Joshua A. Lewin

Design defect litigation

Represented general contractor in multiple claims arising out of a total loss of a nearly completed project resulting from negligence of a subcontractor, including insurance coverage claims, third party claims and defense of contract claims.

Trial victory in construction defect litigation

Josh prevailed in a jury trial in the Massachusetts Superior Court representing one of the region’s largest utility providers in a lawsuit for damages arising out of catastrophic damage caused to an electric transmission line during environmental testing on a construction site. The jury awarded substantial damages to the firm’s client after a multi-day trial involving complex environmental and regulatory issues.

Landmark victory for commercial real estate industry

Bowditch had a landmark win for the commercial real estate industry on behalf of Eversource Energy. The Supreme Judicial Court (SJC) of Massachusetts unanimously affirmed the Land Court’s dismissal in Sudbury v. MBTA, holding that the prior public use doctrine is inapplicable when land owned by a public entity is conveyed to a private entity for a different use.

The Town of Sudbury tried to use the “prior public use” doctrine to block a deal between NSTAR Electric Co. (Eversource Energy), Massachusetts Department of Conservation and Recreation, and the MBTA to develop an unused rail corridor with subsurface electric transmission lines and an aboveground finished ‘rail trail’ (an extension of the Mass Central Rail Trail). Had the Town of Sudbury prevailed in its claim that the prior public use doctrine could be used to block public-private partnerships for the development and repurposing of publicly owned property, it would have had a major impact on the ability of any developer in the Commonwealth to acquire property or even property rights (like an easement) from municipalities or state agencies. Municipalities and state agencies would have been hamstrung in their ability to sell unused public property and buildings or develop those properties for things like affordable housing. The Supreme Judicial Court agreed with the arguments made by Bowditch on behalf of Eversource and ruled that the doctrine could not be used to block the deal between the two companies.

Massachusetts Lawyers Weekly quoted Josh Lewin, who represented Eversource Energy, about the case in the article, “Town can’t block power lines under unused rail trail.”

Trial and appellate victories in a consumer claim

Josh successfully defended consumer claims in federal district court under the federal Fair Credit Reporting Act and Fair Debt Collection Practices Act, prevailing on appeal before the U.S. Court of Appeals for the First Circuit in a case which decided several issues of first impression. See Chiang v. Verizon New England Inc., 595 F. 3d 26.

An appellate win in a professional fee claim

The Massachusetts Appeals Court upheld a Superior Court jury’s verdict in 2013 in favor of clients Josh represented against their former attorney for charging an unfair and excessive fee. The appeals court also affirmed the trial judge’s award of triple damages and attorney’s fees under the Consumer Protection Act (chapter 93A). See Landry v. Haartz, 83 Mass. App. Ct. 1135.