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2020
Lawyers
of the
Year
B2 | Massachusetts Lawyers Weekly | February 15, 2021 www.masslawyersweekly.com
ANDREW M. ABRAHAM
Keches Law Group
MERRILL SHEA
M
ilton personal injury attorney Andrew M. Supreme Judicial Court. That was denied. The this file. The note says: “The indication has always
Abraham hopes his 2020 victory in a battle actual decision of the Appeals Court sent the case been that [the plaintiff] is in desperate need of
royale against an insurance industry giant back to determine whether the damages should money so this might [have] been a consideration. …
will inspire other members of the plaintiffs’ bar to be doubled or trebled. That hearing was set for It was agreed that if and when [plaintiff ’s counsel]
be more dogged in their pursuit of unfair settlement September, and the case was settled about a week calls [defense counsel], that [defense counsel] would
practices claims. before that. feel him out [and] he would do so by indicating that
In April, the Appeals Court ruled in Chiulli v. Liberty The settlement was confidential, but I can tell you we might go [with an] appeal. This might take the
Mutual Insurance, Inc. that the insurance company the [underlying] judgment was $4.5 million, and wind out of his sails.”
could not use its excess insurer’s offer to settle an the trial court was to determine whether to double
underlying personal injury claim as a defense against a Q. What was Liberty’s argument that excess
or triple that. In addition to that, I had more than
claim alleging unfair settlement practices. $500,000 in attorneys’ fees and $60,000 in costs. I insurer Everest’s $5.5 million offer to settle the
“Settling the underlying insurance claim, even laid out to Liberty the upside and the downside of federal case in January 2013, which was within
within thirty days of a c. 93A demand letter, that, and we were satisfied with the settlement. 30 days of one of the plaintiff’s 93A demand
does not necessarily resolve the associated c. 93A letters, relieved Liberty of liability for unfair
claims, as those claims allow a plaintiff to remedy Q. Why is the Appeals Court’s decision in the settlement practices?
the separate harm caused by the insurer’s unfair case important? A. Liberty was saying it was a joint tender. That was
settlement practices,” Judge Gregory I. Massing A. The case has more far-reaching impact than always their defense. I always thought this couldn’t
wrote for the panel. just getting my client a lot of money. Both the trial be what 176D or 93A is about. You can’t have an
That decision prompted Liberty Mutual to court and the Appeals Court found what Liberty insurance company drag this guy through the mud
settle the Chapter 93A claim brought against it by did to be as a matter of law a willful and knowing for years.
Abraham’s client, Robert Chiulli. violation of 176D. Years before this they were The fact that the [federal] jury found Liberty’s
The plaintiff suffered a traumatic brain injury in a investigating my client’s finances. If you look at the insureds 90 percent at fault was not a surprise. The
Liberty [claim] file, case was very strong to begin with. The guy was in a
“A lot of people will send out 93A they found out that coma for three months and when he woke up from
my client was being
letters and then not pursue the 93A sued by the hospital
his coma thought he was 19 years old and that his
daughter was his wife. This guy was very seriously
case. You have a lot of dogs barking for his medical bills.
They found out that
injured and had $600,000 in medical bills. They let
this guy languish. They made no offer before trial.
but not biting.” he put his home up
for sale. They found
Their biggest offer before the verdict was $150,000.
out that he put his car up for sale. They knew he was Q. Do you believe Chiulli will have any impact
brawl that occurred in 2008 outside a restaurant on
Newbury Street in Boston. Alleging that his injuries unemployed. They knew his financial situation was on the way insurance companies conduct their
stemmed from an altercation that began in the desperate. business going forward?
restaurant’s bar, the plaintiff sued the restaurant’s owners Even after the verdict, after the jury had spoken, A. The little ones, maybe. But Liberty, Allstate, Geico,
for negligent security practices. In October 2012, a they were determined to use that fact as leverage. Travelers make so much money by delaying claims
federal jury awarded Chiulli $4,494,665.83 in damages. What I said to the Appeals Court is, “What I’m and holding out payment that my client’s award of
The plaintiff then sued Liberty, the restaurant’s asking you to do is to find when an insurance punitive damages is a drop in the bucket with these
liability carrier, alleging the insurer had violated company tries to take advantage of a guy who guys.
Chapters 93A and 176D by engaging in unfair and is brain-damaged and broke to leverage a better
Q. Massachusetts’ unfair settlement practices
deceptive settlement practices by refusing to provide settlement, that is unfair. That is not right.” The
statutes provide consumers with robust reme-
Chiulli with a reasonable settlement offer once its Appeals Court agreed.
dies. Don’t you think a case like Chiulli will at
insured’s liability became reasonably clear. least rein in the way insurance companies prac-
Q. What was the key to proving Liberty commit-
“I hope this case encourages attorneys to hold tice in the state?
ted a willful and knowing violation of 176D?
insurance companies’ feet to the fire,” Abraham says. A. You would think so, but this is a call out to the
A. I was lucky in the sense that Liberty put [its
*** post-trial settlement strategy] in a note in their plaintiffs’ bar: It’s only a tool if you use it. A lot of
Q. The case has settled since the Appeals Court’s claims file. The note was entered about a week after people will send out 93A letters and then not pursue
decision? the [federal jury’s] verdict. The [defense] lawyer, the 93A case. You have a lot of dogs barking but not
A. It was settled in September. Liberty filed a the excess carrier [Everest Re Group], the claims biting.
petition for further appellate review with the adjuster and the adjuster’s manager were all in on — Pat Murphy
We are very proud to join Massachusetts Lawyers Weekly
in honoring our colleague ANDREW ABRAHAM
as a 2020 Lawyer of the Year.
We commend Andrew and all of this year’s honorees
for their outstanding accomplishments.
Workers’ Compensation · Personal Injury · Medical Malpractice · Social Security Disability · Employment Law
508-822-2000 · KechesLaw.com
B4 | Massachusetts Lawyers Weekly | February 15, 2021 www.masslawyersweekly.com
JOHN J. BARTER
Sole practitioner
SHARON L. BECKMAN
Boston College Innocence Program
JOHN J. BARTER AND SHARON L. BECKMAN WITH CLIENT FRANCES CHOY (CENTER) MERRILL SHEA
O
n Sept. 29, 2020, Frances Choy walked out of Q. What was your first step in working toward Q. How should instances of prosecutorial bias be
prison after spending 17 years behind bars for Choy’s exoneration? handled by the courts?
first-degree murder and arson following the BARTER: As soon as the guilty verdict came in, BECKMAN: Racial bias against a defendant by the
death of her parents in a house fire. [Choy’s trial lawyer] Joseph Krowski called me trial prosecutor is such a flaw in the foundation
Waiting for her in the parking lot were Boston and asked if I would agree to take the case. I began of the system that it should be considered to
solo John J. Barter, Sharon L. Beckman, director of working on the case for a few years, trying to get be structural constitutional error. The explicit
the Boston College Innocence Program, and other various information and transcripts. I ran into record of anti-Asian discrimination alone should
members of the defense team that worked for years Sharon and told her about the case, and that’s when automatically vacate Frances’ conviction. While the
on getting Choy’s two life sentences vacated. the BC Innocence Project became involved. judge didn’t reach the constitutional issue, for me
On April 17, 2003, Choy was 17 years old and BECKMAN: When John discussed the case with me personally it helped to understand how a 17-year-
looking forward to her senior prom and attending and said he believed in Frances’ innocence, I knew old high school student with no history of any crime
college in the fall. But a fire at her Brockton home he wouldn’t be saying that if she wasn’t innocent. or behavioral problem ends up in jail.
that night resulted in the deaths of her parents, Our main action item at the time we teamed up was
Jimmy and Anne Trinh Choy, and left her orphaned, Q. Could Choy’s case lead to systemic change?
the remaining factual investigation. We were waiting
homeless and facing criminal charges. BARTER: We can hope so. The tide really turned on
on more discovery, and then we had to pull it all
After two mistrials, she was convicted at her third this case in 2019 when a new ADA was assigned
together to draft our motion for post-conviction
trial and sentenced to life without parole. to the case and we received thousands of pages of
relief.
But Superior Court Judge Linda E. Giles vacated
discovery that had not been provided in the previous
the convictions on Sept. 17, citing multiple Q. When did you realize that you had a claim of five years, despite court orders. Sometimes a change
problems with the case, including prosecutorial racial discrimination on your hands? begins with one person who does what the law
misconduct, with documented evidence of racial BARTER: As discovery went on over several years — requires them to do. I’m an eternal optimist. The
bias against Choy. the court wouldn’t allow funds to be expended for primary objective for prosecutors should be to see
Giles wrote in her order that prosecutors made the purchase of the transcripts of the first two trials, justice done, not to have one more conviction on
so I had to purchase your list or one more affirmed conviction on your list.
“It is so overwhelming watching those myself and it
took several years for
BECKMAN: The Boston College Innocence Project
is part of a statewide group working to produce
someone who was wrongly them to be completed
— I had outlined
a report that will recommend best practices
for every DA’s Office and the AG’s Office. Our
incarcerated and locked up about a dozen or so
issues for the motion.
goal is to produce the report by this spring with
recommendations and best practices about how to
for 17 years walk out of prison.” When Sharon came
along and looked at
identify wrongful convictions that have occurred
— and prevent them from happening in the future.
the racially biased No one case stands alone, and each case is a really
racist jokes about Asians, mocked caricatures of emails, she formulated what I considered to be a important learning opportunity for all of the actors
Asians using imperfect English, and exchanged brilliant argument on racial bias that went from in the system. I do have hope about reform both in
numerous images of Asian people, some 12th in my memo to first. It really set the stage Massachusetts and beyond.
accompanied by pejorative comments. for understanding the case in so many ways. And
Choy is the first woman of color exonerated in listed first, it provided perspective on all the other Q. What impact did the pandemic have on the case?
Massachusetts since 1989, according to the National issues. This was really a case where we could have BARTER: We were on a Zoom call with Frances
Registry of Exonerations, and the state’s first Asian- succeeded on multiple issues. There were jury when we found out [that the government wasn’t going
American exoneree. instruction issues, closing argument issues, Brady to oppose the motion for post-conviction relief]. She’s
Friends since 1981, Barter and Beckman issues. And when you see a case that has so many there in a little box on the screen, and there was
became involved in the case in 2011 and 2016, failures and shortcomings, it really paints a picture no chance to go out for ice cream or shake hands.
respectively, and formed a team to work toward of an innocent person. These are the times we live in.
Choy’s exoneration. Included on that team were BECKMAN: There really was a laundry list of system BECKMAN: I’m looking forward to the vaccine and
Sarah Carlow, a 2020 BC Law student, and BC Law failures. And unfortunately, the factors in Frances’ a time when the whole team can be together with
Professors Charlotte Whitmore and Claire Donohue. case are well known as factors contributing to Frances and her family to celebrate the end of the
“I’ve been involved with other exonerations and wrongful convictions nationwide. There was an nightmare. I will say that seeing her re-inhabit
there is nothing else like it in the law,” Beckman incentivized accusation by an immunized absent her own life has been the most rewarding and
says. “It is so overwhelming watching someone who witness; faulty forensics; exculpatory evidence beautiful aspect of this experience. I look forward to
was wrongly incarcerated and locked up for 17 years pointing to a different perpetrator; a false, retracted everything that happens next for her. It won’t all be
walk out of prison.” alleged confession; multiple judicial errors; and, rosy, but it will be really beautiful to watch.
*** very disturbingly, prosecutorial misconduct. — Correy E. Stephenson
www.masslawyersweekly.com February 15, 2021 | Massachusetts Lawyers Weekly | B5
PATRICIA A. DeJUNEAS
Sibbison, DeJuneas & Allen
VICTORIA KELLEHER
Sole practitioner
VICTORIA KELLEHER (LEFT) AND PATRICIA A. DEJUNEAS MERRILL SHEA
T
he Department of Corrections called them that it was an issue that was going to clear up within discovered that there were many prisoners whose
necessary measures to restore order after a a day. legal documents were taken away, and nobody
violent attack on Jan. 10, 2020, that sent four Then, again and again, people were going down knows where they are.
guards from the Souza-Baranowski Correctional there, and they were being turned away at the We’ve had a couple of status conferences with
Center in Shirley to the hospital. gate. They were not being forthright with us. In the court. We’ve been trying to work through a
But word quickly spread among the criminal fact, I would say they were intentionally giving number of issues with DOC, but not finding much
defense bar about how disproportionate the us misinformation, delaying the ability for us to reciprocity. So, I expect that we’ll probably be back
response by corrections officials had been. Not effectively advocate for our clients. in court.
only were inmates — even those who had nothing DeJUNEAS: The defense bar as a whole was very
to do with the attack — brutalized, but they Q. How could the court system have responded
conscious of the Jan. 10 assaults on correctional
better to COVID-19, specifically as it relates to
had communications with their counsel cut off officers, and there was a fear that there was going to
incarcerated people?
completely and their legal paperwork confiscated. be retaliation against the prisoners at Souza. When
KELLEHER: The right to counsel has been really
Boston attorneys Victoria Kelleher and Patricia they locked us out, it had a greater sense of urgency
problematic for clients throughout COVID. Being
A. DeJuneas believed it was a clear violation of than it would in any other situation because we were
able to meet with our clients via videoconference has
the inmates’ constitutional rights to assistance of just waiting for the other shoe to drop.
been very helpful, but there are still some facilities
counsel and access to the courts. The beatings that were throughout the entire
that don’t allow us to do that.
On Feb. 28, 2020, Superior Court Judge Beverly prison should have been videotaped [under DOC
Originally, MACDL and CPCS filed litigation
J. Cannone agreed, granting an emergency motion policy]. They almost got away with it because most
related to COVID within the facilities. We were able
for a preliminary injunction and ordering visits to people’s injuries had already started to heal or fully
initially to get a lot of people out who were held
resume and the paperwork returned. healed by the time we were let back in. With my
pre-trial, but we were unsuccessful largely in getting
Of course, the gravely serious challenges for client, I just happened to have my camera, and
people out who were convicted of their charges,
inmates at Souza Baranowski and throughout the his wounds had not fully healed yet because they
despite the fact that they would be parole-eligible
were burn
within a certain period of months.
“Obtaining the injunction has inspired marks from a
Taser. Because
Although there was an initial push to get people
out who are held pre-trial, we’re seeing now that
[prisoners at Souza Baranowski] to limit I was able to
document that,
those numbers have gone back up. In fact, some
facilities are actually incarcerating people at higher
their fighting back against DOC to proper it helped to
establish what
rates now than they did pre-COVID.
and legal means. They had never had any had actually
happened and
Q. What else will you be focusing on in 2021?
DeJUNEAS: I’ve got a client, for whom I’m co-
hope for those sorts of efforts making a what was still
going on.
counsel, who has a petition for clemency. We have
been mortified by the lack of any action whatsoever
difference. Now, they do have that hope.” Q. At the by the Baker administration — and to be frank,
hearing before most governors that preceded him — on clemency.
Judge Cannone, how important was the inmates’ This is an area where I will give the Department of
state did not end there, as COVID-19 infections
testimony? Corrections credit. There are dozens of prisoners,
soon began to spread among inmates and staff alike.
KELLEHER: Prisoners generally don’t have the ability both men and women, in the system right now who
Kelleher, president of the Massachusetts
to come in and talk to the court about what’s going have been fully rehabilitated.
Association of Criminal Defense Lawyers, and
on with them. This has been an opportunity for KELLEHER: Before COVID came along, issues of
DeJuneas have been active, too, in urging the state
them to feel like their voices are heard. I know from racial justice were at the forefront, as were increases
to depopulate the state’s jails and prisons before it’s
my client and others that obtaining the injunction in the rates for bar advocates, which are definitely
too late.
has inspired them to limit their fighting back low. We are amongst the lowest paid around
*** the country in terms of the hourly rate for bar
against DOC to proper and legal means. They had
Q. When you did you first realize there was an advocates, and those bar advocates who take murder
never had any hope for those sorts of efforts making
issue at Souza Baranowski? a difference. Now, they do have that hope. cases have not seen a rate increase in decades.
KELLEHER: Massachusetts has an incredibly collegial On racial injustice, there are a number of projects
group of criminal defense lawyers who are often Q. But litigation regarding Souza Baranowski that we’re working on. We’ve seen a huge increase in
in touch with each other through a variety of ways, isn’t over, right? our ability to use FOIAs to get data about situations
and it became apparent that Souza Baranowski had DeJUNEAS: Rebecca Jacobstein [of the Committee and people that can be really helpful to our clients.
stopped permitting lawyers to enter their facility. for Public Counsel Services] and I went to Souza to That’s going to have an impact on our ability to
There was no explanation. As president of MACDL, investigate compliance with the injunction. Shortly litigate issues of racial justice.
I decided that I would give them a call. I was told after, we filed a complaint for contempt because we — Kris Olson
B6 | Massachusetts Lawyers Weekly | February 15, 2021 www.masslawyersweekly.com
SUSAN M. FINEGAN
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo
MERRILL SHEA
I
mmigration and Customs Enforcement officers important matter. help the incredible team of lawyers and staff at [legal
arrested Gilberto Pereira Brito, a 39-year-old services organization Proyecto Dilley] with strategic
painter who had been in the United States since Q. What was the crux of your argument? litigation and research, and we have tried to make a
2005, at his Brockton home on March 3, 2019. For the A. We brought a class action to show that that burden difference in that way.
next four months, Brito would be separated from his of proof should really rest with the government to
three young children and disabled wife. show that someone is a flight risk and someone is a Q. How has the pandemic affected the work of
A major challenge for Pereira Brito — and other danger to the community. A lot of these detainees are the Access to Justice Commission?
plaintiffs who joined the class action bearing his name in ICE detention facilities with no access to lawyers A. Right before the state went into lockdown, the
— was that he bore the burden at his bond hearing of and no access to their records, and the government has commission formed a COVID-19 task force. Over
access to those records and therefore should bear the 140 people volunteered to help with three initiatives.
proving that he was not a danger to the community or
burden of proof. One thing we tried to do was reach out to our legal
a flight risk if he were to gain release from custody.
services partners around the state and come up with
Susan M. Finegan, chair of Mintz, Levin, Cohn, Q. How quickly did Judge Saris’ decision change a COVID-19 portal for the Massachusetts pro bono
Ferris, Glovsky & Popeo’s Pro Bono Committee,
the way bond hearings are conducted? website [massprobono.org] and promote that amongst
assembled a team that, together with the ACLU
A. We held training for over 100 pro bono attorneys attorneys throughout the state so that there could be
of Massachusetts, successfully argued that such
about a year ago today to assist ICE detainees with one place to go to find opportunities and one place for
a procedure violated the Fifth Amendment, the
habeas petitions and bond hearings. At the same time legal services organizations to find lawyers and law
Administrative Procedure Act, and the Immigration
we held this pro bono training, the Immigration Court students, too.
and Nationality Act.
and the government attorneys also held training on A second committee focused on accessing the
Almost overnight, U.S. District Court Judge Patti
the decision’s impact, I believe, on a Friday. Then by courts. Chief Justice Gants and I both were concerned
B. Saris’ ruling in late 2019 brought a new level of due Monday, everything in court had changed. that litigants, particularly those representing
process to the circuit’s immigration courts, though it is
themselves, couldn’t access the court functions when
currently under review by the 1st U.S. Circuit Court of Q. How was your “vacation” in Dilley, Texas? court buildings were closed.
Appeals. A. I felt like I could make a difference volunteering
Since then, we’ve been meeting with the various
As Finegan continues working on immigration for the legal services program at the family detention
court leaders, bar associations and law schools to
issues, her resolve has been steeled by a trip to the facility there last December. But what I found was, it
collaborate on solutions to these access issues.
was extremely difficult
The last committee was working on trying to distill
“The government and the Immigration to help these desperate
women and children.
all the emergency court orders that were coming out
on a daily basis. What did they mean? How did they
Court held training, I believe, In Immigration
Court, where
impact people?
Social service advocates were also clamoring for
on a Friday. Then by Monday, judges reviewed the
underlying credible
such information, so we created informative videos
and put on webinars, which drew about 700 people
everything had changed.” fear interview
determination by the
to learn about what was happening with housing and
family law, for example.
asylum officer, the
judges had discretion whether lawyers could even talk, Q. How would you assess the response to the
country’s largest immigration detention center for
and many didn’t allow it. So, my clients were coming in eviction crisis?
families in Dilley, Texas, about 85 miles from the
thinking that they were represented, when a lot of the A. My last conversation with Chief Justice Gants was
Mexican border. time I wasn’t even given the opportunity to advocate the morning of his death, strategizing on ways to deal
Another large part of Finegan’s professional life is on their behalf. with the looming eviction crisis. Since then, I have
her service as co-chair — alongside Supreme Judicial For a lot of the women and children who received been part of a small group of people working the
Court Chief Justice Ralph D. Gants, until his untimely a negative judicial decision, I knew that the next executive branch on its eviction diversion initiative. I
death — of the Access to Justice Commission, work morning at 6 a.m. they would be put on a bus and think the state is in much better shape than we would
that has taken on a new urgency due to the COVID-19 dropped off at the other end of the bridge, on the have been had this not been focused on in this way,
pandemic. Mexican side of the border, still wearing their mono- but there’s a lot to be done.
*** colored garb from the detention facility. The cartels One of the hugely positive things is that we’ve
Q. How did the Pereira Brito case come together? knew that when people got dropped off in those recruited about 22 law firms and in-house counsel
A. We had worked closely with the ACLU of uniforms, they could kidnap them and seek ransom departments from the Boston area to volunteer for
Massachusetts on the travel ban litigation four years money from relatives. this work in a matter of weeks, and they’re about to be
ago. When this case came up for them, they reached The positive side to this disheartening experience is deployed to various regions in the state to help provide
back out to us. We jumped in and put together a that, since I’ve come back to Boston, we put together pro bono legal services to tenants.
team of people who were very eager to help on this a team of about 10 attorneys who are continuing to — Kris Olson
Celebrating
Our Best
Mintz congratulates our esteemed
colleague and friend, Susan Finegan, on
being named a 2020 Lawyer of the Year
by Massachusetts Lawyers Weekly.
Susan Finegan
Member
mintz.com
Boston | London | Los Angeles | New York | San Diego | San Francisco | Washington
© 2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C
B8 | Massachusetts Lawyers Weekly | February 15, 2021 www.masslawyersweekly.com
SOPHIA L. HALL
Lawyers for Civil Rights
MERRILL SHEA
S
ophia L. Hall never wanted to be a lawyer — Hall’s litigation quickly resulted in internal policy about police reform — I fundamentally believe that’s
even while she was in law school. changes that make child care worker bans based on because people had no choice but to sit there and
“I wanted to be an ambassador,” Hall says. certain types of juvenile charges discretionary, rather listen. Then, the desire to do something came around.
“Somebody told me about them when I was very, very than automatic, as well as the institution of mitigation If it was a normal world, you might have seen a quick
young, and the idea of traveling all around the world, and appeal processes. tweet on Twitter, you might have seen a news alert on
being involved in government, [having] immunity, Hall says the case is now nearing a final resolution your phone, but realistically you wouldn’t have just
having somebody pay for your car and house, learning that will include more formal changes to state law and been inundated in it in the way we have been with this
these languages — it was just the most fascinating regulations. pandemic.
thing I had ever heard of.” *** This has been an atmosphere that has allowed civil rights
Hall thought a law degree would make her a more Q. What sort of challenges did 2020 bring that lawyers to be really effective. People want to talk about
attractive candidate for the Foreign Service so she you believe were unique to your work or the racial justice. People want to talk about social justice and
enrolled at Boston College Law School. clients you serve? inequities. They want to talk to talk about systemic racism.
But then something happened. In her first year, A. There’s something very challenging about being
Q. Within weeks of Floyd’s death, LCR publicly
opportunities “to work with real people and to help a litigator who can’t go to court because courts are
released a letter to the Worcester Police De-
resolve problems” came her way, and she was hooked. closed. And there’s something challenging about being
partment demanding the proper investigation of
“I found myself feeling really rewarded and validated a client-centered lawyer — which is what I consider
an alleged hate crime against Latoya Lewis, a
by being able to give people information they didn’t myself — who is very engaged in the community,
Black mother who claimed she was the victim
have, and access they didn’t have, and a voice they whose work comes from people, when people aren’t
of a verbal assault and violent altercation with
didn’t have. Once it happened, there was no turning really connecting and engaging in the same way.
a white gas station attendant. Why was this
back,” she says. One of the things I think early on people decided was
an important episode to highlight, and how did
Hall started her unexpected legal career at the AIDS an impossibility was being able to resolve cases. I think a
things turn out?
Action Committee of Massachusetts, before joining lot of people thought with courts closed, that things are
A. There was a dispute about the fact that he overcharged
Lawyers for Civil Rights in Boston in 2016. just going to sit there until this stuff figures itself out.
her. He wasn’t paying attention. The gas tank overflowed,
I had a case where I
was working with some and there was gas spilling on the ground. Ms. Lewis asked
him not to charge her for the spilled gas and to make the
“This has been an atmosphere that women [for whom]
English wasn’t their first correction. It infuriated him. It resulted in him kicking
the car, saying things like, “Your kind can’t get service
has allowed civil rights lawyers language. They didn’t
have any Internet or here anymore.” She has a young teenager, and at one point
while this is happening, [the attendant] goes to confront
to be really effective.” computers at home,
and they weren’t the kid, which obviously causes Ms. Lewis a lot of fear.
sophisticated, per se. So she throws something at him, a perfume bottle or
Trying to think about something. It doesn’t hit him. She jumps in her car and
doing a virtual mediation for these clients was almost speeds off.
With issues of social and racial justice increasingly She goes through a lot of hoops and hurdles just to
at the forefront of civic discourse and the COVID-19 an impossibility. It’s just not something you can facilitate
with a particular sector of the public. get this reported and then finds out they’re going to file
pandemic exacerbating the challenges faced by those charges against her as well because they’re alleging she
already less fortunate, “it’s a good time to be a civil We put together this plan where we were able to
get pre-tested, quarantine, and then set up the office assaulted the attendant by throwing the perfume bottle.
rights lawyer,” Hall observes. All she wanted was just to document this experience,
in a way where there was social distancing and the
In one of her most prominent cases, Hall brought a have it investigated, and decide whether or not charges
mediator could be up on a projector. We put the
class action against the state in 2019 alleging that new should have been brought against him. She hired me to
clients each in their own individual office. Everybody
background check regulations for child care workers were write a demand letter for that to be done, and we did that
had masks. And we were there for almost a 10-hour
overly broad, discriminatory, and, in some cases, forcing very publicly. Eventually, they did issue a report but filed
day. And that was the way that we got through our
early childhood educators with decades of experience out charges against her as well as him. Not the best outcome.
mediation and were able to resolve our case. It took a
of their careers for dubious reasons. The new regulations Hate crimes happen, but then, once you get
little bit of creativity. It took a lot of flexibility. But even
allowed state officials to review a broader set of records, traumatized and victimized by that, you get re-
in this world we were still able to make advances and
including juvenile records, and gave them the power to still push the work forward. traumatized and victimized by the fact that you can’t
ban individuals from working in the industry. even get access to the systems that are supposed to
The named plaintiff in Hall’s case, Tara Gregory, Q. Any silver linings to 2020? support you and hold these individuals accountable.
was ousted from her job after 20 years in early A. I think we’ve seen a lot of really hot-button issues that Why should people have to fight so hard for systems
childhood education because, as a teenager, she got have been amplified in a way that I don’t believe would that are designed to do exactly that?
into a fight with a group of girls, allegedly kicked one, have happened. The pandemic forced us in some ways I got her connected with a criminal defense attorney
and ultimately pleaded guilty to assault and battery to sit still and be inundated with news and information. and the charges got dismissed. But unfortunately they
with a dangerous weapon. The new regs included no The response we saw from the killing of George also dismissed the charges against the gas attendant.
mechanism for Gregory to appeal. Floyd — the activism, the community engagement — Brandon Gee
www.masslawyersweekly.com February 15, 2021 | Massachusetts Lawyers Weekly | B9
STEPHEN D. JUDGE
Hemsey Judge
MARK G. MILIOTIS and ELLIOT M. WEINSTEIN
Sole practitioners
FROM LEFT: STEPHEN D. JUDGE, MARK G. MILIOTIS AND ELLIOT M. WEINSTEIN MERRILL SHEA
A
trio of criminal defense attorneys notched an video surveillance of a home, the 1st Circuit reaffirmed warrantless activity under Article 14 than we would
historic win in the Supreme Judicial Court in the principle that an individual does not have an get under the Supreme Court’s interpretations of the
2020 on behalf of privacy rights. expectation of privacy in items or places exposed to Fourth Amendment.
Salem lawyer Stephen D. Judge and Boston’s Mark G. public view.
Miliotis and Elliot M. Weinstein represent defendants Q. Was the toughest argument that you had to
“For me, there’s just a sense in your gut that this is
charged with being members of an alleged drug address the fact that the pole cameras were
unreasonable state action,” said Judge, who argued
distribution network in Essex County. Evidence to recording only what was already in public view?
Mora before the SJC. “How can the police, without any
secure indictments was obtained by police using pole JUDGE: It was. Certainly it was the government’s
judicial intervention or any finding of probable cause,
cameras directed at the homes of suspected members position and the trial court’s position. Because of
post an invisible camera outside anyone’s home and
of the drug ring. the long use of this type of technology in federal
collect all of that data?”
Judge represents Nelson Mora, whose home in Lynn investigations, and because in various cases across
***
was subjected to 169 days of continuous pole camera the country the courts had upheld [such surveillance]
Q. The SJC remanded the matter to the Superior
surveillance. Miliotis represents Randy Suarez, whose relying on the public view doctrine, it was just accepted.
Court to determine whether police had probable
home in Peabody was subject to 62 days of pole camera cause at the time they installed the pole camer- Q. What was one of the more interesting ques-
surveillance, and Weinstein is counsel to Lymbel as. Has that issue been decided? tions you fielded during oral argument?
Guerrero, whose home was searched pursuant to a MILIOTIS: No. The posture of the case is that we’re JUDGE: One of their questions to me was why this
warrant based on evidence obtained in the course of awaiting a hearing at which the government will have issue was just getting to the SJC. The 1st Circuit ruled
pole camera surveillance of other defendants’ homes. an opportunity to establish probable cause by affidavits in Bucci over a decade ago. [The justices asked,] “Why
The SJC in Commonwealth v. Mora reversed the and testimony. is this issue here for the first time?”
denials of motions to suppress brought by the three
defendants. Q. Why is this case important? Q. How did you answer that question?
In its Aug. 6 decision authored by Justice Barbara WEINSTEIN: This case reaffirms the sanctity of an JUDGE: New technologies are used on the federal
individual’s home, and level first. [Privacy issues relating to] surveillance
it establishes for the
“How can the police, without any first time the warrant
cameras and security cameras have been around for a
while. But law enforcement in this state in state-level
judicial intervention or any finding requirement when law
enforcement wishes to
investigations hasn’t historically employed as many
intensive surveillance mechanisms, such as this type of
of probable cause, post an invisible intrude on the privacy
of an individual’s
targeted video surveillance.
I’ve done criminal defense for 25 years, and search
camera outside anyone’s home and home using video
surveillance that
and seizure is 95 percent of my work. I hadn’t come
across a case where there was targeted, around-the-clock
collect all of that data?” captures all of the
activities around
video surveillance of a home in a state prosecution.
the outside of a Q. Would the outcome in Mora have been differ-
A. Lenk, the court held that the continuous, long- home and all of the movements in and out of the ent had police in a stakeout at a home across
term pole camera surveillance of residences constitute home. Law enforcement uses bits and pieces of the street been manning the cameras?
a “search” within the meaning of Article 14 of the information [obtained by video surveillance and JUDGE: That hypothetical is very similar to a question
Massachusetts Declaration of Rights. other technologies] to establish a person’s pattern of that Justice [David A.] Lowy asked at oral argument.
“If the home is a ‘castle,’ a home that is subject to movements or “mosaic,” as described by the SJC. The distinction between the stakeout and what
continuous, targeted surveillance is a castle under happened here is that the technology evades all the
siege,” Lenk wrote. “Although its walls may never Q. Given the weight of federal case law applying practical obstacles that the government has in invading
be breached, its inhabitants certainly could not call the Fourth Amendment, did you expect Article 14 our privacy.
themselves secure.” to be your clients’ most likely avenue of relief
In so ruling, the SJC departed from the Fourth before the SJC? Q. What does the decision in Mora mean to you
Amendment analysis applied by the 1st U.S. Circuit WEINSTEIN: Leading up to our litigation, Judge on a personal level?
Court of Appeals and other federal courts. In its June Young in the District of Massachusetts had allowed a MILIOTIS: Joe Balliro trained me and was a big
2020 decision in U.S. v. Moore-Bush, the 1st Circuit challenge to video surveillance under the expectation- influence in my career. He was probably the greatest
had reversed U.S. District Court Judge William G. of-privacy standard of the Fourth Amendment. But criminal trial lawyer in Massachusetts history.
Young’s 2019 order granting a motion to suppress in then the 1st Circuit rejected Judge Young’s analysis. We dedicated this case to him. In training me, he
a Massachusetts pole camera case, concluding federal Going before the SJC, we expected the court to be communicated a very simple notion. He always told
judges in the circuit are bound by the court’s 2009 most amenable to applying Article 14 protections. me, “When it doesn’t feel good in your gut and the law
decision in U.S. v. Bucci. The SJC has now consistently provided the citizens is against you, change it.”
In Bucci, another case involving the continuous of Massachusetts with greater protections from — Pat Murphy
B10 | Massachusetts Lawyers Weekly | February 15, 2021 www.masslawyersweekly.com
CHRISTOPHER A. KENNEY and DAVID R. KERRIGAN
Kenney & Sams
CHRISTOPHER A. KENNEY (LEFT) AND DAVID R. KERRIGAN MERRILL SHEA
S
outhborough attorney Christopher A. Kenney’s SJC’s decision] this candidate would not have had the hours of seeing the arguments on the other side.
first reaction when he and partner David R. chance to run for office and voters wouldn’t have had KERRIGAN: In addition, courts give great deference to
Kerrigan were asked to represent 9th District the chance to support her.” facts an administrative agency finds and defers to the
congressional candidate Helen Brady in her fight to get agency’s interpretation of the law and its regulations.
***
on the Republican primary ballot was that it felt like Here, we were able to [get the SJC to look at the case
Q. Why was this decision important in a broad
jumping on a train going 100 miles per hour. de novo] because the commission wasn’t actually
sense?
A voter in the district (who happened to be interpreting its own regulations or the ballot law; it
KERRIGAN: The decision [ensures] that voters’ and
an official with the state Democratic Party) had was interpreting what the SJC had done only a couple
candidates’ First Amendment rights are protected
challenged Brady’s nomination papers, alleging her months before in Goldstein.
during a health crisis. It’s also a great legacy for [the
signature-gathering didn’t comply with the Supreme
late Chief Justice Ralph D. Gants] because though he
Judicial Court’s Goldstein, et al. v. Galvin decision, Q. What was the key factor behind the result?
didn’t write the opinion, it has elements of who he was.
which allowed for electronic signature-gathering as KENNEY: We represented a good candidate and had
It’s a humble decision because the court acknowledges
an emergency measure in light of the coronavirus a very good expert witness who had designed the
that perhaps it could have done a better job drafting
pandemic. signature-gathering technology that Ms. Brady and
Goldstein, and it does justice and preserves the
Brady’s vendor deployed software that gathered the several other candidates used. He was a very good
Constitution in a time of crisis.
signatures, stored them in a separate file, and merged witness before the Ballot Law Commission, and they
them into nomination paper documents. Because Q. What if the court had gone the other way? credited his testimony, which I think helped the
Goldstein called for candidates to submit “native” KERRIGAN: It wouldn’t have been right. Forty court with its form-over-substance ruling on appeal.
documents with e-signatures directly affixed by the other candidates used the same process and weren’t We were also fortunate to have ample assistance
voter, the challenger claimed Brady’s e-signatures were challenged. from [Winchester attorney] John B. Miller, whose
void. KENNEY: That’s the exhaustive research and keen legal analysis were
equal protection integral to our success.
“We were arguing to the court within argument we raised. Q. Much has been made of the fact that without
[Other candidates]
20 hours of seeing the arguments weren’t challenged or
Brady on the ballot, there would have been no
Republicans on the primary ballot at all for the
on the other side.” barred from ballot,
and yet [Brady] was
9th District. To what extent should that be part
of the narrative surrounding the case?
targeted. A decision the KENNEY: The challenger was a senior official of
By the time the Kenney & Sams partners got the call, other way would have resulted in this anomaly where, the state Democratic Party. So this was a targeted
Brady’s expedited hearing before the State Ballot Law if the process was really invalid, you have people challenge by Democrats to try and keep Republicans
Commission was looming and the attorneys had less who got on the ballot through an invalid process. But off the ballot in the primary. Because if nobody’s there
than a week to prepare for the equivalent of a jury trial. the court really latched on to our second argument, in the primary, nobody’s there to face Mr. Keating in
Then, when the commission ruled against Brady and which was that her process followed the substance of the general election. It’s important that the rule of law
the SJC took up her case on direct appellate review, Goldstein. So the court put it right in the decision that acts as a safeguard against machinations like this. And
the deadline to print ballots was rapidly approaching, it would be an exercise in form over substance if they [the ruling] provided voters with a choice.
necessitating an expedited hearing the day after briefs sustained a challenge to her signature-gathering.
were due. Q. To what extent could this ruling open the
The SJC subsequently ruled in Brady v. State Ballot Q. What was the most daunting aspect of the case? door to a gray area and, potentially, politically
Law Commission that if Brady didn’t meet Goldstein’s KENNEY: The “rocket docket” aspect: to be able to motivated interpretations of “compliance in sub-
exact technical requirements, she “complied in prepare in less than a week for a challenge to 300 stance” in future election cases?
substance” with its “material requirements.” voters’ signatures to prove their authenticity and KERRIGAN: The remedy was case specific for this
Democratic incumbent William R. Keating ended procedural compliance. And then the appeal, which election during this time. Hopefully this doesn’t
up defeating Brady decisively, but Kenney says the case was likewise on a rocket docket because the date to happen again in our history — either a pandemic or a
was a victory for democracy. print ballots was set by the secretary of state and the need for this. That being said, it would be wise for the
“A congressional candidate was going to be denied case would be moot if we didn’t have it adjudicated Legislature moving forward to consider if there ought
access to the ballot simply because the pandemic before then. The SJC took the appeal on direct to be an electronic signature-gathering process that’s
resulted in a stay-at-home order,” Kenney says. appellate review and scheduled briefings in about two safe and secure and allows people to participate in the
“Conventional signature-gathering at the supermarket weeks, and then oral arguments the day after briefs process using their computers.
and town dump was impossible, and [without the were filed. We were arguing to the court within 20 — Eric T. BerkmanCongratulates
Christopher Kenney and David Kerrigan
on being named
2020 “Lawyers of the Year”
by Massachusetts Lawyers Weekly
Boston MetroWest
The Rice Building Reservoir Corporate Center
10 High Street 144 Turnpike Road
Boston, MA 02110 Southborough, MA 01772
617.722.6045 508.490.8500
www.KSlegal.comB12 | Massachusetts Lawyers Weekly | February 15, 2021 www.masslawyersweekly.com
WILLIAM H. KETTLEWELL and SARA E. SILVA
Hogan Lovells
THOMAS R. KILEY
Cosgrove, Eisenberg & Kiley
WILLIAM H. KETTLEWELL (LEFT) WITH SARA E. SILVA AND THOMAS R. KILEY MERRILL SHEA
W
hen Kenneth Brissette, an aide to Boston post-verdict relief. individuals who did their jobs very well, the way
Mayor Marty Walsh, was hit with federal U.S. District Court Judge Leo J. Sorokin agreed, public servants are supposed to, and they were vilified
extortion and conspiracy charges in 2016 for and in a blistering February 2020 opinion, he took the for it. They were prosecuted for it. But they stood up
allegedly pressuring organizers of the Boston Calling extraordinary step of announcing the entry of “not for themselves, and in the end the judge saw there was
music festival to hire union labor, his attorney, William guilty” verdicts on all charges. no “there” there.
H. Kettlewell, couldn’t understand what the crime was. The defendants’ ordeal ended once and for all when
Neither could Boston’s Sara E. Silva, Kettlewell’s Q. Some have said that even if their actions
the government opted not to appeal, a move that
partner and co-counsel. didn’t fit these particular charges, Brissette and
Kettlewell calls the right decision.
And when a second City Hall official, Timothy Sullivan still engaged in heavy-handed conduct
“I would hope no prosecutor would go down this
Sullivan, was indicted on the same charges, his Boston that’s not desirable in public officials. How
road again, given the development of the law as we’ve
lawyer, Thomas R. Kiley, was equally bewildered. would you respond?
seen it,” he says.
“The notion that the city, as owner of City Hall KETTLEWELL: If you listen to the testimony, the guy
***
Plaza, couldn’t ask a vendor to engage union workers who owned [Crash Line] said he made a business
Q. What was your first thought when you be-
struck me as an absurd proposition,” Kiley says. “As for decision [to add union stagehands]. That’s what people
came involved in the case?
the notion that there could be a federal offense lurking who interact with city, state and federal government do
KILEY: I thought there was no case there. I went to the
in the everyday activities of government officials, I every day of the week. That’s not improper or heavy-
U.S. Attorney’s Office and made a presentation to them
thought that couldn’t be the case.” handed. If you ever met Ken Brissette, you’d know this
utilizing a timeline of documents I thought would
According to the government, the defendants by virtue of the person he his. And Tim as well.
lead them to promptly decide there was no case to be
advised organizer Crash Line Productions — which Q. What about other cases in which extortion
brought. And the things I thought dispositive then
ended up proving out and corruption charges ultimately didn’t stick
“I would hope no prosecutor would at the end of the day.
SILVA: That this is the
but the defendants still engaged in arguably bad
acts? To what extent should federal statutes be
go down this road again.” kind of case I became revised to create more accountability in such
situations?
a criminal defense
lawyer to work on SILVA: The notion that laws need to be so tightly
— a case that involves, in my opinion, a real stretch and specifically written to criminalize the minutia
had already contracted with a non-union company to
of federal criminal law, not just in a way that harms of individual interactions — I just don’t think it’s
provide workers — that it needed to hire members of a
the defendant, but that really threatens the ability of necessary. We have this thing called the ballot box. We
local stagehand union to work the festival. At the time,
elected officials to do their job free of fear that a federal have the right to vote. We just saw it happen.
Crash Line was awaiting permits for the September
prosecutor might disagree with their judgment calls.
2014 concert. Q. Others might say that if there are no legal
The defendants also allegedly told Crash Line that it Q. What was the hardest part of this case for consequences for even the kind of tactics Sulli-
risked union members picketing the event and placing you? van and Brissette allegedly engaged in, there’s
a giant inflatable rat near the entrance. KILEY: We have a very small firm, and literally we had no incentive for other public officials not to do
Three days before the festival, Crash Line added nine a whole office with all of the lawyers here working full the same. What do you tell them?
union workers to the production crew. It subsequently time on a matter of real significance but as to which KETTLEWELL: Go put yourself through four years of
received the permits. there would be no income flow. That was a personal holy hell when your life is on the line, your job is on
The government never alleged that either defendant challenge many lawyers understand. the line, and your reputation is on the line, and you’re
received a personal benefit in return, as required under KETTLEWELL: That I was dealing with a man who worried about going to federal prison, and then tell me
the Hobbs Act, the federal extortion law. was completely and utterly innocent. He committed there are no consequences.
Still, prosecutors proceeded with the case. After no crime. He had done nothing wrong. But he was SILVA: I reject the premise of the question. When
a jury trial in the summer of 2019, both men were suspended from his job and his whole life was on the public officials have legitimate worries and concerns,
convicted of conspiracy, and Brissette was convicted of line. That responsibility is always daunting. they have to be able to talk to other people in an effort
extortion. to solve those problems without fear they’re going to
Convinced that it was an egregious case of Q. What was the key to your success? go through what Tim and Ken went through.
prosecutorial overreach, the defense team moved for KILEY: The innocence of our clients. These are two — Eric T. BerkmanHogan Lovells congratulates all of the 2020 Lawyers of the Year, including our partners Sara Silva and Bill Kettlewell. Sara Silva Bill Kettlewell Partner | Boston Partner | Boston Hogan Lovells Boston 125 High Street, Suite 2010 T: +1 617 371 1000 www.hoganlovells.com/en/locations/boston Hogan Lovells is an international legal practice that includes Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses. Images of people may feature current or former lawyers and employees at Hogan Lovells or models not connected with the firm. © Hogan Lovells 2021. All rights reserved.
B14 | Massachusetts Lawyers Weekly | February 15, 2021 www.masslawyersweekly.com
JOHN RODDY
Bailey & Glasser
MERRILL SHEA
O
n Sept. 13, 2018, the unthinkable happened. *** to recover against the utility for any of those.
While Columbia Gas was performing repair Q. How did you first get involved in the Columbia
work in South Lawrence, its distribution lines Q. Given those obstacles, why can’t the utility
Gas case?
became over-pressurized, triggering explosions and just say, “Sorry, you’re out of luck”?
A. A Boston lawyer named Al Farrah gave me a call A. Well, it did. There were a dozen or more class
fires in Lawrence, Andover and North Andover.
about 24 or 48 hours after the incident. He and his action suits filed in the wake of the incident, and in
Eighteen-year-old Leonel Rondon lost his life. But
brother, Lou, both were raised in Lawrence. I also every single answer, the utility said, “Go read the tariff
thousands more were affected in some way, whether
reached out to Leo Boyle, who is one of the premier and read these cases that discuss the economic loss
they were displaced from their homes or had their
trial lawyers in the country. Leo is not a class action doctrine, and then we can maybe start to talk to you.”
businesses shuttered.
lawyer, but I’ve known Leo and his partner, Brad But the flip side of that is, as we all know, you
The ensuing class action led to a settlement that, at
Henry, for probably 30 years now. I just thought that never can tell what happens when you go to court.
$143 million, was about four times larger than the next
they would bring a lot to the table. If they wanted to roll the dice on these defenses,
largest private state court class action settlement in
Q. How do you begin putting together a class they’re dealing with a lot of experienced class action
the state’s history, noted Superior Court Judge James
lawyers. We basically came up with a few interesting
F. Lang, who nonetheless found that it was not a “close action as big as this one?
and creative theories that we threw at Columbia
call” to approve the settlement. A. It starts with getting chapter and verse from the
Gas during the following year or so. It created some
plaintiffs to find out
leverage and a little bit of momentum for negotiation.
“It’s very satisfying to fight for five exactly how it affects
them on a human scale Q. Is it true that the average family of four would
years and finally have somebody say, and then translating
that into potential legal
recover approximately $8,000?
A. The average turned out to be closer to $10,000. The
‘Yeah, you’re right.’” claims. Somebody median family income in South Lawrence is a little
might have a 78-year- bit below $40,000 a year. That is really a life-changing
old grandparent who’s number for people. The other thing is that those
But before that historic settlement could be reached, on oxygen and had to be relocated. And somebody payments are scaled to give much more money to
someone had to lead the legal team through the else might have four kids under the age of 7 and people who are in the midst of the maelstrom, so to
pleadings and negotiations. Lang tapped Boston scrambling to find a place where they could land on speak.
lawyer John Roddy for the challenging job, along with short notice. Q. What did you make of Mayor Rivera’s objec-
Elizabeth Graham of Delaware and Frank M. Petosa of
Q. How do you get to the point where you’re get- tions, first to the settlement and then to your
Fort Lauderdale, Florida.
ting the largest private state court class action fees?
Not only did Roddy and his team secure the
A. I don’t know why the mayor took the positions he
settlement, they convinced Lang to award them their settlement?
did. All I can say about the mayor is that he hears
full fee request — 16.5 percent of the settlement fund, A. That’s a long and winding road. There were two
music that I don’t.
or nearly $23.6 million — over the vocal objection of huge obstacles to recovery for the class. The first is
Lawrence Mayor Dan Rivera. the tariff itself, which absolutely prohibits any kind of Q. Given the way arbitration clauses continue
But the Columbia Gas settlement was not Roddy’s incidental or consequential or indirect damages. The to be the bane of consumers in any number of
only major win of 2020. law is that if Columbia Gas blows up your house or different circumstances, you must have been
On Jan. 29, U.S. District Court Judge Douglas P. burns it down, they have to rebuild your house. But happy to be able to achieve such a good result in
Woodlock approved a $3 million settlement on behalf the emotional distress, the PTSD, the difficulties with Cullinane v. Uber.
of a class of Uber riders who were charged a non- shuttling your kids to school or continuing to work A. Very much so. Eight dollars and 50 cents isn’t
existent $8.50 “Logan Massport surcharge” on rides to when you’ve been stuck in a mobile home somewhere going to really change anybody’s life, but it’s that
and from the airport. for the next four months? They are literally immune kind of nickel-and-dime fraud that, when people
The settlement came after Roddy, partner Elizabeth from any kind of suit on those issues. find out they’re being taken advantage of that way, it
A. Ryan and appellate co-counsel Matthew W.H. Secondly, if you’re a business, there’s a thing called really [makes them mad]. It shouldn’t be just a get-
Wessler of Washington, D.C., got the 1st U.S. Circuit the economic loss doctrine. The short version is, out-of-jail card, where you say, “Arbitration clause. It
Court of Appeals to revive the case after Woodlock unless you’ve got some kind of direct loss that is doesn’t matter that we made up the fee. You lose.” It’s
had dismissed it based on an arbitration clause, which caused by, for example, Columbia Gas blowing up your very satisfying to fight for five years and finally have
the 1st Circuit found too inconspicuous to bind a laundromat, all of the other consequential issues that somebody say, “Yeah, you’re right.”
reasonable consumer. flow from that are economic losses, and you don’t get — Kris OlsonYou can also read
