Joe is a partner and a past member of the firm's Management Committee. He concentrates his practice in life, health and disability insurance defense, ERISA, and land use litigation, including environmental litigation.
He serves as counsel for numerous life, health and disability insurers and self-insureds at all levels of state and federal courts throughout Massachusetts. His representation includes the full spectrum of issues arising from both individual and group coverage, under both state and federal law, including ERISA. Joe also represents numerous business clients in addressing litigation issues that arise in the context of land use and environmental concerns. This includes representing clients in connection with administrative appeals and enforcement actions involving the Massachusetts Department of Environmental Protection and the Environmental Protection Agency as well as actions involving private parties, including litigation related to contaminated property and regulatory compliance.
In both 2008 and 2009, Joe was named a Massachusetts "Super Lawyer" by Boston magazine and Law & Politics.
Representative Matters
- Successfully represented insurer before the Massachusetts Appeals Court in establishing standard of proof for rescission of life insurance policies for fraudulent misrepresentation
- Obtained a judgment on behalf of insurer in Massachusetts Superior Court establishing the standard for appropriate care in a disability policy under Massachusetts law
- Represented insurer responding to civil investigative demand from Massachusetts Attorney General and Division of Insurance regarding broker compensation, including managing a significant and complex document production
Represented a disability insurer before the U.S. Court of Appeals for the First Circuit in establishing a standard of review in ERISA benefit claim determinations - Represented an insurer before the U.S. Court of Appeals for the First Circuit in establishing that a disability policy constituted an ERISA plan
- Obtained a jury verdict in federal district court for an insurer against a physician claiming total disability
- Represented an insurer in federal district court in establishing grounds for a rescission of coverage in a benefit plan governed by ERISA
- Represented an insurer in obtaining a precedent-setting ruling in federal district court regarding the production of surveillance materials in discovery
- Obtained a ruling on behalf of an insurer in federal district court that the administrative record could not be opened to admit evidence generated after a final decision on an ERISA claim
- Represented a Massachusetts municipality before the Massachusetts Supreme Judicial Court in a case of first impression regarding regulatory takings
- Obtained a contempt verdict against a developer on behalf of a municipality for failure to complete an affordable housing project, including an award of damages and attorneys' fees
- Represented clients in connection with a resolution of potential claims on EPA Superfund sites
- Represented clients in defending against and resolving compliance actions brought by the Massachusetts Department of Environmental Protection
