Legal Counsel Without The Nonsense
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Aggressive and assertive advocacy
Litigation
SKILLED TRIAL ATTORNEYS
We understand that litigation is sometimes necessary, but we also know that it can be costly and disruptive to you and your business, which is why we provide extensive pre-litigation evaluation and counseling and aggressively pursue discovery and dispositive motions to try to obtain pre-trial judgment and to position your case for a favorable resolution by settlement or trial.
We have the skills and experience to take your case to trial and the knowledge and creativity to achieve your goals without the need for trial.
REAL EXPERTS IN REAL ESTATE
Real Estate Litigation
Schofield Donnelly specializes in all types of disputes concerning real estate. Our attorneys have tried such cases in Land Court and Superior Court and have successfully argued such cases before the Massachusetts Appeals Court. Our vast experience in all aspects of real estate law including transactions, condominium law, and zoning and permitting provides us with a unique perspective and gives us a competitive advantage.
We represent clients in boundary disputes, zoning appeals, claims of adverse possession, title disputes, petitions to partition, and claims arising from purchase and sale agreements. Our vast knowledge and experience help clients resolve such disputes, complete the deal, and recover damages.
Boundary Disputes
Zoning Appeals
Adverse Possession
Title Disputes
P&S Cases
Boundary Disputes
• Represented clients in Middlesex Superior Court in a complex case between neighbors concerning various conditions imposed pursuant to a subdivision approval and the location and ownership of certain trees. Reached favorable settlement on the first day of trial.
• Represented medical condominium unit owner in Land Court concerning the improper and unlawful relocation of a wall between units.
• Represented clients in claims for trespass and unlawful cutting of trees and obtained a successful result prior to filing suit.
Zoning Appeals
- • Obtained summary judgment for our client in Land Court on the grounds that an abutter who appealed a Special Permit granted to our client by the Lynn Zoning Board of Appeals lacked standing to appeal.
- • Represented developer in Suffolk Superior Court in an appeal of variances granted by the Boston Zoning Board of Appeals and reached favorable settlement after challenging the standing of the plaintiff.
- • Currently represent abutter in Suffolk Superior Court in an appeal of a special permit granted by the Boston Zoning Board of Appeals.
Adverse Possession
- • Defended client in an adverse possession case in Middlesex Superior Court concerning beachfront access and negotiated favorable settlement for client.
- • Represented plaintiffs in an adverse possession case in Land Court concerning a disputed driveway and settled by obtaining necessary easements.
- • Represented developer against claim for adverse possession by abutter and negotiated a favorable resolution prior to a suit being filed.
Title Disputes
- • In a case in Middlesex Superior Court concerning a proposed development, we filed a successful Special Motion to Dismiss securing dismissal of all claims against our client, dissolution of a lis pendens, and recovery of legal fees on the grounds that the alleged contract failed to satisfy the Statute of Frauds.
- • Following a six-day trial in the Land Court we obtained judgment in favor of our client to quiet her title against claims by family members.
- • Represented client in Petition to Partition case between former partners filed in Land Court. Obtained significant financial compensation for our client.
P&S Cases
- • Represented defendants in a five-day bench trial in Dukes County Superior Court on claims of fraud and undue influence concerning disputed purchase and sale of a property on Martha’s Vineyard.
- • In a broker dispute in Norfolk Superior Court, we obtained summary judgment for our client on the grounds that the listing agreement lacked consideration because the broker did not agree to undertake any specific actions. SD successfully defended this victory before the Massachusetts Court of Appeals.
ZEALOUS ADVOCACY
Commercial Litigation
Our attorneys represent individuals, companies, and partnerships in all types of commercial disputes. We are seasoned and sophisticated litigators, which means we understand that cases are frequently won or lost at the earliest stages. The strategy of a case including the choice of claims, development of facts, conduct of discovery, and use of dispositive motions can result in an early victory or lay the groundwork for a successful trial.
We represent plaintiffs and defendants in actions for breach of contract, fraud, and violations of the Massachusetts Consumer Protection Act. We also represent clients in cases involving the dissolution of businesses or partnerships including claims for breach of non-compete agreements and fiduciary duties.
We also represent executors, administrators, beneficiaries, trustees, and others in complex probate litigation involving trusts and estates, will contests, and fraudulent administration claims
Contract Disputes
Business Dissolutions
Construction Litigation
Probate Litigation
Contract Disputes
- • Represented national solar company in an action in Bristol Superior Court for breach of contract against mall owner and secured Writ of Attachment that enabled us to recover all amounts due to our client including their legal fees.
- • Represented prominent regional bank in action in Suffolk Superior Court against former CFO for breach of contract, embezzlement, and breach of fiduciary duties.
- • Represented New York investor in the United States District Court of Massachusetts in action to enforce Promissory Note.
- • Represent seller of commercial dry cleaning equipment against claims filed in Middlesex Superior Court for breach of contract and breach of warranty.
Business Dissolutions
- • In a case concerning the dissolution of a limited liability company, we obtained dismissal of all claims against our client, who held a minority stake. Based upon our substantive and procedural arguments, the Essex Superior Court dismissed all seven counts against our client.
- • Represented a national medical device manufacturer in Middlesex Superior Court in an action to enforce a non-compete provision against a former distributor of our client’s products and negotiated a settlement that enabled our client to protect its business interests.
- • Represented attorneys in action for their share of contingency fees owed by former partners. Based upon our strategy and filings we secured payment of all amounts due to our clients.
Construction Litigation
- • Represented homeowners in action against contractor in Middlesex Superior Court and obtained bank attachments that enabled us to recover substantial compensation for our clients.
- • Represented homeowner in preparing demand letter upon contractor for breach of contract and violations of the Massachusetts Consumer Protection Act. Based upon our efforts, homeowner was able to secure completion of the project and issuance of a Certificate of Occupancy.
- • Represented contractor in dispute with building owner for unpaid services and future contracted work and obtained favorable result prior to filing suit.
- • Represented contractor in responding to complaints filed by homeowner with various state agencies.
Probate Litigation
- • We represented the trustee of a family trust against allegations that he breached his fiduciary duties and succeeded in having the case dismissed pursuant to our Motion for Summary Judgment.
- • In a case filed against our client in California, we successfully argued that the case should be dismissed because the court lacked personal jurisdiction over our client, who is the trustee of a Massachusetts trust.
- • In a case concerning payments allegedly due to a nursing home, we successfully argued that the claims filed against our client should be dismissed because the plaintiff lacked standing to assert claims on behalf of the estate of the deceased.