David H. Rich concentrates his varied civil litigation practice on complex business and commercial litigation, First Amendment law, and employment law. He guides clients on the best approach to their litigation challenges – from trying cases to attempting reasonable compromises out of court. Bottom line: Mr. Rich is always prepared to win at trial, which often leads to favorable pre-trial resolutions.
Together with Megan C. Deluhery, Mr. Rich is Co-Managing Partner of the firm.
Mr. Rich has obtained several jury verdicts, including a $3.5 million defamation award from a federal jury on behalf of a Saudi Arabian scientist, as well as favorable bench trial decisions, including a $6 million judgment for a prominent neurosurgeon involved in contract dispute with a major regional hospital over the failed development of a brain and spine institute.
Other diverse matters Mr. Rich has successfully tried in the state and federal include:
a state Superior Court judge suing a media entity for defamation
a harness horse racing facility suing a contractor for fraud
a local investment banker suing for an investment banking fee
a former chair of a board of selectmen suing for defamation
Mr. Rich has provided defense counsel in a lender liability lawsuit, in a suit on a promissory note and guarantee, and in a class action against a regional automobile dealership alleging RICO violations. He has represented an insurance brokerage firm on a wide variety of employment-related matters.
Mr. Rich is quoted frequently in the media and regularly lectures on matters relating to defamation law, employment matters and trial practice.
Secured a $6.05 million judgment for a prominent neurosurgeon involved in contract dispute with a major regional hospital over the failed development of a Brain & Spine Institute. The matter was tried over three weeks in the Massachusetts Superior Court's Business Litigation Session. In a 78-page decision, the Court ruled in favor of Mr. Rich's client and awarded $3.6 million in compensatory damages, in addition to attorneys' fees, costs and prejudgment interest.
Following a bench trial conducted on Zoom, obtained a defense verdict denying liability under Massachusetts Chapter 93A in a dispute concerning an option to purchase commercial real estate.
Following a bench trial in the U.S. District Court for Massachusetts, secured a $2.53 million ruling, plus $700,000 in prejudgment interest, for an investment banking firm that had assisted in the sale of Planet Fitness to a private equity firm for $525 million.
Obtained a $20-million bench trial verdict on behalf of a private equity firm in the Massachusetts Business Litigation Session involving the failure of a commercial property developer to repay loans.
Employment Litigation
Persuaded a Massachusetts Superior Court judge to grant summary judgment to his day spa client, defeating a putative class action seeking Sunday premium pay under the Massachusetts Wage Act.
Obtained a Massachusetts Superior Court jury verdict rejecting the associational handicap discrimination claim of a sales employee previously employed by the firm's client.
Defamation
Obtained a $3.5 million defamation award from a federal jury on behalf of Saudi Arabian scientist Hayat Sindi, who sued Samia El-Mouslimany and her mother arising from numerous publications accusing Dr. Sindi of fabricating and exaggerating her academic credentials. He also persuaded the judge presiding over the trial to issue an injunction permanently barring the defendants from repeating defamatory statements about his client in the future.
Obtained a $2.9 million verdict for a former chairman of the Chelmsford Board of Selectmen in a defamation action tried to a jury in the Lowell Division of Middlesex Superior Court. The jury's verdict following the three-week trial included a finding that Mr. Rich's client had succeeded in proving, by clear and convincing evidence, that the defamatory statements that were the subject matter of the suit had been published with actual malice.
Successfully represented the director of a non-profit youth organization in a defamation action against the Boston Herald and its reporter. Following a multi-week trial, a Massachusetts Superior Court jury returned a verdict in favor of Mr. Rich's client and awarded substantial monetary damages, including $550,000 in emotional distress damages. The jury found that Mr. Rich's client had succeeded in demonstrating, through clear and convincing evidence, that the Boston Herald's reporting had been published with actual malice.
Persuaded a Massachusetts Superior Court judge to dismiss a defamation case under the Massachusetts statute prohibiting lawsuits filed in response to the exercise of constitutional free speech and petitioning right.
Trademark Litigation
Attained a preliminary injunction on behalf of Commerce Bank prohibiting TD Banknorth from using the name "TD Commerce Bank" in the Boston and Worcester metropolitan areas.
