Representative Cases Handled by Our Andover Litigation Attorneys

Examples of Insurance Coverage Cases Involving Claims Ranging from $500,000 to Several Million Dollars:

• On-going representation of one of New England’s oldest and largest manufacturing companies in the successful recovery of more than $7 million dollars (to date) in defense/investigation costs relating to EPA and Department of Environmental Protection enforcement actions directed at contamination of a major reservoir and watershed in Southeastern Massachusetts.
• On-going representation of a leading South Carolina-based safety-mask manufacturer in the successful recovery of more than $20 million in asbestos-related defense and settlement costs.
• Successful representation of major New England glass manufacturer in recovering 100% of defense and cleanup costs incurred in the remediation of a Superfund waste disposal site. This case was successfully resolved following allowance of the summary judgment motion filed by Gilbert & Renton in U.S. District Court.
• Successful representation one of the UK’s largest manufacturing companies in recovering costs incurred in defending several thousand asbestos, silicosis and berylliosis claims alleging that the client negligently manufactured industrial respirators. The case was resolved after summary judgment briefs were filed by Gilbert Renton in U.S. District Court.
• Successful representation of disabled doctor in resisting disability insurers’ attempt to rescind a disability insurance policy. Gilbert & Renton’s client ultimately prevailed before the Massachusetts Supreme Judicial Court, which upheld a trial verdict in favor of their client.
• Successful representation of an individual denied spousal life insurance benefits based on an application error. After prevailing on summary judgment the insurer paid the full two million dollar benefit, plus a premium to settle bad faith claims.

Examples of Business, Commercial and Product Liability Litigation Matters:

• Secured a ruling of first impression in the successful defense of a major RICO/ wiretapping lawsuit brought against a leading New England software/consulting firm.
• Successfully represented Massachusetts wholesale cigarette distributors in the defense of more than fifty product liability actions involving smoking-related illnesses. In addition to uniform success in defense of the distributors against individual liability claims, Gilbert & Renton’s clients successfully obtained a complete release from any liability in the Massachusetts Attorney General’s landmark $5 billion Medicaid suit, as well as a dismissal from a class action products liability action brought on behalf various health and welfare funds.
• Successfully represented Fortune 500 supermarket company in a constitutional law dispute concerning municipal regulation of tobacco and cigarette sales practices.
• Successfully represented majority shareholder of a major restaurant corporation in a $30 million shareholder’s derivative action brought by the corporation’s minority shareholders. The case was favorably resolved following extensive pre- trial proceedings in the U.S. District Court.
• Successfully represented commercial landlord in construction defect claims involving the Northeast’s largest retail pharmacy chain. The case was favorably resolved (including recoupment of lost rent and attorney’s fees) after the motion for summary judgment filed by Gilbert & Renton was granted by the trial court.

Examples of ERISA and Employment Cases:

• Successfully represented class of plaintiffs in enforcing their rights under ERISA to early retirement pension benefits. The plaintiffs secured across-the-board victory in U.S. District Court, including an award of attorney’s fees and costs. The case was resolved following appeal.
• Successfully represented group of defendant law firms and their partners in defending against ERISA breach of fiduciary duty and statutory penalties claim presented by a former associate. The defendants secured an across-the-board victory in U.S. District Court.
• Successfully represented a plaintiff who was subjected to reverse discrimination in his employment at the Internal Revenue Service. The plaintiff secured a substantial jury verdict and award of attorney’s fees in U.S. District Court.
• Successfully represented individuals in buyer claims under ERISA to recover their ESOP benefits.
• Successfully represented a senior manager plaintiff who was subjected to age discrimination at the hands of his employer, a locally-based multinational manufacturing corporation. A favorable settlement was reached just prior to jury deliberations.
• Successfully represented a college official who was subjected to handicap discrimination and deprivation of rights under the FMLA. A favorable settlement was reached mid-discovery.
• Successfully represented numerous executives, officers and upper-level managers in the negotiation of severance packages, stock option buyouts, and other complex compensation matters.
• Secured a ruling of first impression from the United States Court of Appeals for the First Circuit in a case defining the scope of the Fair Labor Standards Act’s anti-retaliation provisions.

Examples of Environmental Matters:

• Successfully represented real estate “Brownfields” developer in receiving complete liability protection in connection with converting former fuel oil depot to residential use. The project involved issuance of the very first Massachusetts Covenant Not to Sue not only to the client but also to the potentially responsible owner and operator of the former oil depot.
• Special appellate counsel to a Massachusetts environmental consulting company in appellate and insurance coverage proceedings arising out of allegations that the client had failed to adequately conduct a Chapter 21E inspection. Retained after the trial court imposed a seven-figure judgment against the client, Gilbert & Renton successfully resolved the appeal and the insurance claim, with the client receiving complete indemnity.
• Successfully represented New England real estate developer in administrative proceedings and private negotiations concerning illegal dumping of contaminated fill from a Superfund site in Beverly, Massachusetts. The client obtained (i) an expedited cleanup and permitting processes to enable the real estate development to proceed on schedule, and (ii) cost-recovery on behalf of his client from the responsible parties as well as the client’s insurance company.
• Successfully represented land trust in securing cost-recovery from a demolition company which had buried contaminated “fill” at the property.
• Continuing representation of licensed site professionals (“LSPs”) in professional disciplinary proceedings before the Board of Registration of Hazardous Waste Site Cleanup Professionals (the “LSP Board”).
• Continuing representation of homeowners faced with oil spills from home heating systems, including in securing insurance coverage and controlling the costs of cleanup.

Examples of Intellectual Property Matters:

• Successful representation of a small company that was targeted by a Fortune 500 company for acquisition, and ended up having its intellectual property invaded when the deal was not consummated.
• Successful representation of an individual who as an employee of a Fortune 100 company that invented software that the company acknowledged belonged to him, but then tried to retain for its own purposes without providing fair compensation after the employee left the company.

Examples of Administrative Law Cases:

• Lead counsel on behalf of non-profit educational institution that has been wrongfully denied a five-year, $1 million adult basic education grant despite its superior qualifications for funding. Following a four-day administrative trial before the Massachusetts Department of Education, the case was successfully resolved in negotiations.

Representative Published Decisions:

• John Hancock Mutual Life Ins. Co. v. Banerji, 447 Mass. 875, 858 N.E.2d 277 (2006) (case of first impression, SJC upholds policyholder verdict in rescission action).
• Cary v. Board of Governors of Kernwood Country Club, 337 F. Supp. 2d 339 (D. Mass. 2004) (secured dismissal of wrongful death claim against member-owned and governed country club based on work comp exclusivity).
• Eggert v. Merrimac Paper Co., Inc. Leveraged Employee Stock Ownership Plan and Trust, 311 F. Supp. 2d 245 (D. Mass. 2004) (case of first impression, defeated motion to dismiss fiduciary duty claims under ERISA).
• Sampson v. Rubin, 2002 U.S. Dist. LEXIS 20877 (D. Mass. Oct. 29, 2002), 29 Employee Benefits Cas. (BNA) 1293 (successfully limiting the scope of remedies available to plaintiffs under ERISA).
• Eagle Inv. Sys. Corp. v. Tamm, 146 F. Supp. 2d 105 (D. Mass. 2001) (successfully limiting the scope of civil liability and remedies under various federal anti-wiretapping statutes).
• Wajda v. R.J. Reynolds Tobacco Co., 103 F. Supp. 2d 29 (D. Mass. 2000) (successfully defended in-state distributors against individual smoker’s product liability claims).
• Valerio v. Putnam Assocs., Inc., 173 F.3d 35 (1st Cir. 1999) (defining the scope of the anti-retaliation provisions of the Fair Labor Standards Act).
• Massachusetts Laborers’ Health & Welfare Fund, by and Through its Trustees v. Philip Morris, Inc., C.A. No. 97-11552-GAO, 1998 U.S. Dist. LEXIS 22501 (D. Mass. June 19, 1998) (successfully defend in-state distributors against tobacco-related class action suit).
• White v. Ransmeier & Spellman, 950 F. Supp. 39 (D. N.H. 1996) (successful defense against novel theories of employee liability under state law).