Donald R. Pinto, Jr.

Director 

dpinto@rackemann.com

Tel: 617-951-1118
Fax: 617-542-7437

- Litigation

 

Education

Bar and Court Admissions

• Commonwealth of Massachusetts
• U. S. District Court, District of Massachusetts
• U. S. Court of Appeals, First Circuit

Practice Focus

For nearly 20 years, Don has maintained a varied civil litigation practice with an emphasis on complex business and real estate disputes. He handles cases at the trial and appellate levels in the state and federal courts. Outside of court Don has successfully resolved many disputes through negotiation, mediation and arbitration.

Notable Experience

Business Litigation

Don represents individuals, trusts, partnerships and corporations in cases involving a wide spectrum of issues facing businesses today. Following are typical examples.

Don is defending a public company in ongoing litigation in which the plaintiff claims that the client’s advertising and marketing materials are false and misleading.

As litigation counsel to a prominent architectural firm, Don protects his client’s interests in design, construction and contract disputes, such as matters involving claims under the Americans With Disabilities Act arising from the renovation of an historic hotel in Miami’s South Beach district, and a construction dispute among participants in the redevelopment of Soldier Field, the home stadium of the NFL’s Chicago Bears

Don represents policyholders – including contractors, manufacturers and retailers – whose liability insurers have denied coverage for underlying claims and suits. He has particular experience in coverage disputes involving environmental contamination and claims of employment discrimination.

Companies rely on Don to enforce non-compete agreements and protect their trade secrets. In one recent case, Don filed suit and moved for injunctive relief on behalf of a national staffing company in an action against two employees who left to join a competitor. Within several weeks he settled the case on the client’s terms, which included a permanent injunction against the former employees and their reimbursement of the client’s legal fees.

Real Estate Litigation

Don has extensive litigation experience representing clients from individuals to Fortune 500 companies who own, buy, sell and develop real estate, in matters that include:

• Defense of permits for residential and commercial development
• Appeals of permit denials
• Disputes over the validity and enforceability of zoning by-laws
• Development of affordable housing under M.G.L. c.40B
• Damages claims based on trespass, nuisance and other property-related torts
• Disputes over offers to purchase, purchase and sale agreements, options and restrictive covenants
• Disputes arising out of commercial leases
• Adverse possession and prescriptive easement claims
• Real estate title disputes

Don’s real estate litigation practice includes particular experience in the Massachusetts Land Court, where he has handled over 100 cases.

Background

• Don joined the firm in 1988.    
• Following law school graduation, Don served for two years as law clerk to the Honorable John E. Fenton, Jr., Justice of the Massachusetts Land Court.

Publications

Author of the Note, "Modernizing Commercial Lease Law: The Case for an Implied Warranty of Fitness," Suffolk University Law Review (vol. XIX, p. 929), which has been cited as authority in several published appellate court decisions.

Reported Appellate Decisions

Boothroyd v. Zoning Board of Appeals of Amherst, 449 Mass. 333 (2007) (defense of comprehensive permit to build affordable housing under M.G.L.  c. 40B)

Boothroyd v. Bogartz, 68 Mass. App. Ct. 40 (2007) (defense against claim of prescriptive easement)

Duddy v. Mankewich, 66 Mass. App. Ct. 789 (2006) (defense of “Approval Not Required” endorsement)

Germagian v. Berrini, 60 Mass. App. Ct. 456 (2004) (enforcement of form Offer to Purchase)

Rubenstein v. Royal Ins. Co. of America, 429 Mass. 355 (1999) (claim for recovery of attorneys’ fees from insurer that breached its duty to defend)

Rubenstein v. Royal Ins. Co. of America, 44 Mass. App. Ct. 842 (1998) (claim for insurance coverage for claims arising from environmental contamination)

McCarthy v. Oak Bluffs, 330 Mass. App. Ct. 530 (1991) (claim involving title to registered land, dockage rights)

V.S.H. Realty v. Zoning Board of Appeals of Plymouth, 30 Mass. App. Ct. 530 (1991) (appeal of denial of special permit to construct shopping center)