Misenko, Darren

"We strive to achieve outstanding results for every client. It's truly amazing what you can accomplish when you listen to your client, roll up your sleeves, and execute a well conceived game plan."

John Miller is a seasoned trial lawyer with over 16 years of experience counseling clients and representing their interests in complex litigation matters.  John joined Sally & Fitch LLP in 2004 after spending eight years practicing with Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., a large national firm.  John is knowledgeable in all stages of complex commercial litigation in state and federal courts and also has extensive experience representing clients in arbitrations and mediations. 

In 2012, John was recognized as a "Massachusetts Super Lawyer" in a list published by a Thomson Reuters rating service in Boston Magazine.  No more than 5% of the lawyers in the state were elected for the list. 

John has represented and advised individuals and clients in the technology, power, manufacturing and many other industries on matters involving business contracts, business torts, close corporation shareholder and fiduciary disputes, employment contracts, trademark infringement, software licensing, consumer protection violations, among other issues.  John is also knowledgeable in residential and commercial real estate litigation matters and has successfully represented clients in Land Court and Superior Court in cases involving failed purchase and sale agreements, adverse possession, easements, and title defects.  John has particular experience with construction related litigation and has represented contractors, subcontractors and project owners in disputes concerning a variety of public and private construction projects.  John has been a member of the American Bar Association's Forum on the Construction Industry and has written on the topic of advanced construction project delivery systems and construction management.

John graduated with honors from Swarthmore College in 1988.  He received his J.D. from Northeastern University School of Law in 1994 where, in his third year, he served as an instructor in the first year legal writing and research program.  Following law school, John spent a year as a law clerk to the Justices of the Massachusetts Superior Court, devoting half of his clerkship to supporting Judge Margot Botsford, now on the Supreme Judicial Court.

Representative Cases

• Obtained a jury verdict on multiple counts, and judgments totaling over $4 million against defendants involved in what the Court deemed a “preposterous fraud” that duped our clients into buying a distressed, uninhabitable condominium they never intended to purchase.

• Recovered some $872,000 in attorneys’ fees, litigation costs and interest for clients after successfully defending against real estate broker’s appeal from Superior Court award for real estate agent’s violation of the Massachusetts consumer protection statute, G.L. c. 93A.

• Won summary judgment in the Superior Court on behalf of a state university client that had been sued for alleged defamation, interference with contractual relations and intentional infliction of emotional distress.

• Pursuing damages claims and injunctive relief in the Middlesex Family and Probate Court, recovered $1,155,000 from a trustee who had systematically comingled and misappropriated assets placed in trust by our client’s ailing mother. 

• Represented commercial electrical subcontractor in multi-party construction litigation and successfully recovered hundreds of thousands of dollars on breach of contract and quantum meruit claims.

• After securing attachments against the defendant’s real estate and bank accounts, successfully traced and recovered over half a million dollars in converted funds on behalf of our Canadian client.

• Successfully defended closely held manufacturing business in personal injury lawsuit.

• Obtained favorable settlement on behalf of out of state manufacturing firm that had been saddled with a defective enterprise software system.

• Successfully defended an appeal from a judgment of the Land Court finding that our client's property is entitled to grandfathered status under the Nantucket Zoning By-Law.

• On winning trial team in Land Court case awarding the firm's client specific performance of an agreement for the purchase and sale of an historic residence on Nantucket. The Court found that the Seller had not used "reasonable efforts" to remove a federal tax lien and ordered the property conveyed to our client free from the lien.

• Obtained dismissal of a contract action brought by a former fiduciary against our clients.

• Successfully defended and resolved Superior Court action against our client who was accused of quitting position with technology firm only to join competitor in violation of his non-competition agreement.