Employment Law & Personal Injury – Trial Verdicts and Settlements

We have achieved positive results at trial and in personal injury settlements for many clients, including the following examples:

Death Cases and Catastrophic Injury Cases

• An $11.5 million settlement for a paralyzed man (truck driver) who had cargo dropped on him at a well-known retail store while he was making a delivery.
• A $2.1 million settlement for estate of a man who drowned after being overserved by a restaurant/bar in Boston.
• A $1 million settlement (insurance policy limits) for a lawyer who was severely hurt after being hit by a car while jogging.
• A $500,000 settlement (insurance policy limits) for young man killed in car crash.
• Significant settlement for young girl whose mother was killed as a pedestrian, after being struck by a car.

Car Crashes and Motor Vehicle Collisions

• $500,000 settlement for woman rear-ended in serious collision.
• $250,000 underinsured settlement for a woman who was in a multiple car pile-up and suffered concussion and seizures.
• $150,000 settlement for woman who was hit in crosswalk by driver who was not paying attention.
• At trial (against Liberty Mutual), a $95,000 verdict for woman who was rear-ended and suffered an elbow nerve injury, requiring surgery.
• At trial (against State Farm), a verdict for a woman who was struck by another car and sustained a concussion.
• A female bicyclist who was struck by a car that ran a stop sign.
• A female taxi-cab passenger who suffered head and knee injuries after being struck by another car.
• A moped rider who was “doored” by a commercial vehicle.
• A car crash that caused the victim’s miscarriage of her pregnancy.
• A young professional female who was struck by a hit-and-run drunk driver after exiting a taxi in Cambridge.
• A boating crash in which a male suffered severe pelvic injuries and nearly died.
• A young female pedestrian who was struck by an automobile that broke her nose and caused a deviated septum.
• A male pedestrian who was struck by a snowplow in a commercial parking lot.
• Many automobile crashes that caused the victims back and neck pain.
• Represented the parents of a college student killed by commuter rail train in an area near local college that was a frequent “hot spot” for students to gather.

Falls

• A man who fell out of his wheelchair and broke his leg when an ATM door got jammed and did not open properly.
• A woman who fell at a department store due to a defective chair.
• A man who fell down the stairs at the apartment he rented; handrail was broken.
• A man who slipped and fell on ice in the parking lot of his apartment complex; defendant landlord failed to properly plow and shovel after a storm.
• A woman who fell in another’s home due to a defective step.
• A man who fell after using a defective scooter
• An elderly woman who fell at local pharmacy due to dangerous stairs.
• A woman who fell during an overcrowded aerobics class.
• A prominent female physician who slipped and fell on an unnatural accumulation of ice at a commuter rail station.
• An elderly man who fell at a physical rehabilitation facility.
• A woman who broke her arm when she fell down a darkened staircase in a mall.
• An EMT who injured her ankle after falling down a darkened staircase in a three-family house.
• An elderly man who fell on a handicap ramp that lacked proper handrails.
• An elderly woman who fell on water on a train; no mats were present.

Sexual Abuse

• Multiple settlements in cases against family members, including parents, step-parents, and other relatives.
• Multiple settlements in cases against local youth organizations, schools, religious institutions, and local municipalities.

Other Injuries (Cargo; Dog Bites, Burns, Food Injuries, Children)

• At trial, successful result for woman who severely injured teeth after biting into Wendy’s hamburger with bone embedded inside.
• Significant settlement for family whose small son was lost by a school bus company and sustained significant emotional trauma as a result.
• Settlement for female college student who was bitten by a dog and sustained significant arm injuries and scarring.
• Settlement for man who sustained serious burns to his foot when scalding water came out of his car (near the gas pedal).
• Settlement for man who sustained eye and facial injuries when gas spilled on his face from a faulty gas pump.
• Settlement for man who fell from an improperly set-up ladder.
• Settlement for elderly female who was bitten by a dog on Cape Cod and sustained scarring and emotional distress.
• Settlement for police officer who sustained an injured knee.
• Multiple settlements for burn/scar cases against a Boston day spa.
• An uninsured personal injury settlement for male client with back and neck injuries.
• Settlement for male client against former therapist, who violated his confidentiality and committed ethical violations.

Other

• Case on behalf of employee fired after reporting safety violations.
• Case against larger employer which failed to provide warnings prior to a mass layoff under the WARN Act.
• Successfully represented local bicycle messenger in Attorney General investigation.

We have significant experience in employment and wage cases, and have achieved positive outcomes for our clients in cases involving:

Age Discrimination

• At trial, a $1,200,000 verdict for 64-year-old mechanic who was terminated on the basis of his age after working at the same facility for 27 years.
• Discrimination against a 63-year-old man by a local materials handling company.
• Discrimination against former UPS employee who was wrongfully terminated based on his age.
• Age discrimination against a female employee by a country club.
• Discrimination against an employee who had been working as a mental health counselor for more than 26 years, by a medical facility.
• Age discrimination against a male pharmacist.

Race/National Origin/Color Discrimination

• At trial, a $2.5 million verdict for a Black woman who was discriminated against and retaliated against by Brandeis University.
• Retaliation, disability discrimination, and national origin discrimination (African man) case against a healthcare provider.
• Sex discrimination and unpaid commissions case against financial entity.
• Discrimination against a Black man by a large engine aircraft company.
• Discrimination against a Black female by a local hospital.
• Discrimination against a Latino man by a high alloy foundry.
• Discrimination against an Asian female pharmacist.
• Discrimination against an African-American woman by a uniform company.
• Discrimination against an Asian woman by a prominent bio-pharmaceutical company.
• Discrimination against a Black man by a car dealership.
• Discrimination against a Latina woman by a local spa.
• Discrimination on the basis of national origin against a Moroccan male by a leading technology company.

Medical Condition and/or Disability Discrimination

• At trial, a $144,000 verdict (plus attorneys’ fees) for Cape Verdean female who was terminated (disability) after her maternity leave and the development of postpartum depression.
• Prevailed at Mass. Supreme Judicial Court in Barbuto, a groundbreaking medical marijuana case. 
• Settled case involving Massachusetts’ new Earned Sick Leave Law.
• Discrimination against hearing-impaired employee by insurance company.
• Medical condition discrimination of an employee by a financial services company.
• Disability discrimination case for a female manager against a bank.
• Medical condition discrimination of a dyslexic man by a technology company.
• Disability discrimination against an on-campus police officer by a local college.
• Disability discrimination case for a teacher against a Catholic school.
• Disability discrimination for several workers fired from jobs after failing drug screens (where the medicine used was marijuana for medicinal purposes).
• Disability discrimination case for a nurse against a local college.
• Disability discrimination against an employee with PTSD by a marketing company.
• Discrimination against a female employee based on her disability by a caregiving company.
• Discrimination against a truck driver based on his medical condition by a trucking and transportation company.
• Discrimination and retaliation against an employee based upon his medical condition and for taking FMLA leave, by a multinational corporation.

Gender Discrimination

• At trial, a $2.5 million verdict for a Black woman who was discriminated against and retaliated against by Brandeis University.
• Gender discrimination cases (several of them) and Mass. Equal Pay Act (MEPA) cases for long-term female employees who have been underpaid compared to their male colleagues and comparators, including at several local universities.
• Discrimination based on gender (and race) against a hospital against a young, female doctor.
• Discrimination based on gender for failure to promote against a financial services firm.  ($390,000 settlement).
• Multiple pregnancy discrimination cases, including against a bank teller by a national bank and against a local hair salon.
• Discrimination on the basis of gender against a woman who was fired from a local TV station.
• Discrimination and retaliation on the basis of sex against a woman working at a communications firm who was fired after complaining about gender mistreatment.
• Pregnancy discrimination against a domestic worker by her employer.
• “Reverse” gender discrimination of a male executive who was fired from a nail salon company.
• Pregnancy discrimination against a lawyer by a local law firm.

Religious Discrimination

• Religious discrimination case on behalf of an Iranian man.
• Discrimination against a Jewish male by a local college.
• Discrimination against a male employee of Islamic faith by an investment company.
• Discrimination against a Russian female by a local bank.

Sexual Harassment

• Sexual harassment of a female employee at a department store.
• Sexual harassment and retaliation case for a woman against her physician employer.
• Sexual harassment and retaliation for a female salesperson against leading software company.
• Sexual harassment of a teenage girl by a local fast-food restaurant.
• Sexual harassment of a young woman by a large pharmaceutical company.
• Sexual harassment complaint for male employee.

Wage & Hour Including Commissions

• At a bench trial, a verdict of $220,000 for a woman who had not been paid properly by her employer.
• Unpaid tips class action case against parking and transportation services company.
• Misclassification as independent contractor and loss of benefits by electronic tech company.
• Unpaid wages and overtime claim against local automobile repair business.
• Prevailed on offensive summary judgment in Plymouth District Court in an unpaid wage case (commissions) against a printing company.
• Overtime claims for a male painter.
• Wage and hour case against a local college for former professor.
• Independent contractor misclassification and overtime claims for a home child-care provider.
• Wage and hour case for a personal trainer.
• Unpaid commissions cases (several) against a prominent financial advisory company.
• Overtime claims for a single mother against a healthcare device company.
• Wage and hour case, including unpaid commissions, against a travel agency.
• Overtime claims for a non-English speaking male who works in a flooring/tile warehouse.
• Several class actions for waiters and bartenders under the “Tips” statute against wedding facilities and banquet halls.
• Unpaid overtime and unpaid wages case for an employee against a property management company.
• Wage and hour case, along with a defamation claim, for a social worker against a local clinic.
• Wage and overtime pay violations for several employees in the staffing industry.
• Several other unpaid commissions case, including against a bathroom remodeling company and against a local biotech company.
• Unpaid wages and overtime, and violations of the Domestic Workers’ Bill of Rights against the employers of the domestic worker.

Wrongful Termination

• Superior Court victory affirming arbitration award for former Boston Public School principal who was fired without good cause.
• Wrongful termination case for a midwife against a local hospital.
• Helped to get job back for female employee improperly terminated by a hotel chain.
• Wrongful termination in violation of public policy case for a man fired after he complained of illegal activity within the company.

Retaliation

• OSHA workplace safety violations and retaliation case against private high school.
• Workers’ compensation retaliation case for a male janitor.
• Retaliation case for male employee who was fired after returning from FMLA leave.
• Retaliation for police officer who reported internal wrongdoing.

Employment Contracts and Other Agreements

• Settlement of $500,000 for male executive who was terminated per a contract (issue was whether good cause existed).
• At trial in Worcester Superior Court, positive settlement achieved after Day 2 of trial, for breach of a landscaping employment contract
• Negotiated countless severance agreements for employees who have been terminated.
• Negotiated settlements involving non-compete agreements, non-disclosure provisions, and confidentiality agreements, and advise clients with respect to these types of restrictive covenants.

Significant experience in defamation/libel and First Amendment law, such as cases involving:

• A male employee defamed by his employer when they terminated him.
• An African-American man defamed by a local TV channel.
• Obtained summary judgment for college journalist charged with defamation by controversial community college professor.
• Represented a well-known local lawyer against a newspaper that had printed misleading articles.
• Represented a judge who had been defamed by a local radio station.
• Defamation case against a construction company.
• Defamation case against a local municipality.

Significant business litigation successes, including at trial, involving Class Actions, commercial cases, and Chapter 93A:

• Prevailed at week-long jury trial in Essex Superior Court, representing landlords against Lynn real estate company. Received six-figure verdict for claims including negligence, emotional distress, contract, misrepresentation, and Chapter 93A.
• Prevailed at summary judgment in federal court class action against large apartment complex (Equity Residential) for multiple violations of Mass. security deposit statute.
• Prevailed at summary judgment in federal court class action against large apartment complex (Archstone) for violations of Massachusetts security deposit statute. Click here to watch video
• Significant legal malpractice case against divorce attorney.
• Homeowners’ suit against a cable company for forgery and switching services without permission.
• Several well-publicized amenity fee/cleaning fee class action cases against local apartment complexes.
• Breach of contract claim for an individual male against the Kingdom of Saudi Arabia; case filed in federal court, Boston.
• Breach of contract case for administrator against a local college.
• At arbitration, obtained victory for clients (pizza shop owners) in financial dispute with former partners.
• At trial, obtained defense verdict for a car dealership in 93A case.
• Represented Vietnamese business owners in Chinatown against landlord in property damage and 93A case.
• Obtained victory in motion to dismiss on behalf of law firm wrongfully alleged to have withheld evidence in a prior lawsuit.
• Worked on and helped settle case for successful lawyer in fall-out with his partners at a prominent Boston law firm.

Pro-bono and assistance on court appointed cases:

• Case for inmate against Department of Correction and medical provider concerning the provision of appropriate dental services.
• Represented inmate on habeas corpus petition.