Tom Day is an experienced trial attorney who has extensive experience representing both plaintiffs and defendants in a wide variety of civil litigation matters, including the following areas:
Tom is admitted to practice in the state courts of both Massachusetts and Connecticut, as well as the United States District Courts for the Districts of Massachusetts and Connecticut, and the United States Court of Appeals for the First Circuit. He has tried cases to verdict in the United States District Court for the District of Massachusetts, the Massachusetts Superior, District, and Housing Courts and the Connecticut Superior Court. He has also represented clients in the United States Court of Appeals for the First Circuit and the Massachusetts Commission Against Discrimination. He has extensive mediation and arbitration experience.
Tom has served as a Special Assistant Attorney General for the Commonwealth of Massachusetts since January of 2010. He is a member of the Hampden County Bar Association and the Federal Bar Association, Massachusetts Chapter. A list of cases in which Tom has been involved, which resulted in reported and unreported decisions, is provided below.
Reported Decisions
Massachusetts Supreme Judicial Court
United States District Court for the District of Massachusetts
Unreported Decisions
Personal, Educational, and Professional Background
A native of Ludlow, Massachusetts, Tom is a 1989 graduate of Cathedral High School in Springfield, and a 1993 graduate of Connecticut College, New London, Connecticut. He spent his junior year of college at University College, Galway in Ireland. He is a 2002 graduate of Notre Dame Law School, South Bend, Indiana, where he met his wife, Kate. Kate is a native of Tampa, Florida and also an attorney with Egan, Flanagan and Cohen.
In the six years between college and law school, Tom worked, for seven months, as a bartender at the Eagle Public House, in the Camden Town section of London, England and then lived and worked in the Washington, D.C. area for the next five years. While in the D.C. area, Tom first worked as a reporter and researcher for State Tax Notes magazine, and then as a researcher for a national political campaign committee, focusing on the 1996 United States Senate races. Over his final two and a half years in D.C., Tom served as the Administrative Director of the United States Senate Steering Committee, a non-partisan caucus of United States Senators.
Since graduating law school, Tom practiced for three years as an associate at Doherty, Wallace, Pillsbury & Murphy, in Springfield, practicing general civil litigation. He then practiced for two years as an associate at Pepe & Hazard in Hartford, Connecticut, practicing almost exclusively in the field of construction litigation. Finally, Tom joined Egan, Flanagan and Cohen as an associate in 2007. He was made a partner in 2012 and now serves as a member of the firm's Executive Committee.
A native of Ludlow, Massachusetts, Tom and Kate have made West Springfield their home since 2004. Since 2008, Tom has served on the Planning and Construction Committee for the Town of West Springfield and has served as its Chairman since 2013, working with four different Mayors over his tenure on the committee. In this role, Tom and the rest of the committee have overseen numerous major construction projects for the Town, including serving as the building committee for the construction of a new, $107 million West Springfield High School and a new, $16 million West Springfield Public Library. As a result, Tom has extensive experience in all aspects of major, public construction projects from the designer selection and feasibility study phase, through the design and construction phases, to final completion and project close-out. This experience has complemented Tom's extensive construction litigation experience. Previous to this appointment, Tom also served for several years on the Town's Conservation Commission.
Tom has served as the Chairman of the St. Thomas More Society for the Diocese of Springfield, Massachusetts since January of 2013. This organization of Catholic lawyers and jurists organizes the Annual Red Mass for the Diocese of Springfield. The Red Mass is an annual tradition in the legal community that dates back to thirteenth century France. Each year, the St. Thomas More Society honors distinguished judges, lawyers and those involved in the administration of justice by awarding the St. Thomas More Medal at this event, hosted by the Bishop at St. Michael's Cathedral in Springfield. The Society also annually awards scholarships to area college students and hosts symposia on topics relevant to Catholicism and the law.
Tom is married with four, school-aged children. Each year, Tom coaches youth soccer for the West Springfield Park and Recreation Department and basketball for the CYO program at St. Thomas Parish in West Springfield. Tom also serves St. Thomas as a member of the organizing committee for the annual golf tournament supporting St. Thomas the Apostle School.
Tom is an active member of the Rotary Club of West Springfield and the Knights of Columbus, Unity Council, also based in West Springfield.
Practice areas
Atty. Day has handled scores of cases involving automobile accidents, including extensive experience on both the plaintiff and defense side. Atty. Day has arbitrated and mediated numerous automobile accident cases and is highly experienced in the auto accident litigation field.
20 years
Atty. Day has defended numerous cases involving claimed violations of the United States Constitution brought under Sec. 1983. Atty. Day has achieved dismissal or summary judgment on behalf of his client on many occasions, and has successfuly opposed an application for a writ of habeas corpus.
15 years
Atty. Day has maintained an active construction litigation practice throughout his career, including mediation, arbitration and trial work. Atty. Day practiced construction litigation in Hartford, CT for two years and has construction experience in Massachusetts as well. Atty. Day has extensive experience with Massachusetts mechanic's liens. He is a member of his town's Planning and Construction Committee.
20 years
Atty. Day has both prosecuted and defended medical malpractice cases, including obtaining a defense verdict on a wrongful death case after a two-week jury trial in federal court. Atty. Day's experience and expertise extends to all aspects of the medical malpractice case, from investigation, through discovery, the hiring and preparation of experts and expert reports, to the preparation and trial of the case.
15 years
Atty. Day's full-time litigation practice includes handling arbitration cases, whether the arbitration be by agreement or through a mnadatory arbitration provision. Atty. Day has arbitrated several cases involving mandatory arbitration provisions in the context of an underinsured motorist provision in an insurance contract. Atty. Day's extensive construction litigation experience also includes many cases involving construction arbitration.
20 years
Atty. Day has been involved in several cases involving traumatic brain injuries. His experience includes the delicate task of deposing brain injured plaintiffs and working with brain injury experts in preparing a case.
15 years
Atty. Day has extensive experience in commercial debt collection, including swiftly obtaining security through ex parte bank account and real estate attachments, relief from bankruptcy stays, supplementary process and enforcement of judgments.
20 years
Atty. Day has both prosecuted and defended cases involving claims of product liability, including cases involving hazardous materials and allegedly defective machinery resulting in traumatic brain injury.
15 years
Atty. Day has handled numerous cases involving insurance fraud, including fraudulent injury claims and fraudulent disability claims. Atty. Day is very experienced in deposition techniques for a fraudulent deponent and the use of online tools and investigators in uncovering and documenting fraud. Atty. Day's attention to detail and detailed case preparation has led to several favorable results against fraudulent claims.
20 years
Atty. Day has represented landlords and tenants in numerous cases in the Massachusetts Housing Court and the Massachusetts District Court, including both the prosecution and defense of commercial and residential evictions.
20 years
Atty. Day has prosecuted lawsuits in Massachusetts state and federal courts and Connecticut state court involving wrongful death, medical malpractice, construction disputes and landlord/tenant matters. Atty. Day's full-time litigation practice also includes insurance defense, personal injury, traumatic brain injury cases. Atty. Daypractices in both state and federal courts in Massachusetts and Connecticut. Atty. Day has also resolved disputes for clients through mediation and arbitration.
20 years
Atty. Day has tried cases in Massachusetts state and federal courts and Connecticut state court involving wrongful death, medical malpractice, construction disputes and landlord/tenant matters. Atty. Day's full-time litigation practice also includes insurance defense, personal injury, traumatic brain injury cases. Atty. Day is admitted to practice in in both the state and federal courts in both Massachusetts and Connecticut.
20 years
Atty. Day has mediated numerous cases, including construction disputes, employment and contract disputes, and personal injury matters. Atty. Day's broad experience with numerous mediators, his mastery of the mediation process, from the Mediation Overview, through the presentation to the mediator and opponents at mediation, to the negotiation strategy, has resulted in very favorable results for many of Atty. Day's clients.
20 years
Atty. Day is highly experienced in both the prosecution and defense of personal injury actions, including traumatic brain injury, wrongful death, workplace injury and automobile accident cases. Atty. Day has obtained very favorable results for his clients at trial, at arbitration and at mediation.
20 years
Atty. Day is experienced in both the prosectuion and defense of slip/trip and fall cases. He understands the potential pitfalls of such case, including the open and obvious danger doctrine, the skillful use of expert testimony, and the relevance and importance of code violations in a particular case. Atty. Day has obtained very favorable results for both plaintiffs and defendants both in court and at mediation.
20 years
Atty. Day has extensive experience with wrongful death cases, including obtaining a defense verdict on a wrongful death case after a two-week jury trial in federal court. Atty. Day's experience and expertise extends to all aspects of the wrongful death case, from investigation, through discovery, the hiring and preparation of experts and expert reports, to the preparation and trial of the case.
15 years
Languages spoken
English
State | Status | Acquired | Updated |
---|---|---|---|
CT | Active | 2003 | 07/16/2022 |
MA | Active | 2002 | 05/30/2022 |
Legal answers | 0 |
Legal guides | 0 |
Award name | Grantor | Date Granted |
---|---|---|
Krupnik Award for Excellence in Trial Advocacy | Notre Dame Law School | 2002 |
Title | Company name | Duration |
---|---|---|
Partner | Egan, Flanagan & Cohen, P.C. | 2007 - Present |
Associate | Pepe & Hazard, LLP | 2005 - 2007 |
Associate | Doherty, Wallace, Pillsbury & Murphy, P.C. | 2002 - 2005 |
Summer Associate | Doherty, Wallace, Pillsbury & Murphy, P.C. | 2000 - 2001 |
Senate Staff | United States Senate | 1997 - 1999 |
Association name | Position name | Duration |
---|---|---|
Hartford County Bar Association | Member | N/A |
Connecticut Bar Association | Member | N/A |
Massachusetts Bar Association | Member | N/A |
American Bar Association | Member | N/A |
Hampden County Bar Association, New Lawyers' Section | Secretary | 2005 - 2006 |
Hampden County Bar Association, New Lawyers' Section | Treasurer | 2004 - 2005 |
School name | Degree | Graduated |
---|---|---|
Notre Dame Law School | JD - Juris Doctor | 2002 |
Connecticut College | BA - Bachelor of Arts | 1993 |
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