Sally & Fitch, Boston Massachusetts Law Firm News | Case Results & Judgments MA Attorneys

January 2010	Massachusetts Lawyers Weekly names Jonathan W. Fitch, the managing partner of Sally & Fitch LLP, as a "Lawyer of the Year 2009." Mr. Fitch was one of ten lawyers in the Commonwealth to receive this honor.

December 2009	Steven E. Gurdin and Barbara L. Drury negotiate and achieve a favorable settlement on behalf of our client in a divorce action that involved complex business and financial issues, as well as contested legal issues regarding the proper method to ascertain the current value of the defendant's phantom stock rights. Under the terms of the settlement agreement, our client will receive her equitable share in the defendant's multi-million dollar business interest, in addition to a support arrangement that provides for payments in excess of $200,000 annually.

December 2009	Andrea Peraner-Sweet obtains dismissal of two different employment discrimination cases filed against our client Massachusetts General Hospital. The Superior Court awarded MGH summary judgment in the case of Zhu v. Massachusetts General Hospital, and the United States District Court for the District of Massachusetts allowed MGH's motion to dismiss plainitff's claims in McBride v. MCAD et al.

December 2009	Steven E. Gurdin and A. Hether Cahill obtained summary judgment on behalf of a client involved in a will contest. The firm's client petitioned to probate his mother's will, and his sister filed an affidavit of objections alleging that the client unduly influenced the will. The Probate Court allowed the client's motion for summary judgment, struck the sister's affidavit of objections, and appointed the client the Executor of their mother's estate.

December 2009	Steven E. Gurdin was recognized as a "top volunteering individual" in the 2008-2009 Annual Report of Massachusetts Continuing Legal Education (MCLE). Steven E. Gurdin was among ten volunteers recognized by MCLE as "top volunteering individuals" out of the 2,431 individuals that volunteered their time, expertise and enthusiasm as MCLE advisers, faculty, authors and editors. Annually, Mr. Gurdin moderates the Family Court Judicial Forum, co-chairs the Divorce Law Basics Program, serves on the Family Law Curriculum Advisory Committee and participates in other family law and probate litigation programs.

November 2009	Steven E. Gurdin moderates the Fall 2009 MCLE Family Court Judicial Forum. This marks Mr. Gurdin's 7th consecutive year as the moderator. Mr. Gurdin will be moderating panels in Boston and Taunton. Judges from the Probate and Family Court sit on the panel and deliver their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin.

October 2009	Law & Politics honors Peter E. Ball as a "Top 100 Massachusetts Super Lawyer" in a list published in Boston Magazine.

October 2009	Law & Politics award nine Sally & Fitch LLP lawyers the "Massachusetts Super Lawyer" designation, which is limited to 5% of the lawyers in Massachusetts.

October 2009	Law & Politics recognize five Sally & Fitch LLP lawyers as a "Rising Star" in the "Massachusetts Super Lawyer" list published in Boston Magazine. The "Rising Star" award is limited to 2.5% of the lawyers in Massachusetts under the age of 40 who have been practicing for less than 10 years.

October 2009	Sally & Fitch LLP celebrates the 25^th Anniversary of its Founding.

September 2009	A team led by Jonathan W. Fitch, including Ashly Scheufele and Robert Mendillo, achieves a settlement of $18,250,000 for our client Kington Holdings Limited in a matter being arbitrated before the International Centre for Dispute Resolution. The details of the settlement are set forth in public filings of LoJack Corporation with the U.S. Securities and Exchange Commission.

July 2009	Stephen Reilly wins a major case on behalf of our client Bank of America ("BOA"). On July 23, 2009, the Massachusetts Appeals Court issued a decision in Grassi Design Group, Inc., et al. v. Bank of America, N.A., et al., 74 Mass. App. Ct. 456 (2009), affirming the Superior Court's entry of summary judgment in favor of BOA in a complex check fraud action. Steve represented BOA in both the Superior Court and the Appeals Court. The recent Grassi decision is significant because it marks the first instance in which an appellate court in Massachusetts has ruled on the "same wrongdoer" rule set forth in Uniform Commercial Code ("UCC") section 4-406(d)(2) -- a key defense to many check fraud claims. The Appeals Court also made it clear that, in a check fraud case such as this, the customer bears the burden of proving that the defendant bank did not exercise "ordinary care" as that term is specifically defined in UCC section 3-103(a)(7). Read the decision.

July 2009	Robert Mendillo and Ashly Scheufele obtain award of summary judgment on behalf of our client, whose sales commissions were unlawfully withheld in violation of the Massachusetts Wage Act. The client will recover all withheld commissions, attorneys' fees and costs.

May 2009	Steven E. Gurdin co-moderated a bench-bar meeting at the Boston Bar Association with five of the newly appointed Probate and Family Court Justices.

March 2009	Jonathan W. Fitch and Ashly Scheufele win liability phase of an arbitration on behalf of our client, Kington Holdings Ltd., in proceedings before an Arbitrator appointed by the International Centre for Dispute Resolution. The Arbitrator found that LoJack Equipment Ireland, Ltd. wrongfully terminated an agreement with Kington, pursuant to which Kington was granted an exclusive right to create and operate a LoJack stolen vehicle recovery system in the People’s Republic of China. The damages phase of the arbitration has not yet occurred.

March 2009	Steven E. Gurdin is a panelist at the MCLE 12th Annual Family Law Conference. Mr. Gurdin will be discussing recent developments in case law and legislation. The Family Law Conference is the largest family law program of its kind in Massachusetts.

March 2009	Steven E. Gurdin will be chairing the MCLE Divorce Law Basics program. Mr. Gurdin has chaired this program for the past five years. This program is a comprehensive two-day course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce.

January 2009	Robert Mendillo served on a panel of instructors for a deposition skills training program offered to various assistant attorneys general by the Massachusetts Attorney General's Institute.

December 2008	Jonathan W. Fitch and Robert Mendillo obtain judgment of $2,943,320 for their client, Independence Seaport Museum of Philadelphia, against the museums former president, who had robbed the museum of assets through a complex series of fraudulent transactions. The firm played a significant role in uncovering evidence of thievery that ultimately resulted in the conviction of the defendant on federal criminal charges.

December 2008	Peter Ball is a panelist for the fourth consecutive year for the MCLEs annual program on Civil Deposition Practice.

November 2008	Andrea-Peraner-Sweet and Robert Mendillo win judgment dismissing a case brought against their client in a bitter will dispute. The decedent's daughter claimed that the firm's client had misappropriated money that she was entitled to inherit. Not only did the Probate Court enter judgment dismissing the case without a trial, it ruled that the substantial money at issue was the immediate property of the firms client.

November 2008	Kurt Kusiak and Alex Klibaner successfully brought a motion to dismiss for PAREXEL International Corp. in a large class action case brought in the United States District Court for the Middle District of Florida, Ironworkers Local Union No. 68 et al. v. AstraZeneca Pharmaceuticals LP et al.. Plaintiff union health and benefit funds, falsely claimed that AstraZeneca and PAREXEL violated the federal Rackeeteer Influenced and Corrupt Organizations ("RICO") statute and state consumer protection laws and committed fraud by allegedly misrepresented the safety and efficacy of the antipsychotic drug Seroquel and marketing the drug for off-label uses. The claims were dismissed because the Plaintiffs’ could not show any injuries proximately caused by Defendants’ alleged actions. See: http://www.fdalawblog.net/

November 2008	Steven E. Gurdin moderates the Fall 2008 MCLE Family Court Judicial Forum. This marks Mr. Gurdin's 6th consecutive year as the moderator. Mr. Gurdin will be moderating panels in Boston and Plymouth. Judges from the Probate and Family Court sit on the panel and deliver their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin.

October 2008	Ten lawyers of Sally & Fitch LLP are named “Massachusetts Super Lawyers,” in a survey published in Boston Magazine. The recognition is given to only 5% of the lawyers in the Commonwealth. Three lawyers of the firm are recognized as “Massachusetts Rising Stars,” a group of the top 2.5% of all lawyers under the age of 40. See the Press Release for details.

August 2008	Francis J. Sally named one of "Boston's Best Lawyers" in a supplement of Incisive Media published in the Boston Globe Magazine.

August 2008	Jonathan W. Fitch and John Miller win case in the Massachusetts Appeals Court and successfully defend a judgment of the Land Court finding that our client's property is entitled to grandfathered status under the Nantucket Zoning By-Law. Read the decision of the Appeals Court in Julius Jensen, Third v. Nantucket Zoning Board of Appeals.

July 2008	Massachusetts Lawyers Weekly cites the case of Batishchev v. Coldwell Banker, won for our clients by Jonathan Fitch and John Miller, as among the “Most Significant Opinions during January – June 2008.” See Memorandum and Order.

June 2008	In a Superior Court check fraud case, Steve Reilly and Jennifer Greaney obtained summary judgment dismissing all claims against Sally & Fitch, LLP's client, a large national bank.

June 2008	Steve Gurdin named Co-Chair of the Family Law Section of the Boston Bar Association.

June 2008	Steve Gurdin wins contempt trial for unpaid child support in the Plymouth County Probate Family Court on behalf of the custodial parent father against the mother. The client was awarded a sizeable judgment including counsel fees.

June 2008	Steve Gurdin, a highly regarded attorney who works primarily in the area of family law, joins Sally & Fitch LLP as a Partner after practicing at Conn Kavanaugh Rosenthal Peisch & Ford, LLP for 12 years, (the past 5 years as a partner).

May 2008	Steve Reilly co-authors "Preparing To Take A Deposition," which appears as Chapter 3 of the Massachusetts Deposition Practice Manual, 2d ed., 1st Supplement (MCLE, Inc. 2008).

April 2008	Alex Klibaner lectures on Employee Rights and the Prevention of Workplace Violence at Endicott College's Annual Conference on Workplace and School Violence.

March 2008	Alex Klibaner co-chairs a CLE program at the Boston Bar Association on Litigating and Winning Employment Discrimination Cases

February 2008	Andrea Peraner-Sweet and Alex Klibaner obtain summary judgment dismissing all claims against our client who had been wrongly sued for defamation, invasion of privacy, and violation of the state's healthcare providers' whistleblower law.

February 2008	Jonathan Fitch and John Miller obtain judgment of $3,878,548.90 against defendant who defrauded our clients in the purchase of a residential condominium. See Memorandum and Order.

February 2008	In a Superior Court check fraud case, Steve Reilly and Amber Villa obtain summary judgment dismissing all claims against Sally & Fitch LLP's client, a large national bank.

January 2008	Jonathan Fitch and John Miller obtain jury verdict awarding our client substantial damages in a legal malpractice case.

January 2008	Peter Ball chairs a Massachusetts Continuing Legal Education program entitled, "What Every In-House Counsel Should Know About Criminal Law."

January 2008	Kurt Kusiak appears as a panelist at the Annual Business Litigation Conference sponsored by Massachusetts Continuing Legal Education.

January 2008	Jennifer Greaney and John Miller elected partners of Sally & Fitch LLP.

December 2007	Andrea Peraner-Sweet obtains a lack of probable cause finding from the Massachusetts Commission Against Discrimination when it found that our client had not engaged in discriminatory conduct in a place of public accommodation.

December 2007	Jennifer Greaney obtains dismissal of a complaint brought by an abutter who attempted to stop a construction project at our client's home. The Court found that the abutter lacked standing to challenge the Nantucket Historic District Commission's approval of the project.

November 2007	Nine lawyers of Sally & Fitch LLP, including all of the firm's partners, are named "Massachusetts Super Lawyers" in Boston Magazine - a recognition limited to 5% of the lawyers in the Commonwealth.

June 2007	Sally & Fitch LLP was identified as a "Hidden Gem" in a survey of 427 corporate counsel at 3 types of companies: Fortune 1000 organizations, large privately held companies and major financial services firms. Read about the survey.

May 2007	Andrea Peraner-Sweet and Francis J. Sally prevail at the Supreme Judicial Court when the Court affirmed summary judgment that had been granted in favor of our client, an electric utility, and ruled that the utility did not owe a duty of care to the Plaintiff as it could not reasonably be anticipated that an intoxicated driver would veer off the roadway and strike the utility's pole.

May 2007	Barbara Drury, Jennifer Greaney, Alex Klibaner, Elizabeth Koenig and Amber Villa recognized as "Rising Stars" placing them among the top 2.5% of lawyers under the age of 40 in the "Massachusetts Super Lawyers" poll appearing in Boston Magazine.

May 2007	Kurt Kusiak testified before the Joint Revenue Committee of the Massachusetts House and Senate on a bill which would allow cities and towns to exempt senior citizens on limited, fixed incomes from Proposition 2 1/2 overrides.

May 2007	Alex Klibaner and Robert Mendillo won a jury trial for our client, whose insurance had been insufficient to cover a large loss sustained when his commercial building was destroyed by fire. The jury returned a verdict against our client's insurance broker for negligence and negligent misrepresentation.

April 2007	Representing clients who were defrauded in the purchase of a home, Jonathan Fitch and John Miller obtained a jury verdict on multiple counts. The jury found the lawyer who represented our client in the purchase of the home liable for legal malpractice and that the lawyer and the law firm representing the seller had committed fraud. The judge later entered a finding that both the real estate broker and the seller's lawyers had also violated the Consumer Protection Act, Mass. Gen. Laws Chapter 93A. Our clients were awarded double damages and their attorneys fees.

April 2007	Jonathan Fitch won a trial in the Land Court for the owner of valuable undeveloped land near the Dionis Beach on Nantucket. Over the objection of a neighbor, the Court found that the Nantucket Zoning Board of Appeal did not err in finding the premises entitled to grand-fathered status and therefore suitable for the construction of a single family home.

March 2007	Alex Klibaner moderated a program at the Boston Bar Association entitled Taking Advantage of Pre-Litigation Opportunities: Drafting and Responding to Demand Letters.

January 2007	Kurt Kusiak to appear as a panelist at the annual Business Litigation Conference of Massachusetts Continuing Legal Education in Boston.

December 2006	Jonathan Fitch and Elizabeth Koenig won summary judgment in the Land Court for Nantucket in a case in which the firm’s client had been denied a building permit on the basis of erroneous interpretations of the local zoning by-law and applicable state statute. The Court agreed that by virtue of the derelict fee statute, the client owned to the midline of the abutting private way and that a water well located under the private way satisfied the building permit requirement of demonstrating an availability of water on the property. The Court ordered that a building permit be issued to the firm’s client.

December 2006	Peter Ball to appear as a panelist at the annual Deposition Practice Conference of Massachusetts Continuing Legal Education in Boston.

December 2006	The Massachusetts Supreme Judicial Court has appointed our partner, James B. Re, to be a Member of the Court's Standing Advisory Committee on the Rules of Professional Conduct. Mr. Re commences membership on the Advisory Committee as he concludes his four-year term as a Member (Vice Chair in his final year) of the Massachusetts Board of Bar Overseers of the Supreme Judicial Court from January 1, 2003 through December 31, 2006. The Board of Bar Overseers is a 12-member board appointed by the Supreme Judicial Court to review allegations of misconduct lodged against lawyers.

November 2006	Stephen Reilly's comments on the efforts of banks to combat check fraud appear in the Boston Business Journal.

November 2006	Nine lawyers of Sally & Fitch LLP, including all of the firm's partners, named "Massachusetts Super Lawyers," by a poll appearing in Boston Magazine. The annual award recognizes the top 5% of the lawyers in Massachusetts.

November 2006	Peter Ball appointed to Criminal Law Curriculum Advisory Committee of Massachusetts Continuing Legal Education.

October 2006	Jonathan Fitch and John Miller win a trial in the Land Court for Nantucket awarding the firm's client specific performance of an agreement for the purchase and sale of an historic residence. The Court found that the Seller had not used "reasonable efforts" to remove a federal tax lien and ordered the property conveyed to our client free from the lien.

October 2006	In a divorce trial involving the interpretation and enforceability of an ante-nuptial agreement, where substantial assets were at stake, Jonathan Fitch obtains a highly favorable judgment for the firm's client.

September 2006	Alex Klibaner is appointed to the Steering Committee of the Labor & Employment Section of the Boston Bar Association. Concerned with all aspects of the employer-employee relationship, the Labor and Employment Law Section organizes educational programs, hosts socializing events, and publishes a newsletter for practitioners in the field.

September 2006	Jonathan W. Fitch and Jennifer E. Greaney win appeal, and defeat an attempt for a rehearing, successfully defending judgment entered after trial, in a case involving complex issues concerning estoppel by deed, equitable estoppel, a distinction between warranty deeds and quitclaim deeds, and adverse possession. Conte v. Marine Lumber Co., Inc., 66 Mass. App. Ct. 505 (2006), Rev. Denied, 447 Mass. 1109 (Sept. 11, 2006).

May 2006	Sally & Fitch LLP opens new offices at One Beacon Street, Boston, Massachusetts.

May 2006	Jennifer Greaney and Alex Klibaner selected as 2006 “Rising Stars” placing them among the top 2.5% of lawyers under the age of 40, in the “Super Lawyers” poll appearing in the May 2006 issue of Boston Magazine.

February 2006	William A. McCormack, a Fellow of the American College of Trial Lawyers and professor of trial practice at Boston College Law School, joins Sally & Fitch LLP as counsel.

January 2006	On January 1, 2006, the Massachusetts Supreme Judicial Court appointed our partner, James B. Re, to be Vice Chair of the Massachusetts Board of Bar Overseers of the Supreme Judicial Court. The Board of Bar Overseers is a 12-member board appointed by the Supreme Judicial Court to review allegations of misconduct lodged against lawyers. The Court first appointed Jim to the Board in December 2002 to serve a four-year term, commencing January 1, 2003.

January 2006	Kurt Kusiak is a faculty panelist for the MCLE's annual Business Litigation program.

December 2005	Peter Ball is an MCLE faculty panelist on a program regarding the taking of depositions.

November 2005	Eight lawyers of Sally & Fitch LLP, including all of the firms partners, named "Massachusetts Super Lawyers" in Boston magazine, an honor awarded to the top 5% of the lawyers in Massachusetts.

June 2005	In an important probate law case, the Massachusetts Supreme Judicial Court upheld as constitutional an 1876 statute that governs the interpretation of certain trusts and wills. Peter Ball and Alex Klibaner served as lead counsel for the Trustees and led the defense of the statute against constitutional attack. Although the statute in question, M.G.L. c. 210, Section 8 (1876), has spawned considerable litigation, never before has the statute’s constitutionality been definitively ruled upon by the Massachusetts courts. Peter Ball and Alex Klibaner See Watson et ano., Trustees v. Baker, No. SJC-09347 (June 20, 2005).

May 2005	Associates Heather Baer, Jennifer E. Greaney, and Alexander Klibaner cited as “Rising Stars,” placing them among the top 2.5% of lawyers under the age of 40, in the “Super Lawyers” poll appearing in the May 2005 issue of Boston Magazine.

May 2005	Jonathan W. Fitch and John Miller obtain dismissal of a contract action brought by a former fiduciary against our clients.

April 2005	Andrea Peraner-Sweet obtains dismissal of a breach of warranty claim made against Boston Edison on the grounds that the provision of electricity is not a product.

January 2005	James B. Re teaches in the Harvard Law School Winter Trial Advocacy Workshop as he has for many years.

January 2005	Kurt S. Kusiak is an MCLE faculty panelist for the Annual Business Litigation program.

November 2004	Kevin R. Connelly, Jonathan W. Fitch, Kurt S. Kusiak, Andrea-Peraner-Sweet, James B. Re, and Stephen C. Reilly recognized as “Super Lawyers” in a poll appearing in the November 2004 issue of Boston Magazine.

October 2004	20^th Anniversary of the founding of Sally & Fitch LLP.

October 2004	Stephen C. Reilly is an MCLE faculty panelist for the Annual Massachusetts Discovery Practice program.

August 2004	Jonathan W. Fitch wins trial for defendant in case involving claim to title of valuable undeveloped property on Nantucket.

August 2004	Jonathan W. Fitch, representing a large corporate employer, obtains a preliminary injunction enforcing a non-compete and confidentiality agreement against a former executive of a company recently acquired by the client.

June 2004	Jonathan W. Fitch obtains summary judgment in a complex matter establishing client’s right to develop valuable land on Nantucket.

February 2004	First Circuit Court of Appeals affirms summary judgment obtained by Jonathan W. Fitch for employer and rejects employee’s claims for wrongful termination based on sex, national origin and disability discrimination.

October 2003	Stephen C. Reilly is an MCLE faculty panelist for the Annual Massachusetts Discovery Practice program.

June 2003	Francis J. Sally elected to term as President of the Boston Inn of Court.

June 2003	Supreme Court of the United States capped our successful representation of a doctor accused of negligence in a wrongful death case by letting stand the decision in our client’s favor by the United States Court of Appeals for the First Circuit. Jim Re led the Sally & Fitch LLP team that presented the case in briefs and oral argument to the Court of Appeals, and in a lengthy brief to the Supreme Court.

March 2003	Kevin R. Connelly, (while at prior firm), co-chairs the MCLE 2003 MCLE Child Support and Alimony Seminar.

January 2003	James B. Re appointed to four year term as Member of the Massachusetts Board of Bar Overseers.

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