Joshua S. Grossman

Practice Focus and Experience

Josh Grossman practices in the Business Law and Litigation areas and concentrates his practice on business litigation and general business counseling. He is a trial lawyer with experience in a range of areas, including shareholder disputes, insurance coverage, products liability, securities defense, trusts, ERISA, contracts, condominiums, real estate, and construction.

Prior to joining Davis Malm, Josh served as Law Clerk to the Honorable Mark L. Wolf, United States District Court Judge for the District of Massachusetts. He also served as Law Clerk to the Honorable Conrad K. Cyr, Senior Circuit Court Judge for the United States Court of Appeals for the First Circuit.

Representative Matters

• Counsel in a precedent-setting products liability trial against Lorillard Tobacco Co., one of the largest cigarette manufacturers in the world, winning a $152 million verdict for a woman who died after becoming addicted to smoking because the company regularly distributed free cigarettes to her and other schoolchildren in Roxbury, Massachusetts. Read more.
• Represent a publicly traded company in commercial property insurance coverage action and prevailed on plaintiff’s motions for summary judgment on whether policies covered hurricane clean-up expenses and related losses.
• Represented a trust beneficiary in obtaining an $11.8 million judgment against a trustee in a precedent-setting breach of trust case holding a trustee accountable for encumbering trust assets to finance the trustee’s family business.
• Represented minority shareholders in successful shareholder derivative action to unwind a self-dealing transaction by corporate management.
• Representation of condominium associations in the collection of outstanding condominium common expenses from delinquent condominium unit owners under G.L. c. 183A.

Representative Reported Cases

• Evans v. Lorillard, 2004-2840-B (Mass. Super., September 1, 2011) - Obtained judgment on 93A claim pursuant to the Massachusetts Consumer Protection Act in precedent-setting wrongful death case, in which judgment in excess of $200 million (including interest) entered in favor of estate of individual smoker against tobacco company.
• Pantazis v. Tsourides, 26 Mass. L. Rptr. 283, WL 4894320, WL 4894320, (Mass.Super., October 27, 2009) - Obtained substantial award of attorneys fees for successfully trying breach of fiduciary duty claims against self-dealing trustees on behalf of trust beneficiary (see original decision below).
• Pantazis v. Tsourides, WL 2603147, (Mass.Super., July 08, 2009) - Represented a trust beneficiary in obtaining an $11.8 million judgment against a trustee in precedent-setting case holding a trustee accountable for encumbering trust assets to finance the trustee's family business.
• Boylan v. Boston Sand & Gravel Co., 25 Mass.L.Rptr. 209, 2009 WL 765404 (Mass. Super. Jan. 23, 2009) - Prevailed at evidentiary hearing invalidating vote of ostensibly independent corporate directors to dismiss shareholder derivative suit challenging propriety of self-dealing transaction entered into by the company’s officers, controlling shareholders and directors, and to ratify the challenged transaction after-the-fact. Successfully established that the directors, at the time they voted to dismiss the suit and ratify the transaction, did not meet the three-tiered test established in Houle v. Low, 407 Mass. 810 (1990) for scrutinizing the good faith, independence and thoroughness of directors who vote to exonerate corporate insiders where a majority of the board has a financial interest in the transaction.
• Kurker v. Shoestring Properties Limited Partnership, 68 Mass. App. Ct. 644 (2007) - Successfully overturned decision of trial court on appeal and obtained order requiring adverse party to convey marina property to client.
• Boylan v. Boston Sand & Gravel Co., WL 836753 (Mass. Super. Mar. 16, 2007) - Successfully opposed summary judgment motion in shareholder derivative lawsuit challenging self-dealing transactions of corporate officers, directors, and controlling shareholders.

Professional

• Distinctions: Peer Review BV® Distinguished™ rated by Martindale-Hubbell, the second highest bestowed rating; Massachusetts Super Lawyer "Rising Star," 2006, 2007, 2008, 2009, 2010, 2011.
• Admitted: Massachusetts; U.S. Supreme Court; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the Second Circuit; U.S. District Court for the District of Massachusetts; U.S. District Court for the Northern District of Illinois.
• Member: Massachusetts Bar Association; American Bar Association.

Publications and Speaking Engagements

• Joint Defense Agreements Helpful in Securities Cases, New England In-House, Gary S. Matsko and Joshua S. Grossman (coauthors).
• Use of Joint Defense Agreements In Securities Laws Enforcement Proceedings, Gary S. Matsko and Joshua S. Grossman (coauthors), Boston Bar Association Continuing Legal Education.

News

• Davis Malm Attorneys Walk to the Hill for Civil Legal Aid
• Davis Malm Attorneys Awarded Attorneys' Fees and Costs Against Cigarette Manufacturer
• Seven Davis Malm Attorneys Named 2011 Massachusetts "Super Lawyers Rising Stars"
• Davis Malm Attorneys Prevail in 93A Claim Against Cigarette Manufacturer
• Big Tobacco Case Tops Year's Largest Verdicts, Evans v. Lorillard Featured in Massachusetts Lawyers Weekly
• Top 10 Jury Verdicts of 2010: (#3) $152 for Woman Given Free Cigarettes as a Child, Evans v. Lorillard Featured in LawyersUSA
• Davis Malm Attorneys Win $152 Million in Watershed Jury Verdict Against Cigarette Manufacturer

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