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Richard M. Zielinski

Representative Matters

Arbitration Trials of Legal Malpractice Claims

Recently prevailed in two separate arbitration trials involving legal malpractice claims against an Am Law 100 law firm client.

Defeated Class Certification in Putative Class Action

Successfully defeated class certification in a putative class action against a Massachusetts-based public company under the Telephone Consumer Protection Act, 47 U.S.C § 227. The trial court ruled that the plaintiff could not maintain a nationwide class action under the TCPA in a Massachusetts state court. The decision was affirmed on appeal.

Products Liability Defense of Major Tobacco Company

Defended a major tobacco company in hundreds of products liability cases including individual and class actions, and the Medicaid reimbursement actions brought by various state attorneys general in the mid-1990s.

Defense of Valve Manufacturer

Defended a Birmingham, Alabama valve manufacturer in a $300M+ case arising out of a catastrophic explosion at a petrochemical processing plant located near Houston, Texas.

Representation of Developers of Large Office Complex

Successfully represented the developers of the largest office complex in Boston in a $300M+ dispute with their lender. The lender sought to avoid its funding commitment due to an economic downturn, claiming the developer had been rendered “insolvent.” A federal court judge disagreed and granted summary judgment from the bench.

Defense of Canada's Largest Wireless Communications Company

Defended Rogers Communications, Canada’s largest wireless communications company, in an action seeking damages and injunctive relief for alleged misappropriation of trade secrets and breach of contract in connection with unsuccessful negotiations to license the plaintiff’s wireless technology. The case was dismissed based on the successful invocation of a contractual forum selection clause.

World Renowned Physician and Scientist Representation

Represented a group of world renowned physicians and scientists in various civil and criminal proceedings relating to the arthritis drug, Vioxx.