Recent trials

Lead counsel:

Starble d/b/a Realvest Homes Ltd., et al. v Westchester Modular Homes, Inc. et al. (Counsel for plaintiff)
Court: East Boston District Court
Judge: Klubock, J.
Nature of Case: Plaintiff, a real estate developer, entered into a contract with defendant, a seller of modular homes, whereby defendant was to provide plaintiff with a complete modular home package for plaintiff to construct and sell.  Upon construction of the first modular home, its foundation had collapsed due, in part, to an incorrect foundation plan furnished by the defendant.  Plaintiff sued on eight counts, including: negligence; breach of contract; breach of warranty; breach of implied warranty of fitness for a particular purpose; breach of covenant of good faith and fair dealing; fraud/deceit; rescission; and violation of Massachusetts Consumer Protection Statute G.L. c. 93A.

Top Catch Seafood Processing, Inc. v  Americold Corporation
(Counsel for plaintiff)
Court: Middlesex Superior Court
Judge: Gants, J.
Nature of Case:  Plaintiff, a seafood processing company, shipped fresh seafood to be blast frozen by the defendant and cold stored at the defendant?s facilities.  Upon retrieval of the seafood from the defendant?s facilities, plaintiff discovered same had spoiled due to improper blast freezing. Plaintiff sued on three counts, including: negligence; breach of contract; and violation of Massachusetts Consumer Protection Statute G.L. c. 93A.

NYNEX Information Resources, Inc. v Copley Dental Associates, Inc.
(Counsel for defendant)
Court: Boston Municipal Court
Judge: Bernstein, J.
Nature of Case:  Plaintiff, a telephone directory publisher, entered into a contract with defendant for advertising services.  Plaintiff failed to adhere to special terms and conditions of the parties? agreement and defendant refused to pay for services never bargained for. Defended against the plaintiff?s breach of contract claim using defense of plaintiff?s own breach of subject agreement.

Cases tried as co-counsel:

Congdon & Coleman Real Estate, Inc. v Wingspread of Palm Beach
(Co-counsel with Jeffrey S. Baker for the plaintiff)
Court: United States District Court, District of Massachusetts
Judge: Wolf, J.
Nature of Case:  Plaintiff, a real estate broker, entered into a contract with defendant whereby a commission would be paid to plaintiff upon procurement of buyers for defendant?s real estate and successful sale of such real estate thereafter.  Defendant failed to pay plaintiff commission. Plaintiff sued on three counts, including: breach of contract, fraud, and violation of Massachusetts Consumer Protection Statute G.L. c. 93A.

California Olive Oil Company v New England Computer Services, et al.
(Co-counsel with Jeffrey S. Baker for the plaintiff)
Court: Essex Superior Court
Judge: Kottmyer, J.
Nature of Case: Plaintiff hired defendant to implement new computer system for plaintiff?s business.  Defendant?s negligence resulted in an interruption of business and loss of profits.

Resnick v Wenk, et al.
(Co-counsel with Jeffrey S. Baker for the plaintiff)
Court: Suffolk Superior Court
Judge: Lauriat, J.
Nature of Case: Plaintiff real estate developer entered into agreement with defendant for the purchase and sale of real estate.  Defendant, subsequently, sold subject real estate to another purchaser.  Plaintiff sued on three counts, including: breach of contract, interference with contractual relations, and fraud.

Travis v Middlesex Hospital, et al.
(Co-counsel for the plaintiff)
Court: Middletown Superior Court (Conn.)
Judge: Gordon, J.
Nature of Case: Medical malpractice

Gilbert v Yordan, et al.,
(Co-counsel for the plaintiff)
Court: Middletown Superior Court (Conn.)
Judge: Gordon, J.
Nature of Case: Medical malpractice                                                                                       

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Copyright © 2002, 2003 C. Scott Schwefel, Attorney at law. All rights reserved.

C. Scott Schwefel, Attorney at law, Boston, Massachusetts. Litigation in the areas of business, mental health, family, and personal injury including automobile collision and slip and fall.

C. Scott Schwefel  Attorney at Law