Business Litigation & Dispute Resolution

Our client, the CEO of a former national company with over 2,000 employees, was sued personally in federal district court by disgruntled customers based on theories of corporate officer liability. Plaintiffs were attempting to hold the CEO liable for corporate actions in order to work around the company’s Chapter 7 bankruptcy filing. Plaintiffs claimed that the CEO’s actions gave rise to this liability, but DE successfully consolidated 10 actions pending in various federal courts, and through successful motion practice, all of the cases pending against the CEO were dismissed, resulting in the claims for punitive damages, consumer protection violations, and civil conspiracy being dismissed.

Successfully negotiated a six-figure settlement from a landlord’s insurance company for a tenant that fell down improperly maintained stairs.

Obtained a five-figure settlement for our client, a defendant in a breach of contract claim made by a former business partner because the plaintiff misrepresented business assets at the time of the partnership’s formation.

Successfully defended a company in a Tennessee Department of Environment and Conservation appeal that was alleged to have released contaminants on its property and failed to have followed the departments records and reporting protocols.

Successfully settled at mediation for over $500,000 against a building contractor who was unlicensed to perform the work.

Obtained judgment of approximately $150,000 against former tenants of our client that destroyed our client’s rental property.

Filed pre-suit demand letter on behalf of entrepreneur client that resulted in payment of more than $24,000 from defendant for failing to supply client with custom vehicle for her business.

Obtained a favorable judgment on a motion to dismiss pertaining to a corporate officer liability claim against our client. We successfully argued that the complaint failed to support the claim.

Obtained a successful $24,000 arbitration decision on behalf of our client who sustained injuries in a motor vehicle accident.

Successful client representation in numerous contract, business, shareholder and partnership disputes involving financial institutions; insurance agencies; real estate and investment companies; construction trades; product manufacturers; and, technology companies.

Obtained summary judgement on behalf of drug-testing company and corporate officers against claims of anti-competitive behavior and unfair competition.

Successful prosecution and defense of numerous patent, trademark and copyright infringement actions. Client representation includes litigation of licensing disputes.

Successful defense of numerous creditors across multiple jurisdictions in bankruptcy adversary proceedings for avoidance of preferential and fraudulent transfers and conveyances, including representation in some of the nation’s largest bankruptcy proceedings, such as WorldCom; Allegiance Telecom; XO Communications; MicroAge; Enron; Global Crossing; CIT Group; SonicBlue; A.B. Dick; Gitto Global and Eastman Kodak.

Successful defense of national client companies against product liability claims resulting in fire, injury and death involving consumer and commercial appliances; sporting goods; and heavy machinery.

Represented client, a minority owner in a cannabis company, that offered to buy out another member of the company. After the buyout was refused, our client was sued. We settled the case where our client bought out the other owners for approximately $600,000 less than he originally offered prior to the litigation.

Successfully litigated complex construction dispute involving the build-out of a commercial food processing facility on behalf of the project owner, where the general contractor had dissipated project funds and failed to pay subcontractors. DE successfully resolved the lawsuit against the general contractor and obtained dissolution of several mechanic’s liens amounting to over six figures that had been recorded by project subcontractors.   

Successfully vacated a judgment that had been entered against our trucking company client on the basis that service was insufficient, resulting in no liability to DE’s client.

Successfully defended a prejudgment transfer request of almost $700,000 in client assets in a federal receivership action. The court agreed that such a transfer would come without due process.

Obtained injunctive relief in Massachusetts Superior Court resulting in favorable settlement for our client in complex dispute over ownership of a commercial services business.

Successfully obtained the removal of a false and defamatory online news story that was harming client’s business reputation through demand to news organization. As a result of DE’s experience in prosecuting internet defamation matters, the news organization elected to remove the article in question.

The DarrowEverett Litigation team settled a Breach of Lease Agreement without the need for litigation on behalf of a property management client regarding the alleged failure of a large corporate tenant to terminate their lease correctly. The settlement, in the tens of thousands, secured the total renovation costs of the space plus multiple months’ rent. Additionally, our team was also able to overcome counter allegations of breach of contract.

Successfully defended a Declaratory Judgment Complaint filed by a number of health care institutions challenging a regulatory interpretation by the Office of the Health Insurance Commissioner against a Motion to Dismiss.  The Motion to Dismiss was denied and the case was allowed to proceed forward.

Represented a marijuana compassion center in securing what may be the first approval from the Department of Business Regulation on a change of location variance application allowing the compassion center to move to a new location.

Successfully represented a member of a limited liability company in prosecuting a breach of fiduciary duty, conversion, accounting, and judicial dissolution action against the controlling member, resulting in a significant judgment against the controlling member and operating entity.

Represented a borrower in defeating its lender’s prejudgment attachment request in a Massachusetts Superior Court.

Represented an entertainment venue in Superior Court litigation regarding the use of celebrity likenesses by third parties to promote events.

Appealed a decision of a local zoning board to determine the applicability of the administrative finality doctrine.

Filed a Petition with the United States Supreme Court for a Writ of Certiorari regarding the applicability of an arbitration clause and the right to class vs. bilateral arbitration.

Represented property owners in defeating temporary restraining order and preliminary injunction requests.

Represented a digital marketing agency in noncompete, trade secret, and payment of wage litigation.

Successfully defended a large construction company against motions for preliminary injunctions, attachment of bank accounts, and a demand for a reach and apply.

Represented a Southcoast municipality in Superior Court litigation involving the demolition of a housing project and the replication of public housing units.

Prevented the amendment of FLSA complaint in Federal Court attempting to add a principal of a corporation as an individual defendant in an unpaid overtime complaint.

Filed a Motion for Summary Judgement involving the issue of tolling land development permits during the pendency of an appeal.

Represented an employer in defeating payment of wage claims.

Represented a regional service contractor in noncompete and trade secret theft litigation.

Represented a statewide homeowners’ association management company in noncompete litigation.