On July 1, 2008, after briefing and oral argument by Tom Maffei the Massachusetts Appeals Court ruled in favor of one of the firm's clients in a dispute over the terms of a tenancy in a commercial office building. In particular, the Appeals Court reversed the Superior Court's ruling on summary judgment and held that the landlord had not acted in bad faith, as a matter of law, when it sought an increase in rent greater than that provided for in the option portion of the original lease.

On June 10, 2008, after briefing and oral argument by Sara Shanahan, the Middlesex Superior Court dismissed a negligence claim brought against one of the firm's clients, a law firm that was giving risk management advice to insureds via a malpractice insurer's pre-claim hot-line.

On May 14, 2008, after briefing and oral argument by Tom Maffei, Sara Shanahan and Doug Tillberg, the Suffolk Superior Court issued a Memorandum of Decision and Order allowing our client's motion to dismiss claims for breach of the duty to defend and indemnify and for violation fo M.G.L. c. 93A, where the plaintiff claimed that it was a third party beneficiary of a commercial general liability policy issued by the firm's insurer client. See Raytheon Engineers and Constructors, Inc. v. Erie Interstate Contractors, Inc., et al., 24 Mass L. Rptr. 120, 2008 WL 2345371 (Mass. Super. Ct. May 14, 2008).

In January 2008, Tom Maffei was elected to the Board of Trustees of MCLE, Inc., the largest provider of continuing legal education programs to Massachusetts lawyers.

In December 2007, after briefing and oral argument by Sara Shanahan the Business Litigation Session of the Suffolk Superior Court issued an order for the dissolution of a Voting Trust that previously had governed the voting rights associated with shares owned by the firm's clients, who are minority stockholders in a closely-held corporation.

In December 2007, one of the firm's clients obtained dismissal of a purported class action suit against it.  The complaint had alleged that our client's lightbulb packaging was unfair and  deceptive.  Tom Maffei and Scott McConchie represented the client along with the client's outside corporate counsel.  The Middlesex County Superior Court ruled that our client was entitled to the dismissal based on express and field preemption grounds.

In November 2007, following briefing and oral argument by Sara Shanahan and Douglas Tillberg the Business Litigation Session of the Suffolk Superior Court granted in part our motion for summary judgment, ruling that our client's interpretation of the parties' data license agreement was correct and the defendant owed payment to the firms client on certain invoices issued in connection with the license agreement.

In September 15, 2007, following briefing and oral argument by Scott McConchie, the firm obtained summary judgment for one of its insurance company clients.  The case concerned the failure of the insured to update information on his application, information which had materially changed between the time he applied for insurance and the time the policy was approved.  The Essex County Superior Court agreed with our argument that the policy was void ab initio.

On May 21, 2007, after briefing by Scott McConchie and oral argument by Tom Maffei, the Supreme Judicial Court ruled in favor of Tom's client and held that a right of first refusal without a stipulated price was not invalidated by the rule against perpetuites. See Bartolotti v. Hayden, 449 Mass. 193 (2007).

On March 15, 2007, after briefing by Sara Shanahan, the United States District Court for the District of Massachusetts entered summary judgment in favor of the firm's client in a securities case and denied the plaintiffs' Motion for Class Certification. See Organogenesis Securities Litigation, 241 F.R.D.397 (D. Mass. 2007).

In March 2007, Dan Tighe successfully obtained an injunction for CSC Consulting in a case  involving a non-competition agreement.

On March 8, 2007, the Middlesex Superior Court allowed a Motion to Dismiss filed by Sara Shanahan on behalf of certain insurers with regard to an insured's late-filed claim under a claims made policy.

In January 2007, Sara Jane Shanahan became a partner in the firm.  Sara joined the firm in December 2002, and specializes in complex litigation.

In 2006, Dan Tighe represented Massachusetts General Hospital in connection with a licensing dispute that resulted in a $186 million settlement that has been reported as one of the largest settlements in Massachusetts in 2006.

In November 2005, after a week-long bench trial before Judge Alan van Gestel of the Business Litigation Session, the Court found for our client, CMGI, Inc. on all claims brought by a former CMGI executive who alleged that CMGI breached various contractual obligations.  CMGI was represented in the case by Dan Tighe.

On September 29, 2005, Thomas Maffei gave a presentation at a continuing legal education seminar in Boston on Litigation in the Business Law Session of the Superior Court involving partnership and small business disputes.

On March 31, 2005, after briefing by Scott McConchie, the United States Court of Appeals for the First Circuit affirmed the dismissal of the complaint against the firm's clients, who were high-end contractors from the Cayman Islands.  The First Circuit agreed with the district court that the firm's clients were not subject to personal jurisdiction in Massachusetts.

In March 2005, a judge in the Plymouth County Superior Court dismissed the action against one of the firm's life insurance company clients.  The judge ruled that the insurer was entitled to deny the claim for death benefits and declare the policy void.  The basis for the court's decision was that the insured was not in "good health" when the policy issued, and that the insured made material misrepresentations in the application.  The motion for summary judgment was briefed and argued by Scott McConchie.

The January 24, 2005 issue of Massachusetts Lawyer Weekly featured an article by Tom Maffei entitled "Breaking Up is Hard To Do (Correctly)."  The article discusses many of the issues that arise when lawyers change firms, or law firms dissolve or merge into other firms.  Tom's practice includes advisiing lawyers and law firms on such issues.

In January, 2005, after a two week trial, an Essex County jury returned a verdict in favor of our client, CMGI, Inc., which, with interest, exceeded $ 1 million.  Dan Tighe and Sara Shanahan successfully r epresented CMGI in the case, which involved some rather unique insurance coverage issues.

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On October 18, 2004, a judge in the United States District Court for the District of Massachusetts adopted the report and recommendation of a magistrate judge, who recommended that the case against the firm's clients be dismissed.  The firm's clients were contractors from the Cayman Islands.  They had been preemptively sued by a Massachusetts resident, for whom they had built a multi-million dollar home in Grand Cayman, over a payment dispute.  The basis for the magistrate judge's recommendation was that the court did not have personal jurisdiction over the Caymanian contractors.  Scott McConchie briefed and argued the motion to dismiss. 

In August 2004, the New Hampshire Superior Court granted the motion to dismiss filed by one of the firm's life insurance company clients.  The plaintiffs had alleged that the insurer did not comply with New Hampshire regulations in issuing the policy at issue, and were therefore barred from canceling it.  The court subsequently denied the plaintiff's motion for reconsideration.  Scott McConchie briefed the opposition to that motion.

On May 28, 2004, the Business Litigation Section of the Suffolk Superior Court entered judgment in favor of the firm's client, Liberty Mutual Insurance Company on the day before trial was scheduled to begin. The case, Nortek, Inc. v. Liberty Mutual Insurance Company, 2004 Mass. Super LEXIS 196, May 28, 2004, 02-4259 BLS, involved a complex insurance coverage dispute related to the allocation of claims over multiple policy years. Dan Tighe and Sara Shanahan represented Liberty in the case.

In April 2004, after briefing and argument by Scott McConchie, a Suffolk County Superior Court judge granted summary judgment to one of the firm's insurance company clients.  The plaintiff was a doctor who alleged that the insurance company had maliciously filed a subrogation action against him, and in doing so, had violated Mass. G.L. c. 93A.  The court found that the plaintiff had no reasonable expectation of being able to demonstrate malice or lack of probable cause, two elements that he would need to prove at trial to satisfy his burden, and therefore dismissed the action.

On April 15, 2004, the Supreme Judicial Court issued its decision in favor of a national retailer that was sued by a shopper who was injured at one of the retailer's stores. The retailer had made several offers, the highest one being $45,000. A jury awarded the plaintiff $1.2 million. The award was reduced to $250,000. The plaintiff then sued under the state's unfair and deceptive act statute, Chapter 93A, and alleged that the retailer's failure to settle the case before trial was in bad faith and violated Chapter 93A, entitling the plaintiff to treble damages. In its decision, the Supreme Judicial Court reversed the Appeals Court and ordered judgment for the retailer, ruling that self-insured businesses are not subject to liability when they insist on their day in court even where liability is reasonable clear. Tom Maffei and Sara Shanahan represented the retailer.

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In December 2003, Tom Maffei testified as an expert on behalf of the Commonwealth of Massachusetts in the action brought by two law firms to collect a 25% contingent fee from the settlement proceeds of the state's litigation against the tobacco industry.  Mr. Maffei's testimony concerned the law governing legal fees in Massachusetts. The state is estimated to collect $8 billion in settlement proceeds over 25 years.  The law firms sought a 25% fee of $2 billion.  A jury decided that a “reasonable fee” was 10.5% of the recovery.

On November 10, 2003, Massachusetts Lawyers Weekly published an article co-authored by Dan Tighe, entitled “Using Rule 30(b)(6) to Get Focused Deposition Testimony.”

On October 27, 2003, Dan Tighe chaired a Massachusetts Continuing Legal Education panel discussion on business depositions.

In September 2003, the Massachusetts Bar Association's Civil Litigation Section appointed Dan Tighe to serve as on its 15-member council.

On September 5, 2003, the New Hampshire Superior Court entered summary judgment in favor of one of the firm's life insurance clients, in a case where the plaintiffs alleged that the insurer negligently presented a life insurance applicant with the positive results he received on an AIDS test.  The plaintiff did not challenge the accuracy of the results or the information the insurer provided concerning those results, but claimed that the life insurer had an obligation to affirmatively advise recipients that a positive test result did not necessarily mean the applicant had AIDS.    After extensive briefing and argument, the Court disagreed and dismissed the case in its entirety.

In June of 2003, after a jury trial, the United States District Court for the District of Massachusetts entered final judgment in favor of our client, Corning Lasertron, on a claims related to a sales representative agreement. The trial was conducted by Ann Pauly, aided by Sara Shanahan.

On January 13, 2003, the Business Litigation Section of the Suffolk Superior Court entered summary judgment for our client, Liberty Mutual Insurance Company, in a dispute with United Technologies Corporation over the liability for more than $2.2 million in retrospective premium adjustments. The decision in Liberty Mutual Ins. Co. v. United Technologies Corp., 2003 Westlaw 269673 (Ma. Super., January 13, 2003), resolved in Liberty's favor all liability issues related to the relative responsibility for the payment of insurance premiums owed by multiple named insureds covered by policies issued over many years. Liberty was represented by Dan Tighe. Very shortly after the decision was rendered, the case settled on terms favorable for Liberty.

On January 9, 2003, the United Stated District Court for the District of Massachusetts issued a decision favorable to our client, Omega Healthcare Investors, in which it found that several lenders' title insurance policies provided coverage to Omega and one of its subsidiaries for losses suffered after title to the insured property was transferred to the subsidiary as part of a deed in lieu of foreclosure transaction. The decision in Omega Healthcare Investors, Inc. v. First American Title Ins. Co., 2003 Westlaw 79037 (D.Mass., Jan. 9, 2003), rejected the title insurer's argument that coverage lapsed because the subsidiary obtained title while Omega retained its mortgagee interest. Dan Tighe and Andy Griesinger represented Omega. The case (and a companion case) settled on terms favorable to Omega shortly after the decision was rendered.

On December 13, 2002, Tom Maffei spoke at the Massachusetts Board of Bar Overseers' training session for newly appointed hearing committee members. Tom's lecture was based on his experiences representing lawyers involved in disciplinary proceedings before the board.

July, 2002: Tom Maffei and Dan Tighe authored an editorial in the the July 19, 2002 edition of Boston Business Journal, entitled "The Uncertain Lessons of the Andersen Conviction." The article addresses the important question of what considerations should govern the destruction of corporate documents when there is no litigation pending.

On June 4, 2002, the United States District Court for the District of Massachusetts entered summary judgment for our client, Harvard Pilgrim Healthcare, Inc. and certain of its affiliates in a class action consumer fraud case. The decision, Alves v. Harvard v. Harvard Pilgrim Healthcare, Inc., 204 F. Supp. 2d. 198 (D. Mass. 2002) makes new law with respect to the duties owed by fiduciaries of ERISA plans. The plaintiffs claimed that HPHC and its affiliates breached various duties under ERISA by charging flat "co-payments" for prescription medications that were, in some instances, greater than the wholesale cost of the medications. Among other things, the Court found that establishing the terms of the plan was not a fiduciary act under ERISA and that HPHC and its affiliates did not breach any duty by administering the plans in accordance with its terms. The challenged practice is common in the managed healthcare industry. This is the first published decision to consider whether it complies with ERISA. Dan Tighe and Scott McConchie worked on the case along with our former colleague, Mike Walsh.

On April 26, 2002, a 50-page decision was issued by the Hampshire Superior Court in a case against one of the firm's national insurance company clients charging that the insurer had violated the Massachusetts Unfair Claims Settlement Act by failing to settle a slip and fall tort case. In the case against the owner of the mall where the accident happened, the jury returned a verdict of $1.8 million that was later reduced to $1.3 million. Subsequently, the injured party sued the insurer alleging that the insurer had violated chapter 93A by "low balling" the plaintiff. In the Chapter 93A case, the plaintiff sough treble damages of $4.5 million plus attorney's fees. After a week-long trial, the Court ruled that the insurer had not violated Chapter 93A by refusing to settle the case. The Court ruled that the insurer should have disclosed the name of a witness that was included in the claim file, but dismissed most of the chapter 93A claims but awarded the plaintiff only $860.00, which was the cost of an investigator the plaintiff hired to locate the witness, and trebled that award. According to the decision, the plaintiff's recovery is approximately $2500.00 plus some of its fees. Tom Maffei tried the bad faith case for the insurer. The case was featured on the front page of the May 13, 2002 edition of Massachusetts Lawyers Weekly.

On April 5, 2002, after briefing by Scott McConchie, a Norfolk Superior Court judge dismissed a lawsuit against one of the firm's life insurance company clients in an action in which the plaintiff alleged that the insurer wrongfully failed to pay death benefit proceeds. The Court dismissed the Complaint on statute of limitations grounds.

On February 28, 2002, after argument and briefing by Scott McConchie, a Suffolk Superior Court judge dismissed a lawsuit against one of the firm's insurance company clients in an action in which the plaintiff alleged that the insurer had maliciously filed a subrogation case, had abused process, and violated Mass. G.L. c. 93A. The Court ruled that the plaintiff's complaint, as pled, did not state claims upon which relief could be granted.

On February 11, 2002, Ann Pauly joined the firm as Of Counsel. Ann practiced law at Ropes & Gray in Boston and at her own firm for the past six years. Ann is a graduate of Duke University and of Boston College Law School. She is a trial lawyer whose practice is focused primarily on commercial, securities, intellectual property and employment matters. Ann is a past President of the Boston College Law School Alumni Association and is currently President of the Board of Directors of The Cambridge Family & Children's Service.

On February 4, 2002, the Supreme Judicial Court, in a unanimous opinion, ruled in favor of the firm's client, The Savings Bank Life Insurance Company of Massachusetts, in a purported class action brought on behalf of SBLI's policyholders claiming that the company owes them additional dividends in the amount of approximately $57 million. SBLI had prevailed in the Superior Court. The plaintiffs took the appeal. Tom Maffei handled the appeal for SBLI.

In January 2002, Governor Jane Swift appointed Tom Maffei as the Presiding Officer to conduct the hearing concerning the Governor's removal of two members of the Massachusetts Turnpike Authority. The hearing, which took place on January 10 and 11, followed a decision of the Supreme Judicial Court confirming the Governor's authority to remove board members for "cause." The removal proceedings are unprecedented in Massachusetts. According to the members whose removal was being sought, the Massachusetts Turnpike Authority is an independent authority free of oversight or control by the Governor. The Supreme Judicial Court disagreed with the members' position and ruled that, under a seldom used statute, the Governor could remove a member but only upon a showing of cause. The Governor, who sat through the hearing, took the issue under advisement at the close of the hearing and, on February 7, 2002, determined that cause existed and ordered the members' removal. In May 2002, the Supreme Judicial Court ruled that there was not sufficient cause to remove the members and reinstate them. In commenting on Tom's appointment, Justice Greaney wrote, "[Mr. Maffei] is known to me as a lawyer of first rate ability and integrity."

January/February 2002: Tom Maffei and Lawrence Friedman, a lecturer at Harvard Law School, published an article in the January/February 2002 issue of the Boston Bar Journal entitled, "Attorney/Client Privilege: Where Should We Draw the Line? Permitting Lawyers To Prevent Physical and Economic Harm."

On January 4, 2002, the United States District Court for the Southern District of Florida granted a motion to dismiss a claim against one of the firm's clients on the grounds that the client, which is a large life insurance company, is not subject to the jurisdiction of the federal court in Florida. The Court ruled that, even though the company was subject to jurisdiction in Florida under the Florida long-arm statute, it lacked the minimum contacts necessary to satisfy constitutional requirements of due process. The decision is noteworthy because the company advertises its products on the world wide web throughout the United States. Despite that advertising, the Court found jurisdiction lacking. Tom Maffei represented the company.

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On November 14, 2001, a Middlesex Superior Court judge ruled in favor of one of the firm's clients in an action in which the plaintiff alleged that the firm's client breached their contract and violated chapter 93A by refusing to pay for services he claimed he had rendered in seeking abatements on commercial real estate owned by the client.

On July 17, 2001, Cross-examining Expert Witnesses" at MCLE's annual "Counting Down To Trial" program.

On May 31, 2001, after argument and briefing by Mona Patel, a Suffolk County Probate Court judge dismissed a lawsuit against one of the firm's life insurance company clients in an action in which the plaintiff alleged that the insurer had wrongfully paid out the proceeds of a life insurance policy in violation of a divorce and separation agreement entered into by the insured and his ex-wife. Citing the brief submitted on behalf of the life insurance company, the Court ruled that joint and several liability for the insurance proceeds rested solely with the insured's second wife, who had collected the proceeds, and the estate of the insured.

In April, 2001, The Dean of Boston College Law School announced that Tom Maffei was honored at the Law School's annual Law Day Celebration with the William J. Kenealy, S. J. Alumnus of the Year Award. The award is given each year to that graduate of the school who has given of him/herself to benefit the Law School.

In February 2001, Tom Maffei was appointed by the Supreme Judicial Court as a member of the Massachusetts IOLTA Committee. The Committee is responsible for overseeing the program which collects interest on lawyers' trust funds and directs the money toward law-related pro bono activities.

On January 31, 2001, a Superior Court judge sitting in Suffolk County allowed a motion for summary judgment in favor of Savings Bank Life Insurance Company of Massachusetts. ("SBLI") in Richard Goldstein v. Savings Bank Life Insurance Company of Massachusetts. Tom Maffei and Mona Patel represent SBLI in the litigation, which has been pending since May, 1998. The litigation is a purported class action on behalf of SBLI's 500,000 policyholders who allege that SBLI has violated Massachusetts law by wrongfully withholding approximately $60 million from its policyholders. The Court ruled that SBLI correctly took into account two adjustments in calculating the amount of surplus distributable to policyholders. The adjustments are for the minimum amount of the shareholder equity in SBLI and the present value of an additional dividend required to be paid out as part of SBLI's 1991 reorganization. The Court, in deciding in favor of SBLI, reported the case to the Appeals Court stating that "[t] he issues are of such exceptional novelty and seem to have that cosmic quality that makes this case one of those rare few that is an appropriate candidate for a report."

In December 2000, Andy Griesinger and Scott McConchie were successful in persuading the United States District Court for the District of Massachusetts to dismiss the counterclaims filed by Harvard University against the Firm's client, Harvard Pilgrim Health Care, Inc. ("HPHC") in litigation over Harvard Pilgrim's use of the name "Harvard." The litigation, which was filed on behalf of HPHC, seeks a declaration that HPHC has the right to use the name "Harvard." The University filed a counterclaim against HPHC claiming that HPHC's right to use the name since 1969 was pursuant to an implied, unwritten license and that by filing a declaratory judgment action HPHC had repudiated the license agreement thereby making HPHC an infringer of the University's trademark rights in the name. The Firm successfully argued that HPHC did not repudiate the license by filing the declaratory judgment action and the Court dismissed all of the University's counterclaims.

On November 17, 2000, Tom Maffei made a presentation to new members of the Massachusetts Board of Bar Overseers' Hearing Committees on the representation of attorneys before the Board.

New Article: MCLE Inc.'s treatise entitled Massachusetts Liability Insurance Manualwas published during the week of October 23, 2000 and contains Tom Maffei's chapter entitled "Bad Faith Claims Handling-G.L. c. 93A and G.L. c. 176D."

On November 13, 2000, Andy Griesinger made a presentation as a member of the faculty at a seminar on summary judgment sponsored by Massachusetts Continuing Legal Education, Inc. The seminar was held at the MCLE Conference Center, Ten Winter Place, Winter Street, Boston, Massachusetts.

On November 2, 2000, Tom Maffei made a presentation at the Mealey's Toxic Tort and Environmental Insurance Conference on the subjects of bad faith and extra-contractual damages. The conference was held at the Fairmont Copley Plaza, 138 St. James Street, Boston, Massachusetts.

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