WE HAVE SIGNIFICANT EXPERIENCE REPRESENTING CLIENTS IN SERIOUS AND COMPLEX MATTERS

 

Our firm’s reputation has been built on the achievement of consistently favorable results for our clients. Our lawyers have been counsel in several cases reported in legal publications as being among the most noteworthy results achieved in recent years. For instance, Mr. Flynn was Consolidated Rail Corporation’s trial counsel in the cases of Nicholopolous v. Conrail and Whitehouse v. Conrail, both of which were included in Massachusetts Lawyers’ Weekly’s annual report of the largest defense verdicts in 1995 and 1996, respectively, and in the case of Santos v. Conrail, which was tried to a defense verdict in May 2000 after the plaintiff demanded more than $5 million. Mr. Flynn was also lead trial counsel for CSX Transportation, Inc., in the case of Wright v. CSX, reported by Massachusetts Lawyers’ Weekly in June 2004 as one of The "Biggest" Defense Wins of the Year. Mr. Flynn has also been the focus of feature articles in both the Lawyers’ Weekly as well as the MBA Journal, and The FELA Reporter (Vol. 22, No. 7, July 2009) also recently published an article regarding another defense verdict our firm achieved in the case of James B. Smith, Jr. v. CSX.

 

Flynn & Wirkus has also developed a successful practice pursuing and securing the contractual indemnity rights of our clients. We have consistently procured reimbursement of monies our clients expended on settlements and defense costs, including an industrial accident indemnification settlement in excess of $5 million. Examples of some other recently achieved indemnity results: 

  • Recovery of more than $900,000.00 in direct damages and litigation costs in a contractual indemnity suit involving a train derailment.
  • Mediated agreement in which a third-party defendant paid the full $200,000.00 settlement to a plaintiff in an FELA case, based on the enforcement of a contractual indemnity clause in favor of our client.
  • Court-ordered reimbursement of more than $100,000.00 in legal costs on a contractual indemnity claim involving a grade crossing accident.
  • Judgment in an indemnity case arising from an FELA claim which resulted in our client paying nothing to the injured plaintiff, while also receiving reimbursement of nearly $50,000.00 in defense costs.

Details of other case results may be furnished upon request.

Some examples of reported decisions in which our attorneys or firm have been involved: 

  • Burress v. Union Pacific Railroad, 2009 U.S. Dist. LEXIS 13700 (D. Ark. 2009)
  • Rovetto v. CSX Transportation, Inc., 193 N.J. 586, 940 A.2d 1219 (N.J. Ct. App. 2008)
  • Lindberg v. NE Central RR, 518 F.Supp.2d 304 (D.Mass. 2007)
  • Crowther v. Conrail, 488 F. Supp. 2d 10 (D. Mass. 2007)
  • NE Central Railroad v. Springfield Terminal Railway, 415 F. Supp. 2d 20 (D. Mass. 2006)
  • Berg v. Providence & Worcester Railroad, __ Mass. App. Ct. __ (2006)
  • Union Pacific v. ConAgra, 189 Fed. Appx. 576 (8th Cir. 2006)
  • Emerson v. CSX, et al., _ F. Supp. _ (D. Mass. 2003)
  • Wright v. Conway, 2003 U.S. Dist. LEXIS 18658 (D. Mass.)
  • Tolentino v. Conrail, 2001 U.S. Dist. LEXIS 1395 (D. Mass.)
  • Mack v. Conrail, 24 F. Supp. 2d. 126 (D. Mass. 1998)
  • McGrath v. Conrail, 136 F.3d 838 (1st Cir. 1998)
  • Thomas v. Conrail, 971 F. Supp. 620 (D. Mass. 1997)