Recent Judgments, Awards, Settlements & Verdicts

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DIVORCE AND FAMILY LAW

Successfully negotiated settlement involving well-compensated husband in a divorce action involving an equitable division of the marital estate which included residential and commercial real estate valuations, a closely held business valuation, and a generous state pension, in which husband retained his entire pension. The parties were involved in a long-term marriage with children and substantial assets. A number of experts were retained and consulted in order to determine values of the various assets in the marital estate, including business valuators, pension appraiser, actuary, and a CPA. A number of marital assets were tax affected in order to equalize the net division of assets taking into account tax consequences of distribution of pre-tax retirement accounts and post-tax accounts. Windfall provisions of the Social Security Act, the IRS Code, the Alimony Reform act, the Massachusetts Child Support Guidelines and coverture principals were considered in drafting a divorce agreement which provided the husband with the desired resolution.

Parties with three children were divorced after 23 years of marriage. The Husband re-married. Some years later, upon emancipation of the youngest child, the child support ceased and the Wife commenced receiving a fixed amount of alimony pursuant to the terms of the divorce judgment. Thereafter, she filed a Complaint for Modification seeking an increase in alimony claiming that Husband's income had increased substantially since the divorce. Husband's income had increased substantially from $2700.00 weekly to $6300.00 weekly, however, Wife's income had increased as well, and her financial circumstances improved. The matter proceeded to trial. After trial, the court found that Wife's expenses were inflated and that her income far exceeded the expenses required to maintain the modest lifestyle enjoyed by the parties during the marriage. Wife's counsel was repeatedly prevented over objection by Husband's counsel from introducing evidence and testimony during the course of trial. Wife's complaint for modification was dismissed based upon a lack of material or substantial change in circumstances.

Parties were married for 22 years. At the time of the divorce and in all proceedings thereafter, Father was represented by Attorney Gabriel. The parties had four children. The Father was ordered to pay a substantial amount of weekly child support to the Mother. A permanent alimony waiver was negotiated through the divorce action, whereby Mother received an additional sum from the Father's share of the proceeds from the sale of the martial home and forever waived alimony. After the divorce, Father filed a modification seeking a change in custody of two of the parties' four children. The matter went to trial. Father was successful and his child support obligation was reduced. Thereafter, Father filed a second complaint for modification seeking custody of the parties' two youngest children. The matter proceeded to trial. Father' complaint for modification was successful. Father's child support obligation was terminated and Mother was ordered to pay child support to Father.

7 day custody trial: result father awarded sole legal and physical custody of minor children where mother previously had custody and the parties shared legal custody

Complaint for Contempt in behalf of Wife for former Husband's failure to pay alimony; Award $104,000.00 plus $44,000.00 in attorney fees and sanctions

Divorce Action/ Wife refused to make reasonable settlement offer/ Substantial award to Husband plus attorney fees and costs after trial

Complaint for Contempt and Modifications seeking increase in child support. Wife's child support increased from $250.00 per week to $585.00 per week after trial

RECENT VERDICTS/DECISIONS IN CRIMINAL CASES

45 year old woman driving her motor vehicle from Salisbury through Rowley along route 1, arrested and charged with operating under the influence of alcohol. The woman acknowledged drinking alcohol at a concert earlier and was compelled to perform sobriety tests in the pouring rain in very high heels. Jury verdict - not guilty.

30 year old man arrested and charged with operating under the influence in Lynn, Massachusetts by Saugus Police. Motion to suppress evidence and statements of the defendant for illegal extra-territorial stop was allowed resulting in case being dismissed.

Juvenile charged with shop lifting at local department store. Video admitted into evidence. After a bench trial, verdict - not guilty.

Woman alleged to have assaulted and threatened relative with physical harm resulting in the issuance of a 1 year restraining order. Defendant was not represented by counsel. She retained our office. A motion to vacate the restraining order with extensive memorandum and supporting case law, filed and allowed, resulting in the restraining order being vacated.

Cross harassment orders sought by dueling neighbors, resulting in only one party ultimately obtaining an order against the other, at which point, Attorney Gabriel was retained by the unsuccessful party. Motions for re-hearing and motions to vacate the order were presented and allowed by the court. After a second evidentiary hearing was granted, our client was allowed to present further evidence and witness, we were successful in having the vacated order reinstated. Ultimately both orders were vacated retroactively.

Man charged with operating Under the Influence while driving along route 9/ (Worcester Central District Court) jury verdict – not guilty

Man charged with operating under the influence after being involved in auto accident while leaving Tweeter Center/ Attleboro District Court/ Jury verdict – not guilty

Husband charged with domestic assault and battery / Chelsea District Court/ Jury verdict-not guilty

Boyfriend charged with assault and battery and assault and battery dangerous weapon/case dismissed

Juvenile charged with shop lifting/ bench trial not guilty

Man involved in auto accident charged with operating under the influence and negligent operation-jury verdict-not guilty

Juvenile charged with cruelty to animals/ Salem Juvenile/ case dismissed

RECENT SETTLEMENTS AND AWARDS

$500,000.00:Wife observes husband being run over and killed in crosswalk, severe emotional distress and psychiatric hospitalization
$250,000.00:Settlement for a woman attacked and mauled by a pit bull on the grounds of a motel in Peabody, Massachusetts
$150,000.00:Woman injured on golf course while walking dog
$115,000.00:Settlement for a passenger in a motor vehicle head on collision in Gloucester, Massachusetts.
$90,000.00:Woman injured in auto accident while driving to Cape Cod
$90,000.00:Patient injured in hospital, nurse trips on catheter, punctures bladder
$80,000.00:Settlement for a passenger (young boy) in a motor vehicle collision in Revere, Massachusetts.
$60,000.00:Pedestrian struck by motorist on bicycle: head and back injury
$35,000.00:Cracked mirror shatters and causes laceration and scarring to foot
$35,000.00:Settlement for a passenger in a motor vehicle in Gloucester, Massachusetts
$20,000.00:Guest injured when porch floor gives way / ankle injury
$20,000.00:Motorcycle injury - back injury
$16,000.00:Woman slips and injures back in flood
$13,000.00:Settlement for a woman who was rear ended in Chelsea, Massachusetts
$12,000.00:Woman struck in cross walk - knee injury
$10,574.00:Motor vehicle accident - back strain/sprain