Morisi and Oatway, P.C.
617.479.0400

Recent Results from the Litigation Department

The litigation attorneys at Morisi & Oatway, P.C. have a demonstrable track record of successes both in court and out of court.  Here are some of the recent results that we have obtained for our clients:

Trial and arbitration results

  • Obtained a jury verdict and a seven figure judgment for an executive who was promised equity as an inducement to go to work for a start up telecommunications company.  The executive has since been paid a confidential seven figure settlement.
  • Obtained a defense verdict in favor of a shareholder of a now defunct closely held corporation at a jury trial.  Plaintiff brought claims for breach of contract, piercing the corporate veil, and violation of Chapter 93A.
  • Obtained a directed verdict for a commercial landlord after a three-day jury trial.  A tenant brought claims of sexual harassment, chapter 93A, breach of lease, and negligence against the landlord, claiming the landlord demanded sexual favors in exchange for obligations due under the lease.
  • Obtained a jury verdict in favor of a general contractor against a developer on claims to collect amounts due under a construction contract.
  • Obtained and collected a $231,000 settlement for a plaintiff suing a lawyer for legal malpractice following a two-week jury trial.
  • Obtained and collected a $100,000 award and defeated all counterclaims after a multi-day arbitration claim by a general contractor against the owners of a doctor's office building constructed by the general contractor.
  • Obtained an arbitration award of 100% of the unpaid additional rent claimed by a landlord against a defaulting commercial tenant.
  • On behalf of an Executrix of an Estate, prevailed at a trial, which led to a favorable settlement allowing the Executrix to remain in charge of the Estate.
  • Won a directed verdict at trial for a company on a claim for non-payment of wages and thereby protected the company and its officers from multiple damages, attorney's fees, and potential criminal exposure

Litigation results

  • Obtained summary judgment in favor of a property owner against a real estate developer seeking to enforce an Offer to Purchase, thereby freeing the owner up to sell the property for in excess of $1 million to another developer.
  • In a second lawsuit brought by the same disgruntled developer against the property owner and the new buyer, won dismissal of claims and dissolution of a lis pendens that was interfering with the new buyer's ability to develop the property.
  • Won summary judgment for a building contractor being sued by its customer on a claim that the contractor was obligated to obtain insurance for the customer.  This result was obtained in a wrongful death case brought by the widow of our client's employee, who died on the construction site.  The owner failed to obtain his own insurance and is now facing potential multi-million dollar exposure in the wrongful death suit.
  • Obtained summary judgment in the Land Court allowing a property owner to use his house as a multi-family income property after an adverse determination by a zoning board of appeals.
  • Won a Probate Court lawsuit on a motion for summary judgment where the plaintiff challenged a deed from the decedent to his grandchildren. The plaintiff, son of the decedent, alleged undue influence and lack of capacity.
  • Obtained dismissal of a claim for adverse possession of real property against a landowner and summary judgment on disputed title ownership claims.
  • Won a dismissal of a probate court lawsuit seeking to remove executors brought by a disgruntled family member.
  • Obtained a judgment in favor of a homeowner against a home improvement contractor and double damages under G.L. c. 93A in a total sum over $100,000.
  • Obtained a Preliminary Injunction in favor of a church to obtain control of the church's property, bank accounts, and identity against a rogue pastor that took control of the church.
  • Obtained a preliminary injunction on behalf of a mortgage brokerage firm to enforce a noncompete agreement against a former employee in the business litigation session.
  • Defeated an employer's attempt to obtain a preliminary injunction to enforce a noncompete agreement against a former produce salesperson in the business litigation session.
  • Defeated an employer's attempt to obtain a preliminary injunction to enforce a noncompete agreement against an insurance broker in the business litigation session.
  • Defeated a motion for a $1 million attachment by a purchaser of commercial paper seeking to enforce a 19 year old guaranty.
  • Obtained a dismissal of a claim brought by an employee bringing whistle blower claim against a condominium manager.
  • Defeated summary judgment on behalf of a construction manager seeking substantial amounts in unpaid, earned commissions.
  • Prevailed on summary judgment on behalf of a widow and executrix in a claim by brother of decedent to obtain all of the real property of the estate.

Negotiation and Litigation Avoidance Results

  • Negotiated a settlement for a high level executive employee of over $1 million for breach of contract and sexual harassment claims.
  • Obtained a confidential settlement for a group of over 30 courthouse clerks suing their attorney for malpractice after the attorney abandoned their sick building claims.
  • Obtained a $300,000 settlement for a condominium association with construction defect claims against the developer.
  • Negotiated a favorable buyout of a minority-shareholder of a closely held corporation.  The majority shareholders terminated minority shareholder's employment and immediately thereafter increased their compensation, giving rise to claims of freeze-out and breach of fiduciary duty.
  • Advised and negotiated on behalf of departing President from high-tech business regarding severance, non-compete, and stock option issues.
  • Successfully defended a professional engineer facing loss or suspension of his license at the Board of Registration, resulting in dismissal of the matter without discipline.
  • Obtained a pre-lawsuit $85,000 settlement of a sexual harassment claim for a female advertising executive.
  • Settled potential high six-figure copyright infringement claims concerning the use of unlicensed software for low five figure dollars.
  • On behalf of a business owner, settled a mid six-figure claim brought by an equipment lessor for low five figure dollars.
  • Obtained a $150,000 settlement for an heir where a family member fraudulently transferred the decedent's assets into his own name.

Settlement Results

  • Favorably settled a claim on behalf of a condominium board of trustees against a construction contractor and abatement contractor.
  • Favorably settled a common area defect claim on behalf of a condominium board of trustees against the developer of the condominium.
  • Favorably settled a claim on behalf of a homeowner against a home improvement contractor.
  • In representing a franchisee, favorably settled a significant claim by franchisor of failure to pay franchise royalties and wrongfully competing.
  • On behalf of a departing financial salesperson, negotiated a settlement that included monetary damages and allowed salesperson to continue in the business in spite of a non-competition agreement.
  • On behalf of a fired financial salesperson, negotiated a settlement that allowed salesperson to continue in the business in spite of non-competition agreement.
  • On behalf of a technology/printing company, settled a claim brought by equipment lessor for a fraction of the claimed damages.
  • On behalf of an appraisal company, prosecuted and favorably settled claims against former employees who started a competing business.
  • On behalf of an employee who was wrongfully terminated, favorably settled the case during trial.
  • On behalf of a construction firm, favorably settled a wage and overtime claim by former employee for a fraction of claimed damages.

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