We recognize that amicable resolution of a dispute prior to the filing of a claim is not always possible. McAullife & Associates has experience litigating a wide range of disputes for our corporate clients, including, among others, all types of contractual disputes, tortious interference matters, unfair and deceptive practices, breaches of non-compete agreements, defense of wage claims, and bankruptcy proceedings. Whether representing a small local subcontractor on a construction project that has gone awry or a Fortune 500 company seeking to enforce a routine contract for services, we work with each client to understand the nuances of their business and the current dispute, and create a strategy to reach the best possible outcome.
Notable Cases & Results:
-- After bench trial, avoided judicial lien pursuant to 11 U.S.C. 522(f) through homestead exemption, despite ambiguous deed. In re Freeman, -- B.R. --, 2014 WL 5463927 (Bankr. D. Mass. Oct. 27, 2014) (pending appeal).
-- Obtained partial summary judgment on behalf of assignee of commercial mortgage and lost promissory note, entitling lender to recoup proceeds from foreclosure sale. Desmond v. Raymond C. Green, Inc. (In re Harborhouse of Gloucester, LLC), 505 B.R. 365 (Bankr. D. Mass. 2014), aff'd -- B.R. --, 2014 WL 5472316 (1st Cir. BAP 2014).
-- Achieved summary judgment on behalf of restaurant and landlord against action brought under Title III of the Americans with Disabilities Act. Marradi v. Galway House Inc., Civ. No. 13-10813-RGS, 2014 WL 1454266 (D. Mass. Apr. 15, 2014).
-- Obtained Injunction Order from U.S. Bankruptcy Court against Massachusetts Alcoholic Beverages Control Commission, voiding recent liquor license revocation of Chapter 11 Debtor-restaurant as a violation of 11 U.S.C. 362(a) and enjoining further revocation actions, despite provisions of 362(b)(4). Heritage Park v. Massachusetts ABCC (In re Heritage Park Restaurant), 14-ap-1200 (Bankr. D. Mass. 2014).
-- Obtained reversal and remand from the Massachusetts Appeals Court of toxic mold action previously dismissed on statute of limitations grounds. Deskos v. Shagoury Ins. Agency, Inc., 81 Mass. App. Ct. 1137 (2012).