Thomas E. Day

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:

• Medical Malpractice
• Employment Discrimination
• Personal Injury
• Wrongful Death
• Products Liability
• Commercial Collections
• Construction Litigation
• Landlord/Tenant
• Zoning Disputes and Litigation

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

• Commonwealth v. Donohue, 452 Mass. 256, 892 N.E.2d 718, 2008 Mass. LEXIS 623 (Mass. 2008) (co-drafted Amicus Brief in favor of defendant on behalf of Massachusetts Sheriffs);

United States District Court for the District of Massachusetts

• Brush v. Jiminy Peak Mt. Resort, Inc., 626 F. Supp. 2d 139, 2009 U.S. Dist. LEXIS 52204 (D. Mass. 2009) (co-drafted Motion for Summary Judgment);
• Kogut v. Ashe, 602 F. Supp. 2d 251, 2009 U.S. Dist. LEXIS 20232 (D. Mass. 2009) (drafted opposition to petition for writ of habeas corpus);
• Hernandez v. Ashe, 745 F. Supp. 2d 15, 2010 U.S. Dist. LEXIS 109017 (D. Mass. 2010) (opinion of District Judge) (drafted Motion for Summary Judgment);
• Hernandez v. Ashe, 745 F. Supp. 2d 15, 2010 U.S. Dist. LEXIS 112765 (D. Mass. 2010) (report and recommendation of Magistrate Judge in above case) (drafted Motion for Summary Judgment);
• Terbush v. Massachusetts, 987 F. Supp. 2d 109, 2013 U.S. Dist. LEXIS 176673, 2013 WL 6627917 (D. Mass. 2013) (drafted and argued Motion for Summary Judgment);
• Baggett v. Ashe, 41 F. Supp. 3d 113, 2014 U.S. Dist. LEXIS 118902 (D. Mass. 2014) (drafted and argued Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgment in this class action civil rights case).

Unreported Decisions

• Initial Realty Co. v. Herman, 2010 U.S. Dist. LEXIS 28504, 2010 WL 1223618 (D. Mass. Mar. 25, 2010) (represented plaintiffs);
• Caraballo v. Ashe, 2010 U.S. Dist. LEXIS 36342 (D. Mass. Apr. 13, 2010) (drafted Motion for Summary Judgment);
• Cecil Brace v. Massachusetts, 2012 U.S. Dist. LEXIS 275, 2012 WL 13366 (D. Mass. Jan. 3, 2012) (co-drafted partially successful Motion for Summary Judgment and represented defendants at subsequent trial on remaining issues, resulting in defense verdict);
• Joslin v. Hampshire County House of Corr., 2013 U.S. Dist. LEXIS 74228, 2013 WL 2247499 (D. Mass. Feb. 28, 2013) (drafted and argued motion for summary judgment);
• Baggett v. Ashe, 2013 U.S. Dist. LEXIS 73202, 2013 WL 2302102 (D. Mass. May 23, 2013) (drafted and argued opposition to Motion for Class Certification).

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.