Jonathan Small is a member of the firm’s Litigation Section and Insurance + Reinsurance Group. His complex commercial litigation practice regularly brings him into Massachusetts trial and appellate courts on behalf of insurance companies, real estate developers, and other businesses. His interest in appellate practice began in law school when, as a student attorney at Georgetown Law’s Institute for Public Representation, he wrote an amicus curiae brief on behalf of the AARP in U.S. Supreme Court case Warner-Lambert v. Kent, 128 S. Ct. 1168 (2008).
Jonathan has defended clients against bad faith and unfair trade practice claims brought under state consumer protection statutes, including the Massachusetts Consumer Protection Act (Chapter 93A). He has successfully argued dispositive motions in federal and state trial courts, and defended those rulings on appeal. He has also defended clients in class action lawsuits and defeated attempts at class certification at the trial and appellate levels.
Jonathan grew up in the greater Boston area in Easton, Massachusetts. He attended College of the Holy Cross in Worcester, Massachusetts, where he earned his undergraduate degree and majored in philosophy. After graduating from Holy Cross, Jonathan served as an AmeriCorps VISTA supporting low income communities in Miami-Dade County, Florida. He then matriculated at Georgetown University Law Center in Washington, DC, where he was a staff editor of the Georgetown Journal on Poverty Law and Policy, competed in mock trial as a member of the Barristers’ Council, was named a Global Law Scholars Program fellow, and served as a research assistant to Professor Charles R. Lawrence, III. Following law school, Jonathan clerked for the Honorable Lynn Leibovitz of the District of Columbia Superior Court. After the clerkship, he worked at Goulston & Storrs in Boston before moving to Connecticut with his family and joining Robinson+Cole.
The Supreme Judicial Court (SJC) is slated to hear oral argument in G4S Technology LLC v. Mass. Technology Park Corp. on Monday, March 5, 2017 – a case with significant implications for construction litigation. The dispute arises out of a $45 million public works project to build a 1200-mile fiber optic network bringing high speed … Continue Reading
In a Rule 1:28 decision applying New Hampshire law, the Appeals Court affirmed the entry of summary judgment dismissing a doctor’s suit accusing her professional liability insurer of improper settlement of a claim without her consent. Johnson v. Proselect Ins. Co., 17-P-109. The underlying trial had resulted in a $5 million judgment against the doctor … Continue Reading
We have written previously on this blog about the importance of a timely notice of appeal in the Massachusetts Appeals Court. The issue bears revisiting in the federal courts following the decision by the United States Supreme Court in Hamer v. Neighborhood Hous. Servs. Of Chicago, No. 16-659 (November 8, 2017). Justice Ginsburg, in her characteristic … Continue Reading
The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No. 16-P-203 (Oct. 16, 2017). The decision helps clarify the rights of an insurer when it has offered to provide … Continue Reading
Appellate lawyers are constantly asked (and asking themselves) some variant of the same question: “How long until we get a decision?” The reality is that it’s hard to know. Nevertheless, most will, after being pressed, venture a guess based on their informed experience. To supplement our informed experience, we conducted an analysis of twenty-one recent … Continue Reading
Addressing an issue of first impression, the Supreme Judicial Court (SJC) announced last week that an insurer’s liability for multiple damages under Chapter 93A for unfair claim settlement practices committed in violation of Chapter 176D does not include the post-judgment interest accrued on an underlying judgment. Anderson v. National Union Fire Ins. Co. of Pittsburgh … Continue Reading
In a recent, precedent-setting opinion, the First Circuit Court of Appeals addressed several significant issues involving liability insurance coverage. Sanders v. Phoenix Ins. Co., 843 F.3d 37 (1st Cir. 2016). As characterized by Judge Selya, the facts of the case begin with “a tragic tale of unrequited love and morph into a series of imaginative questions … Continue Reading
Addressing an issue of first impression, the Appeals Court recently held that an employer who fails to maintain a workers’ compensation policy in violation of the Massachusetts Workers’ Compensation Act, G.L. c. 152, et seq., is automatically debarred from bidding or participating in any state or municipal funded contract for three years. New England Survey … Continue Reading
In Part I of our interview with former Supreme Judicial Court Associate Justice Charles Fried, he offered advice to Massachusetts appellate lawyers on brief writing and preparing for oral argument. As promised, in Part II, Fried shares some examples of appellate advocacy drawn from his own practice. Duane Reade Inc. v. St. Paul Fire and … Continue Reading
Charles Fried is, by any measure, a pre-eminent legal scholar and American jurist. He served as an Associate Justice of the Massachusetts Supreme Judicial Court from 1995-1999. Prior to that, he was Solicitor General of the United States from 1985-1989. He has argued numerous major cases in state and federal appellate courts, including Daubert v. … Continue Reading
Employers sometimes have more than one workers’ compensation policy that provides coverage for the same loss. When more than one policy covers a loss, the employer may have an incentive to intentionally tender the claim to one insurer and not the other. This is called selective tender. When the insured makes a selective tender, can … Continue Reading