Litigation

 
 

Davis Malm's litigators have a strong track record of obtaining positive results for our clients. Over several decades, our trial and appellate lawyers have demonstrated their ability to successfully prosecute and defend challenging cases from beginning to end. The landmark Demoulas case, in which our clients were awarded what is believed to be the largest judgment in Massachusetts history, is one example. Our victory in a jury trial in the federal district court in which our client was awarded more than $10 million in damages for breach of contract (approximately $20 million with prejudgment interest) is another. More recently, we settled a landmark products liability suit against the third-largest tobacco company in the U.S. and obtained a $79.5 million settlement for our client. But these cases are unique only in duration and size. We bring to all our cases, no matter what their size or area of civil litigation, the same dedication to victory.

For example, two of our lawyers were successful, one in the Appeals Court and one in the Supreme Judicial Court, in establishing that their clients' "offers to purchase" real estate were binding on the sellers. Others on our litigation team obtained a decision from the Supreme Judicial Court abolishing the ancient common law doctrine presuming consideration for contracts signed "under seal." In a case arising out of the sale by our client of two major hospitals, our litigation attorneys used novel theories to obtain a multimillion-dollar verdict against an international hospital holding company that breached a substantial aspect of the sale contract. We also won a noted decision limiting the authority of local conservation commissions to impose restrictions on developers under local wetlands bylaws. In the area of employment law, our litigators obtained important discrimination victories for a Fortune 100 company and against the world's largest accounting firm. Our attorneys have also handled civil rights cases involving first amendment rights and rights of landowners to use and develop their property.

Our litigators bring to every dispute years of experience and dedication to success extending across a broad array of disciplines. We litigate cases in the state and federal courts, before numerous administrative agencies, and before arbitration panels. We prepare every case in anticipation of a trial. This approach is based on our experience, which shows that thorough preparation is the only way to achieve maximum results, whether a case is tried or settled. We are always vigilant in pursuing favorable settlement opportunities and have a demonstrated record of success both in negotiating settlements and in alternative dispute-resolution forums.

We work closely with all our clients to reduce their litigation risks and to resolve disputes outside the courtroom arena whenever possible. This commitment to dispute resolution demonstrates the importance we place on preserving our clients' management, human, and financial resources.

Videos


Radio Entrepreneurs (5:50)
Presented By Patrick T. Clendenen
Pat Clendenen discusses cyber liability, including managing litigation costs when breaches occur, issues involved in class action suits, the importance of insurance coverage, and shareholders liability in breach situations. Listen to full podcast here.