Litigation

Gargiulo / Rudnick’s litigation team employs years of courtroom experience to serve a variety of clients throughout Massachusetts and around the country, encompassing a broad range of legal issues from negligence claims to complex business disputes and healthcare litigation.  Our attorneys have a wide breadth of experience representing clients before state and federal courts, in multi-district and multi-jurisdictional litigation, state and federal administrative agencies, federal and state appellate courts and administrative appeals boards.  Our team is exceptionally skilled at dealing with various complex case-management issues, including e-discovery and other high volume document review and production. We understand that each case is different.  Our team will work with each client to develop the most effective and innovative strategies to meet their litigation goals commensurate with the client’s available resources, implementing cost-reducing technology and making effective use of associates and paralegals when appropriate.  Our team will develop a case disposition plan that allows the client to consider an array of different means to resolve their dispute including trial, binding arbitration; and/or alternative dispute resolution as may be appropriate.

Our litigation practices include:

Business Disputes & Commercial Litigation

  • Breach of Contract
  • Unfair and deceptive business practices and unfair competition under M.GL.c. 93A §11
  • Interference with Contractual Relations / Advantageous Relations
  • Quantum Meruit claims
  • Partnership and shareholder disputes
  • Claims for Contractual Indemnity
  • Agreements not to compete
  • Trade secrets
  • Breach of duty of good faith and fair dealing

We also serve clients in the areas of corporate organization and financing, corporate compliance, development of commercial properties, mergers and acquisitions and other duties associated with general counsel.

Construction Litigation

  • Breach of contract
  • Negligent construction
  • Construction site injuries
  • Contractor certification litigation – Division of Capital Asset Management
  • Claims for Contractual Indemnity

Employment Law

  • Employment discrimination claims under M.G.L.c. 151B (age, race, gender, etc.)
  • Civil rights claims under 42 U.S.C. §1983
  • Retaliation claims
  • Whistleblower claims under state and federal law
  • Massachusetts Wage Act claims under M.G.L.c. 149 §148
  • Grievances under collective bargaining agreements

Estate Litigation

  • Will contest litigation

Forfeiture Litigation

  • Civil forfeiture claims – under state and federal law
  • Criminal forfeiture claims – under state and federal law

Insurance Litigation

  • Insurance coverage litigation / declaratory judgment actions
  • Insurance Practices Litigation under M.G.L.c. 176D and 93A
  • Major Property damage
  • Subrogation claims
  • Claims for defense and/or indemnity under contracts of insurance
  • Insurance fraud litigation

Intentional Conduct Litigation

  • Civil RICO claims under 18 U.S.C.S. 1962 and 1964
  • Retaliation claims
  • Whistleblower claims under state and federal law
  • Fraud
  • Misrepresentation
  • Intentional Interference with Contractual / Advantageous Relations
  • Assault & battery
  • Sexual abuse

Motor Vehicle Franchise Litigation Under M.G.Lc. 93B

  • Automobile Dealer litigation

Multi-District Civil Litigation

Municipal Law

  • Massachusetts Open Meeting Law Litigation under M.G.L.c. 30A §§18-25
  • State Ethics Commission Proceedings and compliance issues
  • Municipal Employment Litigation
  • Municipal Tort Liability under M.G.L.c. 258
  • Massachusetts Public Records Requests, M.G.L.c. 66 §10

Negligence

  • Personal Injury
  • Wrongful Death
  • Motor vehicle negligence
  • Premises liability
  • Dram shop liability
  • Social host liability
  • Federal motor carrier safety act
  • Products liability
  • Construction site accidents
  • Medical Malpractice
  • Negligent Hiring, Retention and Supervision
  • Negligent Entrustment
  • Toxic torts (i.e. mold)

Professional Disciplinary Proceedings

  • State Ethics Commission Proceedings
  • Board of Bar Overseers Proceedings
  • Board of Registration in Dental Medicine Proceedings
  • Board of Registration of Veterinary Medicine Proceedings

Professional Errors and Omissions

  • Real estate brokers / sales persons
  • Insurance agents / sales persons

Qui-Tam Litigation

Real Estate Litigation

  • Purchase and sale agreements
  • Rights of first refusal
  • Easements