Davis Malm & D'Agostine, P.C. - Attorneys at Law

Thomas Frisardi

Shareholder

direct 617.589.3816

fax 617.305.3116

Practice Focus and Experience

Tom Frisardi practices in the Litigation and Trusts and Estates areas. He has tried cases and argued appeals involving contracts, property rights, product liability, personal injury, and civil rights. Tom has extensive experience litigating contested probate matters and matters involving fiduciaries. He was also co-counsel for the plaintiff in the trial of a precedent-setting victory against Lorillard Tobacco Co., one of the largest cigarette manufacturers in the world.

Tom is a native of Dedham, Massachusetts who attended the Roxbury Latin School. Today, Tom lives in Wellesley where he is active in town government. Tom has been selected as a Massachusetts Super Lawyer every year since the award's inception in 2004.

Representative Matters

Trial of a precedent-setting victory against Lorillard Tobacco Co., one of the largest cigarette manufacturers in the world, winning a $152 million verdict for a woman who died after becoming addicted to smoking because the company regularly distributed free cigarettes to her and other schoolchildren in Roxbury, Massachusetts. Read more.
Successfully pursued claims for breach of contract and unfair and deceptive trade practices and obtained substantial settlement against one of the world’s largest private aircraft manufacturers.
Obtained the allowance of a contested will, which was self-written by the testatrix. Also obtained a judgment to include a lottery prize in the estate and successfully invalidated assignment of the lottery prize to a trust.
Family legacy disputes in Superior Court and in Probate and Family Court.
E-commerce disputes in state and federal courts, including rights to domain names, application of the Digital Millennium Copyright Act, and other intellectual property rights.
Representation of insured persons in insurance coverage disputes.
Representation of clients in legal malpractice claims.
Defamation suits, including application of Massachusetts' Anti-SLAPP law, which protects political speech from harassing litigation.

Representative Reported Cases

Evans v. Lorillard, 2004-2840-B (Mass. Super., September 1, 2011) - Obtained judgment on 93A claim pursuant to the Massachusetts Consumer Protection Act in precedent-setting wrongful death case, in which judgment in excess of $200 million (including interest) entered in favor of estate of individual smoker against tobacco company.
Spenlinhauer v. Town of Barnstable , 80 Mass. App. Ct. 134, 951 N.E.2d 967 review denied, 460 Mass. 1115, 957 N.E.2d 241 (2011) – Obtained judgment invalidating a municipal bylaw as exceeding its Home Rule authority.
Meaney v. Dever, 326 F.3d 283 (1st Cir. 2003) - Obtained reversal from Court of Appeals of District Court decision in case defining limits of First Amendment rights for public employees.
Lapidus v. Board of Appeal of Boston, 51 Mass. App. Ct. 723 (2001) - Case established time limit for Boston zoning enforcement in favor of Boston restaurant owner whose use and occupancy permit was challenged by an abutter too late.

Professional

Distinctions: Peer Review AV^® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyers, 2004-2014.
Admitted: Massachusetts; United States District Court for the District of Massachusetts, United States Court of Appeals for the First Circuit.
Fellow: Massachusetts Bar Foundation.
Member: Boston Bar Association.

Community Involvement

Member of the Wellesley Planning Board from 2001-2008 (Chairman from 2007-2008 and from 2003-2005).
Member of Wellesley Town Meeting from 2002-2008, 2012.
Awarded "2008 Outstanding Citizen Planner" by the Massachusetts Chapter of the American Planning Association. Read more.