Davis, Malm & D'Agostine P.C. Attorneys at Law - Boston Law Firm: Thomas Frisardi

Practice Focus and Experience

Tom Frisardi practices in the Litigation Group and the Land Use and Real Estate Group. He has represented clients in a wide variety of disputes, ranging from insurance coverage to defense contracting fraud and civil rights. His land use and real estate practice encompasses title, leasing, zoning, subdivision, and environmental issues and representation before local boards.

Tom is a native of Dedham, Massachusetts who attended the Roxbury Latin School. Today, Tom lives in Wellesley where he is active in town government. Tom has been selected as a Massachusetts Super Lawyer every year since the award's inception in 2004.

Representative Matters

Dismissal of a defamation case against a former state representative, and recovery of attorney's fees, under Massachusetts' Anti-SLAPP law. This law protects political speech from harassing litigation.
Settlement of a lead poisoning liability case on behalf of a landlord, paid for fully by an insurer who had initially denied coverage, then defended under a reservation of rights.
Arbitration of a multimillion dollar earn out dispute.
Trial of easement rights under a 19th century deed.
Trial of a dispute between shareholders of a closely held, family business.
Settlement of a trademark and domain name dispute.

Representative Reported Cases

Meaney v. Dever, 326 F.3d 283 (1st Cir. 2003) - Obtained reversal from Court of Appeals of District Court decision in case defining limits of First Amendment rights for public employees.
Lapidus v. Board of Appeal of Boston, 51 Mass. App. Ct. 723 (2001) - Case established time limit for Boston zoning enforcement in favor of Boston restaurant owner whose use and occupancy permit was challenged by an abutter too late.
Hobbs Brook Farm Property Co. L.P. v. Planning Bd. of Lincoln, 48 Mass. App. Ct. 403, further rev. denied, 431 Mass. 1102 (2000) - Prevailed both at the Land Court and on appeal in obtaining an “approval not acquired” endorsement under the subdivision control law for a residential subdivision.
A. Shapiro & Sons, Inc. v. Rutland Waste & Metal Co., 76 F. Supp. 2d 82 (D. Mass. 1999) - Obtained dismissal of claim made against client by Federal Superfund defendant (which had been found liable for cleanup costs of a hazardous waste site) for contribution to cost of judgment. Court defined prerequisites for a Federal Superfund contribution action.

Professional

Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004, 2005, 2006, 2007.
Admitted: Massachusetts; United States District Court for the District of Massachusetts, United States Court of Appeals, First Circuit.
Member: Boston Bar Association; American Bar Association.

Community Involvement

Member of the Wellesley Planning Board from 2001 to 2008 (Chairman from 2007 to 2008 and from 2003 to 2005).
Member of Wellesley Town Meeting from 2002 to 2008.

News

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