Laurence M. Johnson, Thomas S. Fitzpatrick, and Neal J. Bingham Obtain $10.375 Million Jury Verdict in Federal Court

October 03, 2008 - Boston, MA
For more information contact: Joanne Thorud
(617) 589-3894; jthorud@davismalm.com

Davis Malm's litigators have obtained a $10.375 million jury verdict (approximately $20 million with pre-judgment interest) in a breach of contract case tried in Federal Court in Boston. Davis Malm's client, Atlantic Packing, Inc., a paper and cardboard processing business in Woburn, prevailed on its claim that one of the largest waste hauling companies in the United States, Allied Waste Industries, Inc., had breached an agreement to take all of its fiber recycling in Greater Boston and the North Shore to Atlantic for a 10-year period. After five years, Atlantic sold its business to Woburn Recycling, a company owned by the Kraft Group.

Major issues at trial were the extent and duration of Allied's breaches (Allied had alleged that they were relatively minimal), the correct method of calculating damages, and the merits of Allied's counterclaim that Atlantic had failed to pay a portion of the charges agreed to for the recyclables.

Davis Malm's trial team was headed by trial lawyers Laurence M. Johnson, Thomas S. Fitzpatrick, and Neal J. Bingham. Federal Magistrate Judge Judith G. Dein presided over the three week trial. On October 3, the jury assessed damages in favor of Atlantic in the amount of $10,375,247, which represents $9,300,577 in lost profits and $1,074,670 in diminution of Atlantic's value. Prejudgment interest will bring the verdict to over $20 million. The jury also found for Atlantic on Allied's counterclaim. Several related claims severed from the jury trial were retained by Judge Dein and United States District Court Judge Mark Wolf and remain to be resolved. The case was recently featured in Lawyers Weekly.

About Davis, Malm & D'Agostine, P.C.
Founded in 1979, Davis Malm is a premier mid-sized, full-service New England firm. The firm provides sophisticated, cost-effective legal representation to local, national, and international public and private businesses, institutions, and individuals in a wide spectrum of industries. The attorneys at the firm practice at the top level of the profession and deliver successful results to clients through direct partner involvement, responsive client service, and practical and creative problem solving.