- Child SupportOur thanks to Loretta Haines for calling our attention to this useful site that provides a database of county government offices in the United States. This site helps you locate your county assessor, board of elections, chamber of commerce, child support offices, colleges, coroner, courts, and much more, with relevant details. Using this can save a lot of time and frustration.
- Criminal Defense(We regret to inform our clients that effective March 31, 2017, and from that time forward, we are only accepting consultation work with respect to criminal matters and cases. Under certain circumstances, we will consider taking white collar criminal matters and cases.)
- Wrongful DeathProvidence Jury Exonerates Defendants from Pedestrial Wrongful Death Claims Despite Having Served Motorist 9-11 Alcoholic Beverages in Three Hours Fatal Accident...
- Traffic ViolationsOur client’s teenage son was hurrying home on is bicycle. He entered an intersection against a red light, peddling as fast as he could. Eyewitnesses said that he did not seem to look to either side. At the same time a rental car driven by a youthful operator entered the same intersection, speeding. The car and bicycle collided and our client’s son was thrown from his bicycle onto the grassy edge of the roadway. He suffered severe injuries and efforts to revive him failed. The defense hired an expert witness who claimed that the defendant driver was not going as fast as the police investigation suggested. In turn, we engaged our own experts who supported the police version. Rhode Island has a “pure” comparative negligence statute, meaning that our potential recovery at trial could be reduced by the percentage of negligence that a jury might determined was attributable to our client’s son. The case became more complicated when the insurance company for the defendant was a member of the Kemper Insurance Group and we discovered that those companies were in such bad financial condition that a couple of years ago the Illinois Department of Insurance has decided to require them to stop writing policies and “run off” or close their business. A March, 2007 audit essentially concluded that they might not last in business for more than a couple more years, meaning that even if we obtained a favorable jury verdict there was risk in being able to recover more than a percentage of it if appeals occurred and took significant time to resolve. The last offer had been $350,000, but with trial imminent the parties reached settlement with the assistance of a mediator. Providence County Superior Court, Rhode Island (posted October 4, 2007).
- Sex CrimesRhode Island Supreme Court Rules Homeowner’s Insurance Policy Does Not Provide Coverage for Insured’s Repeated Sexual Molestation of a Child...
- FraudMichael is currently a Partner at the Artz Law Firm at its Philadelphia office. He routinely practices in the areas of Health Care Fraud and Compliance, White Collar Criminal Defense, licensing of healthcare professionals, credentialing, medical nursing, pharmaceutical, and chiropractic board-related investigations and disputes. He has handled a wide variety of white collar criminal cases across the country, including Healthcare Fraud, Medicare and Medicaid Fraud, pharmaceutical and FDA-related matters, and criminal investigations. His clients have included physicians, pharmacists, nurses, physical therapists, chiropractors, and their practices. This included civil litigation, the defense of RICO and fraud suits, overpayment, billing, and disbursement disputes; Recovery Audit Contractor (“RAC”) disputes and Medical Integrity Program audits; Medicare reimbursement appeals; and issues involving employment terminations, restrictive covenants, and other healthcare related business disputes. He also litigates a broad range of other civil matters including contract actions, employment disputes and allegations of statutory or common law fraud.
- RobberyState v. McGehearty, 121 R.I. 55, 394 A.2d 1348 (1978) which overturned a robbery conviction due to lack of instruction by trial court that prosecution was required to prove, beyond a reasonable doubt, that defendant was not so intoxicated as to be unable to have a specific intent to steal. The issue was not raised by trial counsel and (to that extent) subsequent rulings have held that this is another issue that cannot be first raised on appeal.
- BurglaryThe plaintiff claimed that his automobile and its contents were stolen in Providence and his auto insurer paid him for that incident. Next, he alleged that the keys to his home and his electric overhead garage door opener had been taken with his car and that these “must have” been used by someone to enter and burglarize his home 3 days later. Neither the automobile nor any personal property were ever recovered. Our client (his homeowner’s insurance carrier) was asked to pay an additional $50,000, but contended that circumstantial evidence indicated that neither the vehicle theft nor the burglary occurred, the claims were exaggerated, and that the plaintiff failed to cooperate and made material misrepresentations during its investigation of the thefts. John Reilly argued the case for the insurer and a Providence County Superior Court jury agreed after 3 hours of deliberations. There was no appeal.
- White Collar CrimesAdditionally, we have successfully litigated business and commercial disputes of all kinds including those involving: breach of contract, shareholder and partnership disputes, asset disputes, tortious interference, breach of fiduciary duty, malpractice, fraud & white collar crime litigation (including asset recovery on behalf of victims), faulty workmanship and negligence.
- Theft
- EmbezzlementWhite Collar Crime involves many types of non-violent criminal offenses. White Collar Crime generally includes fraudulent schemes carried out by more sophisticated means and persons than is the case with more typical “street” type crimes. Bankruptcy fraud, consumer fraud, financial fraud, insurance fraud, health care fraud, computer crimes, bribery, forgery, money laundering, violation of anti-trust laws, tax evasion or schemes to evade taxes, embezzlement, racketeering, insider trading and securities fraud are examples of White Collar Criminal activity.
- AssaultFollowing a 3 day jury trial in the Taunton District Court our client was acquitted by a 6 person jury of one count of assault and battery and three counts of improper storage of firearms (see accompanying photograph of the Commonwealth’s “evidence” on display in the courtroom. Our expert witness in assessing secure places was Charles Mulcahy or Parallax Investigations in Rhode Island. His explanation of the layered security systems in and about the defendant’s barn trumped the testimony of three Seekonk Police whose opinions would have extended the meaning of a “secure place” to store firearms far beyond the meaning and intent of the already extremely stringent laws of Massachusetts. (Commonwealth v. David (last name withheld for security purposes) – verdict on May 11, 2016)
- ArsonMichael McCarrie began his legal career in the Felony Jury and Career Criminal Units of the Philadelphia District Attorney’s office. Next, he became a Partner in the Arson and Fraud Unit at the Cozen, O’Connor Law Firm in Philadelphia. He later worked as the Senior Fraud Counsel at Independence Blue Cross and was the author of the Fraud Manual. As the son of a distinguished Philadelphia Police Captain he has intricate experience concerning law enforcement and related matters.
- Forgery
- Money Laundering
- Business FormationForming a new business often involves complex and difficult legal issues. Our firm has experience in assisting clients in all aspects of business formation, including consulting about what legal entity would best suit the business and preparing the necessary formation for the creation of the entity. Our experience also includes corporate/entity governance.
- Business Disputes
- Business TransactionsEvery sophisticated business person knows that in the realm of business and commercial transactions, there are pitfalls that preferably never occur, but are sometimes unavoidable. At John Reilly & Associates, we provide our clients with a wealth of services that range from assisting them in avoiding liabilities that often arise during complex transactions, to zealously advocating for them should litigation become inevitable.
- Limited Liability CompaniesAt this website you can search for information on Massachusetts corporations and limited liability companies (“LLCs”), find much pertinent information and even make certain filings online.
- Employment DiscriminationSettlement: We have reached a confidential settlement in an employment discrimination case involving claims of racially-related slurs that created a hostile work environment. While the names of the parties and exact nature of the resolution of the matter cannot be revealed, it is noteworthy that the United States Equal Employment Opportunities Commission (“EEOC”) did not feel that our client presented any actionable complaints. When this occurs, the EEOC (and/or state agencies such as the Rhode Island Human Rights Commission or the Massachusetts Commission Against Discrimination (“MCAD”) issue letters that authorize complainants to proceed to court. It is also important to remember that, generally speaking, legal fees and the costs of obtaining a recovery in a case of this type are not taxable but that the Internal Revenue Service considers all other amounts received by the claimant as being fully taxable with the exception of amounts paid for physical injury. Due to changes in the law, court decisions and IRS rulings, seeking proper advice from your Attorney and/or a taxation professional about your particular situation is always important and we recommend that this should be done at all times. (June, 2007).
- Employment LitigationJohn Reilly and Associates is pleased to announce the major settlement of an employment dispute for one its clients. This matter involved several claims by our client against a large employer located in the Northeast. In this case, we were able to obtain a six figure settlement in less than a year’s time
- Sexual HarassmentSettlement:Some rather unsavory conduct on the part of a store manager that caused us to file a complaint with the Massachusetts Commission Against Discrimination (“M.C.A.D.”) on behalf of a client presenting claims of sexual harassment and retaliation in the workplace. This was not the first claim against the manager and he was eventually fired. In an effort to move the matter forward we received a “right to sue” authorization from M.C.A.D. and began a court action in Massachusetts. We pleased to report that after conducting discovery and during mediation the matter has been settled in an amount that must remain confidential but has made our client quite happy. It is amazing that after all the publicity about harassment of this type it continues to occur time and again. United States District Court for the District of Massachusetts (Sorry but the names of parties and terms of settlement must be withheld due to the confidentiality agreement – nearly all such cases are limited from disclosure in this was as a condition of settlement). (Posted in January, 2011).
- Real Estate LitigationJohn has handled and tried many complex cases involving personal injuries, civil rights, business litigation, environmental law, insurance law, petroleum marketing, defamation, product liability, construction law, workplace injuries, land use and real estate disputes. He has also successfully represented criminal defendants before and at trial. His clients have included individuals, many other lawyers, physicians, small businesses, and nationally known corporations. (The full scope of his practice and the matters handled by the Firm is outlined in greater detail in this website.)
- Construction Litigation
- Land Use and ZoningExtensive experience in general practice of law with emphasis on real estate, land use, planning and zoning, business orgnization, evictions, foreclosures, estate planning, wills and trusts.
- Landlord-Tenant DisputesIn 2008, our clients were sued by a former commercial tenant for constructive eviction, fraud in inducing the tenant to agree to take the space in the first instance and damages. We answered for the landlord and counterclaimed for the loss of rental income the tenant’s departure had caused. This became a somewhat complex case due to the tenant’s claims that renovations to the building in which they leased a floor exposed employees to undue noise and that they were exposed to hazardous substances when exterior lead was removed by licensed contractors. Due to the poor economic situation, commercial rental properties were suffering generally in the Providence area, thus our client’s duty to mitigate or avoid further losses by doing everything it could to rent the space to another tenant were unsuccessful. (Damaged parties are generally required to do everything they reasonably can to limit their losses.) After nearly three (3) years of litigation, the former tenant agreed to settle the matter and all claims have been dismissed. Our client has voiced satisfaction with the result.
- Property DamageRhode Island is one of forty-nine states (New Hampshire being the only exception) that requires its drivers to carry liability insurance to help pay for injuries to other drivers and/or passengers and damage to someone else’s property, if found at-fault for an accident. The minimum coverage limits that must be purchased in Rhode Island are $25,000 per person/$50,000 total per accident for bodily injury caused to other persons and $25,000 per accident for property damage caused to another person’s property. In a perfect world, every driver would be insured before getting behind the wheel, but that is simply not the case.
- Personal InjuryIn certain personal injury, disability, workers’ compensation and other type claims, the defense or the insurance company will request that claimants submit to so-called “independent” medical examinations or “IMEs”. Many of these are performed by health care professionals who try to do this in a professional manner and give their honest opinions. Unfortunately, some seem
- Medical MalpracticeOur firm has a well-known, established and highly successful personal injury and negligence law practice. We have extensive experience successfully resolving cases through settlement, in arbitration or through jury verdicts. Our cases have involved many types of personal injury matters, including car, truck, motorcycle and even bicycle accidents, slip-and-falls, workplace injuries, medical malpractice, defective products, wrongful death, and many types of professional or other negligence. We are focused on helping individuals achieve financial and emotional relief from the hardships that are caused by the negligence of others.
- Auto Accidents
- Estate Planning
- Wills
- Trusts
- Power of AttorneyHIPPA RELEASE FORM: Even when you have a healthcare or durable power of attorney we find that physicians, hospitals and other health care providers refuse to allow you access to the medical charts and records of those who want you to have this power. We offer this form as a potential way to avoid issues of that type from preventing you from getting the information you need to properly discharge your duties. It is free and fill-able, but (as always) not necessarily going to be accepted by those health providers who require their own forms, etc.
- Probate
- Bankruptcy
- Foreclosure
- Tax LawWe provide our clients with a broad spectrum of business related services including facilitating transactions by assisting them in stock sales, license transfers, business & partnership sales, tax issues, fraud and asset recovery, as well as the preparation of legal documentation including promissory notes, mortgages, deeds, corporate authorizations, forms, and much, much more.