In a dispute involving a 17-year business relationship between companies in the plastic film industry, firm attorneys prevailed at trial and on appeal in this breach-of-contract case. When a firm client suspected it was being shortchanged by its materials supplier, the future of their small family business was at stake. Pierce Atwood stepped in and helped convince a jury in Rhode Island federal court to award $2 million in lost profits to our client and ensure that the 17-year contract would remain in force. The award and the contract helped ensure the future of this small business.

We successfully tried a NASDAQ-listed company's claims against an ASIC developer who had contracted to develop the client's next generation product. The 14 person jury returned a unanimous verdict in favor of our client for $36.7 million in damages, which is believed to be the largest verdict ever from a state court jury in Massachusetts. The jury also returned a verdict for the client rejecting the developer's approximately $7 million in counterclaims.

John Bulman has been appointed sole arbitrator in an AAA large complex case dispute relating to the engineering, design, procurement and construction of a power plant in the Eastern U.S.

Pierce Atwood won an insurance coverage appeal to the Massachusetts Appeals Court for our client, an insured food processing company. The appeal turned on the issue of whether an unexplained cause of damage to property constitutes an “occurrence” under a commercial general liability (CGL) insurance policy. The appeals court reversed summary judgment that the trial court entered in favor of the insurer, and remanded the matter to the trial court for further proceedings. The decision is significant because it is the first in the country where the court ruled that an insured’s liability based on application of the res ipsa loquitur doctrine could be sufficient to establish an “occurrence” under a CGL policy, despite not knowing the actual cause of damage. This is an important decision that is extremely beneficial to policy holders.

Represented US entity in distributorship dispute with UK company and its US sales and marketing subsidiary.  The matter was administered by ICDR and arbitrated in Rhode Island. Issues concerned reaching the correct respondent (which had approximately 13 related companies).  Received award for 100% of damages, plus attorney’s fees under Rhode Island statute, plus interest, and had the correct respondent liable for the award.  The matter is now in collection in the UK, which administers such awards under the New York Convention.

John Bulman has been appointed to chair an arbitration panel regarding a large complex dispute involving development of a new petrochemical plant.

Represented one of two partners in partnership dispute pertaining to operation of P&C personal lines insurance agency.  Ultimately we secured an agreement to arbitrate the dispute, addressing liability and then issues of valuation for a divorce between the partners.  Secured findings in favor of our client and very successful award of damages (high six figures) for his interest in the agency.

John Bulman is serving as an arbitrator in a matter relating to the construction of a natural gas-fueled combined-cycle generating facility in New England.

John Bulman has been appointed the sole arbitrator in a large complex construction dispute involving a multi-unit residential condominium development project located in suburban Boston.

Represented a construction manager seeking payment for labor and materials (plus profit) provided to a luxury condominium developer, prior to termination. Required to prove that the termination was for convenience and then to prove damages, which was challenging due to the manner in which financial records were maintained.  The developer offered nothing to settle until first day of hearings, when he offered slightly less than $1 million.  Ultimately an award was issued providing for payment to construction manager of slightly more than $5 million, representing almost a 100% recovery plus interest.

Represented the developer of limited service hotel in dispute with construction manager, leading to construction manager’s termination of the contract, arguing material breaches by the developer. The matter went through mediation and then arbitration with award being issued in favor of developer for cover. The proceeding also involved peripheral disputes with various trades who had liens on the project.

Pierce Atwood represents a large national bank in an overdraft fee MDL pending in the District of South Carolina.  During the course of the representation, we obtained dismissal of plaintiffs’ claims based on the bank’s past practice of ordering debits from high to low, and of usury claims based on the bank’s assessment of additional fees after a customer’s checking account continues to have a negative balance ten business days after the initial overdraft.  In addition, we successfully opposed plaintiffs’ motion to certify a class seeking actual damages for alleged violation of the Electronic Funds Transfer Act. 

Served as chair of arbitration panel addressing claims by public owner against Design Builder of waste-to-energy generating equipment.  Following issuance of award against Design Builder, at the request of the Design Builder, successfully mediated a resolution in a follow-up dispute with its vendors/subcontractors and consultants.

Pierce Atwood represented Portland Pipe Line Corp. in legislative opposition to, and in litigation challenging, an ordinance that prevents the use of its pipeline for transporting certain types of crude oil from Canada to tankers in Portland Harbor. Portland Pipe Line Corp. withdrew the lawsuit in July 2021.

In a case that should be of interest to manufacturers and distributors, and especially to suppliers of building products, Pierce Atwood’s class action defense team defeated class certification in a building products case in the District of Massachusetts. Plaintiffs alleged defective design and manufacture of decking sold by our client. After extensive fact and expert discovery, Plaintiffs filed a motion for class certification, and a hearing was held. On September 21, 2015, District Judge Denise Casper issued her decision denying Plaintiffs’ motion, ruling that individualized issues of causation and injury precluded findings of commonality, typicality and adequacy under Federal Rule of Civil Procedure 23(a). The judge based her ruling, in part, on evidence that only a small percentage of purchasers had reported problems with the decking, and that almost all of the warranty claims those purchasers submitted had been honored.

John Bulman has been asked to serve as an arbitrator in a consumer dispute based on the Fair Debt Collection Practices Act regarding alleged violations of the Telephone Consumer Protection Act and breach of contract.

Defended a representative of Fidelity Investments in a deposition. 

Defense of a financial institution in U.S. District Court in Massachusetts in an employment action brought by former employees alleging deceptive employment practices.

Defended a gaming company in litigation over an alleged breach of a multi-million dollar royalty agreement.

Anne Meade v. S.D. Warren, et al. 00-018, Somerset County Superior Court, Maine, Docket No. CV-00-018. Mass tort case (not a class action) arising from a “cancer cluster,” alleging damages for personal injuries and illnesses allegedly resulting, inter alia, from exposure to toxic or harmful chemicals disposed of, emitted, or released at or from the Central Maine Disposal Corporation Landfill in Fairfield, Maine.