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Events / Blogs

PSD Boston and New York Class Action Lawyers Win Delaware Chancery Court Ruling

Posted by on March 27, 2018 in Blog, Uncategorized | Comments Off on PSD Boston and New York Class Action Lawyers Win Delaware Chancery Court Ruling

PSD Boston and New York Class Action Lawyers Win Delaware Chancery Court Ruling

PSD Boston and New York class action lawyers won their opposition to a motion to dismiss before Chancellor Bouchard in the Delaware Chancery Court. PSD represents a medical device innovator, Ken Carr, who is the corporate founder of a medical device technology company. Carr suffered dilution of his holdings and the effects of a blown warrant sale to a major manufacturer. The court issued the 62-page Memorandum Opinion on March 26, 2018. Novel Corporate Law Issues The case presented several novel issues of Delaware law. In its written opinion,...

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Boston Probate Litigation Lawyer Wins Trust Contest

Posted by on March 17, 2018 in Blog | Comments Off on Boston Probate Litigation Lawyer Wins Trust Contest

Boston Probate Litigation Lawyer Wins Trust Contest

Boston probate litigation lawyer wons a trust contest. PSD founding partner Peter Duffy won dismissal of all claims by a beneficiary to change a family trust. Specifically the petitioner sought to treat as an heir, under the trust, a man he adopted as an adult. Adopted Adult Son The petitioner sought to permit his adopted son—whom he adopted as an adult—to succeed to his interest in his grandfather’s trust. Some family members challenged the petitioner’s ability to seek an advisory opinion. Consequently, Petitioner sought...

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Boston False Claims Act Lawyers Won Qui Tam Case

Posted by on March 9, 2018 in Blog | Comments Off on Boston False Claims Act Lawyers Won Qui Tam Case

Boston False Claims Act Lawyers Won Qui Tam Case

False Claims Act Lawyers Move to Dismiss Qui Tam Action Boston false claims act lawyers, led by Barry Pollack, won dismissal of qui tam case in Maryland. You can click here for a link to the decision: 180307 opinion dismissing claims On March 6, 2018, the United States District Court for the District of Maryland dismissed a qui tam action brought by a former employee against a PSD client. The plaintiff claimed that she was fired after reporting Form I-9 deficiencies to her supervisor. In a 21-page opinion, the court rejected all claims. The...

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PSD Gets New York Private Equity Fund Out of North Carolina Action

Posted by on February 10, 2018 in Blog | Comments Off on PSD Gets New York Private Equity Fund Out of North Carolina Action

PSD Gets New York Private Equity Fund Out of North Carolina Action

On February 9, 2018, the Business Litigation session in Charlotte, North Carolina dismissed all claims against a New York private equity fund, represented by PSD, arising from allegations brought by a software company as it was trying to enter the healthcare services market. In a 47-page opinion, the court found that, despite the fund’s stated objective to invest in a roll-up of North Carolina businesses, the actual investment in a North Carolina holding company, and the roll-up of North Carolina businesses, the plaintiff failed to...

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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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