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34 Liberty Avenue | Somerville, MA | 02144 | 617.776.4020

CASES

LABOR, UNION DEMOCRACY, EMPLOYMENT & DISCRIMINATION CASES

HOUSING & RELATED PERSONAL INJURY CASES

OTHER PERSONAL INJURY CASES

MISCELLANEOUS

LABOR, UNION DEMOCRACY, EMPLOYMENT & DISCRIMINATION CASES

Cummings v. Standard Register: Obtained a two million dollar judgment after a verdict from jury in age discrimination trial regarding merger of two companies and elimination of positions during reduction in force, including a pre-appeal award of $300,000 attorneys fees. The verdict was largely (85%) sustained on appeal and will likely get back to the amount of the original verdict with post-appeal attorneys fees and interest (September 2001).

Crowley et al v. Local 42: Obtained pre-election relief for Teamster dissidents who incumbent officers prevented from running against them; order of new election sustained on appeal to First Circuit. On certiorari, Supreme Court limited right to such relief, but expanded pre-existing rights.

Doty v Local 42 et al.: Won $550,000 jury verdict in a union democracy case regarding efforts by local union to intimidate and inhibit a Teamsters for a Democratic Union member from advocating for democratic changes in the union. The judgment was sustained on appeal. Also involved an earlier appeal in which three year statute of limitations was adopted in lieu of six month statute of limitations of several other circuits; decision was later cited in Supreme Court case adopting three year statute of limitations.

Meagher v. Andover School Committee: Won First Amendment free speech civil rights award of $100,000 emotional distress and attorneys' fees for high school teacher and union activist fired for advocating an aggressive course of action in union contract negotiations concerning teaching load.

U.E. v. Pleasant Street Corporation: Won appeal at First Circuit allowing union retirees to proceed under ERISA against foreign corporation which owned and controlled their defunct, former employer for health and life insurance benefits.

Irvine v. U. Mass.: Won $350,000 sex harassment case verdict for teacher who assisted her students in filing charges against her supervisor/their professor who sexually harassed a dozen female students; related case for students settled before trial (Bagley v. Hoopes).

Boudreau v. Town of Beverly: Sex harassment/retaliation case for female police officer who suffered disabling emotional distress due to treatment by other officers; settled before trial.

Hite v. City of Cambridge: Appeal for minority Cambridge police officer, modifying discharge to a suspension; sustained by Appeals Court.

United Electrical Workers v. Maxim, Inc.: Prosecuted one of first Worker Adjustment and Retraining Notification Act cases for 78 employees who did not receive sixty (60) days notice of a plant closing. The case settled after obtaining a favorable pre-trial ruling on the law and evidence.

Boston Jobs Coalition Case: Defended City of Boston's resident and women's quota's for construction work before Supreme Judicial Court; decision successfully defended on appeal by Professor Lawrence Tribe before U.S. Supreme Court.

Poore v. Local 175 Teamsters: Won reinstatement for a city worker whose union failed to represent her after her job was eliminated and less senior employees retained in her stead.

Sylvia v. AAM 15 Mgmt.: Obtained a large financial settlement for older female waitress who claimed her work conditions were adversely altered when the Italian restaurant in a hotel in which she worked was converted to a sports bar and grill, and younger women hired.  She also claimed she was fired for pretextual reasons after she complained about the changes in her work situation.

Rinn v. [Withheld]: Obtained $240,000 settlement for client alleging he was fired in violation of his rights under the Family Medical Leave Act and in reprisal for asserting a right to overtime wages.

HOUSING & RELATED PERSONAL INJURY CASES

Revere Housing Authority Resident Advisory Board v. Revere Housing Authority: Obtained summary judgment mandating the placement of a federally funded tenant on the Board of the Revere Housing Authority (August 2001)

Vieira v. (name withheld): Won first significant damage judgment (nearly $2,000,000) for asymptomatically lead poisoned children in Massachusetts; argued on appeal, but settled pending decision by SJC.

Anderson v. Zuker, Trustee: Won one million dollars and award of attorneys fees in challenge to rent board approved rent increases for 130 families, and in related contempt proceeding against the landlord and related consumer protection case.

Kargman V. Sullivan cases: Trial and two appeals to the First Circuit involving a question of federal supremacy (first appeal) and common fund legal fee award (second appeal). Successfully defended Boston Rent Control right to regulate HUD Subsidized Housing, and right of counsel to obtain common fund legal fee award.

Stowe v. Bologna: Won right to appellate attorneys fees before Supreme Judicial Court under fee shifting statutes in Massachusetts after having successfully defended an appeal in rent control litigation, but having been denied any fees for appellate services in Appeals Court. Total judgment exceeded $100,000.

Rubenstein v. Amari: Part of litigation for artist loft, residential tenants, establishing rent control rights and other rights of residential tenants to artists living in commercial space with knowledge of landlord. Sustained by Appeals Court.

Queen Anne Gate v. Anderson: Won a substantial award of attorneys fees for obtaining a favorable settlement for a tenant claiming she was being evicted in reprisal for complaining about conditions in her apartment.

OTHER PERSONAL INJURY CASES

Foster v. McGovern: Won $250,000 verdict in informed consent sterilization case for welfare mother.

MISCELLANEOUS

Commonwealth v. Lowell: Obtained two not guilty verdicts from a jury (and a nolle prosequi) for a medic observing a Black Lives Matter civil disobedience action who was charged with conspiracy, trespass on state land and disorderly conduct for allegedly refusing instructions of police to leave the area and stop observing them.  Middlesex District Attorney Marion Ryan assigned a half dozen district attorneys to the case and sought to put medic in jail for forty five days.  Defense was based on constitutional right to observe police behaviors.

In re Walter: Won right of husband to custody of his wife's son without having to prove his paternity, where wife attempted to give up child for adoption and claimed child's father was a man with whom she had adulterous relationship; sustained by SJC.

First Realty Co. v. Tenants First Coalition: Defended and settled civil conspiracy case against tenant organization; settled. Subsequently engaged as consultant to defense counsel for Texas Farm Workers Union and Texas Rural Legal Assistance Program in similar litigation commenced by growers in southeastern Texas.

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©2009 Mark D. Stern | Attorney at Law
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34 Liberty Avenue | Somerville, MA | 02144 | 617.776.4020