Attorney Joanne D'Alcomo's Legal Cases

Insurance

Insurance company refusing to cover corporate policyholder

Mar 03, 2015

OUTCOME: Achieved settlement with insurance company that provided payment of client's huge litigation defense costs as well as settlement of underlying lawsuit, and helped business client avoid financial disaster

Client corporation was sued by plaintiff business which claimed substantial lost income. Client's insurance company, however, refused to pay defense costs in the intensive litigation -- and the defens ... e costs were so large that they were creating chaos with client's finances.

Litigation

Will contest based on undue influence

Feb 24, 2014

OUTCOME: Negotiated settlement that resulted in client receiving the full benefit of the earlier will as well as payment of attorneys' fees

The client was the nephew of a wealthy Florida woman with whom he was close over the years. He discovered after her death that her will had been radically changed in favor of a personal assistant, and ... that the assistant and the assistant's family had received large sums in later years, as his aunt had become older and infirm. Heavily investigated the circumstances for the client and developed strategy for pursuing a legal claim challenging the will based on evidence that the change in the will was the result of undue influence by the personal assistant and her family.

Litigation

Breach of royalty contract

Jun 05, 2008

OUTCOME: Succeeded in proving defendant breached a contract to pay royalties and owed significant damages to client; successfully protected the judgment for the client on appeal

Publicly traded medical device company refused to pay royalties to consultant who had written contract and who had helped design medical devices. Won summary judgment on behalf of plaintiff client esta ... blishing that medical device company breached the contract, entitling the client to significant damages. Successfully tried case before jury to prove damages for client and succeeded in having the judgment upheld on appeal, despite challenge by the company. Jasty v. Wright Medical Technology, Inc., 2006 WL 961456 (D. Mass. April 6, 2006) and 2007 WL 1031653 (D. Mass. March 31, 2007), aff'd on appeal, 528 F.3d 28 (1st Cir. 2008)

Litigation

Wage Act case for high-earning salesperson

Aug 20, 2007

OUTCOME: Jury verdict in favor of client upheld; lower court decision dismissing client's Wage Act claim -- solely because he was high earner -- reversed on appeal, clearing the way for client to pursue Wage Act claim, which was then settled

Won jury trial for high-earning, commission salesperson against former employer that had retroactively reduced commissions. Successfully upheld results on appeal, and also achieved overturning dismissa ... l of state Wage Act claims that were dismissed solely because client was, in the court's opinion, a highly paid employee. . Okerman v. VA Software Corp., 69 Mass. App. Ct. 771, 871 N.E.2d 1117 (Mass .App. Ct. 2007)

Litigation

Fraudulent transfer of assets

Mar 31, 2003

OUTCOME: Won the trial for the client who had been victimized by the defendants' attempt to move assets beyond his reach, and the client was able to recover all the money owed

Brought claims for client based on fraudulent transfers of stock and promissory note to help client recover money owed on a successful jury verdict. The stock and promissory note were assets that were ... owned initially by one defendant, but were transferred by him to other defendants in a web of transactions apparently aimed at thwarting the plaintiff client's effort to capture the assets and get paid the substantial amount owed on his jury verdict. McBirney v. Paine Furniture Co., 2003 WL 21094555 (Mass. Super. March 31, 2003)

Constitutional

Constitutional challenge to federal statute

Jan 31, 1992

OUTCOME: Succeeded in obtaining preliminary injunction that suspended enforcement of statute and led to eventual settlement worth more than $70 million to veterans despite reversal of injunction on appeal; statute expired and was not renewed by Congress

Acted as co-counsel for nationwide class action challenging constitutionality of federal statute that cut off benefits to certain disabled veterans. Disabled American Veterans v. U.S. Dep’t of Veterans ... Affairs, 783 F. Supp. 187 (S.D.N.Y 1992) and 962 F.2d 136 (1992)

Joanne D'Alcomo's Legal Cases (6)

Insurance company refusing to cover corporate policyholder

Will contest based on undue influence

Breach of royalty contract

Wage Act case for high-earning salesperson

Fraudulent transfer of assets

Constitutional challenge to federal statute