Patricia B. Gary
Associate
617-406-4563 Direct Telephone
617-406-4501 Facsimile
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Experience
Patricia B. Gary is a litigation associate in Donovan Hatem's Professional Practices Group and Business Litigation Group. Patricia is a trial and appellate lawyer with over fifteen years experience in representing individuals, insurers and corporations. She concentrates her practice in the defense of business professionals such as architects and engineers. In addition, Patricia handles a wide variety of commercial litigation matters in State and Federal courts, in Massachusetts, Connecticut, New York and New Hampshire.
Patricia is recognized for her expertise in the area of insurance coverage, and represents insureds in employment and general liability matters and insurers in coverage disputes. She has obtained significant insurance coverage decisions in State and Federal Courts.
An experienced appellate attorney, she has obtained significant appellate decisions in the areas of anti-trust, lender liability, bankruptcy, trade secrets, products liability, premises liability, land use and insurance coverage.
Admitted to Practice
- Massachusetts
- New Hampshire
- United States Court of Appeals, First Circuit
- United States Court of Appeals, Second Circuit
- United States District Court for the District of Massachusetts
- United States District Court for the District of New Hampshire
Business and Professional Associations
- New Hampshire Bar Association
Education
- Suffolk University Law School (J.D., cum laude, 1989)
- Middlebury College (B.A., English/Fine Art, 1981)
Representative Cases/Matters
- Obtained summary judgment for architect and dismissal of a $25 million lawsuit brought by the State of Connecticut against an architect and other design professionals and contractors who designed and built the University of Connecticut Law Library.
- Obtained summary judgment for a Massachusetts real estate agent and dismissal of a lawsuit arising out of a real estate transaction, where the Buyer alleged that the listing real estate broker misrepresented the condition of the Seller's home.
- Obtained dismissal of a qui tam lawsuit brought under the False Claims Act (FCA) against a consulting building and construction engineer and its consultant, as well as twenty-seven other defendants, arising out of the World Trade Center (WTC) collapse on 9/11, where the plaintiff challenged the investigative findings of the National Institute of Standards and Technology (NIST).
- Successfully moved to dismiss a lawsuit brought against a consulting building and construction engineer and its consultant, arising out of the World Trade Center (WTC) collapse on 9/11, where the qui tam plaintiff challenged the investigative findings of the National Institute of Standards and Technology (NIST) and alleged violations of the False Claims Act (FCA).
- Obtained summary judgment for an architect and construction manager (CM) and dismissal of a multi-million dollar antitrust lawsuit brought by the developer of commercial waterfront property in Bridgeport, Connecticut, alleging violations of the Connecticut Antitrust Act and analogous provisions of the Sherman Act, and asserting that alleged conspiracy and corrupt practices had an adverse effect on competition in restraint of trade.
- Obtained summary judgment for a general contractor and a declaratory judgment in an insurance coverage dispute relating to property damage and the performance of construction work, where the Court held that the general contractor was also entitled to recover its attorney's fees because it prevailed in the declaratory judgment action.
- Obtained summary judgment for a general contractor and a declaratory judgment that an insurance company was obligated to defend and indemnify the general contractor against claims of property damage alleged in an underlying lawsuit, and that the general contractor was also entitled to recover its attorney's fees because it prevailed in the declaratory judgment action.
Articles and Publications
Contributing Author, Chapter 4: Architect-Engineer Contracting, Federal Government Construction Contracting, Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association, 2010.
"The Future of Megaprojects," chapter co-authored with Stephen Butler of Parsons Brinckerhoff, for inclusion in Megaprojects: Challenges and Recommended Practices, scheduled for publication by American Council of Engineering Companies in Fall 2009.
"Electronic Discovery: Following the Paperless Trail," co-authored with Donovan Hatem LLP partner Ken Walton, Spring 2009.
"Use of Rental Income in a Chapter 11 Case," co-authored, Boston Bar Journal, Vol. 25, No. 4 (1991).
Additional Information
- Editor of the Suffolk University Law Review
- Recipient of Best Brief Award (Suffolk University Law School)
- Law Clerk to Chief Justice David A. Brock, New Hampshire Supreme Court, 1989-1990
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