Litigation Attorney, Needham, MA, Kevin C. Cain

Kevin C. Cain

Member

Location: Needham, Massachusetts
Phone: 781-320-5400
Fax: 781-320-5444
Email: kcain@sulloway.com

Areas of Practice

General Civil Litigation
Insurance/Risk Management
Professional Liability
General Business
Intellectual Property


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My practice focuses on civil litigation, insurance coverage, and the defense of bad faith claims.   I also counsel clients involved in business and real estate transactions, aviation matters, employment issues, intellectual property, regulatory compliance, and risk management.  In the bad faith arena, I have particular experience counseling and defending insurers against claims under Chapters 93A and 176D of the Massachusetts General Laws, including claims for unfair settlement practices and duty to defend disputes.  Together with my colleagues in the Sulloway & Hollis Insurance Coverage and Bad Faith Practice Group, I provide advice to insurers presented with complex coverage and enterprise matters throughout Southern New England.

I have significant civil litigation experience, including the defense of insureds in a myriad of general liability, product liability, construction, professional liability, environmental and toxic tort cases.  Additionally, I have litigated shareholder disputes, business torts, antitrust matters, contract disputes, and employment matters. I also handle intellectual property cases, including the prosecution of copyright and trademark applications, enforcement of trademarks, copyrights, domain name disputes, protection of trade secrets, and patent infringement claims. I am a registered patent attorney.

In the area of professional liability, I have defended law firms and individual lawyers, including significant experience defending specialized practitioners such as patent lawyers and tax attorneys. I have also defended real estate brokers, securities brokers, registered investment advisors, insurance brokers, architects, engineers and psychologists.

I have incorporated my experience as a licensed private pilot in my representation of airlines, fixed base operators, repair facilities, flight instructors, and aviation insurers in civil matters and before the NTSB in FAA enforcement actions. I serve as panel counsel for the Aircraft Owners and Pilots Association (“AOPA”).

I have tried cases to verdict in state and federal courts in Massachusetts, Rhode Island and in Federal Court in the Northern District of New York.

Areas of Practice

General Civil Litigation
Insurance/Risk Management
Professional Liability
General Business
Intellectual Property

Bar Admissions

Massachusetts, 1987
Rhode Island, 1988
California, 1998
U.S. District Court District of Massachusetts, 1988
U.S. Court of Appeals 1st Circuit, 1988
U.S. District Court District of Rhode Island, 1989
U.S. District Court Northern District of New York, 1996
U.S. Patent and Trademark Office, 2002
U.S. Court of Appeals Federal Circuit, 2005
U.S. District Court District of Connecticut, 2013

Education

Boston College Law School, Boston, Massachusetts
J.D. cum laude – 1987

Boston College
B.S. – 1984
Major: Finance
Major: Philosophy

Published Works

  • Sticks and Stones May Break One’s Bones, But Words can Ruin a Business: Protecting Your Client from Commercial Disparagement, Federation of Defense and Corporate Counsel (“FDCC”), 2016
  • 50 State Survey: Lawyers’ Liability to Third Parties, Professional Liability Defense Federation (“PLDF”), 2016
  • 50 State Survey: Accountant’s Liability to Third Parties, Professional Liability Defense Federation (“PLDF”), 2016
  • Duty to Defend: A State-by-State Compendium, Defense Research Institute (DRI), 2015
  • Trade Secrets and Agreements Not to Compete: A State-by-State Compendium, Defense Research Institute (“DRI”), 2012
  • Trade Secrets and Agreements Not to Compete: A State-by-State Compendium, Defense Research Institute (“DRI”), 2009
  • Intellectual Property Compendium (2007) – Licensing Destruction – practical significance of MedImmune, Inc. v. Genentech, Inc., Defense Research Institute (“DRI”), 127 S.Ct. 764, 2007
  • Intellectual Property Compendium – Attorney Fees in Copyright Cases: Considerations for Defendants and Their Attorneys, Defense Research Institute (“DRI”), November, 2006
  • Analysis Of The 1993 Amendments To The Massachusetts Lead Paint Law, Boston Bar Journal, May/June, 1995
  • Staff Writer, Uniform Commercial Code Reporter Digest, Matthew Bender, 1986-1987

Representative Cases

  • White v. R.M. Packer Co., 635 F.3d 571, 2011 U.S. App. LEXIS 3276, 2011-1 Trade Cas. (CCH) P77,352 – (Successful defense on appeal to the United States Court of Appeals for the First Circuit of summary judgment granted to Martha’s Vineyard Gas Station owner defendants on claims brought under § 1 of the Sherman Antitrust Act and a price-gouging regulation under Mass. Gen. Laws ch. 93A.);
  • Buck v. Am. Airlines, Inc., 476 F.3d 29, 2007 U.S. App. LEXIS 2618 – (Successful appeal to United States Court of Appeals for the First Circuit dismissing the claims made by 4 plaintiffs accusing multiple airlines of unlawfully failing to refund various fees and taxes that had been collected as part of the original unused non-refundable ticket prices.  Dismissal was granted on the ground that the claims were preempted by the Airline Deregulation Act (ADA), former 49 U.S.C.S. Appx. § 1301 et seq.);
  • Ceruolo v. Garcia, 92 Mass. App. Ct. 185, 83 N.E.3d 179, 2017 Mass. App. LEXIS 119  –  (Successful Appeal to the Massachusetts Appeals Court wherein the court set aside a default judgment because the trial judge applied the wrong standard applicable to a rule 55(c) motion to remove the entry of default, which is “good cause,” not the “excusable neglect” standard applied here.);
  • Blais v. R.I. Airport Corp., 212 A.3d 604, 2019 R.I. LEXIS 107, 2019 WL 2528580 – (Successful appeal to Rhode Island Supreme Court challenging administrative order of R.I. Airport Corporation barring a pilot from accessing a public airport.);
  • Davis v. Ford Motor Credit Co., 882 A.2d 557, 2005 R.I. LEXIS 159 – (Successful appeal to Rhode Island Supreme Court affirming judgment in favor of Ford Credit  based upon plaintiffs’ execution of the releases in favor of lessee, which barred their claim against Ford Credit as a matter of law pursuant to G.L. 1956 § 31-33-6 );
  • April Lima v. Town of Lincoln et al (United States District Court for the District of Rhode Island C.A. No. 1:10-cv-00524-ML-PAS) (Successful jury trial to verdict representing UTGR, Inc. d/b/a Twin River Casino and one of its security guards in an “excessive force” case asserting civil rights claims under 42 U.S.C. §§ 1983 & 1985.);
  • Fieldturf  USA, Inc. et al v. David W. White and Son, Inc. (United States District Court for the District of Massachusetts 08 CA 11214 MLW) (voluntary dismissal after filing early summary judgment motion in Patent Infringement case wherein plaintiff alleged defendant made an offer to sell plaintiff’s patented synthetic turf which conformed to the specifications in public bidding documents);
  • Brian K. Crum v. Ford Motor Credit Company et al (Providence Superior Court C.A. No. 99-4617) (successful jury trial to verdict representing Ford Motor Credit Company in catastrophic personal injury case with multi-million dollar exposure prosecuted under the now repealed vicarious liability laws of Rhode Island);
  • John Weld, Jr. et al v. CVS Pharmacy et al (Suffolk Superior Court C.A. No. 98-0897) (Successful defense of Adheris, Inc. f/k/a Elensys Care Services, Inc. in consumer class action alleging violation of state consumer protection laws and privacy statute as a result of the alleged unauthorized exchange of customers’ confidential medical data and demographic information maintained by CVS Pharmacy, Inc.);
  • Play Time, Inc. v. LDDS Communications, Inc. and Michael Eisemann (United States District Court for the District of Massachusetts C.A. No. 96-2066) (successful jury trial to verdict representing individual who retained ownership rights to unique and commercially valuable toll free 800 telephone number);
  • Richard Williams v. Richard Bihrle et al (Dukes County Superior Court C.A. Nos. 94-0081 cons. 95-0003) (successful jury trial to verdict of equipment retailer in product liability case involving a chainsaw sold by client to plaintiff who severed his arm while using the product.); and,
  • Reliant Airlines, Inc. et al v. County of Broome (United States District Court for the Northern District of New York C.A. No. 90-CV-537) (successful jury trial recovering seven figure judgment for property damage to Falcon 20 aircraft destroyed in runway overrun due to untreated ice on runway and incorrectly reported braking action advisories).

Representative Clients

  • British Airways
  • Aircrafts Owners and Pilots Association
  • Ford Motor Credit
  • OneBeacon Insurance Group

Honors and Awards

  • Massachusetts Super Lawyers Selection, 2004, 2014, 2015
  • AV Preeminent Rated, Martindale-Hubbell

Professional Associations and Memberships

  • Aircraft Owners and Pilots Association, Panel Counsel
  • American Bar Association, Member
  • American Intellectual Property Law Association, Member
  • American Arbitration Association, Member
  • Federation of Defense and Corporate Counsel, Member, 2015 – 2016
  • FINRA, Public Arbitrator, 2014 – 2016
  • Massachusetts Bar Association, Member
  • Rhode Island Bar Association, Member
  • California Bar Association, Member
  • Lawyer/Pilots Bar Association, Member
  • Claims and Litigation Management Alliance (“CLM”)
  • International Association of Privacy Professionals (CIPP/US Certified)
  • Professional Liability Defense Federation (“PLDF”)

Past Employment Positions

  • Zizik Professional Corporation, Partner, 2013 – 2016
  • Peabody & Arnold, LLP, Partner, 1995 – 2013
  • Parker, Coulter, Daley & White, Boston, MA, Partner, 1994 – 1995
  • Parker, Coulter, Daley & White, Boston, MA, Associate, 1987 – 1994