Case Results

Matthew Fogelman Arguing Before the SJC
Matthew Fogelman Arguing Before the SJC

We achieved positive results for our clients in the following personal injury cases, including complex cases, involving:

  • Falls

    • A woman that fell in another’s home due to a defective step.

    • An elderly woman who fell at local pharmacy due to dangerous stairs.

    • A woman who fell during a crowded aerobics class.

    • A prominent female physician who slipped and fell on an unnatural accumulation of ice at a commuter rail station.

    • An elderly man who fell at a physical rehabilitation facility.

    • A woman who broke her arm when she fell down a darkened staircase in Boston.

    • An EMT who injured her ankle after falling down a darkened staircase.

    • A man who slipped on a handicap ramp that lacked proper slip-resistant strips.

    • An elderly gentleman who fell on a handicap ramp that lacked proper handrails.

  • Motor Vehicle

    • Settled Personal Injury Claim for Moped Rider Who Was "Doored" by a Commercial Vehicle.

    • A car crash that caused the victim’s miscarriage of her pregnancy.

    • A young professional woman who was struck by a hit-and-run drunk driver after exiting a taxi in Cambridge.

    • Several automobile crashes that caused the victims back and neck pain.

    • A pedestrian who was struck by a snowplow.

    • A boating crash in which a man suffered severe pelvic injuries and nearly died.

    • A 25-year-old female pedestrian who was struck by an automobile that broke her nose and caused a deviated septum.

    • Represented the parents of a college student killed by commuter rail train in an area near Boston University that was a frequent “hot spot” for students to gather.

  • Sexual Abuse

    • Settled sexual abuse case against victim's father.

    • A woman who was sexually abused, as a child, by her father.

    • A man who was sexually abused through a local youth organization and local municipality.

  • Other

    • Settled case with moving company that damaged plaintiff's property during a move.

    • At trial, on a personal injury claim, a $150,000 verdict against a fast-food restaurant.

    • A male police officer with an injured knee.

    • A burn/scar case for young professional caused by a prominent Boston day spa.

    • Settled an uninsured personal injury claim for male client with back and neck injuries.

    • Represented construction worker who received electric shock because of faulty utility pole wiring; case still ongoing.

We also have significant experience in employment and wage cases, mainly on behalf of plaintiffs, and have achieved positive outcomes for our clients in cases involving:

  • Race/National Origin/Color Discrimination

    • Settled retaliation, disability discrimination, and national origin discrimination case against healthcare provider.

    • Settled national origin discrimination case for employee.

    • Sex discrimination (female) and unpaid commissions case against financial entity.

    • Discrimination against a black man by a large engine aircraft company.

    • Discrimination against a Latino man by a high alloy foundry.

    • Race discrimination against an Asian, female pharmacist.

    • Discrimination against a black woman by a custom uniform company.

    • Discrimination against an Asian woman by a prominent biopharmaceutical company.

    • Discrimination against an African-American woman by a local college.

    • Race discrimination against an Asian woman.

    • Discrimination against an African-American man by a shipping company.

    • Discrimination against a Latina woman by a local spa.

    • Discrimination on the basis of national origin (Moroccan) by a leading technology company.

  • Medical Condition and/or Disability Discrimination

    • Settled case involving Massachusetts' new Earned Sick Leave Law.

    • Discrimination against hearing-impaired employee by insurance company.

    • Medical condition discrimination of an employee by a financial services company.

    • Disability discrimination case for a female manager against a bank.

    • Medical condition discrimination of a dyslexic man by a technology company.

    • Disability discrimination against a police officer by a local college.

    • Disability discrimination case for a teacher against a Catholic school.

    • Medical condition discrimination case for a dyslexic male employee.

    • Disability discrimination against a man by a Newton purchasing company.

    • Discrimination against a male employee, based on his disability, by an insurance company.

    • Disability discrimination case for a nurse against a local college.

    • Disability discrimination against an employee with PTSD by a marketing company.

    • Discrimination against a female employee based on her disability by a care giving company.

    • Discrimination against a truck driver based on his medical condition by a trucking and transportation company.

    • Discrimination and retaliation against an employee based upon his medical condition and for taking FMLA leave by a multinational corporation.

  • Age Discrimination

    • Discrimination against a 63-year-old man by a local materials handling company.

    • Former UPS employee who was wrongfully terminated based on his age.

    • Age discrimination by a large retailer.

    • Age discrimination against an employee by a country club.

    • Discrimination against an employee who had been working as a mental health counselor for over 26 years by a medical facility.

    • Obtained summary judgment in an age discrimination case on behalf of a high-tech company.

    • Successfully represented a local tennis club against handicap disability claim brought by disgruntled worker at MCAD; Plaintiff withdrew claims after club filed Position Statement.

  • Religious Discrimination

    • Religious discrimination case on behalf of an Iranian man.

    • Discrimination against a male employee of Islamic faith by an investment company.

  • Gender Discrimination

    • Pregnancy discrimination against a bank teller by a national bank.

    • Discrimination on the basis of gender against a woman working at a national retailer.

    • Pregnancy discrimination against a domestic worker by her employer.

    • Reverse gender discrimination of a male executive who was fired from a nail salon company.

    • Pregnancy discrimination against a lawyer by a local law firm.

  • Sexual Harassment

    • Settled sexual harassment complaint for male employee.

    • Settled Sexual Harassment Case Involving Longtime Employee in Hostile Work Environment.

    • Sexual harassment of an employee by a department store.

    • Sexual harassment and retaliation case for a woman against a physician.

    • Sexual harassment case for a female client against leading software company.

    • Sexual harassment of a teenage girl by a local fast-food restaurant.

    • Sexual harassment of a young woman by a large pharmaceutical company.

  • Wage & Hour

    • Unpaid tips class action case against parking and transportation services company.

    • Misclassification as independent contractor and loss of benefits by electronic tech company.

    • Unpaid wages and overtime claim against local automobile repair business.

    • Prevailed on offensive summary judgment in Plymouth District Court in an unpaid wage case (commissions) against a printing company.

    • Overtime claims for a male painter.

    • Wage and hour case against two individuals (officers and directors).

    • Independent contractor misclassification and overtime claims for a home child-care provider.

    • Wage and hour case for a culinary director.

    • Unpaid commissions case against a prominent financial advisory company.

    • Overtime claims for a single mother against a healthcare device company.

    • Wage and hour case against an energy company.

    • Several class actions for waiters and bartenders under the “Tips” statute against wedding facilities and banquet halls.

    • Unpaid overtime and unpaid wages case for an employee against a property management company.

    • Wage and hour case, along with a defamation claim, for a social worker against a local clinic.

    • Wage and overtime pay violations for several employees in the staffing industry.

    • Unpaid commissions case against a bathroom remodeling company.

    • Unpaid wages and overtime, and violations of the Domestic Workers’ Bill of Rights against the employers of the domestic worker.

  • Wrongful Termination

    • Wrongful termination case for a midwife against a local hospital.

    • Helped to get job back for female employee improperly terminated by a hotel chain.

    • Wrongful termination in violation of public policy case for a man fired after he complained of illegal activity within the company.

  • Retaliation

    • OSHA workplace safety violations and retaliation case against private high school.

    • Workers’ compensation retaliation case for a male janitor.

    • Retaliation case for male employee who was fired after returning from FMLA leave.

  • Other

    • Settled Case on Behalf of Employee Who Reported Safety Violations at Work and Was Fired.

    • Settled Case against Large Employer Who Failed to Provide Warnings Prior to Mass Layoff Pursuant to WARN Act.

    • Successfully represented local bicycle messenger in Attorney General investigation.

    • Negotiated multiple severance agreements.

    • Negotiated settlements involving non-compete, non-disclosure, and confidentiality agreements.

Significant Experience In Alcoholic Beverage Licensing and Appeals:

Significant experience in defamation/libel and First Amendment law, such as cases involving:

  • A male employee defamed by his employer when they terminated him.

  • An African-American man defamed by a local TV channel.

  • Obtained summary judgment for college journalist charged with defamation by controversial community college professor.

  • Represented a well-known local lawyer against a newspaper that had printed misleading articles.

  • A judge who had been defamed by a local radio station.

Significant business litigation successes, including at trial, involving Class Actions, commercial cases, and Chapter 93A:

  • A legal malpractice case against divorce attorney.

  • Prevailed at summary judgment in federal court class action against large apartment complex (Equity Residential) for multiple violations of Mass. security deposit statute.

  • Homeowners’ suit against a cable company for forgery and switching services without permission.

  • Prevailed at week-long jury trial in Essex Superior Court, representing landlords against Lynn real estate company. Received six-figure verdict for claims including negligence, emotional distress, contract, misrepresentation, and Chapter 93A.

  • Several amenity fee/cleaning fee class action cases against local apartment complexes.

  • Breach of contract claim for an individual male against the Kingdom of Saudi Arabia; case was filed in federal court, Boston.

  • Breach of contract case for administrator against a local college.

  • Prevailed at summary judgment in federal court class action against large apartment complex (Archstone) for violations of Mass. security deposit statute. Click here to watch video

  • A Vietnamese tailor’s (tenant) landlord-tenant claims.

  • A young woman driver’s suit against AAA.

  • At arbitration, obtained victory for clients (pizza shop owners) in financial dispute with former partners.

  • At trial, obtained defense verdict for a car dealership in 93A case.

  • Settled case for a prominent, local company in staffing industry.

  • Represented Vietnamese business owners in Chinatown against landlord in property damage and 93A case; case ongoing.

  • Obtained victory in motion to dismiss on behalf of law firm wrongfully alleged to have withheld evidence in a prior lawsuit.

  • Obtained summary judgment for former board director.

  • Worked on and helped settle case for successful lawyer in fall-out with his partners at a prominent Boston law firm.

Pro-bono and assistance on court appointed cases:

  • Settled case for inmate against Department of Correction and medical provider concerning the provision of appropriate dental services.

  • Represented inmate on habeas corpus petition.