Selected Cases / Decisions
Attorneys at the Law Offices of Blaine J. DeFreitas are proud to represent clients in a variety of cases. Some of our legal success stories are summarized below.
A. Federal Court Orders the U.S. Government to Return Money to Attorney DeFreitas's Client due to "Overreaching"
United States of America v. One Lot of U.S. Currency Totaling $14,665.00 et al.,
33 F. Supp.2d 47 (D.Mass. 1998) Civil Action Number 97-12636-NG; United States District Court for the District of Massachusetts. U.S. Government failed to show requisite probable cause to seize the currency at Logan Airport. Money ordered returned to our client.
United States of America v. One Lot of U.S. Currency Totaling $14,665.00 et al.,
33 F. Supp.2d 47 (D.Mass. 1998) Civil Action Number 97-12636-NG; United States District Court for the District of Massachusetts. U.S. Government failed to show requisite probable cause to seize the currency at Logan Airport. Money ordered returned to our client.
B. Employee's Detrimental Reliance on Approved Vacation Prevented Entry of Summary Judgment for her former Employer
Francis, et al. v. Sentry Insurance Co., 76 F.Supp.2d 68 (D.Mass. 1999) (Lawyers Weekly No. 02-223-99)(22 pages)(Justice Keeton) United States District Court for the District of Massachusetts, Civil Action Number 98-10698-REK). Order summarized in the November 29, 1999 issue of Massachusetts Lawyers Weekly (Former employer's Summary Judgement Motion on wrongful termination claim denied due to, inter alia, outstanding factual issues as to reliance on alleged statements of employer).
Francis, et al. v. Sentry Insurance Co., 76 F.Supp.2d 68 (D.Mass. 1999) (Lawyers Weekly No. 02-223-99)(22 pages)(Justice Keeton) United States District Court for the District of Massachusetts, Civil Action Number 98-10698-REK). Order summarized in the November 29, 1999 issue of Massachusetts Lawyers Weekly (Former employer's Summary Judgement Motion on wrongful termination claim denied due to, inter alia, outstanding factual issues as to reliance on alleged statements of employer).
C. Estimated Value of Prior Lawyer's Legal Services Affirmed
Bottone v. DeFreitas, 2006 Mass.App.Div. 57 (2006)
A personal injury client discharged her prior lawyer and hired Attorney DeFreitas, who successfully settled the case. The prior lawyer was dissatisfied with Attorney DeFreitas's settlement offer for said prior lawyer's legal services. The trial judge found that the precise sum offered by Attorney DeFreitas was reasonable. The Appellate Division of the District Court substantively upheld the trial Court's finding in Attorney DeFreitas's favor. Prior attorney's attempt to disrupt client's settlement averted.
Bottone v. DeFreitas, 2006 Mass.App.Div. 57 (2006)
A personal injury client discharged her prior lawyer and hired Attorney DeFreitas, who successfully settled the case. The prior lawyer was dissatisfied with Attorney DeFreitas's settlement offer for said prior lawyer's legal services. The trial judge found that the precise sum offered by Attorney DeFreitas was reasonable. The Appellate Division of the District Court substantively upheld the trial Court's finding in Attorney DeFreitas's favor. Prior attorney's attempt to disrupt client's settlement averted.
D. Condition Precedent in a Real Estate Purchase and Sale Agreement:
Young v. Freemnl et al. (Massachusetts Lawyers Weekly No. 12-317-09)(19 pages)(Justice Fishman) Middlesex County Superior Court (Even where a purchase and sale agreement was signed by both parties, the prospective seller, our client, was not required to go forward with sale where prospective buyer failed to obtain Town Health Board approval for proposed septic system, as the Board's approval may be construed as benefitting both parties). November 25, 2009. Client free to seek alternate offers; lis pendens's on client's real estate discharged. We also successfully defended against the neighbors' claim for adverse possession in the same (consolidated) case.
Young v. Freemnl et al. (Massachusetts Lawyers Weekly No. 12-317-09)(19 pages)(Justice Fishman) Middlesex County Superior Court (Even where a purchase and sale agreement was signed by both parties, the prospective seller, our client, was not required to go forward with sale where prospective buyer failed to obtain Town Health Board approval for proposed septic system, as the Board's approval may be construed as benefitting both parties). November 25, 2009. Client free to seek alternate offers; lis pendens's on client's real estate discharged. We also successfully defended against the neighbors' claim for adverse possession in the same (consolidated) case.
E. Injured Worker is Entitled to a copy of the Insurer's Medical Examination - Even Where the Insurer for Employees Does not Rely on Same
Higgins v. Maynard School Department, et al. D.I.A. Reviewing Board Decision Number 029974-04 (2009)(Unanimous three member panel decision).
Case currently pending before the Massachusetts Supreme Judicial Court, Docket Number SJC-10764. Key issue is whether the Massachusetts Department of Industrial Accidents (Worker's Compensation) Board acted properly in holding that the employee is entitled to a copy of the insurer's medical examiner, created as the result of an examination conducted pursuant to M.G.L. c. 152, section 45. The DIA's three judge panel, ruling in favor of the Employee, is analyzed on the front page of Massachusetts Lawyers Weekly, January 11, 2010.
Higgins v. Maynard School Department, et al. D.I.A. Reviewing Board Decision Number 029974-04 (2009)(Unanimous three member panel decision).
Case currently pending before the Massachusetts Supreme Judicial Court, Docket Number SJC-10764. Key issue is whether the Massachusetts Department of Industrial Accidents (Worker's Compensation) Board acted properly in holding that the employee is entitled to a copy of the insurer's medical examiner, created as the result of an examination conducted pursuant to M.G.L. c. 152, section 45. The DIA's three judge panel, ruling in favor of the Employee, is analyzed on the front page of Massachusetts Lawyers Weekly, January 11, 2010.