James Gallagher
phone: 617-589-3883
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PRACTICE & FOCUS AREA

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Jim is a creative and attentive litigator and trial lawyer. He routinely litigates business disputes between partners, zoning appeals and other real estate matters, as well as plaintiff and employer-side employment disputes. Jim also defends institutional and individual trustees and beneficiaries in probate cases and will contests. Jim has represented clients in investigations before the Securities and Exchange Commission and in state and federal court. When advising clients, his goal is to help them create plans to resolve their disputes effectively and efficiently.

Jim also currently serves as a Before joining Davis Malm, Jim served as an officer and judge advocate. While stationed in Kaneohe Bay, HI, he served as a prosecutor and defense counsel and Special Assistant U.S. Attorney for the U.S. Attorney’s Office for the District of Hawaii. In these roles, Jim engaged, prosecuted, and defended marines and sailors in numerous contested criminal courts-martial. In 2008, Jim deployed as the Battalion Judge Advocate with 2d Battalion, 3d Marines in support of Operation Iraqi Freedom.

RESULTS

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  • Successfully represented a client in a jury trial involving claims of damage to reputation and emotional distress. The jury found in favor of our client and awarded monetary damages, plus interest, costs and attorney’s fees.
  • Represented 21 condo owners before the Boston Zoning Board of Appeals in preventing a neighboring office building from being converted to biotech use. After arguing that the proposed conversion represented a step backwards in planning, given the amendments to the Boston Zoning Code which created Article 68, known as the South Boston Neighborhood District, the Boston Zoning Board of Appeals unanimously rejected the building owner’s conversion proposal.
  • Successfully represented the daughter of a decedent in challenging the petition of his will, which omitted his children. The court dismissed the petition for probate on the basis that the decedent lacked the requisite mental capacity to sign the will, and found that the decedent died intestate. Read the decision here.
  • Successfully recovered a client’s land that had been wrongfully included as part of a foreclosure of an adjacent parcel.
  • Successfully represented client prosecuting claims of patent infringement, including defeating motion to dismiss, resulting in favorable settlement for client.
  • Successfully defended a real estate developer against claims of Clean Water Act and Safe Drinking Water Act violations. The client was absolved of all liability for pollution.
  • Successfully represented real estate developer obtaining zoning relief from Boston Zoning Board of Appeals.
  • Successfully prosecuted breach of contract, negligent supervision, failure to supervise, and vicarious liability claims against a broker and brokerage house before a Financial Industry Regulatory Authority (FINRA) arbitration panel.
  • Representation of trustees, executors, administrators, beneficiaries, and other individuals and entities in legacy disputes, will contests, action for breach of fiduciary duties, and accountings.
  • Successfully pursued claims for fraud, breach of contract, and unfair and deceptive trade practices and obtained substantial settlement against one of the world’s largest private aircraft manufacturers.

REPORTED CASES

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CREDENTIALS

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Distinctions:

  • Massachusetts Super Lawyers, 2019-2023
  • Massachusetts Super Lawyers Rising Stars, 2011-2017

Admitted:

  • Massachusetts
  • New Hampshire
  • Pennsylvania (inactive)
  • United States District Courts for Massachusetts, New Hampshire, and the Eastern District of Pennsylvania 

Member:

  • Boston Bar Association
  • International Lawyers Network

MORE THAN A LAWYER

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Outside the office, Jim continues to serve in the Marine Corps Reserve. He is currently serving as the Deputy Staff Judge Advocate Marine Corps Forces Command, Norfolk, Virginia. In this role, Jim advises the Commanding General and subordinate commanders on a wide range of legal issues. Jim continues to donate some of his working time to serve as a pro bono attorney with Veterans Legal Services. When Jim is “off duty,” he spends most of his time as a volunteer coach with Parkway Youth Hockey and Parkway Youth Lacrosse.

News & Insights
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Brockton chicken coop still stands after $90K legal fight, quoted in Massachusetts Lawyers Weekly

Where there’s a will…, quoted in Massachusetts Lawyers Weekly

Towing Co. Can’t ‘Pick Off’ Lead Class-Action Plaintiff, quoted in Massachusetts Lawyers Weekly

Career Cluster, panelist at Colgate University's SophoMORE Connections Program

Awards
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