Campbell Trial Lawyers Firm News

Campbell Trial Lawyers secures another victory for Tesla Motors MA, Inc.

23 Apr 2013 00:00:00 -0800

In late October, 2012 (on the eve of a scheduled hearing before the Board of Selectmen for the Town of Natick, Massachusetts regarding the issuance of a Class 1 license to sell new motor vehicles) the Massachusetts State Automobile Dealer Association brought a lawsuit against our clients Tesla Motors, Inc. and Tesla Motors MA, Inc. claiming that the innovative electric vehicle manufacturer’s high-end Gallery at the Natick Mall violated state franchise dealer statutes and that Tesla’s direct sales and distribution strategy through its own retail stores was illegal. Tesla maintained that its facility at the Natick Mall was an upscale Gallery where visitors could see the Tesla S model, learn about electric vehicles, and purchase accessories. Tesla was applying for a Class 1 license to sell new Tesla S models at a separate facility located in a different part of Natick where it would faithfully comply with all Massachusetts laws governing the sale of new vehicles.

The Massachusetts State Automobile Dealers Association asked the Massachusetts Superior Court for a temporary restraining order and preliminary injunction that (if granted) would have effectively shut down the Natick Mall Gallery which opened in September 2012, by prohibiting Tesla from doing "anything other than an unstaffed display of a locked automobile." The injunction was denied. The Superior Court held that the franchise dealer statutes at the core of the Dealers Association’s claims applied only to automobile manufacturers and their affiliated dealers and not to unrelated manufacturers like Tesla. As such, the Court ruled that the Massachusetts Automobile Dealers Association lacked standing to bring the lawsuit. Tesla Motors, Inc. and Tesla Motors MA, Inc. thereafter moved to dismiss the lawsuit with prejudice.

In a second victory for the company, the Natick Board of Selectmen voted on December 10, 2012 to issue a Class 1 license to Tesla. Thereafter, Massachusetts consumers (like consumers all over the United States) began gobbling up Tesla S models.

On New Year’s Eve, Campbell Trial Lawyers secured another win for Tesla Motors, this time with the dismissal of all counts brought against the innovative car company. Judge Kenneth Fishman of the Superior Court granted Tesla Motor’s 12(b) motion to dismiss with prejudice, finding that the plaintiffs lacked standing and failed to state a claim upon which relief may be granted. Importantly, the Court refused to read the relevant statute as “intending to protect a motor vehicle dealer from an unaffiliated manufacturer.” MSADA has appealed this decision.

MSADA also filed a separate lawsuit in Middlesex County against the Natick Board of Selectmen following their issuance of a Class 1 License to Tesla. Campbell Trial Lawyers moved to intervene and to dismiss that lawsuit.

The Superior Court, having earlier allowed Tesla to intervene, delivered its Memorandum of Decision and Order dismissing MSADA’s complaint. Judge Bruce Henry found that the MSADA failed to demonstrate any injury from the Natick Board of Selectmen’s issuance of the Class 1 license to Tesla. Judge Henry flatly rejected MSADA’s bald assertion “that allowing Tesla to sell vehicles under the proposed plan will destroy the franchise system.” And he adopted Judge Fishman’s “well-articulated rationale” rejecting MSADA’s claim that G.L. c. 93B prohibited Tesla from selling motor vehicles from its Natick site.”

Richard P. Campbell serves as lead trial counsel for Tesla Motors MA, Inc. and Tesla Motors, Inc. in this case. Shareholders Kurt Gerstner and Richard L. Campbell also represent the clients in these related matters.

Campbell Trial Lawyers secures victory for Tesla Motors, Inc.

31 Jan 2013 00:00:00 -0800

In late October, 2012 (on the eve of a scheduled hearing before the Board of Selectmen for the Town of Natick, Massachusetts regarding the issuance of a Class 1 license to sell new motor vehicles) the Massachusetts State Automobile Dealer Association brought a lawsuit against our clients Tesla Motors, Inc. and Tesla Motors MA, Inc. claiming that the innovative electric vehicle manufacturer’s high-end Gallery at the Natick Mall violated state franchise dealer statutes and that Tesla’s direct sales and distribution strategy through its own retail stores was illegal. Tesla maintained that its facility at the Natick Mall was an upscale Gallery where visitors could see the Tesla S model, learn about electric vehicles, and purchase accessories. Tesla was applying for a Class 1 license to sell new Tesla S models at a separate facility located in a different part of Natick where it would faithfully comply with all Massachusetts laws governing the sale of new vehicles.

The Massachusetts State Automobile Dealers Association asked the Massachusetts Superior Court for a temporary restraining order and preliminary injunction that (if granted) would have effectively shut down the Natick Mall Gallery which opened in September 2012, by prohibiting Tesla from doing "anything other than an unstaffed display of a locked automobile." To secure an injunction in Massachusetts, as in federal court, the Massachusetts State Automobile Dealers Association had to demonstrate a likelihood of success on the merits and irreparable harm. The injunction was denied. The Superior Court held that the franchise dealer statutes at the core of the Dealers Association’s claims applied only to automobile manufacturers and their affiliated dealers and not to unrelated manufacturers like Tesla. As such, the Court ruled that the Massachusetts Automobile Dealers Association lacked standing to bring the lawsuit. Tesla Motors, Inc. and Tesla Motors MA, Inc. thereafter moved to dismiss the lawsuit with prejudice.

In a second victory for the company, the Natick Board of Selectmen voted on December 10, 2012 to issue a Class 1 license to Tesla. Coupled with the MSADA’s failure to secure an injunction, Tesla will now begin selling its Tesla S model to Massachusetts consumers.

Campbell Trial Lawyers Win Age Discrimination Case Brought Against Conservative Jewish Congregation

22 Jan 2013 00:00:00 -0800

Plaintiff brought this action against her employer and our client, a Conservative Jewish Congregation, one of its governing bodies, and one of its managers, claiming that all three discriminated against her in her employment by reason of her age, in violation of G.L, c. 151D, and that the governing body and the manager interfered with her contractual relations with the employer and intentionally inflicted emotional distress upon her. The plaintiff taught seventh grade students. During her typical day, she would teach students about Jewish customs and values, the Hebrew language and Jewish history. She would also lead students in prayer and worship, and would attend Shabbat services with them.

Defendants moved to dismiss the claims under Mass. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction. The Superior Court, Essex County (Whitehead, J.) agreed and granted the synagogue’s motion to dismiss on the grounds that the ministerial exception to employment discrimination laws applied to the teacher’s claim regardless of whether the teacher held any title of clergy. In its decision, the court noted that its involvement in the dispute would have infringed the free exercise of religion or caused excessive entanglement between the State if the court were to order the synagogue to rehire a religious teacher it did not want to employ, or to order damages for refusing to do so.

Brian P. Voke served as lead trial counsel for the Conservative Jewish Congregation in this case. Christopher R. Howe also represented the client in these matters.

Campbell Trial Lawyers once again named a Tier 1 "Best Law Firm" for 2013

01 Nov 2012 00:00:00 -0800

We are pleased to announce that Campbell Campbell Edwards & Conroy has once again been selected as a Tier 1 firm in both Personal Injury Litigation – Defendants and Products Liability Litigation – Defendants by US News Media Group and Best Lawyers.

The 2013 "Best Law Firms" rankings, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings. The third edition of these rankings features law firms given consistently impressive performance ratings by clients and peers. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For over thirty years, the company has helped lawyers and clients find legal counsel in distant jurisdictions or unfamiliar specialties. The 2013 edition of The Best Lawyers in America includes 41,284 lawyers covering all 50 states and the District of Columbia and is based on more than 4.3 million detailed evaluations of lawyers by other lawyers. Best Lawyers also publishes peer-reviewed listings of lawyers in nearly 70 other countries, covering many of the world's major legal markets. Best Lawyers lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 17 million readers.

Richard P. Campbell receives UMass Distinguished Service Award

31 Oct 2012 00:00:00 -0800

October 11, 2012 – Boston, MA Charlie Titus, the Vice Chancellor for Athletics and Recreation of the University of Massachusetts Boston, has selected Mr. Richard P. Campbell of Cohassett as this year’s recipient of the Distinguished Service Award, in recognition of his outstanding service as a member of the UMass Board of Visitors, his many achievements as an attorney, and his years of work with the September 11^th Victims Compensation Fund. Titus will present the award on Thursday evening October 11, 2012 during the University of Massachusetts Boston Athletics Hall of Fame Banquet at the Campus Center. Prior recipients of the Award have included Mayor Thomas Menino, former State Senate President Robert Travaglini, business and community leader UMASS hockey legend Robert Leahy, and most recently Peter Berlandi.

Richard P. Campbell, is the founder of Campbell Campbell Edwards & Conroy and primarily represents national and international corporations in complex cases, including multi-district litigation, class actions, aviation, toxic tort and products liability disputes. He also represents clients in commercial disputes, including contests over the control of closely held corporations. He is one of seven national trial counsel for Caterpillar Inc., and is lead trial counsel for one of the commercial airlines in the litigation pending in the United States District Court for the Southern District of New York arising out of the terrorist attacks of September 11th. Judge Alvin K. Hellerstein appointed him to the Aviation Defendants’ Executive Committee ("ADEC") as Representative of the “Non-Carrier” Airlines Group. Under the leadership of its Liaison Counsel, Desmond T. Barry, Jr., the ADEC is responsible for coordinating the overall management of the procedural aspects of the litigation.

Mr. Campbell was President of the Massachusetts Bar Association in 2011-2012. He graduated from Boston College Law School, cum laude, in 1974 and from the University of Massachusetts in 1970. Richard P. Campbell is recognized as among the Best Lawyers in America for Products Liability Litigation - Defendants as well asPersonal Injury Litigation - Defendants and was also chosen as Boston’s 2012 Best Lawyer of the Year in this category. Richard P. Campbell is listed in the Who’s Who Legal for Product Liability Defense. Mr. Campbell is a Fellow of the American College of Trial Lawyers and is Chair of the Adjunct State Committee. Dick has served as Chair, and is an active member, of the American Bar Association, Tort Trial and Insurance Practice Section. He is a member of the International Association of Defense Counsel and was Dean of the 2005 Corporate Counsel College. Mr. Campbell is a member of the American Board of Trial Advocates, the Defense Research Institute and the Product Liability Advisory Council, in which he was the first non-industry member of the Executive Council. Mr. Campbell is Founding Chair of the Board of Overseers at Boston College Law School and was awarded Boston College Law School’s highest honor, the Founders Medal. He serves as Trustee of the University of Massachusetts and is a member of the UMass Building Authority. Richard Campbell was recently named to the ABA’s Task Force on the Future of Legal Education.

Kathleen Guilfoyle elected to DRI's National Board of Directors

10 Oct 2012 00:00:00 -0800

We are pleased to announce that Kathleen Guilfoyle has been elected as a National Director of the Defense Research Institute at the recent DRI Annual Meeting in New Orleans. Kathy will assume her three year term in 2013.

Kathleen Guilfoyle focuses her practice on aviation defense, products liability in the automotive and commercial trucking industries, and environmental litigation. She represents several airlines, airport authorities and ground handling companies in cases pending throughout the state and federal courts of Massachusetts and New Hampshire. This litigation includes the defense of claims involving personal injury, premises liability, the Air Carrier Access Act, discrimination and general commercial litigation. Currently, she and the firm represent one of the non-carrier airlines in the litigation pending in the United States District Court for the Southern District of New York arising out of the terrorist attacks of September 11th. In this litigation, she also worked on responding to requests for information from the Kean Commission, and participated in non-public witness interviews of various airline personnel by Kean Commission staffers. Kathy was a presenter at the first ACI Aviation Conference in Boston.

In addition to those in the automotive and commercial trucking industries, Kathy has handled a variety of cases involving such diverse products as printing presses, heaters, toys, food and medication. She has also handled the defense of various environmental claims for fuel suppliers involving 21E claims, releases, propane tank explosions and faulty regulators.

Kathy was also recently selected as a Top Woman of Law by Massachusetts Lawyers Weekly.

The Defense Research Institute is the leading organization of defense attorneys and in-house counsel. DRI is committed to: enhancing the skills, effectiveness, and professionalism of defense lawyers; anticipating and addressing issues germane to defense lawyers and the civil justice system; promoting appreciation of the role of the defense lawyer; and improving the civil justice system and preserving the civil jury.

Adam Larson spoke at the MBA October Bench/Bar program

01 Oct 2012 00:00:00 -0800

Adam Larson spoke at the Massachusetts Bar Association's October Bench/Bar Program entitled "Making Your Life Easier with ADR". His topic will answer the question "When, as a defendants' attorney, do I find mediation a good choice for my client?" This program was held at Boston College Law School on Thursday, October 4 from 5:30 - 7:30pm.

Adam Larson's practice concentrates on civil litigation including commercial, personal injury and product liability matters including toxic torts and premises liability. He serves clients in the automotive and aircraft industries, trucking and transportation industries, and power plants.

For more information about this program and for registration information, please click here.