Recent Cases

As we settle into our new offices at Roundhouse Plaza in Northampton in 2019, the firm continues to handle a variety of complex litigation in different venues. Recent cases have included:

Defense of the owner of a large commercial strip mall in Hadley, which was destroyed by fire. The case ultimately involved 16 parties, 35 depositions and a half dozen cause and origin experts. The case resolved at mediation in summer, 2019.

Claims for breach of contract and bad faith against Cumberland Farms, where Cumberland Farms declared a breach of a lease relating to a proposed store location in Russell.

Several insurance disputes arising out of a fire which destroyed one building and damaged another at the former Clark School in Northampton. At issue are between $3 and $4 million in losses and damage.

Defense of an estate against claims of a former spouse and other family members, where the decedent left a substantial fortune but died without a will. Claims were defended in the United States District Court, Probate Court and Superior Court.

Bad faith claims against the insurers of Cumberland Farms, arising from case which yielded a $32 million verdict obtained against Cumberland Farms in 2016, reduced by the trial judge to $20 million, which was upheld on appeal (Dubuque v. Cumberland Farms, Inc., 93 Mass. App. Ct. 332 (2018)

For prior years, visit our 2014 Firm Highlights, 2012 Firm Highlights, and 2011 Firm Highlights.

Complex litigation

Weinberg & Garber represents plaintiffs and defendants in complex litigation. Representing plaintiffs in cases involving medical negligence, wrongful death, and other forms of tort, the firm has helped clients obtain settlements or judgments totaling over $11 million in 11 cases alone. In the course of his career, Paul has obtained over $62.8 million in 19 cases, including a $32 million judgment in early 2016. He has also recovered $500,000 to $1 million for more than ten additional cases, mostly medical malpractice.

Dubuque v. Cumberland Farms
Bryce v. Big Papa's, LLC, et al.
Storozuk v. Cumberland Farms
Levy v. Spierings

The firm is proud to pursue litigation for individuals who suffered sudden cardiac arrest and were injured due to lack of an automated external defibrillator (an AED) in certain locations. Paul began this campaign when he filed suit against United Airlines for its failure to have this simple, life-saving device on its planes. Ultimately, the FAA required all domestic passenger planes in the U.S. to carry AEDs and train crew members in their use by 2004. The firm now represents persons similarly injured in health clubs. Today, many health clubs have AEDs in their facilities, due to legislative efforts in a number of states, the threat of litigation, and for the simple fact that they save lives.

Fowler v. Bally Total Fitness
Eng v. 24 Hour Fitness
Fruh v. Wellbridge
Stone v. Frontier Airlines
Somes v. United Airlines
AEDs meet the common law of torts

Commercial litigation

Business disputes range over many fields and topics: insurance, indemnity, partnership, corporate governance, intellectual property, anti-trust, and unfair trade practices. Paul and John have wide experience representing different kinds of business in all manner of disputes.

Insurance coverage

For over 25 years, Paul has handled a variety of property damage claims, representing both first-party claimants and insurance companies on coverage issues, while also providing third-party defense of such claims. In many cases, Paul defended contractors and architects under general and professional liability policies. Paul has developed a reputation as one of the preeminent insurance coverage specialists in Massachusetts.

Personal Injury Protection in cases


Throughout his career, with a varied practice on both sides of the V, Paul has concentrated on getting his clients the best possible result with the lowest possible expenditure of time and money. Mediation is a logical extension of that philosophy. In November, 2008, he completed a 4-day course and was certified as a mediator.

As a mediator, Paul brings a helpful combination of experience, temperament and judgment to the process, which allows him to quickly identify and clearly explain the strengths and weaknesses of each party's case. He helps the parties to recognize their best interests in working towards resolution of their conflicts.

Paul has acted as arbitrator and mediator in numerous cases involving property damage, business disputes, and personal injury claims.

Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matters.

The material on this website is provided for informational purposes only and may be considered advertising pursuant to the rules of the Massachusetts Supreme Judicial Court. The transmission of this information, and any response, does not constitute legal advice and does not create or imply an attorney-client relationship. Readers should not act or rely on any information provided herein without consulting legal counsel.