Client Victories & Case Successes

Partners, Greg Vanden-Eykel and David Viens, recently obtained a jury verdict after a six-day trial in the Essex County Superior Court (Lawrence) on behalf of their client, a national healthcare provider system. The plaintiff, a long-time, human resources professional at one of our client’s Massachusetts hospitals, asserted claims for “regarded as” disability discrimination and retaliation after she was furloughed in the early weeks of the COVID-19 pandemic and later terminated as part of a company-wide reduction in force (RIF). The plaintiff claimed our client regarded her as disabled because of her prior cancer history and her personal belief of an increased susceptibility to severe COVID infection and discriminated and retaliated against her for seeking a reasonable accommodation to work remotely due to her health concerns. The plaintiff was furloughed several days after she requested to work remotely due to her expressed health concerns. Given the extraordinary financial impact the pandemic caused on its finances, due to government-mandated cancellation of all elective procedures and skyrocketed operational costs, our client eliminated the plaintiff’s position approximately two months later, along with terminating the employment of numerous other employees. Our client disputed that the plaintiff was disabled or that its employees regarded her as disabled; asserted legitimate, non-discriminatory business reasons for the employment actions (i.e., the company-wide RIF required for financial reasons); and presented evidence that the employment decisions were unrelated to the plaintiff’s medical history, any perceived disability, or request for reasonable accommodation. After two hours of deliberation, the jury returned a verdict for our client on all claims.

Multi-National Litigation – K&S obtained a dismissal of claims against a Korean national who executed a personal guaranty to secure a corporate loan made to his employer as a condition of assuming the title of CEO.  The employer defaulted on the loan, and a Korean national bank obtained a judgment against the guarantor worth in excess of $8 million.  The bank brought suit to domesticate and enforce the Korean judgment against the guarantor and his wife in Massachusetts, California and Hawaii, where they each owned property.  The bank alleged that the guarantor fraudulently conveyed certain real estate to his wife to shield the assets from seizure by the bank.  The bank obtained ex parte real estate attachments on two parcels the guarantor’s wife owned in Massachusetts.  K&S successfully established that the guarantor’s wife independently acquired the Massachusetts real estate.  K&S worked closely with the guarantor’s counsel in Hawaii, California and Korea to achieve a settlement of all three United States actions, resulting in a release of all US claims, with prejudice, and a full release of the attachments on the wife’s two Massachusetts properties.

Property Management / Wrongful Death – K&S obtained the dismissal of wrongful death claims that had been filed against its property management client.  The plaintiff’s decedent fell from a ladder after being struck by loose bricks, while working on a building.  The Estate alleged that the property management firm knew about the decaying and unsafe condition of the building’s exterior.  K&S successfully established that the property management firm had no relationship with the property, and persuaded the Estate to dismiss its action against the firm.

Equipment Rental / Property Damages and Business Interruption – K&S obtained the dismissal of contract and tort claims filed against a waste disposal company arising from the alleged nonpayment for equipment rental and reimbursement for equipment damage costs.  Through aggressive discovery to support a motion for summary judgment, K&S established that its client did not rent the equipment, and that it could not be held contractually liable either for the rental or the repair costs based on rental or negligent use of the equipment by an unrelated third party.

Corporate Derivative Litigation – K&S obtained the dismissal of a shareholder derivative action filed in the Federal Court in Boston, Massachusetts, against a former director of a Canadian corporation.  The plaintiff alleged that the corporation’s officers and directors breached their fiduciary duty to shareholders based on accounting and reporting irregularities concerning the valuation of certain corporate assets.  K&S successfully negotiated for the dismissal the action after establishing that the federal court lacked personal jurisdiction over the Canadian director.

A defense verdict was achieved in Massachusetts Superior Court for our client, an industry-leading national restaurant chain.  The jury rejected the plaintiff’s claim that the restaurant’s floor tile was defectively manufactured and posed a safety hazard.

Kenney & Sams achieved a major victory in the trial of a land use dispute.  New England’s largest shellfish farm, brought suit against the Old King’s Highway Historic District Commission seeking a “Certificate of Appropriateness” authorizing it to construct a 600KWh turbine on its property.  They were granted the requested Certificate of Appropriateness.

Kenney & Sams obtained a defense verdict for our client in a serious personal injury action, after establishing that our client was a borrowing employer and, therefore, immune from suit based on the employer immunity defense.

Kenney & Sams achieved a major victory in an arbitration of an employment dispute where a major international food manufacturer was sued by a former employee alleging wrongful termination of her employment.  Following Kenney’s opening statement, the union and former employee both decided to voluntarily withdraw the grievance and dismiss the claim with no money paid.

Summary judgment was obtained in Essex Superior court against a New York demolition company.

Kenney & Sams successfully negotiated a surety payout for a major New Hampshire-based contractor only one month after receiving the case.

The Firm recently negotiated a surety payout to our client, a major Massachusetts-based asbestos remediation company.

Summary judgment was recently achieved by the firm in a real estate dispute involving a purchase and sale agreement arguing that all representations and warranties in that purchase and sale agreement were extinguished once the plaintiff accepted the deed from the seller.

The firm recently argued a personal injury case involving an airline employee stepping into a hole in the tarmac while guiding a plane into a taxiing gate.  Summary judgment was achieved using the Chapter 84 defense successfully for the first time convincing the judge that the plaintiff failed to comply with his obligations under such law.

Kenney & Sams resolved a breach of contract lawsuit claim on the first day of trial in Supreme Court involving a regional general contractor sued by a business development consultant over alleged commissions.

Kenney & Sams recently negotiated a settlement agreement between two of the country’s largest construction demolition companies.

Kenney & Sams recently staved off a lawsuit against a Colorado company brought into court in Massachusetts.  Three months after the complaint was filed, the debtor voluntarily withdrew all of his claims with no money paid and no fees incurred.

The Firm succeeded on appeal, having the Appeals Court affirm judgment for our contractor client in a breach of contract action against its vendor.

The Firm obtained a defense verdict at trial for our client (a corporate employer) in a wrongful termination “whistle blower” lawsuit.

Kenney & Sams succeeded in precluding enforcement of a non-compete agreement for our client who sought new employment on the grounds that the employer had taken action that nullified further operation of the agreement.

The Firm succeeded on summary judgment in a construction case for a general contractor client, having the court order that a subcontractor’s lien was invalid and that, as a matter of law, the subcontractor could not recover on its payment claim.

Kenney & Sams obtained summary judgment in a personal injury case for our client, the defendant, on the grounds that the plaintiff was an employee of our client and therefore could not sue based on the employer immunity defense despite the fact that the plaintiff received payment by a third party who listed him as an employee for tax purposes.

The Firm authored successful amicus briefs in cases involving indemnification and public construction bidding issues that the Supreme Judicial Court cited in ruling in favor of the positions we advocated.

Kenney & Sams convinced the Massachusetts Commission Against Discrimination to dismiss a racial discrimination case against our client.

The Firm obtained an arbitration award for our client, a general contractor/developer, in a case where the plaintiff claimed defective construction of a high-end, new home our client constructed.

Kenney & Sams convinced the court to award treble damages to our subcontractor client against a general contractor and its principal, on the grounds that the general contractor failed to properly pay our client and that its principal defrauded our client into giving up its lien rights.

The Firm obtained the dismissal, with prejudice, of a personal injury action against our client, based on the double dismissal rule.

Kenney & Sams persuaded the Massachusetts Commission Against Discrimination to dismiss a sexual discrimination against our client.

Kenney & Sams succeeded in obtaining multiple six-figure settlements and judgments for subcontractor clients against general contractors and owners in matters where project financing or the general contractor’s financial condition jeopardized payment.

The Firm obtained an order dismissing an ex parte injunction that a former service provider had obtained against our client and which prevented our client from entering into an agreement with a new service provider.  Defeating the injunction effectively ended the case.

Michael Sams, Christopher Kenney and David Kerrigan authored an amicus brief in the Callahan Case involving public construction bidding, and the Supreme Judicial Court adopted K&S’s argument in finding in favor of the party K&S supported in its brief.

Mike Sams recently obtained a verdict in their client’s favor against its former general contractor and that company’s principal after a two week trial which, after interest and attorneys fees are added, will total approximately $800,000.   Kim and Mike also obtained a finding that the Defendant general contractor had violated the Consumer Protection Statue, Massachusetts Gen. L. c. 93A.

Mike Sams and Adam Veness recently obtained a dismissal of all claims against their general contractor client and its payment bond surety where the Plaintiff subcontractor had sought approximately $200,000 in alleged breach of contract and conversion damages.