John F. (Jay) Farraher, Jr.

John F. (Jay) Farraher, Jr.

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Jay Farraher is a commercial litigator and founding member of the firm's Boston office. He is a skilled trial and appellate attorney with two decades of experience in state and federal courts throughout the United States. He concentrates his practice in the area of complex litigation, which includes contract litigation, general business and employment disputes, construction litigation, and franchise and partnership disputes. Jay also has a wide-range of experience representing developers, property owners, landlords and tenants in real estate disputes involving commercial leases, purchase and sales agreements, construction agreements, land use, 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 and the Massachusetts and Connecticut appeals courts.

Concentrations

  • Federal Supreme Court and appellate litigation
  • Prosecution and defense of contract disputes
  • General business and employment matters
  • Real estate and land use litigation
  • Commercial lease disputes
  • "Open price" claims under Uniform Commercial Code
  • Construction and surety matters
  • Trade secret litigation
  • Franchise disputes under the Petroleum Marketing Practice Act
  • Wage and hour disputes/ class action defense
  • Non-compete and non-solicitation
  • Public bid protests
  • Multidistrict litigation (MDL)
  • Wrongful death defense
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取扱分野

実績紹介

  • Affirmed judgment of dismissal in favor of company providing inmate calling services for lack of personal jurisdiction.  Paul McMann v. Global Tel*Link, __  F.3d __ (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. __ (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 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).
  • After a three day hearing, obtained an award enjoining former executives from working for a "competitor" in violation of non-compete agreement (2015).
  • Obtained favorable settlement in breach of supply agreement arbitration where claimant sought $60 million in damages (2015).
  • After bench trial, obtained judgment for possession, unpaid rent, and attorney’s fees on behalf of commercial property owner (2014).
  • Obtained judgment for possession and unpaid rent on behalf of owner of commercial warehouse against national office supply chain store (2013).
  • 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.
  • Represented minority shareholders in fraud action against majority shareholders.
  • Obtained favorable 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.
  • Resolved wrongful death suit brought against private school after filing motion for summary judgment.
  • Resolved wrongful death suit brought against national moving and storage company.

受賞歴・所属団体

  • Listed, The Best Lawyers in America, Commercial Litigation, 2018-2019
  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • Team Member, a Law360 "Appellate Practice Group of the Year," 2010

学歴・資格・言語

学歴
  • 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
弁護士資格
  • 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
言語