LITIGATION EXPERIENCE
- Personal Injury & Property Damage: coordination of benefits, see 211 CMR 38.00, et seq., see also MGL c 90 §§ 34A, 34M: personal injury protection; plus MGL c 175 § 113C: hospital indemnity benefits ("MedPay") .
- 1st & 3rd Party Insurance Claims and Defenses: subrogation actions; experienced with inherent risk of conflict(s) of interest between the insured (the client) and the insurer (interested party attempting to recoup money paid out on claim caused by someone other than the insured;
- Complex business litigation;
- Family law: divorce, separation agreements, custody disputes, support, etc.;
- Employment & labor disputes: actionable claims vs. workers’ compensation; minimum coverage requirements and employer duties (municipalities vs. private sector);
- Seasoned advocate in the quasi-judicial administrative law forums like the Massachusetts Commission Against Discrimination (MCAD), the Boston Fair Housing Commission, the Civil Service Commission, and municipal appointing authorities.
- Commercial litigation: U.C.C. and the Massachusetts Consumer Protection Act (MGL c. 93A §§ 2, 9, 11); Express & Implied Warranties, Magnuson-Moss Warranty Act;
- Property law: purchase and sale or lease agreements: commercial and residential, landlord/tenant disputes; evictions; land use & zoning issues enforceability of common scheme covenants;
- Set important precedent re website contract law: "clickwrap"/"browsewrap" agreements: Neither 1st Amendment nor California's Anti-SLAPP legislation shields juggernaut tech companies from liability for "high tech business extortion." SeeDiNapoli v. Yelp, Inc., C.A. No. 1:18-cv-10776 (D. Mass. 2019);
Criminal Defense
o Juvenile defense advocate (Suffolk County Juvenile Court Department)
o Defense of misdemeanors and/or felonies at District Court level.
o Defense of criminal indictment at the Superior Court level.
o Collaborative independent investigations with premier Massachusetts Private Detective agency.
o 24-7 emergency response service for clients placed under arrest:
(1) attorney will travel to police station;
(2) oversee booking procedures;
(3) prevent improper interrogation/questioning post-Miranda;
(4) provide assistance with posting of bail; and
(5) ensure preparation & presentation for arraignment: grooming, clothing, demeanor, procedure, desired/intended plea, etc.;
Real Estate Closings
Professional closing attorney with PC Law Associates LLC:
- Refinance closings
- HELOC closings
- REO closings;
- Option Contract closings;
- Modification closings;
- Assumption closings;
- Deed in lieu of closing;
- Purchase closings; and
- Reverse closings.
Legal Consulting
Paid expert legal consultant verified by leading third-party certification service company (JustAnswer.com/expert-davidcfarrell );
Expert ID: BostonAttyDave); For more complicated legal questions please contact us directly at law@davidcfarrell.com