Criminal Law Cases

With a background in criminal law and having served as an Assistant District Attorney, Attorney Morte has represented numerous clients who have been charged with criminal offenses.

A small sample of cases handled successfully by Attorney Morte have included:

  • Operating under the influence of drugs or alcohol
  • General motor vehicle offenses including negligence, operating after suspension or other similar charges
  • Gun charges
  • Sexual assault charges
  • Registry of Motor Vehicle issues and including loss of license
  • Texting/Pornography related charges

General Civil Litigation – Sample Cases

Attorney Morte has represented several small and large companies in recovering outstanding amounts owned for goods and services provided.  A sample of the companies that Attorney Morte has represented.

  • A nationally known transportation company
  • A nationally known distribution and warehouse business
  • A Massachusetts Insurance Agency with offices throughout the State
  • Several banks that do business in Massachusetts
  • A well-established local coffee company
  • Several appliance stores located within Massachusetts
  • Several construction and development companies
  • A Packaging Company that does business worldwide.
  • Several carpet and tile companies in either their defense or in the collection of funds owed for goods and services provided.
  • A Real Estate and Development Company related to a mechanics lien
  • Attorney Morte has also defended individuals where there has been inadequate insurance coverage or wherein the insurance company has refused to cover claims whether the be related to homeowners or automobile coverage.

Employment Law Cases

Attorney Morte has successfully handled numerous cases involving discrimination based on pregnancy, sex, age, disability or national origins.

A sampling of these cases that Attorney Morte has resolved or is presently working on one of the following:

  • A case where a woman was terminated working for a national known company, after she became pregnant and complained that she was being placed on a Personal Improvement Plan simply because she was a woman and pregnant.
  • A case where a woman was being sexually harassed by her supervisor who repeatedly asked her for sexual favors.
  • A man who was a whistleblower against a utility company that was falsely reporting statistics to the Commonwealth of Massachusetts.
  • Cases involving the wage and hour laws which allow for a trebling of damages plus Attorney’s fee where the employer fails to pay wages or overtime in accordance with the law.

[Read more…]

Personal Injury Cases

  • Attorney Morte has represented the Estates of a young man who was overprescribed medication and who eventually died from an overdose of the medication. Attorney Morte successfully recovered from both the physician who prescribed the medication, as well as the pharmacy who sold the medication to the young man.
  • Attorney Morte was able to secure the policy limits for a woman who was involved in a single car incident caused by a driver who left the scene of the accident. The accident happened at the intersection of Route 495 and Route 290 in Marlborough, MA.  The client suffered a concussion from the accident and which was ultimately diagnosed as a brain injury resulting in a large settlement.
  • Attorney Morte successfully negotiated a settlement for a mason who was injured at work due to the negligence of the general contractor and his employer. The client suffered a debilitation shoulder injury which prevented him from returning to work.  Fortunately, the settlement allowed the worker a financial settlement that allowed him to comfortably live out his retirement years.
  • Often Attorney Morte has represented clients with pre-existing injuries that were aggravated by another accident. These cases are often denied by insurance companies initially.  Attorney Morte has often been able to prove that the injuries are either new or aggravated be the recent events resulting in favorable settlements.
  • Attorney Morte has represented numerous motorcycle operators or bicyclists who were badly injured in motor vehicle accidents. Often there is a bias against these individuals, but the injuries that they sometimes suffer can be catastrophic.  Attorney Morte has successfully resolved a number of these cases.
  • Attorney Morte has represented a number of individuals when they have been injured while working. These cases are often covered under the worker’s compensation law, but there are occasions where the employer fails to properly provide for insurance coverage the employee as such and a direct claim can be made against the employer.
  • Attorney Morte has successfully pursued numerous third party cases against individuals or entities that caused injuries to client’s while they were working. Attorney Morte has successfully maintained third party cases on behalf of police officers, municipal workers, and many others.
  • Attorney Morte has represented a number of individuals who were badly injured when they fell due to the negligence of their landlord or others. Attorney Morte has been successful  in obtaining substantial recoveries for individuals who have sustained ankle fractures, arm fractures or other significant injuries.

Divorce Matters and Restraining Order Cases

Restraining Orders

Often times a Restraining Order will serve as the first step to a divorce action.

Attorney Morte has successful challenged Restraining Orders that were obtained without advance notice and a hearing.  When the time came for presentation of the full set of facts and there was an opportunity for cross-examination, these Restraining Orders were dropped.

Alimony

Attorney Morte has helped numerous clients obtain Alimony in accordance with the recently enacted Alimony laws in Massachusetts.  The new laws generally allow for a spouse to obtain Alimony that ranges between 30% to 35% of the difference in income where there has been a long-term marriage.  Attorney Morte has been successful in obtaining awards for both men and women. [Read more…]

Jury Verdict in Boston Metrowest Personal Injury Case

A twenty-two year old Marlborough man recently was awarded a verdict of $215,000.00, in addition to receiving another $28,000.00 by way of settlement, after suffering a broken arm in a car accident.

This young man was a passenger in a vehicle, when it was suddenly struck by a U-Haul truck, whose driver tried to make a U-turn on Route 290 in Northborough.

The case had previously gone to mediation where the insurance company’s highest offer was $83,000.00.  The plaintiff will receive interest on the jury award which, combined with the original award, will total $238,000.00.

Massachusetts Business Dispute Case

An Essex Superior Court judge recently awarded a 50% interest in a rug cleaning business to the client, which with interest totaled more than $77,000.00.  The defendant claimed that the plaintiff had voluntarily left the business, which contained little in terms of assets having no real estate or cleaning equipment of its own.  The defendant claimed the business had no value and that the plaintiff had abandoned the business and did not pursue his interest for several years.

After three days of trial, judgment was rendered in favor of Attorney Morte’s client, who is now a resident of Florida.

Woman Who Suffers a Finger Amputation Recovers

A young woman, who was sitting on a restaurant stool at Boston Logan Airport suddenly experienced a sudden amputation of her index finder when the chair that she was sitting on, because of defects in the way it was maintained and assembled, severed the tip of her finger. She was rushed to Mass General Hospital where they attempted to reattach the severed portion of the finger.

After a thorough inspection of the chair and retention of an expert to evaluate the chair, it was determined that the chair was improperly maintained and that the seat pan was improperly installed.

Ultimately, the case was successfully mediated in Boston.

Complaint Seeking Reduction of Child Support Causes an Increase in Support

After an ex-husband inherited several properties, he claimed suddenly that he was unable to work because of a major depressive episode that left him incapable of returning back to his former employment. He filed a complaint seeking to lower his support obligation.

After spending several years in court seeking to reduce the support obligation, he was ordered to pay increased support, plus $10,000.00 in back support. While the litigation was long, the results were excellent.

Deceptive Trade Practices and Breach of Contract

In a classic case putting a small Massachusetts packaging company against Timex Corp., the small guy comes up on top.

The client, a small packaging company located in Worcester county, worked for years designing and developing packaging for Timex watches. After hundreds of prototypes and countless years of work, the company came up with a design that Timex liked. Suddenly, despite promises of future contracts, Timex disappeared.

Sometime later, while visiting Wal-Mart, an executive from the company saw Timex watches displayed and distributed in packaging that they designed, but was now being manufactured in China.

This company sued on the basis of breach of contract, trademarks’ violations and unfair and deceptive trade practices. Not only did the company recover their damages, but they recovered their attorney’s fees as well.

Mailman’s Recovery

A mail courier working for the U.S. Post Office fell and injured his shoulder when delivering mail. The mail carrier fell through a porch that was being reconstructed and left unguarded. Ultimately, the mail carrier had shoulder surgery, which the defendant maintained wasn’t related to the fall.

A recovery was fully made to compensate the client for his lost income and uninsured medical expenses.

Sudden Denial of Mortgage

Despite a commitment from a bank to provide financing for the purchase of a new home, that bank, suddenly and without warning, decided that they would not provide financing. As a result, the client lost all his deposit money and was not able to purchase his home.

This sudden breach of contract was actionable and suit was brought against this bank, which was located in Pennsylvania.

A recovery of all the client’s losses resulted such that the client was made whole.

Alimony Denial

A recent divorced client, who was facing years of potential alimony payments, was relieved and satisfied to obtain a complete waiver of past, present and future alimony.

With recent changes in Massachusetts related to the payment of alimony, many men face the potential of alimony payments that could linger until they retire. With the advent of legislature in 2012 related to the payment of alimony that considers both the duration of the marriage, as well as years spent together prior to the marriage, men especially are concerned about the prospects of paying up to thirty-five percent of the gross income to a former spouse.

Fortunately, an agreement was able to be reached for this gentleman, where he will no longer have to be concerned with any future alimony payment.