- DivorceRecently named Family Lawyer of the Year for the Springfield area by Best Lawyers in America, Merry Nasser has practiced divorce and family law for over thirty-six years. Her practice now is devoted to collaborative divorce and mediation.
- Criminal DefenseMember: Massachusetts Bar Association; Massachusetts and National Associations of Criminal Defense Lawyers; Hampshire County Bar Association; National Lawyers Guild.
- Wrongful DeathBy JACQUELYN VOGHEL AMHERST — The family of a man who died in an Amherst tree-cutting incident in December has filed a $5 million lawsuit alleging that the property owner’s negligence led to the man’s death. Thomas Moszynski, 38, of Easthampton died after he was struck in the head by a portion of a tree that he was cutting down on Flat Hills Road in Amherst. Moszynski, who was performing excavation and installation work at the site, died from his injuries while being transported to the hospital. Moszynski’s father, Andrew Moszynski, also of Easthampton, filed the wrongful death lawsuit last week in Hampshire Superior Court against property owner Joseph Aimua, who is also known as Ebosele J. Aimua and lives in Westfield, and his company, Joslad & Associates. Through his attorneys Thomas Lesser, Michael Aleo and Patrick Melnik, Andrew Moszynski alleges that Aimua, a developer and engineer, demonstrated negligence by not properly preparing or supervising the site for tree removal work and failing to hire an arborist qualified to safely remove the trees.
- Sex CrimesThe deposition under oath Monday morning of Bill Cosby's wife, Camille, marks her first detailed comments since her husband was indicted on sex crimes charges in December.... The goal of marital privilege laws is to insulate the intimate, trusted communications between spouses from potential meddling by the government or courts. Massachusetts lawyer Tom Lesser said such protections allow spouses to be "open in their relationship," even about matters that might otherwise cause legal trouble....
- White Collar CrimesWe specialize in complex criminal defense, and we have a reputation for securing positive results for our clients both in state and federal court. We represent people who have been charged with crimes ranging from first degree murder and white collar crimes to possession of controlled substances and operating under the influence. Thomas Lesser was one of 24 lawyers from Massachusetts selected for inclusion in the National Directory of Criminal Lawyers, and William Newman is a member of the Massachusetts and National Associations of Criminal Defense Lawyers.
- Theft
- Assault
- MurderTom’s criminal practice is diverse, ranging from representing clients charged with first degree murder, white collar violations, drug related crimes, and operating while under the influence violations.
- Homicide
- ArsonA $1,375,000 settlement for the Estate of a Tibetan immigrant, who died in a boardinghouse arson when the fire alarms failed to go off. Tom went to India, where the plaintiff’s wife and children resided, to film them as part of a 35 minute mediation video. Counsel returned to India a second time to persuade the US embassy to support the family’s entry into the United States on humanitarian grounds.
- ManslaughterWhen Michelle Carter told Conrad Roy III to get back in the truck that would become his coffin, she broke every law of human decency — but she didn’t commit an actual crime, and that may be tough for most people to accept. There is no law in Massachusetts that criminalizes the act of encouraging someone to commit suicide. That’s a fact, and no amount of legal jostling or reframing by prosecutors can change that. “They are trying to shoehorn her actions into a manslaughter charge, but that doesn’t fit the crime,†said Tom Lesser, an attorney who has appeared before the Supreme Judicial Court on numerous occasions. “It appears that she encouraged him, but other states have held that encouraging someone to commit suicide is constitutionally protected.â€
- Prostitution it as “only within the outer ambit†of the First Amendment’s shield. Courts have upheld a slew of restrictions on strip clubs based on their possible “secondary effects†on a surrounding community, like blight, decreasing property values and increase in crime (especially prostitution)....Â
- Wrongful Termination
- Employment DiscriminationRepresenting primarily employees, but on occasion employers, we have a keen understanding of the importance of handling employment disputes with detail and care. From wage and hour claims to employment discrimination, our intention is to secure the best possible outcomes for our clients. Our employment practices include...
- Employment Litigation
- Severance Agreement
- Sexual Harassment€œA civil suit lodged against Berkshire Hills Regional School District earlier this month alleges administrators failed to take appropriate measures after students claimed they were sexually abused by Scott Muir, then a student center support coordinator at the Stockbridge Plain School in the early to mid-2000s.... Michael Aleo, a lawyer at Northampton firm Lesser, Newman and Nasser, which is reprinting the four women in the suit, said MCAD has jurisdiction over issues relating to sexual harassment and abuse in schools, though the victims could also file suit against the school district in state or federal court.â€
- Real Estate LitigationTom’s civil practice is concentrated on personal injury, medical malpractice and wrongful death cases. However, he regularly represents clients in business and real estate litigation, First Amendment and civil rights claims, and environmental, zoning and municipal law.
- Premises Liability
- Land Use and Zoning
- Personal InjuryThe firm has earned a reputation for aggressive, creative advocacy, particularly in complex cases. In 2006 and 2007, the firm obtained five settlements or verdicts between $500,000.00 and $1.5 million in personal injury cases.
- Medical MalpracticeJury award of $1,160,000 in a medical malpractice action in United States District Court in Vermont. The defendant was a nationally known surgeon, who improperly treated the plaintiff, a 460 pound man, for a foot burn that he received from a heating pad. More than 20 depositions were conducted prior to trial.
- Estate PlanningThe Appeals Court upheld the dismissal of Financial Freedom Acquisition’s breach of contract and unjust enrichment claims against Edward Laroche and his mother, Dorothy. The ruling affirms a Hampden Superior Court decision reported by Lawyers Weekly last year. In that decision, Judge Edward J. McDonough Jr. concluded that Financial Freedom was not entitled to the invalidation of Dorothy’s conveyance of title in her Chicopee home to Edward that was part of estate planning pre-dating her loan. Edward is represented by Thomas B. Lesser and Michael E. Aleo of Lesser, Newman, Aleo & Nasser in Northampton. Aleo says the case sends an important message to all “predatory†lenders. “Predatory lenders should beware,†Aleo says. “You can’t just depend upon vulnerable borrowers, ignore your own internal cautions, and expect a court to be sympathetic to you at the end of the road.â€
- Probate
- ForeclosureMichael Aleo, Pablo Svirsky, Foreclosure Fallout: The Banking Industry’s Attack on Disparate Impact Race Discrimination Claims Under the Fair Housing Act and Equal Credit Opportunity Act, Boston University Public Interest Law Journal 1 (Fall 2008)