Significant Cases

In 2006, the law firms of Denner Associates, P.C., and Raipher D. Pellegrino Associates, P.C. merged to form Denner Pellegrino, LLP. Prior to the merger, each firm had a long and distinguished track record in obtaining results for their clients. The following demonstrate the abilities of these firms and their lawyers to obtain results in difficult cases.

Personal Injury

Real Estate Developer charged with setting-off explosive device cleared

• Denner Pellegrino, LLP attorney Brad Bailey successfully represented a client charged by the United States government with setting off a homemade explosive device at an apartment house in Lovell, MA in 2005. The client is a real estate developer. Under one of the charges in the indictment returned by a federal grand jury, the client faced a mandatory minimum prison sentence of 30 years for possessing a destructive device in furtherance of a violent felony. The Government's case was wholly circumstantial and the developer's trial attorneys successfully demonstrated to the jury that rather than establishing the defendant's guilt, the evidence relied upon the by the government was rife with "reasonable doubt" and, along with evidence uncovered by the defense, actually suggested a number of other suspects had more likely motive to commit the crime than the developer had.

Result: After less that two hours deliberation, the jury acquitted the developer of all charges. Attorney Brad Bailey, a partner at Denner Pellegrino, LLP, was assisted in the case by attorney Gary Pelletier. Also of interest is that this is the third "not guilty" verdict received in federal court by the Denner Pellegrino criminal division lawyers in a period of less than one year.

Jury Verdict for the Firm's client for $936,000 in contract dispute between two chiropractors

• Attorney Raipher D. Pellegrino, Partner in Denner Pellegrino, represented Plaintiff, a chiropractor in a contract case against Defendant, also a chiropractor and related entities. The four day trial was held in Hampden County Superior Court and resulted in an award including interest of $432,000 from Defendant and $504,000 from a subsequent entity for a total of $936,000. Attorney Pellegrino argued that Defendant had a plan to take Plaintiff's clients and equipment for his own sole benefit while under the pretense of a partnership.
  
  Both Doctors are licensed chiropractors in the Commonwealth of Massachusetts. Plaintiff hired Defendant to work for him at his practice sometime in 1996. Plaintiff had been practicing since 1976. Defendant was offered a partnership position and there was an agreement to split expenses. Defendant then introduced Plaintiff to an investment counselor regarding the formation of a Trust, with the stated purpose of protecting Plaintiff's assets. Shortly after the formation of the partnership, the parties agreed to change the name of the practice.
  
  Without Plaintiff's knowledge, Defendant organized Active Back as a limited liability company with himself and the Trust as the only agents. Defendant informed the Plaintiff that the remaining income was being invested in an off shore bank in the Bahamas for the benefit of the partners. Defendant used partnership assets further to renovate the second floor of the building for a conference room which he then used to conduct a separate martial arts business without paying rent. He continued to refuse to account to Plaintiff for any partnership income or expense. In March 2003, Plaintiff informed Defendant that he wanted to terminate the partnership. In April 2003, Plaintiff learned that Defendant had secretly been soliciting referring attorneys to send potential clients to new entity's new location, of which Plaintiff had no knowledge. Defendant then took all current client files, as well as all office and medical equipment to the new location while Plaintiff was away on vacation.
  
  The jury found for Attorney Pellegrino's client and against Defendant on negligent misrepresentation and against the new entity on intentional misrepresentation.

Result: On February 23, 2007, A Hampden County Superior Court Jury returned a verdict of $650,000 plus interest for a total of $936,000 for the Plaintiff.

Elderly woman purchases an annuity for life and insurance company stops payments after 5 years

• Our client was a woman in her 70s who purchased an annuity for life and 5-years certain. She thought that she would receive a monthly benefit for life and if she were to die within the first 5 years after purchasing the annuity, her beneficiaries would receive whatever monthly benefits were left during the 5-year period. If she were to die after the first five years of the annuity, her beneficiaries would receive nothing. Our client did live during the first five years, but her annuity payments stopped after five years. The firm filed suit against the insurance company in U.S. District Court.

Result: The insurance company was found to be guilty of breach of contract and negligent misrepresentation. Our client was awarded back payments for life and a monetary stipend for her emotional distress. The insurance company appealed the decision to the First Circuit and lost their appeal. Attorney Raipher D. Pellegrino prevailed.

$1.275 million verdict for aggravation of injury (one of the highest jury verdicts in the history of Hampden County)

• Our client had suffered neck injuries in an auto accident. A week later he suffered aggravation of these injuries while a passenger in a vehicle due to the reckless driving of the vehicle's operator. Attorney Raipher D. Pellegrino tried this case in Hampden County Superior Court.

Result: Damages were awarded in the amount of $1 million for our client and $275,000 for his wife in her loss of consortium claim, plus interest for a total of $1.5 million.

Springfield Foundry Explosion

• Nine men were injured and three killed in a foundry explosion in Springfield in 1999. Our client lost his life when an explosion in the shell molding department blew out walls and lifted part of the roof. A lawsuit was filed on behalf of the workers against the parent company and the suit was settled after a week of mediation.

Result: $2.44 million was awarded to the estate of a worker represented by Raipher D. Pellegrino.

Firm wins large monetary settlement for homeowners

• A group of seven neighbors sued the city of Chicopee based on the City's liability in not preventing a known 30 year-old dumping practice in the ravine behind their homes. The dumping resulted in erosion of the slope of the land, illegal water pooling and instability in the foundations to their homes.
  After seeking help from five different attorneys, and being told they had no cause of action, Attorney Raipher Pellegrino sued under a specific tort; a violation of the wetlands act. He theorized that each day the material or fill was still in the ravine behind the homeowners' homes, there was a new tort and the statute of limitations had not run out. Of the seven members in the original complaint, two withdrew for fear of retaliation from the city.

Result: Before the case reached trial a settlement was offered by the city. The settlement was unique in that it offered each home owner a cash settlement and a 50% assessment of property taxes for life, resulting in very large sums. After trying for so many years to protect their personal investments, they had finally prevailed. The settlement triggered a response from the two property owners who had withdrawn from the suit. They then sued the city.

Boston University student shot by police receives damages of $250,000

• In October 2004, a nineteen-year old Boston University undergraduate was sharing in the joyful celebration-turned riot ensuing after a Red Sox victory over arch-enemy team, the Yankees, when suddenly he was shot in the forehead by a police officer's pepper pellet bullet. The student's injury required removing shrapnel from his head and sinus cavity, and he received a metal plate in his head. The student was relatively fortunate because from the same type of bullet another Boston University undergraduate was killed, and a second was shot numerous times. A scathing report of the police action and the incident was quickly made public. Among other criticisms, it was learned that the police who used the pellet guns were untrained in their use, and so were unaware, apparently, that the guns were not intended to be used in direct aim at a person's head area - precisely where they hit the students.
  
  The student immediately hired Denner Pellegrino firm and Attorney Robert Sinsheimer negotiated a fair and just settlement.

Result: The City of Boston paid $250,000.00 to the student for damages.

Social Host Liability and Auto Accident Case Settles for Total of $150,000

• Our client was a junior in high school who attended a keg party at the home of another high school student while the student's parents were not at home. An obviously intoxicated underage boy left the party with his girlfriend. With his car screeching and swerving as he was driving away, he hit and injured our client. The parents, the owners of the property, were sued for "social host liability." The defendants filed a motion to dismiss the case. Attorney Pellegrino successfully defeated the defendants' motion to dismiss by arguing that the alcohol was supplied by the defendants because their daughter was charging money for each beer poured, and that cups and utensils from the home were used.

Result: Our client prevailed on the summary judgment and subsequently prevailed in her lawsuit and was awarded substantial monetary damages. After the defendants' motion to dismiss was defeated, the insurance company settled for our client.

HIV and Medical Negligence

• This case was heard before a jury before privacy (HIPPA) laws went into effect. Our male client had contracted the HIV virus, which was recorded in his medical records. These medical records were negligently placed in the wrong patient's file and into another patient's hands. As a result of the error, word of our client's HIV status quickly spread in the community causing him to become embarrassed, depressed and ultimately causing him to withdraw from his daily activities. Before he sought the advice of Attorney Pellegrino, all he wanted was an apology from his doctor's office. He did not receive one; and was essentially told that because he received welfare assistance, his privacy issues were not a concern. Subsequently, in an effort to seek justice, we filed a law suit against the doctor's office for breach of our client's right to privacy. Our client was by this time so consumed by AIDS that he would fall asleep during the trial. The jury, after hearing the case, was in tears.

Result: By the time of trial, our client received monetary damages, and died the day after signing his settlement check over to his daughter.

Young man shot by police was awarded $475,000 with a substantial reduction of medical lien:

• Our client, who had outstanding warrants against him, possessed a small amount of contraband in the car he was driving, had recently used heroin, and was being followed by the police, refused to stop, and was pursued. He lost control of the car and smashed into a telephone pole. He then opened the car door, heard someone say "stop" or "freeze" and started to run away. A Medford police officer fired a single gunshot, which struck the plaintiff in his lower back. The officer had shot at least one other civilian in the past, also allegedly in the line of duty.
  
  A witness observed the incident and intended to support the police officer's story; however, her version of events instead supported our client's in several respects. The witness never saw the plaintiff touch or threaten any police officer after he got out of the car. Even from a distance, she could see that the plaintiff was dazed, had no weapon and was running away from the shooter at the time of the firing. The officer claimed he drew his weapon appropriately, but he could not recall actually firing it. He suggested that the gun may have discharged by accident. Denner Pellegrino Attorneys Jeffrey Denner and Robert Sinsheimer produced testimony that the trigger-pull required eight to nine pounds of pressure. The bullet had shattered our client's kidney and severed his aorta. During his stay in the medical system he was able to overcome his drug habit.

Result: A settlement of $475,000.00 with a substantial reduction of the medical lien.

Criminal Defense

Negotiated Disposition in Largest Private Embezzlement Case in Massachusetts History

• A former office manager for a Massachusetts construction firm reached out for legal counsel after having already admitted to the police that she had embezzled almost $7 million from her employer. The confession to theft and embezzlement was made during a video-taped deposition in a civil law suit filed by her employer. She then received written notice of her status as the target of a federal criminal investigation. Her maximum prison exposure was at least thirty years and, under federal sentencing guidelines, she faced a likely prison sentence of at least almost seven years.

  Denner Pellegrino, LLP partner and former prosecutor, Brad Bailey immediately contacted the United States Attorney's Office and began the process to negotiate a possible disposition. The parties first agreed to proceed via information instead of indictment. They next structured a plea agreement that limited the defendant's maximum prison exposure. When they did not agree on an appropriate sentence, Denner Pellegrino attorneys Bailey and Gary Pelletier retained the services of an expert forensic psychiatrist in an effort to convince the US District Judge presiding not to impose or exceed the maximum allowable guidelines sentence. The US prosecutor requested 57 months in federal prison.

Result: The US District Court imposed a sentence of 48 months in prison and agreed to place the defendant in a 500 hour substance abuse program at the request of her lawyers. Upon successful completion of the 500 hours substance abuse program, the office manager could be eligible for parole in 36 months or less. To date, the case remains the largest private embezzlement case in Massachusetts history.

Intoxication and Consent in Rape Cases

• Appellate court case where client was a Harvard University Graduate Dental Student accused of two counts of rape. He was convicted at his second trial while represented by other counsel. A number of issues were raised on appeal; the central issue related to intoxication and consent. The Commonwealth argued that the complainant was intoxicated and thus unable to consent. On appeal, Attorney Brad Bailey argued that the trial court's instructions on the issue of intoxication and consent were inadequate and erroneous as a matter of law and pointed out that trial counsel had repeatedly requested that the judge give an instruction on level of intoxication when considering whether or not an intoxicated person is capable of consenting. Instead, the judge gave a confusing instruction lumping together intoxication with sleep, stupefaction, insensibility, and unconsciousness. Attorney Bailey argued that placing intoxication in the same context as states of insensibility had the potential to confusing the jury into believing that intoxicated persons cannot consent. The defendant was prejudiced because trial counsel relied upon a clearly signaled instruction that the trial court never gave and, as a result, conceded the central issue-intoxication-in his closing argument. The case is significant because it once and for all clarifies the issue of intoxication and consent in rape cases and suggests that the trial court is required to instruct juries in cases where the defense of consent is raised that if they find that the complaining witness was intoxicated, they must also decide whether the complaining witness' level of intoxication was such that she was wholly insensible and/or incapable of consenting.

Result: Appeals Court reversed the conviction.

Sleepwalker Defense used Successfully

• It had been 156 years since a sleepwalking (somnambulism) defense had been used successfully in Massachusetts until Attorney Raipher Pellegrino got an acquittal for his client. His client was charged with 18 counts ranging from breaking and entering to assault with intent to rape. Attorney Pellegrino argued at trial that his client was sleepwalking on the night in question and therefore lacked the necessary criminal intent to be found guilty. In doing so, Attorney Pellegrino was recognized by Massachusetts Lawyers Weekly for his innovative, successful use of the sleepwalking defense. Attorney Pellegrino was successful in showing the jury that his client had a history of sleepwalking, as did other members of his family.

Result: Not guilty of all charges.

Client acquitted on Federal charges of money laundering scheme

• A federal jury in Miami, Florida found our firm's client not guilty on a money laundering scheme charge. The defense team contended that the client was a victim of a sting by a federal task force and that he had no intention of breaking the law. He was accused of attempting to sell a $700,000 Ferrari to an undercover agent in an alleged money-laundering scheme. The prosecution wanted our client to plea bargain to a lesser offense and testify against others, but our client would not plead to something he did not do. Instead Attorney Pellegrino tried the case asserting a defense that his client had been entrapped by the Government Agents. The federal prosecutor in this case was the person who successfully prosecuted Manuel Noriega, Panama's former military leader.

Result: Acquittal.

Client Found Not Guilty of Vehicular Manslaughter

• Attorney Raipher Pellegrino defended a father of twelve children who had been accused of vehicular manslaughter. He was driving his truck over a very dark country road and his truck hit a young man resulting in his death. The news media carried the story for an extended period and our client was portrayed in the most negative terms. Shortly before trial, Mr. Pellegrino, in reviewing his files, determined to follow some investigative avenues that the prosecution normally would have pursued. The results of his investigation gave information to the jury that, under cross-examination of a witness, resulted in a finding of new evidence not uncovered by the police.

Result: After a nearly two week trial, our client was found not guilty of vehicular manslaughter.

Dismissal of Charges

• Edmund Burke was accused of the murder of an elderly woman, Irene Kennedy. Read the story here.

Result: Using DNA evidence, defense attorney Jeffrey Denner obtained a release on bail for the suspect, and later a dismissal of charges.

Career police officer charged with receiving payoffs found not guilty

• A well-respected, 17-year veteran police officer for a large city, family man, and father of two children, saw his career and life disintegrate when he was accused of providing information about criminal investigations to a local crime boss and receiving payoffs. He was subsequently indicted for allegedly lying about it to a Federal Grand Jury and for obstructing justice. The police officer was immediately suspended without pay from the police force.
  
  The police officer insisted he was innocent. But he also realized, practically, that if even an honest, law-abiding person such as himself could be accused, that other, perhaps stronger, unseen forces were possibly at play and he could also actually be found guilty. He looked around for the firm he believed best able to mount a forceful defense and hired the top gun attorneys at Denner Pellegrino, who immediately came out blazing when they accused the United States of outrageous governmental conduct in connection with how the indictments were obtained. The case was eventually tried in front of a federal jury. During the trial, Denner ● Pellegrino attorneys Brad Bailey and Jeffrey Denner effectively argued that the government's evidence was unreliable and non-trustworthy since it was based solely on the testimony of two cooperating witnesses, including the alleged crime boss, who were the beneficiaries of substantial sentence reductions in exchange for their "bought" testimony. The attorneys argued that the governmental witnesses were the real perjurers in the case, and suggested that the government's case was full of reasonable doubts.

Result: The police officer was found "Not Guilty" on all counts and was immediately reinstated into his job with the police force. Denner ● Pellegrino attorneys are now in the process of pushing for the innocent police officer to receive all back pay he lost during the two years he was suspended from his job.

1) Result in headlines: The Fall River Herald News -

A) "Accused Police Officer Not Guilty"

B) "Accused Police Officer Acquitted"

2) Quote of Police Officer after receiving "Not Guilty" verdict:

• "The Chief said he had something for me.....my badge."

• "Justice was absolutely done in this case, and Attorney Brad Bailey and myself can't be more pleased."

4) The prosecuting attorney "congratulated the defense for doing a 'thorough job.' FRiver, Herald News, May 10, 2006

Police officer arrested by FBI for protecting criminals, retains Denner Pellegrino attorneys Jeffrey Denner, Brad Bailey and Laura Malouf:

• On July 20, 2006, a police officer, along with two of his colleagues, was arrested in Miami by under-cover FBI agents who had been following one of the three for 2 ½ years. According to the government, the trio expected to receive payments from the undercover agents for allegedly protecting a shipment of drugs to Boston The officer was charged with conspiracy to possess with intent to distribute 100 kilograms of cocaine. He was ordered jailed without bail. In September he was indicted on one count of conspiring to possess with intent to distribute more than 5 kilograms of cocaine and more than 1 kilogram of heroin, along with a count of attempting to aid and abet the possession of cocaine with intent to distribute.
  
  The government moved for detention, asking the Court to continue holding him without bail. The officer, facing a sentence of up to life in prison if convicted, hired the DennerPellegrino firm. Over the Government's strenuous objections, Denner Pellegrino attorneys Brad Bailey and Jeffrey Denner convinced a Federal Magistrate Judge that there were, indeed, conditions or a combination of conditions sufficient to assure the safety of the community and his return to Court if the officer was released. The government, however, would not give in and immediately appealed the officer's release to a United States District Court Judge. Again, the issue of bail was hotly contested and, after further hearings, Denner Pellegrino attorneys convinced the Judge to release the officer to home confinement, pending trial.

Result: In September 2006, the police officer was released from prison, albeit with strict conditions.

Senior Applications Analyst employed by global biotechnology corporation arrested on alleged terrorism

• Denner Pellegrino Attorney Vikas Dhar defended a Senior Applications Analyst employed by a global biotechnology corporation on state criminal charges stemming from a workplace incident involving alleged threats of terrorism against co-workers and management. Although Vikas negotiated with the District Attorney to obtain a dismissal, given the state of national security and the high profile nature of the case, the District Attorney would not relent and the case was tried.

Result: Acquittal of our client

Suffolk Superior Court homicide trial

• Denner Pellegrino Attorney Vikas Dhar served on a defense team as local counsel in a Suffolk Superior Court homicide trial. The client was charged with first degree murder, involving a 2003 shooting incident outside a local establishment. After a one month trial, which included a week-long jury deliberation, our defense team was able to create doubt by arguing the veracity of witness testimony and mistaken identity of the shooter.

Result: A hung jury

Four State Felony Counts, Involving Four Separate Alleged Victims

• Denner Pellegrino Attorney Vikas Dhar participated in a defense team that represented an individual charged with four state felony counts, involving four separate alleged victims. By convincing the court that there existed no common scheme or pattern of criminal conduct, our attorneys won a Motion in Limine for Severance, thereby resulting in four separate trial dates.

Result: Acquittal on the first two trials; and the Commonwealth, not wanting to proceed further, subsequently dismissed the remaining two counts against our client.

Family Law

Interstate Removal Case - Mom wants to leave Massachusetts with child for whom she has joint legal custody

• This client was the mother of a young child for whom she had joint legal custody with her ex-husband. She wanted to remarry and relocate to the Midwest, but her ex-husband objected and the matter went to court. The father had significant visitation with the child. Both the mother and father of the child had family in Massachusetts. The child was close to both sets of grandparents and extended family. There were no allegations of unfitness by either parent. Attorney Hope C. Button had to prove that there would be "real advantage" to the child leaving the Commonwealth.

Result: After a 2-day trial in Probate and Family Court, the mother prevailed and was allowed to relocate with her child.

Charter Schools

Raipher D. Pellegrino has been involved in new charter schools in Louisiana, Ohio, Arizona, New York, North Carolina, Pennsylvania and Massachusetts, new legislation in Louisiana, and has developed a national practice dealing with all aspects of charter schools. We have developed management contracts between charter schools and educational management organizations, corporate organization for both for-profit and not-for-profit educational management organizations and charter schools. We have also served as counsel for charter schools and educational management organizations, developed and implemented processes for site establishment and development and building and redevelopment for school building projects. Attorney Pellegrino represented an educational management operator in a contract dispute with a charter school board and prevailed in receipt of profits owed. Attorney Pellegrino has shown particular skill in the financial mentoring and support of charter school projects and has developed over $30 million in traditional lending for charter schools and many more dollars in non-traditional financing.

For a consultation with Denner ● Pellegrino, LLP call toll free 1-866-348-0900 or 1-866-348-0900 or contact us online.

Calls are answered 24 hours a day, 7 days per week.

Our attorneys are available to respond to emergencies and staff can accommodate clients speaking Spanish, Portuguese, Hindi, Russian, and some Southeast Asian languages.

With offices in Boston and Springfield, Massachusetts, New York City, and Providence, Rhode Island, Denner ● Pellegrino, LLP provides legal services to personal injury victims throughout the Northeast Corridor, across the nation, and internationally.