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Recent Victories from Melick & Porter of Themis Advocates Group

Melick & Porter is part of the Themis Advocates Group. Like all law firms in our network, Melick & Porter is comprised of legal professionals who are constantly trying to raise the bar and do more for clients than ever before. This “never settle for less” attitude has allowed the firm to secure numerous recent victories worthy of headlines. In celebration of these achievements, we would like to share some of the most notable case results with you.

Protracted Landlord-Tenant Dispute

Attorney John Wheatley of Melick & Porter helped protect the rights of a landlord who had been accused and harassed by a belligerent tenant. The case began with the tenant refusing to pay rent due to an apparent draft that could never actually be verified. After months of nonpayment for no valid reason, the landlord began the eviction process with the firm’s help.

However, the tenant retaliated with baseless counterclaims and lawsuits, apparently hoping to wear the landlord out and escape owed rent payments and/or the eviction notice. Attorney Wheatley stood firm against the several lawsuits and appeals and secured a victory for the client-landlord. Not only were the tenant’s arguments disassembled in court, but they were also ordered to pay four awards of legal fees to the defendant for wasting everyone’s time and resources on a case with no legit merit.

For more information about this case, click here to view a PDF press release from Melick & Porter.

Federal Court Summary Judgment

Attorneys Holly Rogers and Michael Mazurczak of Melick & Porter recently won in federal court in a complex business relations case. The attorneys defended a client who was accused of making damaging defamatory statements that resulted in tortious interference. However, the argument was successfully made that the statements had been made during litigation and were, therefore, protected by absolute litigation privilege. Under this protection, the statements could not have been capable of malicious defamation in any legally measurable capacity. The case ended in favor of their client in summary judgment before further litigation became necessary.

For more information about this case, click here to view a PDF press release from Melick & Porter.

High School Bullying Accusations Go to Federal Court

Attorneys Holly Rogers and Alexander Ahrens of Melick & Porter successfully convinced a federal judge to dismiss a potentially damaging claim against their client. A high school football player with special education needs and his parents accused the firm’s client of discrimination. When Attorneys Rogers and Ahrens argued that there was not even a causal connection between the alleged mistreatment and the student’s special education needs, the court threw out the entire case. Not only that, but the claims held under state law were also dismissed as the federal court refused to exercise jurisdiction over the matter, which was legally thread-thin at best.

For more information about this case, click here to view a PDF press release from Melick & Porter.

USA Hockey Claims Fully Dismissed

A former USA Hockey coach accused USA Hockey of allowing players to breach their contracts by switching teams mid-season. USA Hockey and various officials hired Attorneys Matthew Welnicki and Michael Mazurczak of Melick & Porter to defend them.

The attorneys were able to reveal that there was no portion in the plaintiff’s contract as a former coach that would give him any legal right to pursue monetary damages if one or more of his players switched teams. It was also noted that the coach was arrested pending a criminal investigation, which necessitated the need to relinquish him of his coaching duties that season. The court granted the motion to dismiss the entire case before it could progress further.

For more information about this case, click here to view a PDF press release from Melick & Porter.

Two Summary Judgments for Insurance Agency Client

Multiple attorneys from Melick & Porter, led by Attorney Bill Chapman, won two summary judgments for an insurance agency client in a high-value claim. The plaintiffs in the case sued our client for $20 million after the Masonic Temple building in Quincy suffered extensive fire damage. According to the plaintiffs’ argument, the insurance agency should be held liable – and the agency’s principle should be held personally liable – for the damages out of alleged negligence and contract breaches, despite the building being under renovation at the time of the fire. It had been speculated that a fire hazard was caused and sparked during the renovations.

The attorneys argued before the Norfolk Superior Court for four hours. Within those hours, it was successfully argued that our client did not owe any additional duties to the plaintiffs based on the initially agreed-upon insurance contracts.

For more information about this case, click here to view a PDF press release from Melick & Porter.

Summary Judgment in Real Estate Bidding War

Attorney Syd Saloman of Melick & Porter successfully defended a real estate agency from a lawsuit that claims it had violated an oral agreement to sell a condominium to the plaintiff-buyer. The dispute arose after a bidding war sparked between the plaintiff and another buyer who ultimately signed an agreement to purchase the piece of real estate. The plaintiff claimed that they had spoken with the real estate agency prior and made an oral agreement then to end the bidding war and buy the condominium.

Citing the valuable Statute of Frauds of real estate law, Attorney Saloman was able to quickly counter the plaintiff’s complaints. The Statute of Frauds essentially makes a written contract a necessity when buying and selling real estate, no matter how elaborate or official-sounding an oral agreement might be. To conclude the case without the need for litigation, and to discourage a wave of future frivolous oral agreement real estate lawsuits, the court enforced the Statute of Frauds in a summary judgment, halting the plaintiff and benefitting Attorney Saloman’s client.

For more information about this case, click here to view a PDF press release from Melick & Porter.

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