Jacobi & Chamberlain LLP was successful in a case of first
impression against Bank of Boston defended by one of the largest law firms in
New England in what became a $5 million case on behalf of an international depositor
in the United States District Court in Massachusetts, Judge Patti B. Saris residing. The case involved the issue of whether the
Bank of Boston had accepted a limited power of attorney and was bound by
it. After years of protracted litigation,
in six months of summary judgment briefs, Judge Saris awarded the plaintiff the
full value of his claims. Bank of Boston
appealed, but eventually withdrew and paid the depositor his multimillion
dollar deposit. Weber, et als. v. Bank of Boston, 997 F. Supp. 111 (D. Mass. 1997).
Jacobi & Chamberlain LLP obtained a jury
verdict for a car dealership against a lending bank that pre-approved a
business loan and, at the last minute, pulled its approval seeking a higher
interest rate loan constituting an unfair business practice. Under Chapter 93A the verdict was trebled and
in 2003 the bank’s appeal was denied and the bank was required to pay $1.6 million. Tufankjian
v. Rockland Trust Company, 57 Mass. App. Ct. 173 (2003).
Jacobi & Chamberlain LLP was awarded $50,000 in
a divorce action for the opposing parties’ failure to reasonably conduct
discovery. Hermosilla v. Hermosilla, No. 02E-0100-GC1 (Essex Probate and
Family Court October 10, 2008).
Jacobi & Chamberlain LLP obtained a Bankruptcy
Court decision finding a housing discrimination judgment to be a
non-dischargeable debt in bankruptcy finding that the debtor’s discriminatory
conduct was malicious, willful and intended to cause injury. Pacheco
v. Cannella, No. 02-1337 (March 9, 2005).
Jacobi & Chamberlain LLP won an appeal overturning
a Superior Court summary judgment in a Title V action finding that the Judge’s
factual findings were in error and the factual allegations did not support
summary judgment against the plaintiff land owner. Vassilev
et al. v. McCart, et als., No. 10-P-0044 (Massachusetts Appeals Court).
Jacobi & Chamberlain LLP successfully obtained
a Supreme Judicial Court decision requiring the Massachusetts Board of Nursing to
base its reciprocal disciplinary sanctions on past sanctions imposed by the Massachusetts
Board of Nursing Board rather than simply rubber stamping sanctions imposed in
the other jurisdictions. Lankheim v. Massachusetts Board of Nursing,
No. SJ-2009-0160 (Massachusetts Supreme Judicial Court).
Jacobi & Chamberlain LLP successfully obtained
a Supreme Judicial Court decision prohibiting the Massachusetts Board of
Nursing from using the licensee’s opposition to the board’s disciplinary action
as an aggravating circumstance. Lankheim v. Massachusetts Board of Nursing,
No. SJ-2008-0026 (Massachusetts Supreme Judicial Court).
Jacobi & Chamberlain LLP successfully defended
an appeal of a Bankruptcy Court order finding that a Probate Court’s award of
legal fees was a non-dischargeable post-petition debt. Baker
v. Keller, 2008 U.S. Dist. LEXIS 123130 (2008 D. Mass.).
Jacobi & Chamberlain LLP filed an opposition to
a motion for sanctions for an alleged failure to abide by bankruptcy automatic
restraining order successfully quashing the motion and obtaining an award of
attorneys’ fees and costs against the moving party. In re
Hermosilla, 375 B.R. 20 (2007).
Jacobi & Chamberlain LLP successfully obtained
a Probate Court decision finding a party to a divorce to have fraudulently
conveyed his interest in real estate to a third party. Hermosilla
v. Hermosilla, No. 02E-0100-GC1 (Essex Probate and Family Court March 8,
2006).
Jacobi & Chamberlain LLP won an appeal
requiring the Probate Court to recalculate a division of marital assets. DiMambro
v. DiMambro, No. 09-P-1387 (Massachusetts Appeals Court).