GPW Sampling of Litigation Cases (in addition to numerous arbitrations, NLRB, MCAD, DLR, Civil Service and withdrawal liability cases):
Lavoine and Gray v. North River Collaborative, Plymouth (Brockton) Superior Court, CA No. 1683-cv-01026. Originally a putative wage class action (class action aspect has now been waived by Plaintiffs), now a breach of contract/wage case, pending.
Hajikani v. Daher et al, Suffolk Superior Court, CA NO. 91-5612 (1993), commercial landlord/tenant dispute, went to verdict in 1993.
The Principle Broadcasting Network LLC v. Commonwealth Land Title Insurance Co., et al., Suffolk County Superior Court C. A. No. 2010-02299F: represented sellers of radio stations in title defect litigation later arising when buyer sought to sell Marblehead property.
Doran et al v. J. P. Noonan, Inc. et al, Boston Federal Court, CA No. 1:15-cv-13144-WGY, purported wage class action removed to federal court under Class Action Fairness Act, defense verdict on claim of liability in excess of one million dollars upheld by First Circuit 853 F.3d 66 (2017)
Biewald v. 7/10 et al, Essex Superior Court, CA No. ESCV2012-01944 (2016), plaintiff’s employment contract litigation.
Bard v. BSA-ILA, Boston Federal Court, CA No. 04-11946-NMG (2005), our client health & welfare fund denied disability benefits to beneficiary, First Circuit 471 F.3d 229 (2006).
Reliable Roofing v. Town of Milton, Norfolk Superior Court, C.A. NO. 97-01726, jury verdict, eventually settled.
Mansur v. Zoning Bd. of Appeals of Avon, Norfolk Superior Court, two related cases, summary judgment in each, 89 Mass. App. Ct. 113 (2016) 2016 WL 3879040.
City of Beverly v. AFSCME, Essex Superior Court, post-arbitration action by City who had terminated plaintiff, Appeals Court 86 Mass. App. Ct. 112 (2014) (unpublished decision) 2014 WL 7333995.
Wieland et al v. Bring Home Care et al, Essex Superior Court, CA No. ESCV2013-01380 (2014), putative class action for home health client, settled favorably at mediation after protracted pretrial discovery disputes.
Maria delRosario, as Guardian and Parent of Gwendolyn Burke v. Nashoba Regional School District; Civil Action No. 18-1899-D, Worcester Superior Court, breach of settlement agreement claim against school district client arising from SPED case, ongoing.
Price Chopper v. Consolidated Beverages, Worcester Federal Court, CA No. 09-10617-FDS (2012) represented beer distributor in bottle bill redemption dispute, split jury verdict.
Wesson v. Town of Salisbury et al, Boston Federal Court, represented defendant police chief in case brought by Commonwealth Second Amendment (gun lobby) challenging statutory licensing procedures, summary judgment, 13 F.Supp.3d 171 (2014).
Curran v. Cousins et al, Boston Federal Court, terminated employee of Sheriff’s Department challenged termination claiming his web posts were protected speech. Decided judgment on the pleadings in client’s favor, 482 F.Supp.2d 36, affirmed by First Circuit 509 F.3d 36 (2007)
Mearn v. Milton, Norfolk Superior Court, terminated Town Manager sued for severance under his contract. Summary judgment, Appeals Court, 89 Mass. App. Ct. 113 (2016)(unpublished decision), 2016 WL 4162231.
Flynn v. Buckley Associates, Middlesex Superior Court, Civil Action No. 11-3000 (2012), Massachusetts asbestos litigation, stipulated out of case after Plaintiff’s deposition.
Hovagimian et al v. Concert Blue Hill, et al, . Norfolk Superior Court, Civil Action No. 18-0590. Putative class action claiming employer unlawfully diverted tips from servers at banquet facility. Judgment on the pleadings in March, 2019.
Teixeira v. Quality Beverage Limited Partnership, Boston Federal Court, removed from state court, action brought by employees seeking to enforce and enlarge an arbitration award, 351 F.Supp.3d 188 (2019).
Calixto et al v. Coughlin et al, Supreme Judicial Court of Massachusetts, 481 Mass. 157 (2018), firm submitted amicus brief in support of appellee on issue of whether or not WARN damages were “wages” under the state’s payment of wages statute. Court ruled in favor of appellees.
McGunigle v. City of Quincy et al, Boston Federal Court, police officer brought civil rights/First Amendment claim for retaliating against him, culminating in his termination, for publicly complaining about dogs defecating in his neighborhood. Our clients were Chief of Police and his Executive Officer; decided on summary judgment, 132 F.Supp.3d 155, later affirmed by First Circuit, 835 F.3d 192 (2016).
Town of Brookline et al v. Secretary of Com ., Supreme Judicial Court of Massachusetts, 417 Mass. 406 (1994). SJC ruled that state representative redistricting plan did not violate the Massachusetts Constitution, even though it divided towns among two or more districts.