Appellate and Motion Practice
Case: Golrick v. United States Bank Nat’l Ass’n, Mass. App. No. 15-P-841 (Apr. 22, 2016).
Description: Successfully represented U.S. Bank in an appeal of a quiet title action filed by the former owner of the property, Jeanne Golrick. Golrick claimed that the foreclosure performed by U.S. Bank was invalid. The Appeals Court decided in favor of U.S. Bank, finding on appeal that Golrick’s claims lacked merit.
Case: Deutsche Bank National Trust Co vs. Antonia Shelzi, et. al., Middlesex Super. No. 1481CV04985 (August 31, 2016).
Description: Successfully represented parcel owner in eminent domain case involving the Somerville Redevelopment Authority’s takings of multiple parcels of real property in the Union Square area. Drafted opposing brief arguing the Authority’s summary judgment motion to use the “project influence rule” to attempt to freeze property values at 2003 levels was improper. The court sided with the client and denied the Authority’s motion.
Case: James Gualtieri v. Equity One, Inc., et. al., Mass. App. No. 15-P-421 (August 1, 2016).
Description: Successfully represented J.P. Morgan Chase Bank against debtor who defaulted on his mortgage, but claimed the mortgage to be fraudulent. Drafted appeal brief successfully arguing that the issues had been precluded by prior litigation, and were otherwise without merit.
Outcome: $700,000 arbitration award
Description: The client was injured while eating lunch in a parked vehicle that was hit by a drunk driver. He sustained a lower back injury that left him permanently disabled from returning to his regular employment. The parties agreed to an arbitration. We presented the case at arbitration, including testimony from the client. The arbitrator issued an award in excess of $700,000.
Outcome: $300,000 settlement
Description: Worker was injured while operating a metal grinder in a confined area. We argued that the general contractor provided improper tools and failed to properly supervise the work. After a day long mediation, we were able to successfully recover $300,000 for the client.
Outcome: $275,000 settlement
Description: The client was rear-ended and his head and jaw struck the steering wheel. He had existing TMJ, which was exacerbated by the car accident. At age 62, he was forced to retire early due to his injuries. After preparing the case for trial and undergoing a difficult negotiation, we were able to secure a $275,000 settlement for the client.
Outcome: $1.1 Million judgment
Description: The client slipped and fell on a set of stairs while delivering a package to a condominium complex. The client sustained back injuries that left him unable to return to his employment. We filed suit against the complex, which failed to appear in the case. We moved for a default judgment, and presented the damages case to the Superior Court. The court returned a judgment for over $900,000, and with interest, the total judgment was over $1.1 Million.
A Rhode Island client had a serious title problem a prior lienholder was about to foreclose and wipe out their mortgage, when their mortgage was supposed to be in first lien position. We quickly investigated the matter and determined that the title abstractor at the closing made a critical mistake when he failed to realize the prior mortgage encumbered both the client’s property and another property. We sued the title abstractor, mediated the case, and were able to recover enough to fully pay off the mortgagee’s lien.
In Massachusetts, the mortgagee needed a defense against a wrongful foreclosure claim by the borrower. The foreclosure had been completed prior to U.S. Bank vs. Ibanez, and there was a problem with the foreclosure notices being sent prior to the assignment of record. We made a close analysis of the legal issues and were able to win the case on summary judgment.
A Massachusetts company came to us when their former customer improperly terminated a service agreement and unilaterally stopped paying their bill for the service. We attempted negotiating with the customer, who refused to acknowledge that they owed the client anything. We then filed suit under the terms of the contract, and were able to recover $20,000 in compensation for the client.