Litigation
Experienced and Respected Litigation Counsel
Litigation

Rath, Young and Pignatelli’s trial attorneys have brought thousands of disputes to successful conclusions.  We have wide experience in evaluating, negotiating and trying cases in state and Federal courts in New Hampshire, Massachusetts, Vermont and Maine.  We represent businesses, individuals, non-profits and municipalities in a diverse range of matters, including professional liability, medical malpractice, business, insurance, environmental, employment, probate, family, personal injury and tax matters.

 

Our attorneys thoroughly investigate cases and handle all strategy decisions from pre-suit demands, through the pleading, discovery and pre-trial stages, and through trial and appeal.  We have an excellent record before New Hampshire juries and the New Hampshire Supreme Court, and have represented clients throughout the country at all levels of trial and appellate practice.

 

Well-known and respected by judges and opposing counsel, our attorneys have been recognized by the prestigious American College of Trial Lawyers, and by peer ranking organizations such as Martindale Hubbell, Best Lawyers and Super Lawyers.  Many of our attorneys have worked for the New Hampshire Attorney General’s Office, United States Attorney’s Office or as law clerks to Federal or state court judges.

 

Recognizing that litigation can be an expensive process and takes its toll on clients, we are always seeking to resolve disputes in an efficient fashion.  When appropriate, we recommend filing dispositive motions.  At the opportune time and if appropriate, we might recommend mediation and arbitration, or entering into settlement negotiations.  Fees for litigation services can be arranged on hourly or contingent bases, or in more flexible, staged or modified engagements.

 

Our attorneys are assisted by experienced associates and paralegals, including a nurse-paralegal who is a valuable resource on matters involving medical issues.

Representative Matters

The litigation group has represented clients in a diverse range of matters:

  • Defending physicians and other medical professionals, practice groups, hospitals and health care clinics, nursing homes and assisted living facilities against medical negligence lawsuits in state and Federal court.
  • Representing physicians, nurses and other professionals before administrative licensing boards including the Board of Medicine, Board of Dentistry, Board of Nursing and Bureau of Elderly and Adult Services (BEAS).
  • Representing professionals and businesses in commercial, contract, employment, insurance coverage, insurance liquidation and tax disputes.
  • Defending individual and corporate clients in state and Federal tax audits and litigation, including successful defense of New Hampshire business facing $40 million civil fraud claim.
  • Initiating and defending multi-million dollar disputes involving negligent misrepresentation in purchase of company, breach of contract, environmental insurance, minority shareholder rights, fraud and breach of fiduciary duty.
  • Representing high tech companies in employment, tax and patent litigation before state and Federal courts.
  • Representing municipal and industrial clients in environmental matters and Superfund site litigation in state and Federal courts, and before regulatory agencies.
  • Defending product designers and manufacturers in products liability suits, including obtaining summary judgment on behalf of Fortune 500 company on negligent design and manufacturing claims.
  • Representing parties in high stakes probate litigation, including cases involving fraud, abuse, duress and undue influence.
  • Prosecuting and defending employment actions, including high-level executive compensation disputes, non-competition and confidentiality agreements, whistleblower, wrongful termination, wage and hour and employment discrimination matters.
  • Conducting internal company investigations.
  • Representing subjects and witnesses in state and Federal criminal investigations.

 

Medical-Legal Defense Cases

Since 1987, our Law Firm has been a leading and well-respected team of highly skilled lawyers in the litigation of medical malpractice cases in New England and on medical matters before all New Hampshire Courts and State medical boards.  Our record of Trials and settlements has earned us accolades from the medical community.  Among many winning Trial results are:

  • Winning verdict for internist – a patient’s family sued for alleged negligence for failing to prevent man’s death from a heart attack.
  • Winning verdict for family practitioners – a family sued alleging improper use of Coumadin led to a stroke.
  • Winning verdict for infectious disease specialist – a patient sued alleging failure to diagnose meningitis.
  • Winning verdict for psychiatrist – suit for failing to prevent inpatient psychiatric patient from causing self-injury.
  • Winning verdict for surgeon – suit alleging negligent performance of colonoscopy resulting in bowel perforation.
  • Winning verdict for hospital – lawsuit for chronic regional pain syndrome after foot surgery.
  • Winning verdict for psychiatric hospital – family filed suit alleging failure to prevent suicide of psychiatric patient.
  • Winning verdict for neurosurgeon – suit alleging injury to laryngeal nerve during carotid endarterectomy.
  • Winning verdict for gynecologist – suit alleging failure to diagnose post-surgery complications.
  • Winning verdict for neurologist – suit brought by family of patient who had a stroke.
  • Winning verdict for family practitioner – suit brought for injury in physician’s office after a test procedure.
  • Screening Panel victory leads to dismissal of lawsuit – suit brought against general surgeon for injury during laparotomy.

Other victories before Trial include:

  • Won dismissal of New Hampshire Federal Court case involving claims against psychiatrist alleging improper prescriptions of antipsychotic medication to minor.
  • Won dismissal of New Hampshire Federal Court case alleging negligence by New Hampshire Primary event organizer caused injury to protestor.
  • Won summary judgment in products liability lawsuit involving claims of personal injury caused by allegedly faulty elevator door.
  • Successful defenses of multiple practitioners before the Board of Medicine, Board of Psychologists, Board of Dentistry, Board of Nursing, and Board of Chiropractic.

 

 

Assisting Injured Victims

Our attorneys have resolved major personal injury claims for injured victims in accident cases.  A few among many:

  • Settlement for injuries to our client caused by a drunk driver.
  • Trial verdict for client injured by negligent driver.
  • Settlement for child in motor vehicle accident.
  • Settlement for infant’s burn injury.
  • Settlements for injuries caused by highway collisions.
  • Settlements for pedestrians struck by motor vehicles.