Litigation Notes

Attorneys David Sullivan and Geoffrey Aptt from the DarrowEverett Litigation and Employment Groups Won a Federal Court Jury Trial on behalf of company asserting claims for trade secret misappropriations and breach of fiduciary duty against former partner.

On December 17, 2015, Litigation Partner Christopher Hultquist obtained a $424,587.30 Judgment following a trial before United States District Judge Judge Rya Zobel in the Federal District Court of Massachusetts. With pre-judgment interest in the amount of $114,638.57, the total award totaled $539,225.87. Mr. Hultquist represented the telecom company Plaintiff, TNCI Operating Company, Inc. The trial concerned a breach of contract action against an agent who wrongfully migrated business to a competitor of TNCI. The Judgment comprised the lost net profit to TNCI Operating Company as a result of Defendant’s breach of contract.

On November 30, 2015, United States District Judge William Smith granted Judgment in favor of the City of Cranston, Rhode Island and members of the Cranston Police Department in the matter of Jason Boudreau v. City of Cranston, et al., C.A. No 13-388S. Judge Smith entered Judgment in favor of the City of Cranston and members of the Cranston Police Department in a lawsuit predicated on alleged 4th Amendment and civil rights violations in the context of a traffic stop, arrest and subsequent search of the Plaintiff’s vehicles. The Court held in part that the Cranston Defendants’ inventory search of Plaintiff’s cars did not violate the Fourth Amendment. Additionally, the Cranston Defendants did not entrap the Plaintiff into driving on a suspended license. Regarding municipal liability, the Court found in favor of the City of Cranston, as the record contained nothing that linked the Cranston Police officers’ actions with any policy or custom of the City of Cranston. Litigation partner Christopher Hultquist represents the City of Cranston, Rhode Island in this action.

Attorney Sullivan successfully prosecuted a claim for a large South Coast roofing contractor. After a multi-day trial, the Jury awarded the our client all of its damages plus attorney’s fees. The defendant had also initiated a counter claim against Attorney Sullivan’s client seeking multiple damages and attorney’s fees. That counter claim was successfully defended and the defendant received nothing.

Attorney Sullivan successfully completed a superior court jury trial that resulted in a six figure verdict for our clients (the plaintiffs). The plaintiffs were defrauded of money from the defendant and his mother. One defendants pretended to be a real estate agent, and took a deposit for a home from the plaintiffs. He converted the money to his own use. The next portion of the litigation will determine if the defendants should pay double or triple damages and attorney’s fees pursuant to the Massachusetts Consumer Fraud statute. Attorney Sullivan was able to get a pre-judgement attachment against the defendants un-encumbered property.

Attorneys Nicholas Hemond, Zachary Darrow and Joshua Berlinsky successfully worked with the City of Providence to create a new tax incentive program tying taxes to the gross revenue of the subject property which will allow for the redevelopment of an abandoned historic mill into the state’s first culinary incubator program.

Attorney Hemond successfully litigated the dismissal of the charge of Refusal to Submit to a Chemical Test on the grounds of collateral estoppel. The case presented an issue of first impression for the court. Prior to this case, the Court had not rendered an opinion regarding to the impact of a due process dismissal in the District court on the corresponding DUI charge on the ability of the State to proceed against the Defendant on the civil charge of Refusal to Submit to a Chemical Test. The Court agreed with Mr. Hemond’s argument and dismissed the charges against the Defendant and reinstated his license.

In June, Attorney Hemond successfully litigated the dismissal of the charge of DUI in a criminal defense action in Kent County District Court. Mr. Hemond drafted and argued a Motion to Dismiss the DUI charge before a judge of the District Court due to the failure by the Cranston Police Department to preserve crucial exculpatory evidence, namely the station video depicting the Defendant during key moments of the investigation. The Judge agreed with Mr. Hemond’s argument that by failing to produce the requested video and the subsequent destruction of the video resulted in a violation of the Defendant’s due process rights.

Attorneys Nicholas Hemond and Zachary Darrow successfully negotiated a tax stabilization agreement with the City of Providence that would incentivize the redevelopment of an abandoned historic building in downtown Providence into a residential and commercial mixed use building.

On June 2, 2015, United States Magistrate Judge Lincoln Almond issued a Report and Recommendation in the matter of Jason Boudreau v. City of Cranston, et al., C.A. No 13-388S. Magistrate Judge Almond recommended that judgment should enter in favor of the City of Cranston and members of the Cranston Police Department in a lawsuit predicated on alleged 4th Amendment and civil rights violations. Litigation partner Christopher Hultquist represents the City of Cranston, Rhode Island in this action.

DarrowEverett’s Litigation and Real Estate Practice Groups recently worked together to resolve numerous mechanic’s liens and assist the building owner in taking advantage of entering into an assignment of lease and a long-term telecom lease. The litigation department was first contacted by a Rhode Island commercial property owner to assist it in handling numerous mechanic’s liens by subcontractors against the property which were a result of bankruptcy by the general contractor hired to remodel portions of the building. During this process, a national telecom company approached the owner about entering into a long term telecom lease agreement. Working together, the litigation department and real estate departments were able to negotiate settlements of the key mechanic’s liens, negotiate with the telecom company and effectuate the telecom agreement which resulted in significant rental payments to the property owner.

DarrowEverett’s Litigation Practice Group recently obtained an Order from the Rhode Island Superior Court releasing $378,000.00 from the Court Registry as partial satisfaction of an 882,941.54 Judgment obtained in the matter, 1800 Mendon Road LLC v. Empire Merchandising Corporation. CA No. PB07-1270.

DarrowEverett’s Litigation Practice Group obtained a $85,000.00 settlement on behalf of a client who sustained a shoulder injury following an automobile accident.

DarrowEverett’s Litigation Practice Group obtained a $65,000.00 settlement on behalf of a client who sustained a knee injury following an automobile accident.

Following a December 2014 trial on damages before Rhode Island Superior Court Justice Michael A. Silverstein, DarrowEverett’s Litigation Practice Group, represented by Partner Christopher Hultquist, obtained a final judgment in the amount of $448,193.68. on behalf of his client, 1800 Mendon Road, LLC. The Plaintiff, owner of commercial property in Cumberland Rhode Island, asserted a breach of contract action against an anchor commercial tenant of his property following a lease default. The Court agreed with Plaintiff’s argument and awarded damages for loss of rent, and associated charges totaling $448,193.68. Since the breach of contract occurred in November 2006, prejudgment interest totaled $434,747.86, making the final judgment in the amount of $882,941.54 . The Court also found that the Plaintiff had appropriately mitigated its damages by taking reasonable measures in finding a suitable tenant to re-lease the abandoned 15,000 square feet of property left vacant by the breaching tenant. The name of the underlying action is 1800 Mendon Road, LLC v. Empire Merchandising Corporation, d.b.a. Dollar Depot, et al. C.A. No. PB07-1270.

Obtained use variance for national convenience store’s approval of utilization of refueling unit. We represented client before zoning board on a highly controversial issue; successful in securing unanimous passage.

Successfully obtained extensions of Tax Stabilization Agreements for 5 years. Advocated to negotiate terms of extension and secured passage despite opposition from special interest groups in municipality, protecting the investment in revitalization.

DarrowEverett’s Litigation Practice Group has been a hub of activity in recent months, citing an increased number of complaints involving clients who have claimed injuries as a result of being administered the Gardasil HPV vaccination. The National Childhood Vaccine Injury Act of 1986 allows injured parties to seek compensation in the United States Court of Federal Claims in Washington D.C. as a result of vaccine injuries. On May 22nd, Litigation Partner Christopher Hultquist filed the firm’s most recent Petition in the Court of Federal Claims on behalf of a fifteen year-old girl who was diagnosed with Guillain-Barre Syndrome (“GBS”) following receipt of the Gardasil HPV vaccination. GBS is a rare neurological disorder that affects the peripheral nervous system. Mr. Hultquist has been representing individuals with vaccine injuries in the United States Court of Federal Claims since 1998, and he is currently representing individuals throughout the country who have sustained injuries as a result of the Gardasil HPV vaccination.

DarrowEverett’s Litigation Practice Group obtained a $125,000.00 policy limits settlement on behalf of a client who sustained a shoulder injury following an automobile accident. Following the accident at issue, Plaintiff underwent surgery to repair her injury and followed up with three months of physical therapy. Defendant insurance company initially refused to accept liability for claim, but eventually agreed to pay full policy limits three months following initiation of Complaint.

DarrowEverett LLP recently announced that Nicholas J. Hemond has joined the firm’s Litigation Practice Group. Mr. Hemond concentrates his practice in the areas of litigation and government affairs. He regularly represents clients in civil, criminal, and family court litigation matters and all areas of legislative and municipal affairs.. He possesses a comprehensive background in legislative matters, government relations and municipal law matters, working with local executive leaders on a daily basis to ensure his clients’ interests are strongly and effectively communicated, understood, and advanced. Mr. Hemond has previously served as an advisor and consultant for members of the Providence City Council and General Assembly. He also serves as a City Solicitor for the City of Central Falls, prosecuting the city’s misdemeanor criminal cases in district court. Mr. Hemond also led the research and communications departments for the Democratic nominee for governor of Rhode Island in 2010. In 2013, Mr. Hemond served as legal counsel to the newly elected Mayor of Central Falls and worked to negotiated the transition of the City out of receivership and back to local governance. In 2011, the Mayor of the City of Providence appointed Mr. Hemond to the Providence School Board, serving as an elected chairperson of the Board’s Committee on Policy, he is also the Board Vice President. He also serves on the Executive Board of the Rhode Island Association of School Committees and a national purchasing board associated with large school systems. “Nick’s arrival adds a great deal of strength to our litigation and municipal law capabilities, not just here in Providence, but throughout New England,” notes Zachary G. Darrow, managing partner. “He is an accomplished attorney who understand not only how to provide the kind of client service and counsel on which DarrowEverett has built its reputation as a “Go-To” Law Firm, but he also has the ability and relationships to grow the firm’s business. We are thrilled to have him on board.” Nick is a graduate of Providence College and Roger William’s University School of Law School. He is Aadmitted to practice in Massachusetts and Rhode Island. To contact Nicholas J. Hemond :

Bad Boy Guarantees can be Very Good– for Lenders: Conventional wisdom has it that CMBS loans are fully non-recourse and that so-called “bad boy” guarantees can be a tough sell for a lender in court. Neal Glick and Kurt Kalberer II recently turned that conventional wisdom on its head in U.S. District Court in Boston, when they obtained a $1.25 Million judgment against a borrower and guarantors of a commercial loan for a hospitality property on Cape Cod. In granting summary judgment, the Court found that the principals of the borrower had violated the terms of their “bad boy” guarantees, primarily by misrepresentations made in connection with the loan application and the co-mingling of funds. Aggressive discovery revealed that indeed misrepresentations had been made at the time of the loan underwriting, funds in various accounts had been co-mingled and a variety of other “bad boy” triggers had been pulled. Glick notes: “CMBS loans are not always as ‘non-recourse’ as they may seem. There is a small but growing body of case law that holds guarantors’ feet to the fire if they are truly “bad boys”.

Attorney Sullivan mediated a litigation matter to an early and successful conclusion. The client claimed that her deceased husband’s niece fraudulently conveyed $1M worth of the client’s assets into an irrevocable trust that named the niece as a trustee as well as a beneficiary. Questionable distributions had been made from the trust to the niece’s family members. Through mediation, Attorney Sullivan was able to have the niece removed as trustee and have an independent party named as her substitute. Attorney Sullivan was also able to arrange for a substantial payout to the client and allow the balance of the assets to be held in trust for the client’s benefit. The mediation also allowed for the client’s blood relatives to be added as residual beneficiaries of the trust. This mediation was so important because of the client’s advanced age, frail physical health and failing mental health

Obtained 125,000.00 settlement on behalf of a client who sustained a shoulder injury following an automobile accident.

On August 19, 2013, United States Court of Federal Claims Special Master Katherine Vowell issued a Decision approving a $200,000.00 settlement on behalf of a 15 year old girl who sustained injuries as a result of the HPV vaccination(Gardasil). DarrowEverett Litigation partner,Christopher Hultquist represented the claimant in this matter. Mr. Hultquist has been admitted to practice in the United States Court of Federal Claims since 1998, and he is currently representing individuals throughout the country who have sustained vaccination injuries.

Obtained $70,000.00 arbitration award on behalf of client who fractured her ankle as a result of a slip and fall accident.

Obtained confidential insurance policy limits settlement regarding a personal injury claim on behalf of a teenager involved in an automobile accident.

The United States District Court for the District of Rhode Island grants summary judgment in favor of yacht owner- case named to the Top Ten Most Important Decisions of 2012 by Rhode Island Lawyers Weekly. In late 2009, our client’s 58’ luxury motor yacht suffered catastrophic damage as a result of extensive water intrusion into the core of the yacht’s fiberglass hull and deck. The owner of the yacht, represented by DarrowEverett litigation attorney Kurt T. Kalberer II, sought recovery for the loss from one of the nation’s largest marine insurance carriers, asserting that the damage was covered under the insurance policy. The insurance carrier denied coverage of the claim on the grounds that the policy excludes coverage for damage resulting from defects in manufacture. After hearing argument, the Court entered judgment in our client’s favor, interpreting the policy language to cover the loss notwithstanding the defect in manufacture exclusion in the policy. Read the Court’s full Opinion and Order here.

On November 6, 2012, Rhode Island Federal District Court Judge John J. McConnell, Jr. adopted the Report and Recommendation of Special Master Christopher E. Hultquist. The Report and Recommendation concerned the distribution of $8.5 million in attorneys’ fees following the $34 million settlement of a national class action. Mr. Hultquist is a Litigation partner and leader of the firm’s ADR practice. | Report and Recommendation | Order adopting the Report |

On April 23, 2012, in the matter of Nash v CVS Caremark Corp., C.A. No. 09-079-M, United States District Judge John J. McConnell appointed partner Christopher E. Hultquist to serve as a Special Master to take evidence, receive argument, and make a Report and Recommendation to the Court regarding an allocation of $8.5 million in counsel fees in connection with a court-approved class action settlement.































































































































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