Representative Cases for Litigation

Wilchins Cosentino & Novins Law Firm

The litigation attorneys at Wilchins Cosentino & Novins have achieved favorable results for clients in a broad range of matters in Federal and State courts, the Massachusetts Appeals Court, and before State and local boards, committees and administrative agencies.

Representative cases include:

Business Litigation

$950,000 settlement of minority shareholder claim against corporation and management board for breach of contract and breach of fiduciary duty following wrongful termination.

Successful representation of software development company in action for breach of contract and nonpayment of professional service fees.

Successful representation of closely held business involving allegations of defective products and/or services.

Successful representation of a closely held business against claims of breach of contract and negligence in the sale of a business opportunity.

Employment & Discrimination Litigation

Defense of employer leading to finding of no probable cause and dismissal of former employee’s MCAD complaint alleging racial discrimination.

Defense of employer leading to former employee’s withdrawal of MCAD complaint alleging age discrimination.

Defense of employer leading to dismissal of claimed discrimination based upon alleged sexual harassment.

Defense of employer and nominal settlement of claimed discrimination based upon religion.

Defense of employer and nominal settlement of claimed discrimination based upon former employee’s sexual preference

Pursuit and settlement of sexual harassment and wrongful termination claim against employer after employee disclosed that she was pregnant.

Probate Litigation

Successful representation of a beneficiary in a will-contest regarding claims of undue influence and lack of testamentary capacity against another beneficiary.

Dismissal of federal court action against heir for undue influence due to lack of personal jurisdiction. The forum state lacked the power or authority to make decisions that affected the heir requiring the opposing party to refile in another jurisdiction.

Successful representation of a Personal Representative regarding claims of breach of fiduciary duty and undue influence.

Successful representation of a Trustee of a Trust in an action brought by the beneficiaries of the Trust for breach of fiduciary duty.

Financial Services Litigation

Successful representation of National Brokerage Firms regarding the wrongful termination of a financial advisor, payment of promissory notes and business disputes.

Successful representation of National Brokerage Firms and local broker-dealers regarding claims of negligence, lack of supervision and breach of contract claims brought by customers against brokerage firms and financial advisors.

Successful representation of broker-dealers against former financial advisors in breach of employment agreement.

Successful representation of customers against Broker-Dealers for claims of unsuitability, negligence, churning and breach of duty of care.

Successful representation of broker-dealer against claims of fraud, breach of contract and conversion of assets.

Representation of financial advisors seeking to expunge unfounded customer complaints from their registration records.

Counseling clients in investigations and inquiries before government agencies and self-regulatory organizations.

Arbitration of cases involving state and federal securities laws, fraud, negligent misrepresentation and breach of fiduciary duty.

Construction & Real Estate Litigation

Successful representation of landlords and tenants in disputes regarding a variety of issues.

Settlement of homeowner claims against general contractor for defective workmanship, breach of construction contract, and unfair and deceptive business practices.

Defense of general contractor and settlement of claims for defective workmanship and breach of construction contract.

Settlement of homeowner’s claim against municipality for structural damage to a residential property caused by a Town’s negligent failure to maintain and repair storm water drain.

Trial verdict affirmed on appeal in favor of commercial property owner for specific performance of a purchase and sale agreement.

Land Use & Zoning

Obtained judgment in Land Court that was affirmed on appeal upholding the Planning Board’s issuance of a special permit to construct and operate an outdoor shooting facility on Nantucket.

Obtained variances, special permits and site plan approvals from town zoning and planning boards, including: Brookline, Hopkinton, Natick, Wellesley, Winchester, Weston, and Wayland.

Obtained variance from the Massachusetts Architectural Access Board concerning access and elevator requirements triggered by retail store renovation.

Represent abutters to proposed 40B project seeking to work collaboratively with developer to minimize adverse impacts to neighborhood.

Complex Personal Injury

$2,000,000 settlement for family of 72 year-old man injected with large volume of air into coronary artery during routine angioplasty procedure causing fatal heart attack.

$1,200,000 settlement for family of 90 year-old assisted living facility resident with dementia sexually assaulted by a facility employee.

$880,000 settlement for family of 62 year-old nursing home patient at risk of skin breakdown who died of sepsis after developing heel ulcers.

$480,000 settlement for family of 18 month-old with gastrointestinal complications who died as a result of a failure to diagnose and treat a life-threatening condition.

Professional Malpractice

$1,400,000 settlement of legal malpractice claim against corporation’s former attorneys arising from improper tax advice regarding tax implications of converting to a different corporate form.

$500,000 settlement of legal malpractice claim against law firm that engaged in conflicted joint representation of clients adverse to each other.

Obtained full insurance coverage for law firm whose professional liability insurer denied coverage for legal malpractice claim.

Defense and settlement of claim against law firm and former law partner for alleged professional malpractice arising from the default of a commercial loan handled by law firm.