Litigation


Under the leadership of Bob Pierce, Pierce & Mandell, P.C.'s diverse litigation practice focuses on significant business and insurance litigation for a wide variety of corporations, insurance companies, and individuals.  In addition to Bob, Michael C. Fee, Tom Kenney, Robert L. Kirby, Dennis M. Lindgren, and Suzanne M. Fuchs provide significant experience in all facets of civil litigation.  Our litigation practice areas include the following:

Jury Trials
First and foremost, we are a trial firm.  We have tried numerous cases in state and federal courts, both in Massachusetts and in other states.

Commercial Litigation
We have successfully represented our clients in court proceedings, mediation and arbitration.  We represent clients in contract disputes, collection issues, corporate, partnership and family business disputes and deadlocks, shareholder derivative suits, and governmental regulation matters.  Our clients include individual businessmen and businesswomen, closely-held corporations, and large national and international concerns.

We have successfully handled numerous shareholder freeze-out cases, including the representation of a minority shareholder who was fired from his position at a company. After a trial in June, 2005, the court found for Pierce & Mandell's client and awarded him close to $300,000, with interest.

Also, we recently successfully represented a client whose constitutional rights were violated by a municipality that illegally denied the client's application for various business and entertainment licenses.  The case involved the alleged violation of the client's First Amendment rights.  After a two week trial, the jury awarded the client in excess of $400,000 and the court issued an injunction requiring the Town to issue the licenses requested by the client.

Employment Litigation
This firm represents both employers and employees in all facets of employment disputes, including termination and severance matters, and the enforcement of covenants not to compete and confidentiality agreements.  Our lawyers also have extensive experience litigating workplace discrimination and harassment claims in state and federal courts, as well as the Massachusetts Commission Against Discrimination.

Construction Litigation
We represent both owners and contractors in litigation arising from commercial and residential construction disputes.  Our lawyers have substantial experience in all aspects of construction litigation, including billing disputes, workmanship issues, code enforcement matters, and violations of G.L. c. 93A and G.L. c. 142A.  We have handled construction litigation cases in both the courts and in arbitration proceedings

Appellate Matters
As a full-service litigation firm, we handle cases from beginning to end including, where necessary, the representation of clients in post-trial appeals.  The firm has handled numerous appeals, both at the state level and before the First Circuit Court of Appeals.  We have extensive experience preparing appellate briefs and presenting arguments before the various appellate tribunals.

Business Torts
We handle cases involving allegations of improper conduct in business transactions, including fraud, negligent misrepresentation, interferences with contractual or economic relations, and bad faith and unfair dealing. The firm has represented clients in cases involving claims under special statutes such as federal and state RICO laws, consumer protection laws, and laws relating to unfair trade practices, as well as in shareholder disputes and actions arising from and relating to buying and selling a business. We have also handled a variety of professional liability cases involving accountants, engineers and architects.

Collection Actions
We routinely counsel both debtors and creditors in connection with Fair Debt Collection Practices Act, actions to collect debts, foreclosures, recovery of personal property, defense of consumer credit claims and the enforcement of judgments.

Real Estate
We represent clients in all types of litigation involving real property, including leases, contracts for the sale or purchase of real property, quiet title actions, condemnation, foreclosure, evictions, boundary disputes, adverse possession, easements, title disputes, tax appeals, site plans, special permits and variances, and administrative and superior court appeals.

Probate Litigation
We will routinely represent clients in all phases of probate litigation, including contests, claims by or against estates, breach of fiduciary duty claims, accountings, and probate appeals.

For more information, please contact Bob Pierce at email bobor Tom Kenney at email tom.

 

 

 
Practice Areas:
- Litigation
- Health Law
- Dental Law
- Insurance Defense/Personal Injury
- Business Law
- Intellectual Property Law
- Non-Profit Organizations
- Employment Law
- Real Estate/Land Use