Profile
Jay Farraher is steadfast advocate, dedicated service provider, and founding member of the firm's Boston office. With nearly thirty years of experience in state and federal courts throughout the country, his practice focuses on complex commercial litigation including contract and business disputes. Jay also has a wide-range of experience representing developers, owners, landlords and retail tenants in real estate disputes involving purchase and sales agreements, commercial leases, land rights, zoning and property valuation.
In addition to his litigation background, Jay has broad appellate experience. In 2010, he briefed and argued a case before the Supreme Court of the United States. He has represented clients in appellate matters before the U.S. Court of Appeals for the First Circuit, the Massachusetts Supreme Judicial Court, as well as the Massachusetts, California, and Connecticut appeals courts.
Concentrations
- Prosecution and defense of commercial contract disputes
- General business and employment matters
- Real estate and land use litigation
- Federal Supreme Court and appellate litigation
- Trade secret litigation
- Wage and hour disputes/ class action defense
- Non-compete and non-solicitation
Capabilities
Experience
- Affirmed summary judgment holding former shareholder did not have standing to pursue bad faith claims against commercial lender, A-List, Inc., et al. v. Salus Capital Partners, LLC, et al.; Court of Appeal of the State of California, B306617 (Aug. 2022)
- Massachusetts Supreme Judicial Court—affirmed Land Court’s summary judgment ruling in favor of solar developer interpreting issue of first impression under the Massachusetts Zoning Act (M.G.L. c. 40A, §3, 9th par). Tracer Lane II Realty, LLC v. City of Waltham, 489 Mass. 775 (June 2022)
- Obtained favorable ruling on issue of first impression clarifying the removal time periods and mechanisms under the Class Action Fairness Act of 2005. Romulus v. CVS Pharmacy, Inc., 770 F.3d 67 (1st 2014)
- Affirmed judgment of dismissal in favor of company providing inmate calling services for lack of personal jurisdiction. Paul McMann v. Global Tel*Link (1st Cir. 2014).
- Affirmed judgment of dismissal in favor of wireless communication tower company for lack of personal jurisdiction. Matthews v. SBA, Inc., et al. (Conn. App. Ct. (2014)).
- Affirmed summary judgment and denial of request for a relief from judgment on breach of contract claim. The Capability Group, Inc. v. American Express Travel Related Services Company, Inc., 658 F.3d 75 (1st Cir. 2011).
- Argued before the Supreme Court of the United States addressing whether the Petroleum Marketing Practices Act recognizes claims for "constructive" termination and nonrenewal. Mac’s Shell Services. Inc., v. Shell Oil Products Company, 559 U.S. 175 (2010).
- Affirmed judgment in favor of claimants alleging violations of "open price" contract under Section 2-305 of Massachusetts Uniform Commercial Code. Marcoux v. Shell Oil Products Co., LLC, 524 F.3d 33 (1st Cir. 2008).
- Affirmed summary judgment in favor of commercial landlord on the basis that tenant did not timely exercise option to renew lease. Davis Investment Corp. v. Thayer Associates, 1999 WL 788440 (Mass. App. Div., Aug. 19, 1999).
- Affirmed judgment in favor of ERISA governed health plan against major trucking company asserting "alter ego" theory of liability. Langone v. William Walsh, Inc., 101 F.3d 106 (1st Cir. 1996).
- Obtained judgment on the pleading addressing issue of first impression under New Jersey Prevailing Wage Act. Cosgrove v. Veolia ES Industrial Services, et al. (USDC NJ Nov. 2020)
- Obtained order enforcing arbitration provision of services agreement resulting in dismissal of putative class action. Eubanks v. GasBuddy, LLC., (USDC MA. 2022)
- Obtained order denying request for injunction requiring defendants to allow plaintiff to perform at Grammy Awards. Kramer v. Vindaloo Music, Inc., et al. (Plymouth Superior Court, Jan. 2020).
- After a three-day hearing, obtained an award enjoining former executives from working for a "competitor" in violation of non-compete agreement.
- Obtained settlement in breach of supply agreement arbitration where claimant sought $60 million in damages.
- Obtained judgment for possession and unpaid rent on behalf of owner of commercial warehouse against national office supply chain store.
- Obtained judgment of dismissal on behalf of public company for lack of jurisdiction. Matthews v. SBA, Inc., et al., Connecticut Superior Court (2013).
- Represented financial services company in response to claim of breach of contract seeking damages in excess of $3 million. Obtained summary judgment on client’s behalf on all counts. The Capability Group, Inc., v. American Express Travel Related Services Co., Inc., 706 F. Supp. 2d 146 (D. Mass., Feb. 12, 2010).
- Obtained a multimillion-dollar jury verdict in the U.S. District Court for the District of Massachusetts in favor of franchisees who brought suit against multinational oil conglomerate under the Petroleum Marketing Practice Act and the Massachusetts Uniform Commercial Code. In Re. Shell Oil Products Company Dealer Franchise Litigation, MDL No. 1461 (2004).
- Represented financial services company in lease arbitration matter to determine fair market rent. Obtained unanimous award in client’s favor.
- Obtained settlement in tax appeal brought on behalf of Massachusetts manufacturer involving more than 20 properties.
- Obtained summary judgment in favor of manufacturer of component parts utilized in connection with strategic weapons system in U.S. District Court for the District of Tennessee.
Recognition & Leadership
- Listed, The Best Lawyers in America, Commercial Litigation, 2018-2024
- Listed, Boston Magazine, "Top Lawyers"
- Commerial Litigation, 2023
- Civil Law Litigation, 2022
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
- Team Member, a Law360 "Appellate Practice Group of the Year," 2010
Credentials
Education
-
J.D., Loyola University New Orleans School of Law, 1994
- Member, Loyola Law Review
- Recipient, "Best Case Note," Loyola Law Review
- B.A., Government and Philosophy, University of Notre Dame, 1990
Admissions
- Massachusetts
- Supreme Court of the United States
- U.S. Court of Appeals for the First Circuit
- U.S. Court of International Trade
- U.S. District Court for the District of Massachusetts