McDermot v. Nagle et al 80 Mass.App.Ct 1112
Oct 26, 2011OUTCOME: Appeals Court affirmed Land Court victory
Neighbor-Defendants appealed Land Court's Decision, particularly as to ownership of land covered by right of way
Amesbury, MA
Lawsuits and disputes Lawyer at Amesbury, MA
Practice Areas: Lawsuits & Disputes, Employment & Labor ... +3 more
OUTCOME: Appeals Court affirmed Land Court victory
Neighbor-Defendants appealed Land Court's Decision, particularly as to ownership of land covered by right of way
OUTCOME: Successful on Motion for Summary Judgment (Count I) that proper interpretation of deeds entitled client to use right-of-way, by law. After trial Judge found client established sufficient evidence of easement by prescription (Count II)
Neighbors claimed client had no legal right to access lake over right-of-way
OUTCOME: Jury verdict for client for all monetary relief requested with costs and interest
Represented home buyer in jury trial versus builder as to overcharges on construction contract. Had obtained real estate attachment to satisfy judgment.
OUTCOME: successful on appeal to the NH Supreme Court on issues of whether statutory monetary / counsel fee remedies are mandatory; lower court on remand awarded legal fees, costs, and double damages pursuant to NH Consumer Protection Act.
Represented Carter, tenant in landlord-tenant consolidated cases [v. Mayor of Rochester, NH] re various violations of landlord-tenant laws
OUTCOME: Obtained federal court orders freezing the assets transferred; obtained comprehensive decision in client's favor on several cross-motions for summary judgment; and procured favorable settlement for client damages and attorney fees
Client was promised payment of nearly $70,000 in medical benefits for kidney transplant; employee health fund terminated, transferred assets to another Teamster fund, who disclaimed any obligation for ... liabilities.
OUTCOME: Plaintiff's (client's) verdict for all legal and equitable relief requested; Appeals Court affirmed, $68,000+, w/ interest
Police officer's suit for duty-injury benefits (approximately $32,000) denied by City; trial involved "dueling" medical experts
OUTCOME: US Appeals Ct vacated client's $345,000 jury verdict in controversial decision. In 1996 the Mass Supreme Judicial Court in O'Brien v. New England Tel., 422 Mass. 686, indicated that our interpretation of Massachusetts law in the Pearson case was correct
Client sued employer for wrongful termination based on implied covenants arising from employee handbook / manual and history of employer conduct. Researched and drafted appellee's brief, as co-counsel ... .