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Civil Litigation

Civil Litigation and Complex Motions Practice

Our lawyers have extensive experience tackling the hardest legal questions in the most complex civil cases. Our lawyers have researched, briefed, and successfully argued the critical, high-stakes motions that decide a civil case. We trained under respected judges as law clerks in both state and federal courts across the country, including the Massachusetts Supreme Judicial Court and Appeals Court, the federal District Court for the District of Massachusetts, and the Second and Third Circuit Courts of Appeals. Because we are successful trial lawyers, we are uniquely positioned to assist trial teams in identifying potential appellate issues at the early stages of litigation and to ensure that they protect the record for appeal. And because we are effective appellate practitioners, we can tackle technical, unsettled legal issues in any area of the law. Our legal team is ready to take each civil case from filing through trial, and on to appeals if necessary.

We have substantial experience handling a diverse range of civil cases. In addition to employment matters, representative matters include the following.

  • We have brought constitutional challenges to government policies and agency regulatory action. For example, we represented an individual in a First Amendment lawsuit against a Massachusetts town. In another matter, we filed a petition for review of agency regulatory action on behalf of an airline passenger with a metal hip, arguing in the First Circuit that a TSA policy requiring passengers with metal implants to undergo invasive pat-downs of their entire bodies, alleging that the policy was a violation of passengers’ rights under the Fourth Amendment to the U.S. Constitution, which guarantees individuals freedom from unreasonable searches, and rights under the Rehabilitation Act, which prohibits federal programs from discriminating against people with disabilities.
  • We have also brought constitutional claims under the state Civil Rights Act, which permits individuals and organizations to bring such claims against public and private actors who interfere with rights under certain circumstances. We represent female student groups who are challenging a university policy that burdens their rights to freedom of association and to be free of gender discrimination.
  • We have represented both plaintiffs and defendants in matters under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), litigating highly complex and technical legal issues. For instance, we mounted a vigorous defense to a lawsuit against a marijuana dispensary that raised novel legal claims and sought more than $80 million in damages under federal law.
  • We have litigated complex tort cases, including winning a wrongful death lawsuit on behalf of the plaintiff after trial and successfully settling a multi-defendant products liability case. We have also successfully defended against such litigation, for example, persuading a jury that our client did not cause a plaintiff’s injury.
  • We have also represented individuals and companies in complex contract disputes.
  • We have tackled numerous technical legal issues that make all the difference in our clients’ cases. For example, we have convinced an appeals court to permit our client’s claim to proceed even after a trial court has determined that it was barred by the statute of limitations.

In short, there is no issue too thorny or too unsettled for our team to master.

We are available to consult on litigation strategy, to prepare and argue difficult motions, or to handle a challenging case from the time of filing through to verdict, and through the appeals process if necessary.

If you want to speak to a civil litigation attorney, please contact us at (617) 742-6020.

Client Reviews
I hired Mr. Duncan to deal with a very sensitive issue that my daughter had. Since the first contact, I had a very good impression of him. He transmitted confidence and appeared to know exactly what to do. I called and emailed him many times, he was polite and comprehensible with the anxiety of a father and appeared to know every step to solve the case. I strongly recommend Mr. Duncan. Flavio Lajoia
If you are reading this review, it means either you or a family member is in trouble and needs immediate legal counsel. Please know your search can end right now because Zalkind, Duncan & Bernstein is the law firm to hire. They are honest, responsive, compassionate and have the experience and expertise to bring... Client
I contacted Zalkind Duncan & Bernstein to assist with a Title IX case. From our initial conversation, Naomi Shatz had a strong understanding of Title IX policies and conducted each step of the process with professionalism, honesty and a responsiveness that did not disappoint. Ms. Shatz displayed confidence and just as important, compassion when needed. Client
I worked with Emma Quinn-Judge and Monica Shah. And from my first contact on the phone, on to my first meeting in their office and during the trial, I found them and the firm's entire team to be a group of consummate legal professionals who are very knowledgeable, patient, dedicated, fair, honest and caring... Chantal C.
I am forever grateful to all the staff at this firm, but in particular, Ms. Shah, Mr. Zalkind and Mr. Silverglate. They represented my son who was being sought for extradition to Scotland. The case took years to fight, covering new legal ground, setting precedence. But each one of these legal eagles went above and beyond the duty of office... Suzanne D.