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Pollack Solomon Duffy LLP

Events / Blogs

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

Posted by on August 26, 2017 in Blog | Comments Off on 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 claims based on the breach of the duty of good faith and fair dealing and under 93A for unfair and...

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

Posted by on July 29, 2017 in Blog | Comments Off on 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 witness to refuse to testify, and efforts by the government to take inconsistent factual positions that...

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PSD Wins Summary Judgment in Healthcare Case

Posted by on June 22, 2017 in Blog | Comments Off on 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 episode while plaintiff rode the subway later that evening. Mr. Rakhunov argued that the objective...

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

Posted by on March 31, 2017 in Blog | Comments Off on 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. Carr’s claims. The case has been expedited at the request of Dr. Carr for trial as early as the...

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

Posted by on March 26, 2017 in Blog | Comments Off on 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 taken or kept from the company. Eventually, EDCare resolved the claims with the plaintiff, partially...

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PSD Wins Jury Verdict in Breach of Fiduciary Duty Case

Posted by on March 7, 2017 in Blog | Comments Off on 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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PSD Client Fraen Wins Summary Judgment Against Former Employee

Posted by on October 19, 2016 in Blog | Comments Off on PSD Client Fraen Wins Summary Judgment Against Former Employee

PSD Client Fraen Wins Summary Judgment Against Former Employee

A judge in the Business Litigation Session in Massachusetts Superior Court granted summary judgment dismissing all claims brought against Fraen Corporation and certain affiliates. In the October 12, 2016 decision, the court found that the plaintiff lacked a reasonable expectation of proving contract-based claims or of showing that the defendants ever conducted themselves in bad faith. The dispute arose from a Patent Purchase Agreement and a Sales Representative Agreement concerning an electric torque motor. Barry Pollack and Phil Rakhunov...

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PSD Wins SJC Appeal Concerning President Adams Trust

Posted by on November 19, 2016 in Blog | Comments Off on PSD Wins SJC Appeal Concerning President Adams Trust

PSD Wins SJC Appeal Concerning President Adams Trust

The SJC handed down a unanimous decision on November 15, 2016, affirming a single justice’s grant of summary judgment in favor of PSD client Quincy Historical Society. A new trustee (who replaced the City of Quincy in overseeing assets devised by President Adams) had attacked a lease of the Adams Academy to the Quincy Historical Society. In the decision, the SJC found that a prior decree from 1972 approving the lease precluded the new trustee from pursuing his attack. Barry Pollack argued the appeal for the Quincy Historical Society. ...

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PSD Wins Federal Hague Convention Trial Reuniting Daughter with Brazilian Mother

Posted by on July 28, 2016 in Blog | Comments Off on PSD Wins Federal Hague Convention Trial Reuniting Daughter with Brazilian Mother

PSD Wins Federal Hague Convention Trial Reuniting Daughter with Brazilian Mother

In a 20-page written Memorandum of Decision and Order, PSD won a federal trial under the Hague Convention on the Civil Aspects of International Child Abduction. The Order reunites a 13-year old girl with her mother in Brazil. The federal judge found that PSD’s client proved that the child’s father had retained the girl in breach of the mother’s custody rights under Brazilian law and that the father failed to prove any applicable defense. The Court has invited PSD to submit an application for an award of fees and costs,...

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Complaint filed Under Defense of Trade Secrets Act of 2016

Posted by on June 20, 2016 in Blog | Comments Off on Complaint filed Under Defense of Trade Secrets Act of 2016

Complaint filed Under Defense of Trade Secrets Act of 2016

One of the first claims under the Defense of Trade Secrets Act of 2016 has been filed in the United States District Court for the Western District of Pennsylvania (Case No. 2:16-cv-00762-DSC) earlier this month. CNX Gas Company LLC has claimed that another party obtained certain of its trade secrets through a limited license but has made improvements to them and allegedly filed a provisional patent application using CNX’s alleged trade secrets. The Complaint is vague as to whether and what actions have been taken on the provisional...

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