Carpenter & Associates LLC

Attorneys at Law - A Civil Litigation Firm

Representative Cases

Representation of a national retailer seeking contractual damages from a common carrier for improper transportation charges of nearly $750,000.

The Firm commenced suit for declaratory judgment and compensatory damages.  A courtesy copy of the complaint was provided to the common carrier and it immediately apologized for its error and credited the Client's account for the full amount of the improper charges.  The case was then dismissed.

Representation of a national retailer who was seeking a reimbursement under its lease with its landlord for $1.1 Million of leasehold improvements.

The Firm commenced suit and the case was settled shortly thereafter as part of an omnibus settlement concerning multiple retail leases in malls located around the country.

Representation of a global supplier to the construction industry.

The Firm's client leased numerous heavy duty trucks and the equipment lessor wrongly declared the leases in default and sought accelerated lease payments of more than $3.5 Million and the issuance of a trustee attachment  to secure its claim.  After mounting a vigorous defense challenging the condition of default and the need for pre-judgment security, the Court denied the attachment.  The Client was then able to settle the claim on very favorable terms and the case was then dismissed.

Representation of a seller of commercial real estate in litigation commenced by a jilted buyer.

The Firm's client negotiated with two prospective buyers for the sale of a commercial property.  There was no preliminary agreement or signed Purchase and Sale Agreement.  After a completed sale, the jilted buyer sued the seller (the Firm's client) and the purchaser seeking to rescind the sale and force a conveyance.  The plaintiff sought the endorsement of  Lis Pendens, which was successfully defended and the Court instead issued an injunction preventing a sale or encumbrance until the defendants had the opportunity to present Special Motions to Dismiss.  After briefing and argument, the motions were taken under advisement and the Superior Court rejected the plaintiff''s claim that an email "signature", transmitting for consideration a form of Purchase and Sale Agreement that was still under negotiation, was a sufficient memorandum to satisfy the Statute of Frauds.  The Special Motions were allowed, judgment was entered dismissing the complaint in favor of the defendants, and each of the defendants was awarded substantial legal fees and costs as mandated by G.L. c. 185, Section 15.

Representation of a commercial landlord in a dispute with its tenant.

The Firm's client entered into a lease, as landlord, with a national retailer calling for a rental stream in excess of $25 Million over the life of the lease.  The lease was conditioned on the issuance of a building permit to allow the tenant to build-out the premises, but the tenant failed to exercise good faith efforts to procure the permit and instead indicated that it would not take possession and that it considered the lease to have been terminated.  Suit was commenced seeking substantial monetary damages, and the tenant immediately by executing a lease amendment, proceeding with the construction, and thereafter commencing its occupancy to the mutual benefit of the retailer and the Firm's client.

Representation of a homeowner in negotiation of a construction contract for $1 Million of renovations.

The Firm's clients were husband and wife who recently moved to the area.  The Firm negotiated a construction contract for substantial renovations and an addition, on a time and materials basis.  The work was already underway and the contract was unusual because the contract called for "allowances" of nearly $600,000.  The new contract resulted in a substantial savings to the client by converting from time and materials to a fixed fee.

Representation of an individual in defending a complaint by her former husband for defamation and intentional infliction of emotional distress.

The Firm's client sent a private email to her son, who was of majority but not yet emancipated and who was away on a semester abroad.  The email made mention of the fact that his father (an attorney) was not paying child support.  Before departing on his trip, the son gave his Blackberry to his father for safekeeping and maintenance.  The father read the email and when his ex-wife filed a complaint for contempt against him in Probate Court for non-payment of alimony, he filed suit in Superior Court, pro se, claiming that the email was defamatory and he had suffered severe emotional distress.  The Firm deposed the son and the plaintiff and then promptly moved for Summary Judgment arguing, among other things, that the email was not defamatory and that the plaintiff had not made out a claim for intentional infliction of emotional distress.  The motion was allowed and a judgment entered dismissing the complaint.

Representation of partners in a partnership dispute.

The Firm's clients are husband and wife and partners with another couple in a single-purpose partnership that acquired investment property in Florida.   There was no written partnership agreement, but it is not disputed that the property was to be held for one year and then sold.  The other partners steadfastly refused to do so because of market conditions, which have only worsened over the past 18 months.  Although the Firm's clients were prepared to file suit to dissolve and wind-up the partnership affairs, the matter was settled favorably to the clients without litigation.

Representation of an insured against its insurer for damages sustained from a fire loss.

 The Firm's client submitted a fire claim for damage to his restaurant.  The insurer denied coverage for damages, including business income loss, claiming that the policy was rescinded by reason of material misrepresentations in the insurance application.  The Firm filed suit and asserted claims for breach of contract and unfair settlement practices under Chapters 93A and 176D, seeking damages of nearly $800,000.  The insurer's motion to stay the bad faith claims was denied and the Firm served its third motion to compel discovery, the insurer's counsel was disqualified, and the matter was then submitted to mediation and settled, resulting in a significant payment to the Firm's client.

Representation of a condominium owner in two-unit condominium in a dispute with the other unit owner.

Suit was filed, the matter was referred for arbitration, the proceeding commenced, and the matter was settled favorable to the client during the second day of evidence.

Representation of business owners in enforcing the damage provisions in a buy-out agreement when the buyer defaulted.

Demand was made, the parties agreed to mediation, the matter was settled at mediation, and the buyer since paid his obligations in full.

Representation of buyers and sellers of high-end residential real estate in disputes concerning the enforcement and the avoidance of their obligations under Offers to Purchase and under Purchase and Sale Agreements.

Numerous engagements include two successful Special Motions to Dismiss that disposed of claims against the Firm's clients.

Representation of a residential owner of a brownstone in a multi-million dollar dispute with the contractor.

After termination of the contract for breach, the parties converted the construction contract from "time and materials" to a fixed fee, saving the owner more than $500,000. The project is now complete.

Representation of a home owner in a dispute with a swimming pool contractor.

This matter was concluded when the Fim convinced the contractor that the client's claims for incomplete and shoddy workmanship exceeded the claim for a contract balance.

Representation of a multi-national corporation in the defense of a claim of equitable stock ownership in connection with a stock purchase.

This case was commenced in 2001 and the plaintiff's claims were dismissed against the Firm's client after a three week trial at the end of 2005.  Counterclaims against the plaintiff were also dismissed.

Representation of a property owner in the Land Court in defense of a claim by the City of Boston which sought to enforce a deed restriction and force a conveyance of the property.

The plaintiff's claims were dismissed on Summary Judgment because of the expiration of the Statute of Limitations.  The judgment was affirmed by the Massachusetts Appeals Court and further review was denied by the Supreme Judicial Court.

Representation of one partner in defense of a claim by the other that the contract governing the buy-out of his interests in the partnership was induced by fraud.

The complaint was dismissed on Summary Judgment on the basis of the doctrines of res judicata and claim-splitting/judicial estoppel.  Judgment was affirmed by the Massachusetts Appeals Court and the case was been terminated favorably to the client.

Representation of a condominium association in the Land Court in connection with claims by and against the declarant-developer relating to a retained interest in a parking facility in the condominium and the proper allocation of the cost of running that facility.

This case spanned almost 10 years from filing to disposition, including two summary judgment motions, a trial, and an appeal to the Appeals Court.  The final judgment resulted in a benefit to the client of nearly $1 Million.

Representation of a manufacturer in defending an investigation of alleged copyright violations by the BSA (Business Software Alliance).

This matter was resolved without any payment to the BSA.

Representation of a material supplier in the enforcement of a mechanics lien and the collection of an account balance.

Suit was filed and payment in full was received after summary judgment papers were served on the defendant.

Representation of a general contractor/construction manager in defense of multiple claims of mechanics liens and contract balances by subcontractors and material suppliers.

One suit was dismissed against the Firm's client on summary judgment, another was withdrawn when summary judgment papers were served, and the third was settled.

Representation of a leading internet hardware manufacturer in a trade secret and non-competition claim against former employees and their current employer.

After suit and the issuance of temporary and preliminary injunctive relief, this matter was settled on terms favorable to the client.

Representation of a publisher in a licensing and copyright dispute with an author.

After a significant dispute concerning the propriety of state court jurisdiction, an appeal decided by the Indiana Supreme Court resulting in a seminal decision upholding state court jurisdiction over a copyright counterclaim. The matter was favorably resolved when the state court trial judge allowed a motion for summary judgment of dismissal in favor of the Firm's client, finding that there was no valid copyright in the material and that the allegedly infringing works had been independently created.

Representation of a national catalogue and internet bookseller as buyer in a claim against the seller of a mailing list for having retained and used a copy of the list after purchase in violation of the contract.

This case resulted in two litigations in separate jurisdictions, the entry of temporary and permanent injunctive relief, and two appeals. The matter was favorably resolved for the Firm's client.

Representation of a developer of condominiums in the enforcement of an offer to purchase.

This case was resolved when the property owner agreed to settle by conveying title to the Firm's client.

Representation of a general contractor in a claim against a surveyor and its insurance company for substantial damages resulting from the negligent placement of the control points for the foundation for a hotel.  Bad faith claims were also asserted against the insurer under Chapters 93A and 176D.

This case was ultimately resolved in favor of the Firm's client (the contractor) after extended litigation and the entry of summary judgment on liability in favor of the contractor and against the surveyor.

Representation of a landowner in a border dispute with his neighbor who is claiming that title over a disputed area has vested by adverse possession.

Suit was filed by client to quiet title in the Land Court.  Just prior to trial, the alleged adverse posessor agreed to a judgment in favor of the record owner (the Firsm's client).

Representation of a subcontractor in a litigation dispute with his lender concerning a mortgage note and a revolving line of credit and the bank's efforts to recover payment of approximately 2.75 Million Dollars.

After agreeing that it would not do so, the Bank filed suit and obtained ex parte orders against the Firm's client. After hearing, the Court vacated the ex parte order and stayed the litigation to allow the client time to repay the obligations to the Bank. The Court denied the Bank's request to modify or clairfy the order, and a Single Justice of the Appeals Court upheld the actions of the Superior Court.   A portion of the debt was repaid and the parties ultimately reached agreement on the repayment of the balance owed.

Representation of a husband and wife who were sued for defamation, civil conspiracy, and abuse of process.

After successfully causing dismissal of all but the defamation claims, the case was turned over for a defense under the clients' Home Owners Insurance policy.

Representation of a developer in a dispute with the contractor.

Suit was filed and prior counsel allowed a default and default judgment to enter through his neglect.  After succeeding in causing the default and default judgment to be removed over the contractor's objection, the case was mediated to a conclusion.

Representation of a national retailer in connection with insurance issues relating to coverage of a claim of sexual harassment against an officer of the company.

The Firm convinced the insurer that coverage was available under the policy and that the $1 Million retention did not apply to the claim against the former officer.  The case was settled at mediation.

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