Business Disputes

  • In November of 2019, obtained a judgment of dismissal for a guarantor on a business loan. The guarantor had been a veterinarian who ran an animal hospital before he left Massachusetts to retire in Florida.  The veterinarian retired before closing on the sale of his interests to a new veterinarian.  During his retirement, the animal clinic that he retired from defaulted on its business loans and the lender commenced suit.  Once it was realized that the clinic under new managemen had no ability to pay back the clinics’ loans and the guarantor, then age 79, was retired in Florida, the lender wrote off the debt.  Berkshire Bank v. Harvard Veterinary Clinic, et al., Worcester Superior Court, Docket NO. 1785CV000193, (Mulqueen, J.)
  • In October of 2019, assisted a local restaurant in avoiding contract damages in an alleged breach of contract. The restaurant was able to convince its linen provider that its pricing was in excess of that of its competitors in the territory.  Moreover, the quality of service provided was not satisfactory.  The parties resolved their differences and entered a new service contract.  Metro Linen Services Corp. v. Concord Brewery, Inc., Essex Superior Court, Docket No. 1877CV00367 (Fahey, J.)
  • In February of 2019, obtained a favorable settlement for a small information technology company who claimed that its former contractor breached a staffing agreement; a non-disclosure and non-solicitation agreement; and a master services agreement, which caused it damages.The former contractor was also required to indemnify the company from any claims made against it as a result.  AppSys Global, Inc. v. Ginjupalli, et al., Middlesex Superior Court, Docket No. 1781CV01573.
  • In October of 2018, obtained a judgment in the amount of $17,500.00 on behalf of a retired husband and wife against a home relocation service provider. The retired couple was forced from their home due to a puff-back incident with their furnace. As a result, they made an insurance claim and were forced to hire a service to move their belonging while the home was professionally cleaned.  The defendant failed to use the insurance proceeds to pay for the moving and storage fees incurred by the homeowners resulting in the storage company’s refusal to release their personal property under the threat of public auction.  Presutti v. Safe Line Relocation Service, Inc., et al., Natick District Court, 1887CV000068.
  • In January of 2018, brokered a very favorable settlement for a service provider in a case brought by an alleged assignee of a disputed debt of approximately $34,000.00. The opportunity to settle arose after the action was dismissed based on multiple deficiencies with the Complaint and the plaintiff realized the difficulty in curing the same.  Porter v. PTAC, Inc., Pittsfield District Court, Docket No. 1727CV000321(Vrabel, J.)
  • In March of 2017, secured a defense verdict on behalf of a mobile home park operator who had allegedly breached a contract with regards to the disconnection of a heating system. Despite the fact that the plaintiff called seventeen witnesses, he was still unable to establish liability or that he incurred any damages, thus leading to the Judgment for Defendant.  Moreover, the defendant collected a check from the plaintiff for sanctions.  Beardsley v. Wood d/b/a Pine Knoll Trailer Park, Ayer District Court, Docket No. 1648CV000001 (Cremens, J.)
  • In February of 2017, secured a Judgment on behalf of a corporation with regard to an unrepaired and unreturned specialized piece of demolition equipment; a Brokk 90; in the amount of $85,595.34. NorthStar Contracting Group, Inc. v. W.G. Services, LLC and Jonathan Wise, Middlesex Superior Court, Docket No. 1681CV01921 (Hogan, J.)
  • In November of 2016, favorably resolved a claim by a national bank against a real estate trust in Harvard, MA whose former trustee had drawn on a line of credit without the assent of the beneficiaries to the trust. The lender commenced an action to recover a large amount of money lent to the trust following the sole trustee’s death.  However, it was discovered after the trustee’s death that someone had forged the signatures of the beneficiaries on the loan documents that authorized the loan.  Moreover, the money loaned was never used for the benefit of the trust.  The plaintiff voluntarily released its previously obtained real estate attachment.  Santander Bank, N.A. v. Thirty-Six Ayer Road Trust, Suffolk Superior Court, Docket No. 1584CV01472 (Giles, J.)
  • In August of 2016, negotiated a reasonable settlement on behalf of an employee sued by his former employer for breach of an employment agreement. The employer was able to secure injunctive relief, and then pursued its claim for monetary damages including the recovery of contractually recoverable attorney fees.  Confidential, Middlesex Superior Court, (Miller, J.)
  • In April of 2016, recovered a substantial consumer payment for a retail flooring company that was incorrectly accounted for and not properly applied by the credit card processing company, leading to a windfall for the backing bank. After a few months of review, the bank finally completed a forensic accounting and located the missing funds and refunded the flooring company.  J. Rose Flooring, Inc. v. Mercantil Commercebank, N.A., Woburn District Court.
  • In December of 2015, negotiated a $95,000.00 settlement on behalf of an information technology specialist, P&S Tech Solutions, LLC, who had been hired to assist another information technology company complete a project for a well-known local corporation. The latter company opted to not pay P&S Tech claiming that it was relieved of its obligation to pay its vendors because its own customer failed to make payment in full.  However, the hiring IT company’s CEO admitted that it never had a contract in place and therefore there was no valid pay-when-paid condition.  P&S Tech Solutions Inc.  TriCore Solutions, LLC, Essex Superior Court, Docket No. ESCV2014-00315 (Lang, J.)
  • In June of 2015, successfully defended an individual in a claim for money damages arising out of a bartering arrangement brought by a business in Sudbury, MA. North Gate Farm v. Clark, Framingham District Court, Docket No. 1449CV000335. (Stoddard, J.)
  • In March of 2014, obtained a favorable decision for a corporate client who was subjected to an improper wage claim brought by an individual who was an incorporated independent contractor as opposed to a former employee. In Re: Hambrick, Texas Workforce Commission, Determination No. 000484011.
  • In January of 2014, secured a Judgment on behalf of an individual who provided a substantial amount of private financing to another individual for the purpose of promoting a Brazilian soccer match at Gillette Stadium that ultimately did not occur. Alibrandi v. Magela, Worcester Superior Court, WOCV2013-01778 (Gordon, J.).
  • In November of 2007, successfully secured a Judgment ultimately worth in excess of $100,000.00 on behalf of an Indiana manufacturer against an e-commerce retailer from Massachusetts. Courterco, Inc. v. Concept One Remodeling Inc. d/b/a Knobby Kneeds, MICV2007-02328, Middlesex Superior Court, (MacLeod-Mancuso, J.).
  • In September of 2006, Final Judgment for approximately $250,000.00 entered after successfully litigating a contract action on behalf of a large telecommunication service carrier in the Superior Court, and then successfully defeating an appeal of that action on the issue of the enforceability of a contractual arbitration clause. iBasis, Inc. v. Macro Communications, Inc.; Suffolk Superior Court, SUCV2004-04047 (Staffier-Holz, J.); Appeals Court, 2004-P-1263.