joannedalcomo_opulent_22_12Joanne D'Alcomo
  • Bar Admissions
    Massachusetts

    U.S. District Court, District of Massachusetts

    U.S. Court of Appeals for the First Circuit
  • Memberships
    American Association for Justice

    Massachusetts Academy of Trial Attorneys
    Public Education Committee, 1994-1995

    Massachusetts Bar Association
    Litigation Section Council 1997-2000, Vice Chair 1998-1999
    Committee on Lawyer Advertising, 1994-1995

    Boston Bar Association
    Member, Litigation Steering Committee, 1998-2002
    Chair, Tort Committee, 1998-2000
  • Awards & Recognition
    AV Peer Rated by Martindale Hubbell

    Appointed Special Assistant Attorney General of Massachusetts in tobacco litigation

    Recipient, Distinguished Citizen Award, Association for Retarded Citizens of Massachusetts
  • Education
    Boston University School of Law, Juris Doctor, cum laude

    Boston University, Bachelor of Science, cum laude
  • Honors
    Editor, Boston University Law Review

    G. Joseph Tauro Scholar, Boston University School of Law

    Paul T. Liacos Scholar, Boston University School of Law
  • PUBLICATIONS AND SPEAKING
    Contributing Author, Appellate Practice in Massachusetts (MCLE 1995, 2004, 2008)

    Speaker, Pleading Tips in Business Litigation, Boston Bar Association Tort Committee (2008)

    Chair, Federal Court Practice Seminar, Massachusetts Continuing Legal Education (1997-2005, 2007-2008)

    Chair, Trying Cases in Massachusetts Superior Court, Massachusetts Continuing Legal Education (2000-2004, 2007)

    Speaker, Application of the Massachusetts Wage Act to Commissions, Massachusetts Employment Lawyers Association (2007)

    Chair, Effective Use and Preparation of Experts, Massachusetts Continuing Legal Education (2005)

Joanne D’Alcomo is a partner in the Litigation Group. With more than two decades of civil litigation experience at the trial and appellate levels and an extensive background advising clients in the handling of conflicts in a broad range of contexts, she represents individuals and corporations in contract, fraud, partnership, defamation and other disputes, and in claims involving unfair and deceptive practices or interference with business relations. Joanne also represents corporate and individual policyholders in coverage disputes or conflicts with insurers. She also handles matters involving statutory and constitutional issues. She is also called upon to evaluate cases after they have been adjudicated at the trial court level to assess prospects for appeal and to handle briefing and argument on appeal. In addition to her business litigation work, she also represents individuals who have suffered serious personal injuries.

notableexperience_opulent_22
  • Won summary judgment establishing breach of royalty contract for a medical device consultant. Successfully tried case before jury to prove damages and protected results when challenged on appeal. Jasty v. Wright Medical Technology, Inc., 2006 WL 961456 (D. Mass. April 6, 2006) and 2007 WL 1031653 (D. Mass. March 31, 2007), affirmed on appeal, 528 F.3d 28 (1st Cir. 2008).
  • Won jury trials against insurance companies establishing disability insurance coverage for policyholders after insurers had refused to pay benefits.
  • Successfully represented hotel consultant in claim for compensation based on unexecuted contract, defeating summary judgment and securing settlement prior to trial.
  • Proved corrupt conduct by large, nationwide contractor in procurement process and established violation of Massachusetts’ unfair and deceptive practices act. Professional Services Group, Inc. v. Town of Rockland, 515 F.Supp.2d 179 (D. Mass. 2007) and 2008 WL 1924996 (D. Mass. April 30, 2008).
  • Working with multiple subject experts, negotiated settlement prior to trial in wrongful death case resulting from an asphalt tank explosion.
  • Reached settlement mid-trial in business finder's claim for lost fee based on interference with contractual relations.
  • Obtained permanent injunction blocking firm from marketing its construction services with phrases similar to those used by plaintiff lumber company.
  • Won month-long trial on claims based on fraudulent transfers of stock and promissory note. McBirney v. Paine Furniture Co., 2003 WL 21094555 (Mass. Super. March 31, 2003).
  • Won trial on behalf of electric supply company on trademark issues, securing a permanent injunction barring defendant from using similar trade name.
  • Represented corporate and individual policyholders in the successful resolution of disputes with insurers over coverage for losses and defense of lawsuits.
  • Negotiated pre-trial settlement for Big Dig construction worker who suffered injuries resulting in partial leg amputation.
  • Won jury trial for high-earning, commission salesperson against former employer for retroactively reduced commissions. Successfully upheld results on appeal and succeeded in overturning dismissal of state Wage Act claims that had been dismissed prior to representation of client. Okerman v. VA Software Corp., 69 Mass. App. Ct. 771, 871 N.E.2d 1117 (Mass .App. Ct. 2007).
  • Won jury trial for tractor-trailer driver injured when his vehicle overturned due to defendant’s negligent inspection and maintenance.
  • Successfully defended franchisor against lawsuit brought by plaintiff franchisees and ex-franchisees who had sought to establish class action.
  • Won trial contesting membership of Delaware corporation's Board of Directors. Grant v. Mitchell, 2001 WL 221509 (Del. Ch. Feb. 23, 2001).
  • Won jury trial of claims by terminated employee for fraud, interference with contractual relations and slander. McBirney v. Paine Furniture Co., 1999 WL 1411359 (Mass. Super. Dec. 10, 1999)
  • Won three-week arbitration establishing breach of executive employment contract and breach of oral contract to provide executive with annuity.
  • Served as co-counsel on nationwide class action challenging constitutionality of federal statute, resulting in preliminary injunction that suspended enforcement of statute and in settlement of more than $70 million despite later decision vacating injunction. Disabled American Veterans v. U.S. Department of Veterans Affairs, 783 F. Supp. 187 (S.D.N.Y 1992), vacated in 962 F.2d 136 (1992).
  • Successfully co-tried case before jury establishing breach of partnership agreement and ousted partner’s entitlement to one-third share of temporary staffing agency.
  • Acted as co-counsel in successful federal constitutional challenge to provision of Massachusetts Criminal Offender Record Information Act barring access to certain records of criminal cases in state courts, altering longstanding decision of state’s highest court. Globe Newspaper Co. v. Fenton, 819 F. Supp. 89 (D. Mass. 1993).
  • Successfully co-tried corporate insurance coverage dispute involving insurer’s failure to pay settlement and defense costs. Prepared appellate brief that resulted in affirmance of decision. Camp, Dresser & McKee v. The Home Ins. Co., 30 Mass. App. Ct. 318 (1991).
  • Successfully tried case challenging Boston Police Department’s refusal to disclose files relating to probe of police misconduct during the nationally controversial Carol DiMaiti Stuart murder investigation. Globe Newspaper Co. v. Bratton, 1993 WL 818904 (Mass. Super. Sept. 7, 1993), affirmed in part, reversed in part on appeal, 419 Mass. 52 (1995).
  • Served as co-counsel in litigation successfully challenging, on constitutional grounds, state statute barring public access to certain court records. Globe Newspaper Co. v. Pokaski, 684 F. Supp. 1132 (D. Mass. 1989), affirmed in part, reversed in part, 868 F. 2d 497 (1st Cir. 1989).