Summary of Experience

We have broad litigation experience in federal and state courts, including related appellate and administrative proceedings, arbitration proceedings, and other forms of alternative dispute resolution, in the following substantive areas: contract and business tort; unfair competition; federal constitutional and statutory claims, including litigation under 42 U.S.C. § 1983; defamation; lender liability actions; federal and state environmental law, including claims under CERCLA and its state-law counterparts; construction litigation, employment termination and discrimination; bankruptcy litigation; and class action litigation.

Representative Cases

Counsel to Rhode Island’s public transit authority in federal class action under § 504 of the Rehabilitation Act of 1973. The plaintiff class sought to require the authority to limit its acquisition of new buses to wheelchair-accessible vehicles. Such a requirement would have increased acquisition costs substantially with no evidence to suggest that wheelchair-confined persons would increase their limited use of fixed-route buses. The District Court granted the relief sought. On appeal, the First Circuit reversed, holding that federal law did not require the affirmative action inherent in the District Court’s judgment.

Counsel to northeastern bank in challenge to the prepayment-penalty provisions of the bank’s loan agreement with multi-state manufacturing firm. The trial court rejected the borrower's challenge. On appeal, the Rhode Island Supreme Court affirmed. The case established the legitimacy of bargained-for, prepayment-penalty clauses in commercial loans governed by Rhode Island law.

Counsel to Providence hospital in connection with acquisition of adjacent municipal land and buildings. Hospital intervened in an action challenging the city’s right to sell the property. The trial court sustained the sale to the hospital. On appeal, the Rhode Island Supreme Court affirmed.

Counsel to a publicly traded drug distributor in connection with effort, grounded in anti-fraud provisions of the Securities Exchange Act of 1934, to forestall a tender offer by a management group. The District Court issued an injunction against the offeror permitting the company to entertain the offers of third-party suitors. In the end, the shareholders approved one such suitor and realized value greater than that offered by the management group.

Counsel to partner in Providence law firm in connection with effort by the United States Trustee to hold partner in civil contempt for participation as counsel in sale of real estate in alleged violation of the automatic-stay provisions of the Bankruptcy Code. Before trial, the contempt claim was dismissed with prejudice pursuant to a settlement agreement.

Counsel to owner of thirty-acre landfill in challenge to the Rhode Island Department of Environmental Management’s (RIDEM) decision not to renew the owner’s operating license. After lengthy administrative hearings, RIDEM’s decision was affirmed. In an appeal to the Rhode Island Superior Court, however, the administrative decision was reversed on the ground that RIDEM exceeded its regulatory authority. The Rhode Island Supreme Court rejected RIDEM’s appeal, affirmed the decision of the Superior Court, and reinstated the owner’s license.

Counsel to former owner of hazardous waste site in connection with ongoing effort of the RIDEM to force the former owner and other potentially responsible parties to accept responsibility for response costs at the site in accordance with the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and its state-law counterpart.

Counsel to northeastern highway and bridge contractor in ongoing defense of $4 million fraud and breach of contract claims arising out of the sale of contractor’s former plant and adjacent land.

Counsel to former Rhode Island Secretary of State in litigation instituted by Rhode Island’s Attorney General in an effort to prevent casino-gambling referendum from appearing on the November 2004 statewide ballot.

Counsel to Chief Operating Officer of Massachusetts-based, non-profit organization who had been summarily suspended based on charges of sexual harassment made by a female department head. After the case was presented to the organization’s board of directors, the board voted to reinstate the COO.

Counsel to marine contractor in connection with claims arising from construction of marina expansion and improvements at Block Island. The owner declined to meet its contract obligations, contending that several components of the work had not been performed in a workmanlike manner. The case was tried before a single arbitrator under the rules of the American Arbitration Association. In the end, the arbitrator issued an initial award decidedly in favor of the marine contractor as to the merits of the controversy, followed by a supplemental award requiring the owner to pay the contractor’s attorneys’ fees and costs.

Counsel to major precast-concrete manufacturer in connection with multi-count complaint of product purchaser alleging manufacturing defects. The purchaser’s central contention was that the products developed alkali-silica reaction as a consequence of the concrete mix design selected by the parties. A three-member panel of the American Arbitration Association was selected to hear the case. After extensive discovery and the exchange of experts’ reports, the case was settled shortly prior to the start of evidentiary hearings.