Litigation

Alternative Dispute Resolution can help parties resolve legal disputes without resort to the courts. It is quicker and less expensive, but sometimes a courtroom is the only place to bring the dispute to a conclusion. Joe has litigated more than 100 cases, both jury and non-jury, from the initial complaint to final judgment. He is equally at home in both state and federal courts. He understands that a trial lawyer must master the facts of the case as well as the law and then present them understandably, succinctly, and persuasively.

Here are some of the cases Joe has handled.

• He is currently representing a senior University System of New Hampshire administrator who has participated in the University’s retirement plan. The issue is whether USNH has met its obligation to make “matching” contributions on behalf of employees who participate in the USNH retirement plan. The case is pending in Cheshire Superior Court.
• He represented the plaintiff against a large retail store. After a five-day trial, the Cheshire County jury found in favor of the store.
• In 2022 he represented the defendants in a family dispute involving their fiduciary responsibilities. After a lengthy evidentiary hearing, the Sullivan County Probate Court found in favor of Joe’s clients. The case then settled entirely in their favor.
• In 2021 he was co-counsel for the wife of a well-known author in a post-divorce Rockingham County lawsuit. After several hearings and mediation, the parties settled the case.
• He represented former residents of a senior residential facility in an action alleging breach of the residency agreement (failure to return 90% of their deposit). The Cheshire County judge issued a preliminary injunction in favor of his clients. Thereafter, the facility entered bankruptcy under Chapter 11. Those proceedings provided for full payment to Joe’s clients and others similarly situated.
• Joe represented a company in multi-party litigation in Grafton County in a case arising out of the assignment of a commercial lease and the sale of a business. Following extensive discovery, the case was settled on favorable terms.
• In 2019 Joe concluded a lengthy representation of several family members in Hampden County (MA) Superior Court. The case involved the distribution of a large estate, and with a fall trial scheduled the case was settled favorably at mediation.
• Joe represented the Massachusetts Bay Transportation Authority in a high-profile case in which an organization claimed that the MBTA’s rejection of its ads dealing with the Israel-Palestinian conflict was unconstitutional. The federal district court and First Circuit Court of Appeals ruled in favor of Joe’s client, and the Supreme Court declined to review the case.
• He represented the three founding members of a financial services firm in an arbitration dealing with the sale of their partnership interests. The case involved complex accounting and contract interpretation issues. The case concluded with Joe’s clients receiving full payment for their shares.
• He represented a major league baseball player in a federal case in Florida under the Alien Tort Claims Act. He defended the same client in a Massachusetts action brought by a former agent seeking to recover several million dollars. The Superior Court granted summary judgment in favor of Joe’s client, and the Appeals Court affirmed.
• He represented a major Boston law firm in connection with an internal dispute involving one of its partners.
• A large New England university engaged Joe to conduct an internal investigation of one of the school’s academic departments. He interviewed faculty members, met with senior administrative officials, and submitted a detailed report. As a result, the university restructured the department.
• He was lead counsel in the New Hampshire “Impeachment Case,” serving as special counsel to the state legislature’s judiciary committee. He conducted an investigation into the conduct of three members of the state supreme court and then served as prosecutor in the impeachment trial of the Chief Justice.
• He represented a New Hampshire newspaper in a case involving the New Hampshire “Right to Know” law, prevailing in both the superior court and on appeal. The Supreme Court’s decision adopted procedures that simplify public access to government documents in New Hampshire.
• He represented the plaintiff in a breach of contract and deceptive practices case against a Boston law firm. A Suffolk County jury found in favor of Joe’s client, and the verdict was affirmed on appeal. Joe’s client recovered in excess of $2.4 million, including recovery of all attorneys’ fees.
• From 2003 to 2010, he served as lead counsel in a lawsuit against two Insurance Commissioners in Puerto Rico. The case included constitutional, defamation, civil rights, and claims under Puerto Rico law. Following a three week trial, the jury returned a multi-million dollar verdict in favor of Joe’s clients on all counts. The First Circuit Court of Appeals upheld that verdict.
• Joe represented the University of Puerto Rico in a political discrimination case brought by the Chancellor of its Mayaguez campus. At the conclusion of lengthy discovery, he persuaded the Puerto Rico federal court to dismiss the case.
• He represented Puerto Rico Governor Pedro Rosselló in a case brought against him by the largest newspaper in San Juan. He was also one of Governor Rosselló’s lawyers in litigation over ballots cast in the 2004 election.
• He has been retained several times as an expert witness, submitting expert reports and testifying in court.