Representative Results

Priority number one at Taylor Duane Barton & Gilman is delivering winning results to our clients in every case – whether it’s a victory in the courtroom or a favorable settlement. That’s how we define success.

If a case requires a “leave-no-stone-unturned” approach we’ll do it, but Taylor Duane attorneys are always mindful that litigation can be costly. This means we relentlessly seek to handle cases in the most efficient and effective manner possible. Avoiding litigation altogether is often the best result. Our training and skills as trial lawyers allow us to effectively help clients assess and manage risks. In the courtroom and beyond, we are proud of the results we’ve helped our clients achieve.

Below is a sampling of some of our successes:

Accountant Liability

  • Obtained dismissal of a negligence claim against an accountant for tax advice
  • Obtained summary judgment dismissing various claims against an accounting firm related to its forensics investigation of fraud

Broker Liability

  • Successfully defended at trial a real estate brokerage firm and individual broker facing a Massachusetts consumer protection (Chapter 93A) claim

Business and Commercial Litigation

  • Successfully defended an international corporation sued for alleged breach of a software lease agreement
  • Successfully pursued federal bench trial on behalf of Fortune 500 Company seeking to enforce arbitration clause
  • Achieved fair distribution of partnership assets to a departing general partner in a federal court action under the Uniform Partnership Act

Employment Law

  • Successfully defended retailer in federal court employment action brought by terminated employee
  • Obtained lack of probable cause findings in dozens of employment discrimination cases in various administrative agencies, such as the Massachusetts Commission Against Discrimination, Rhode Island Human Rights Commission, and the U.S. Equal Employment Opportunity Commission

Insurance Coverage

  • Persuaded the 1st U.S. Circuit Court of Appeals to rule in favor of client, who insured a general contractor on a major construction project. National Union Fire Insurance Co. of Pittsburgh v. Lumbermens Mutual Casualty Co., 385 F.3d 47 (1st Cir. 2004). The decision, frequently cited by courts and in legal treatises, examined an “additional insured” endorsement routinely seen in liability insurance policies in the construction context
  • Successfully argued before the 1st U.S. Circuit Court of Appeals on behalf of an excess insurer involving a claim by the insured's primary insurer for over $5 million in attorneys' fees
  • In a complicated case involving workers' compensation premiums, successfully prevailed at trial against a breach of contract counterclaim for money damages, and a claim under the Massachusetts consumer protection statute, and also recovered unpaid six-figure premium payments on behalf of our insurance carrier client
  • Successfully defended a major insurer in a $200 million declaratory judgment action
  • Handled a major reinsurance arbitration resulting in a favorable $77.5 million settlement

Medical Professional Liability

  • Successfully defended ophthalmologist in product liability/personal injury trial involving patient who was blinded as a result of phacoemulsification equipment malfunction
  • Successfully defended vascular surgeon in wrongful death case tried in federal court involving alleged failure to diagnose ascending aortic dissection
  • Successfully defended at trial an orthopedic surgeon in a case alleging wrongful death
  • Obtained summary judgment on behalf of a Massachusetts organ bank based on good faith immunity under the Uniform Anatomical Gift Act. The Massachusetts Supreme Judicial Court affirmed the summary judgment on appeal. Carey v. New England Organ Bank, 446 Mass. 270 (2006). The SJC’s opinion established new law in Massachusetts on applying the good faith immunity standard.

Real Estate and Land Use Litigation

  • Successfully pursued multi-jurisdiction litigation against a commercial tenant for breaching a commercial lease, resulting in a pre-trial settlement payment to our client
  • Prevailed at a trial on behalf of defendants against a claim alleging breach of a contract to purchase real estate
  • Successfully obtained a jury verdict following a two-week trial dismissing a commercial lease claim against our client in excess of $1 million based on an affirmative defense of waiver