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NY, NY 10005

(212) 493-3100

Pollack Solomon Duffy LLP

PSD Wins Both Sides of Summary Judgment Motions in Commercial Real Estate Litigation in Boston Federal Court

PSD Wins Both Sides of Summary Judgment Motions in Commercial Real Estate Litigation in Boston Federal Court

PSD attorneys Barry Pollack and Peter Duffy won both sides of cross-motions for summary judgment, along with an affirmative grant in their client’s favor in a commercial real estate dispute pending in federal court in the District of Massachusetts. In one written decision, the federal judge found that PSD’s client, 58 Swansea Mall Drive, LLC produced sufficient evidence to go to trial on not only breach of contract claims, but also...

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PSD Wins Full Acquittal for Client in Federal White Collar Criminal Case

PSD Wins Full Acquittal for Client in Federal White Collar Criminal Case

On July 28,2017, Barry Pollack won an acquittal on all charges in a federal criminal case in Boston. PSD’s client was the CEO of one of the largest international Bluefin tuna dealers. The charges included alleged smuggling, falsifying records and conspiracy. During the trial, Pollack uncovered significant government misconduct, including pressure on government witnesses to implicate PSD’s client, threats that caused a defense...

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PSD Wins Summary Judgment in Healthcare Case

PSD Wins Summary Judgment in Healthcare Case

On June 21,2017, PSD’s healthcare litigation partner Phillip Rakhunov won a rare summary judgment ruling despite a battle of experts, resulting in the dismissal of negligence claims against a New York physician and his urology practice group. Plaintiff had sought more than $2 million in damages, alleging that defendants were negligent in failing to address complaints of abnormal bleeding, which allegedly developed into a massive bleeding...

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PSD Client Wins Anti-SLAPP Motion and Fee Award in Patent-Related Matter

PSD Client Wins Anti-SLAPP Motion and Fee Award in Patent-Related Matter

A Suffolk County judge dismissed counterclaims that the Court determined to constitute SLAPP claims, essentially retaliatory claims based on nothing substantial beyond constitutionally-protected petitioning activity. In the 21-page memorandum of decision, the Court dismissed a breach of contract counterclaim and misrepresentation counterclaims. Previously the Court had denied in its entirety the defendants’ motion to dismiss Dr....

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PSD Secures Fee Award of $422,433 Against Florida Plaintiff’s Firm

PSD Secures Fee Award of $422,433 Against Florida Plaintiff’s Firm

On Friday, March 24, 2017, a federal judge in the Southern District of Florida awarded $422,433 in fees and costs to EDCare Management, Inc., a PSD client in an employment dispute. A former employee had sued EDCare in two lawsuits, claiming a wrongful termination and alleged violations of the Fair Labor Standards Act. Discovery and investigative efforts revealed that the plaintiff had certain documents in her possess that she should not have...

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PSD Wins Jury Verdict in Breach of Fiduciary Duty Case

PSD Wins Jury Verdict in Breach of Fiduciary Duty Case

On March 7, 2017, a 12-person Suffolk County jury returned a verdict in favor of a PSD client on her contract and breach of fiduciary duty claims. Peter Duffy served as lead trial counsel on behalf of a widow against a manager of a family business who claimed she owned the company after PSD client’s husband passed away. The jury deliberated for less than a half day. Judgment entered in favor of the PSD client in the amount of $514,369. ...

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