Representative Clients
REPRESENTATIVE CASES:
* Admiralty/Maritime
Crawford v. Cooper/T. Smith Stevedoring Co., Inc., 14 F. Supp.2d 202 (D.R.I. 1998)- Defended owner of container crane against suit for wrongful death of worker who fell from the crane.
* U.S. Coast Guard v. MacGillivray (1997)- Successfully defended
the Master of a passenger vessel against Coast Guard administrative charges of negligence in connection with the vessel's allision with a bridge in the Piscataqua River, Portsmouth New Hampshire.
* Cooper/T. Smith Stevedoring Co., Inc. v. M/V Westwood Annette
- In rem action for owner of container gantry crane against British flag bulk carrier that crashed into the crane during a docking maneuver, derailing the crane and causing extensive damage.
* Estate of Allison Rollins v. Peterson Builders, Inc., 761
F.Supp. 918 (D.R.I. 1991) - Defended builder of oceanographic research ship against claims arising from the electrocution of the ship's assistant engineer during a shore power hook-up.
* Petrolane Incorporated v. M/V Devonshire - In rem action for
owner of liquid propane terminal against British flag LP gas tanker for water contamination of a shipload of propane.
* Corporate/Commercial
Heritage Village Associates v. Homar Incorporated, 591 A.2d 1218 (R.I.
1991)- Defended general contractor against claims it was responsible for defective floors installed in a Section 8 housing project.
* Estate of Meller v. Adolph Meller Co., 554 A.2d 648 (R.I.
1989)- Enforced stock purchase agreement against deceased shareholder's widow, who claimed a grossly inadequate price.
* Homar Incorporated v. Round Hill Associates - Jury verdict
(Bristol County, MA) in favor of general contractor for its retainage and against counterclaims for defective work in connection with the condominium converson of the Round Hill Mansion in Dartmouth.
* HEALTH CARE
Medical Malpractice Joint Underwriting Ass'n of R.I. v. R.I. Insurers' Insolvency Fund, 703 A2d 1097 (R.I. 1997) - Invalidated Insolvency Fund practice of refusing to participate in settlement of multi-party cases until coverage of all solvent insurers was exhausted, regardless of insureds' relative degree of fault.
* Hospital Association of R.I. v. Secretary of HHS, 820 F2d 533
(1st Cir. 1987)- Represented HARI in protracted litigation with the Health Care Financing Administration over Medicare reimbursement of hospital malpractice insurance costs.
* PROCEDURE
Nunes v. Meadowbrook Development, Inc., 807 A.2d 943 (R.I. 2002)- Set aside an arbitrary trial court order requiring a $650,000 cash or surety bond as a condition for maintaining an appeal.
* Providence Gas Company v. Biltmore Hotel Operating Co., 119
R.I. 108, 376 A.2d 334 (1977) - Successfully enforced final judgment by default for failure to answer interrogatories
* PRODUCT LIABILITY/PERSONAL INJURY
Crawford v. Cooper/T. Smith Stevedoring Co., Inc., 14 F. Supp.2d 202 (D.R.I. 1998)- Defended owner of container crane against suit for death of worker who fell from the crane, allegedly due to defective spreader bar and grapple.
* Kurisoo v. Providence and Worcester Railroad, 68 F. 3d 591 (2d
Cir. 1995)- Obtained summary judgment in District of CT dismissing claims of man severely injured while fishing from railroad right of way. Affirmed on appeal.
* Margeson v. Providence and Worcester Railroad, 619 A.2d 1128
(RI 1993)- Jury verdict in favor of railroad against a plaintiff severely injured while riding his dirtbike across a railroad trestle. Affirmed on appeal.
* Providence and Worcester Railroad v. Sargent & Greenleaf, Inc.
, 802 F. Supp. 680 (D.R.I.1992)- Sued manufacturer of switch locks for product defects and breach of warranty for train derailment that resulted when a vandal picked a "pick-proof" switch lock and diverted a speeding train from main line to a siding.
* Doyon v. Providence and Worcester Railroad Company, 583 NE2d
886 (Mass. App. 1992)- Jury verdict (in Worcester County, MA) in favor of railroad, dismissing claims of two men severely injured in a grade crossing accident. Affirmed on appeal.
* Estate of Allison Rollins v. Peterson Builders, Inc., 761
F.Supp. 918 (D.R.I. 1991)- Defended ship builder against claims that a defective shore power system caused electrocution of assistant engineer.
* Sampson v. Falstaff Brewing Co., 147 Vt. 315 (1986)- Obtained
reversal of a Vermont jury verdict against a brewer in favor of a plaintiff who claimed that a bottle of Narragansett beer he drank from contained lye.
* Ruggieri v. Bethlehem Steel, 503 F. Supp. 1036 (DRI 1980)-
Defended shipbuilder against claims of a former Navy seaman that he contracted mesothelioma from inhaling asbestos aboard a Navy tanker.
* Scittarelli v. Providence Gas Company, 415 A.2d 1040 (R.I.
1980)-Defense of gas company against claims for personal injury arising from explosion of a gas stove -- established that mere occurrence of explosion does not prove stove was defective.
* REAL ESTATE
Francis v. Buttonwood Realty, Inc., 765 A.2d 437 (R.I. 2001). - Won specific performance of a purchase and sale agreement against the receiver of a real estate holding company who wanted to renege in favor of a higher offer.
* Gooding Realty Corp v. Bristol Bay CVS, 763 A.2d 650 (R.I.
2000). Successfully defended drugstore chain against former landlord's claim of holdover tenancy.
* Rhode Island Dept of Transportation v. Providence and
Worcester Railroad Company, 674 A.2d 1239 (R.I. 1996)- Litigation over state's right of first refusal concerning abandoned railroad property.
* American Title Insurance Co. v. East West Financial, 959 F2d
345 (1st Cir 1992); 817 F. Supp 251 (D.R.I.1993), 16 F3d 449 (1st Cir.
1994)- Defense of mortgage lender against suit to void lender's title insurance policies on 100+ "motel condominium" units and counterclaim for damages resulting from fraudulent failure to pay prior liens and encumbrances.
* Armstrong, Gibbons v. Southridge Investment Associates, 589
A2d 836 (RI 1991)- Secured refund of $100,000 earnest money deposit on behalf of a Boston law firm who gave late notice of cancellation under the mortgage contingency clause of its client's purchase and sale agreement.
* Water Street Development v. Aetna Casualty & Surety Co., 539
A.2d 967 (R.I. 1988)- Jury verdict in favor of insurance company against insured's claim under a builders risk policy for fire damage to its restaurant. Affirmed on appeal.
* R.W.P. Concessions v. R.I. Zoological Soc., 487 A.2d 129 (R.I.
1985)- Secured eviction of a carnival ride concessionaire from the Roger William's Park Zoo.
* Peterson-Puritan v. Providence and Worcester Railroad Company
- Defense against a claim for reformation of a deed by a purchaser who complained it received too much railroad track for its $1 and other valuable consideration.
* Pearl Brewing Company v. John J. McNaboe, 495 A.2d 238 (R.I.
1985)
* Providence and Worcester Railroad v. Blue Ribbon Beef Company,
463 A.2d 1313 (R.I.1983)
* Diamond International v. Bristol County Builders, 468 A.2d 282
(R.I. 1983)
* Anthony J. Bove, d/b/a Mirabar Lounge v. Kates Properties,
Inc., 444 A.2d 193 (R.I. 1982)
* Caswell v. Geo. Sherman Sand & Gravel Co., 424 A.2d 646 (RI
1981).
* Belvoir Associates v. Bove, 425 A.2d 542 (R.I. 1981)
* TAXATION
Rollins Hudig Hall of R.I. v. Clark, 785 A.2d 523 (R.I. 2001)- On behalf of an insurance broker, secured refund of more than $3 million (plus
interest) of surplus line broker's gross premium taxes erroneously assessed by the R.I. Division of Taxation.
* Associated Elec. Gas Ins. Services v. Clark, 676 A.2d 1357
(R.I. 1996)-Gross premiums tax.
* Bendix Corporation v. Norberg, 122 R.I. 155 (1979)- Successful
claim for refund of corporate income taxes, based on improper allocation of income by R.I. Division of Taxation.