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Bob Kirby is a
shareholder in the firm. He is a trial lawyer with more than 20 years’
experience. Prior to joining Pierce & Mandell, Bob was a partner in the
Boston office of Nixon Peabody. Bob has tried numerous cases to verdict in
the state and federal courts. The following cases are representative of
the matters that Bob has handled:
- James Healy v. Franklin Electric Co., Inc.
Represented plaintiff in breach of contract action arising out of a
stock purchase agreement. After four day trial in the United
States District Court for the District of New Hampshire, plaintiff was
awarded more than $10.3 million.
- Boston Beer Corporation v. Miller Brewing Co. Represented
Boston Beer (the brewer of Sam Adams) in case arising out of Miller
Brewing Co.’s purported termination of contract brewing agreement. After
five-day arbitration before panel in New York City, obtained arbitration
award compelling Miller Brewing to continue to specifically perform
under brewing agreement for five-year period.
- United States v. McKenzie, et al. Represented one of eight
former employees of TAP Pharmaceuticals indicted for alleged violations
of federal anti-kickback act; jury returned verdict of not guilty in
favor of all defendants, including our client, after three-month trial
before Judge Woodlock in the United States District Court for the
District of Massachusetts.
- Brann v. Coach USA. Bob Kirby and Bob Pierce represented
plaintiff, who was severely injured in bus crash, in negligence action
against bus company; case settled after seven days of trial (Middlesex
Superior Court) for $3.7 million.
- Parekh v. United Parcel Service. Represented UPS in action
alleging breach of real estate development agreement. Plaintiff sought
more than $13 million in damages. After five-day trial (Middlesex
County), jury returned a verdict in favor of UPS.
- Estate of Annette Morse. Represented beneficiaries of a
family trust in suit (Middlesex Probate Court) alleging breach of
fiduciary duty, incompetency of trust settlor and undue influence; case
settled after six days of trial; settlement included award of legal fees
to our clients.
- Garelick Farms v. H.P. Hood. Represented Garelick Farms in
false advertising litigation against H.P. Hood in the United States
District Court for the District of Massachusetts. After hearing,
the Court (Tauro, J.) entered
preliminary injunction enjoining Hood’s television advertisements.
- Galvin, et al. v. Trustees of Boston College. Defended
Boston College in nuisance action brought by abutting land owners
seeking to enjoin certain football game day parking. Superior Court
denied plaintiffs’ request for preliminary injunction and, after trial,
entered judgment in client’s favor on nuisance claim.
- Labrador Software v. Lycos, Inc. Defended Lycos in
trademark infringement action in the United States District Court for
the District of Massachusetts seeking to enjoin
Lycos’ use of a Labrador retriever in its advertisements. The Court
denied plaintiff’s requests for injunctive relief.
- Estate of L. Howe. Represented heirs-at-law in will contest
alleging undue influence and duress. After extensive discovery, case
settled short of trial. Estate valued at several million dollars,
including an original Monet.
- Represented numerous trustees of private and charitable trusts.
Education
Suffolk University Law School, J.D., magna cum laude
University of Massachusetts, B.A.
Admissions
Mr. Kirby is admitted to practice in Massachusetts. He is also admitted to
practice before the First and Ninth Circuit Courts of Appeal and the Supreme
Court of the United States.
Affiliations
He is a member of the Massachusetts and Boston Bar Associations.
E-Mail Address: rkirby@piercemandell.com
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