Kevin C Cain

My practice focuses on general civil litigation.  I have represented Fortune 500 companies, private companies of all sizes, large insurance companies, and major Massachusetts law firms in a wide variety of litigation matters.  Over the years I have gained a broad base of experience representing various professionals, businesses, and individuals. 

I have been involved in numerous types of business litigation, including but not limited to, shareholder disputes, business torts, contract disputes, and employment matters.  I have litigated intellectual property matters including the enforcement of trademarks, protection of trade secrets, and patent infringement claims.  I am a registered patent attorney. 

In the area of professional liability, I have defended law firms and individual lawyers, including significant experience defending specialized practitioners such as patent lawyers.  I have also defended real estate brokers, securities brokers, registered investment advisors, insurance brokers, architects, engineers and psychologists. 

I also incorporate my experience as a licensed private pilot in the representation of aircraft owners and pilots in Federal Aviation Administration Enforcement actions.  I am an active member of the Aircraft Owners and Pilots Association panel counsel.  I have represented aircraft owners, fixed base operators, repair facilities, pilots, flight instructors and aviation insurers in numerous civil cases.  I currently act as New England regional counsel to British Airways and Alitalia Airlines for the defense of civil actions filed against the airlines in the New England region.

In addition to the above, I also enjoy a challenging insurance defense practice in the defense of insurers and their insureds in a myriad of general liability, environmental, and toxic tort cases including extensive experience in the defense of personal injury and property damage cases.  I have had the pleasure of representing retailers, distributors, and product manufacturers in a number of cases alleging breach of warranty and negligent design and manufacture. 

I have tried high exposure cases to verdict in state and federal court in Massachusetts and Rhode Island and in federal court in the state New York.  I have also litigated in state courts in Ohio, New Hampshire, and Maine.  Representative cases include:

Brian K. Crum v. Ford Motor Credit Company et al (Providence Superior Court C.A. No. 99-4617) (successful trial to verdict representing Ford Motor Credit Company in catastrophic personal injury case with multi-million dollar exposure prosecuted under the now repealed vicarious liability laws of Rhode Island which imposed potentially unlimited liability on Ford Credit).

Reliant Airlines, Inc. et al v. County of Broome (United States District Court for the Northern District of New York C.A. No. 90-CV-537) (Successful prosecution of claims asserted by Reliant Airlines to recover seven figure judgment for property damage to Falcon 20 aircraft destroyed in runway overrun due to untreated ice on runway and incorrectly reported braking action advisories).

Play Time, Inc. v. LDDS Communications, Inc. and Michael Eisemann (United States District Court for the District of Massachusetts C.A. No. 96-2066) (Successful trial to verdict representing individual who retained ownership rights to unique and commercially valuable 800 telephone number). 

Richard Williams v. Richard Bihrle et al (Dukes County Superior Court C.A. Nos. 94-0081 cons. 95-0003) (Successful trial to verdict of equipment retailer in product liability case involving a chainsaw sold by client to plaintiff who severed his arm while using the product).

John Weld, Jr. et al v. CVS Pharmacy et al (Suffolk Superior Court C.A. No. 98-0897) (Successful defense of Adheris, Inc. f/k/a Elensys Care Services, Inc. in consumer class action alleging violation of state consumer protection laws and privacy statute as a result of the alleged unauthorized exchange of customers’ confidential medical data and demographic information maintained by CVS Pharmacy, Inc.)

Fieldturf  USA, Inc. et al v. David W. White and Son, Inc. (United States District Court for the District of Massachusetts 08 CA 11214 MLW) (Obtained voluntary dismissal after filing early summary judgment motion in Patent Infringement case wherein plaintiff alleged defendant made an offer to sell plaintiff’s patented synthetic turf which conformed to the specifications in public bidding documents). 

William White et al v. R.M. Packer Company, Inc. (United States District Court for the District of Massachusetts 07-CV-11601 RWZ) (Obtained summary judgment dismissing antitrust claims asserting price fixing in the sale of retail gasoline on Martha’s Vineyard.  Also obtained summary judgment on claims asserting price gouging under Massachusetts regulatory law).