Gardner & Rosenberg, P.C.

05/23/2024

Josh was quoted in this week’s Massachusetts Lawyers Weekly on ethics of class action settlements.

“Boston class action attorney Joshua W. Gardner says he’s reluctant to speculate as to the merits [of the suit]. ‘However, the lawsuit does allege that the named class members and their counsel made certain representations in the actual settlement agreement to induce [the class action defendant] to make the one-off settlement with class counsel and the named plaintiffs,’ the Gardner Rosenberg partner writes in an email. In that regard, Gardner cautions that both plaintiffs’ and defense counsel need to be mindful of Professional Conduct Rule 5.6, which prohibits defense counsel from offering, and plaintiffs’ counsel from accepting, any settlement agreement restricting class counsel from representing clients against the defendant. According to Gardner, the best practice is to steer clear of any agreements involving other cases.”

A Waltham disability advocacy company is suing a Denver class action firm for a refund of the amounts paid under a confidential settlement agreement to resolve robocall claims brought under the federal Telephone Consumer Protection Act.

05/17/2024

Gardner & Rosenberg's federal cases seeking to recover excess property value deprived in tax takings recently featured in an article from the New Bedford Light. We allege that the city violates the state and federal constitutions by stealing excess value, mostly from low-income individuals, and selling that windfall to a private company.

“There’s no reason why towns should be able to take from their citizens more property than they owe in back taxes.” — Nick Rosenberg, a lawyer representing both New Bedford plaintiffs

04/23/2024

Local press on our $575,000 class settlement on behalf of low income renters on the North Shore.

A class action settlement against JH One Properties, a Lynn-based property management company, and KCMP Capital would authorize a settlement fund of $575,000 to pay renters back their security deposits if approved in Essex Superior Court The settlement would go toward class members who rented apartm...

01/16/2024

Gardner & Rosenberg’s case featured in Massachusetts Lawyers Weekly. The Superior Court Business Litigation Session recently ruled that the firm’s case seeking over $80 million on behalf of a biotech co. against billionaire Paul Fireman can proceed to trial. Massachusetts Lawyers Weekly reported on the case involving Fireman's alleged assistance in alleged fraud by the company's CEO.

A pair of releases should not shield a company, its principal and one of its officers from stolen corporate opportunity claims as the evidence suggested that it was the “rare and exceptional” circumstance in which the releases were the product of fraud, a judge in the Business Litigation Session...

12/14/2023

Josh Gardner's case for an elderly couple against JP Morgan has made the news again, with an excellent feature article in Bloomberg (also published in the Business Times):

https://www.bloomberg.com/news/features/2023-12-12/jpmorgan-client-with-dementia-loses-50-million-in-5-years?embedded-checkout=true

https://www.businesstimes.com.sg/international/jpmorgan-clients-us50-million-battle-instructive-legions-ageing-baby-boomers

The bank claims it was acting on an investor's wishes to take risks. His family, and doctors, say he was slipping into dementia.

11/08/2023

Congratulations to Josh Gardner and Nick Rosenberg for being recognized again this year as Super Lawyers!

11/02/2023

Nick Rosenberg quoted in Law360 article about impending SJC case that could determine whether trial judges can impose time limits on lawyers.

Massachusetts' top appellate court is slated to hear oral arguments Friday over whether trial judges can limit how much time lawyers have to make their case to juries, setting off alarms in the plaintiffs bar.

09/12/2023

Thank you, Massachusetts IOLTA Program, for recognizing how our firm’s class action work contributes to important cy pres awards! We are proud to support you in your mission to increase Massachusetts residents’ access to legal resources.

Unlike criminal defendants, low-income people facing serious civil legal problems—

08/31/2023

Josh Gardner Quoted in Article on Whether The Firm’s $20 Million Case Brought Against JP Morgan Should Be Tried By A Judge or A Jury:

“The bottom line is that plaintiffs are an elderly couple who allege they lost their life savings because of the actions of one of the largest banks in the world. They are now seeking their day in court before a jury to tell their story, and the defendants are doing everything they can to prevent that from happening.”

JPMorgan Chase Bank NA hammered a retired Boston couple's "vexatious" late-stage request for a jury trial in a suit alleging the bank's negligence caused them to lose $20 million in savings.

10/27/2019

Notice of the $1 million settlement just went out to 1,100 Mass workers who we alleged were not properly compensated for Sunday work.

More than 1,000 Restaurant Depot claimed the company failed to issue premium pay – commonly referred to as time-and-a-half – for Sunday