Thomas S. Fitzpatrick

Practice Focus and Experience

Tom Fitzpatrick practices in the Business Law and Litigation areas. Tom is a trial lawyer focusing primarily on business, corporate, and commercial litigation. He has considerable experience in all manner of business disputes, including litigation and arbitration in corporate, real estate, construction, and shareholder cases.

Representative Matters

• Successful prosecution of a corporate indemnification action in the Delaware Chancery Court. Read more.
• Successful defense of a bank, a mortgage company and its loan officer in a case brought by a construction loan borrower alleging fraud and violation of Chapter 93A. Read more.
• Successful prosecution of an action brought by an intestate estate to recover funds from a former administratrix of the estate. Read more.
• Successful defense of a federal court action alleging fraud and breach of fiduciary duty by former chief financial officer and treasurer of investment banking firm. Read more.

Representative Reported Cases

• Clean Harbors, Inc. v. John Hancock Life Ins. Co., 64 Mass. App. Ct. 347, rev. denied, 445 Mass. 1105 (2005) - Concerning the enforcement of a liquidated damages provision of a securities purchase agreement and compliance with the Massachusetts usury statute.
• Lattuca v. Robsham, 442 Mass. 205 (2004) - Represented plaintiff Trustee in claim against an agent and lender to the trust who had used access as lender to facilitate diversion of trust assets to himself. Trial court found that agent/lender had violated fiduciary duty and the covenant of good faith and fair dealing. Supreme Judicial Court affirmed the decision.
• V.S. Haseotes & Son, L.P. v. Haseotes, 819 A.2d 1281 (R.I. 2003) - Represented a partner of a real estate partnership that prevailed in upholding a favorable arbitration award. The case established standards necessary to set aside an arbitration award on the grounds of arbitrator bias.

Professional

• Distinctions: Peer Review AV^® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2005, 2006, 2011.
• Admitted: Massachusetts; United States District Court for the District of Massachusetts.
• Fellow: Massachusetts Bar Foundation.
• Member: Massachusetts Bar Association; Boston Bar Association.

Community Involvement

• Volunteer attorney for Shelter Legal Services, Inc.

Publications and Speaking Engagements

• Pay Dirt: Recycler Undeterred in Fight vs. Major Trash Hauler Massachusetts Lawyers Weekly, Laurence M. Johnson, Thomas S. Fitzpatrick, and Neal J. Bingham (interviewed)
• Demoulas: An Inside Look at the Twists and Turns of a Legal Blood Feud, Massachusetts Lawyers Weekly, Carol R. Cohen and Thomas S. Fitzpatrick (quoted)

News

• Thomas S. Fitzpatrick Serves as Faculty Member at MCLE 11th Annual New England Business Litigation Conference
• Fifteen Davis Malm Attorneys Named 2011 Massachusetts "Super Lawyers"
• Laurence M. Johnson, Thomas S. Fitzpatrick, and Neal J. Bingham Obtain $10.375 Million Jury Verdict in Federal Court
• Thomas S. Fitzpatrick Successfully Prosecutes Chapter 93A Claim Obtaining $7.4 Million Judgment
• William F. Griffin, Jr. and Thomas S. Fitzpatrick Participate in MCLE Program "Fiduciary Duties of Directors, Officers and Owners of Closely Held Business"

• View Tom's Full Bio