LITIGATION & CIVIL DISPUTES

Civil disputes can be complicated—at Olin Lippiello LLP, we’re with you each step of the way.

A hallmark of a civilized democracy is the willingness of its citizens to submit their disputes to a court of law. Civil disagreements are far ranging, from personal injury cases, to contract disputes, collection matters, insurance coverages, consumer protection—the list goes on.

At Olin Lippiello LLP, we will vigorously pursue your claim and do everything in our power to achieve a successful outcome. You can be sure that your matter will be personally handled and your questions and concerns promptly addressed, and you can be confident knowing that your legal representation will be of the highest quality in terms of professionalism and effectiveness.

We Specialize in Civil Litigation


We will represent you in trial, or at hearings, arbitrations, or mediations before administrative agencies and state and local courts. We are with you from start to finish. Whether you’re seeking compensation for damages or defending yourself against a complaint filed against you, our experienced trial lawyers are with you from start to finish.

Call us today 413.203.0010

Our Approach


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    Complaint

    First, the plaintiff files a “complaint” with the court. The complaint explains how the defendant harmed the plaintiff, that the court has jurisdiction to rule on the matter, and asks the court to intervene. The defendant is “served” a copy of the complaint and, in turn, files an “answer” responding to the complaint’s allegations.

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    Discovery

    Second, the parties often engage in “discovery.” This means that each side provides information about the case. Sometimes, discovery involves “depositions” where witnesses answer questions under oath. This process can lead to either resolution or to trial.

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    Resolution

    Third, a number of litigated disputes get resolved in alternative ways. The most common are voluntary “mediation” or binding “arbitration.” Arbitration, mediation and other forms forms of alternative dispute resolution (often called “ADR”) have a big advantage: trials are expensive and time consuming for all parties involved. Whenever possible, we will consider other means for reaching a settlement of your case. If we are unable to reach the resolution you’d like, we will fight for you in court.

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    Trial

    Fourth, if your dispute does not resolve through arbitration or mediation, we will go to trial for you. At trial, the parties enter evidence, cross examine witnesses, and provide closing statements. Ultimately, the jury (or judge in a bench trial) determines if the defendant is responsible and required to pay damages to the plaintiff.

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    Appeals

    Fifth, even those cases that go to trial may be appealed. At Olin Lippiello LLP, we are experienced in appealing cases to the federal and state courts of appeal or, if necessary, all the way to the Massachusetts Supreme Judicial Court.

What You Should Know

Civil litigation gets a bad reputation. In truth, lawsuits are an essential part of our justice system intended to level the playing field and have an impartial judge or jury settle disputes. More often than not a plaintiff feels they have been wronged but have no power in the situation. With decades of trial experience, Olin Lippiello LLP is here to help.

Civil litigation is a legal dispute between two or more parties, where one party seeks money damages or other relief. In many cases, a party may request a trial by jury or ask a judge to oversee the case (called a bench trial). Civil cases differ from criminal cases in a variety of ways:

  • Consequences: Where a criminal case can include jail time, a civil case usually involves only financial damages or specific performance of a contract.
  • Parties: Criminal cases are brought by the state or federal government (often called the prosecution or “the people”) while civil cases are brought by private parties (called “plaintiffs”).
  • How they are decided: A criminal case requires that the defendant be proven guilty beyond a reasonable doubt whereas a civil case simply requires that the judge or jury find the defendant liable by a “preponderance of the evidence” or “more likely than not.” For this reason, it is entirely possible that a defendant is found non-guilty at a criminal case (think O.J. Simpson), but at a civil trial a judge or jury may determine that he or she is responsible for harming the plaintiff and required to pay damages.

Complex Commercial Disputes

Commercial disputes are cases between and among businesses. Often commercial disputes involves tort law, common law principles, or statutes passed by legislatures that are unique to a particular industry.

Consumer & Internet Fraud Issues

Consumers in particular are susceptible to fraud. Of particular concern are internet contracts and “click-wrap” agreements, which fall under contract law.

Contractual Breaches

Much civil litigation involves breaches of contract. To qualify as a contract, there needs to be an “offer” that is “accepted” and supported by “consideration” (something of value).

Unfair & Deceptive Acts & Practices

If a company has breached its contract to you and acted egregiously, you may be able to sue the business for an unfair practice under one of the above laws.

How Olin Lippiello LLP Can Help

Complex Commercial Disputes

Perhaps you own a small business and have been sued; you have received a summons and complaint and do not know how to file an answer. Maybe you want to bring an action against a business, but you do not know where to turn. At Olin Lippiello LLP, we can confidently talk you through your legal options—whether you should bring an action, defend at trial, or attempt to settle. We have experience in the various courts and administrative agencies where your case may be resolved.

Consumer & Internet Fraud Issues

What happens every time that you click “I accept the terms and conditions” or enter your credit card information? In many cases you are bound by “contract” law. However, the rules in this area rapidly change. Does your electronic signature count? What if the business you are seeking goods or services from hides essential terms or buries refund language in fine print? If you think that you have been defrauded by a company online or in print, call us. We will go the extra mile to help you understand your rights and arrive at a solution.

Contractual Breaches

Did you know that while many contracts need to be in writing, oral contracts in certain circumstances may be enforced? To qualify as a contract, there needs to be an “offer” that is “accepted” and supported by “consideration” (something of value). If you think a contract has been breached, or you are concerned that your own actions may be viewed as a breach, you should seek the advice of an experienced civil law practitioner. At Olin Lippiello LLP, we are here to help you deal with the fine print of contract law. We have untangled the most thorny contracts and helped our clients gain control over their situations.

Unfair & Deceptive Acts & Practices

In Massachusetts, unfair practices are governed by “Chapter 93A,” of the state’s general laws. In Connecticut, the governing statute is called “CUTPA” (the Connecticut Unfair Trade Practices Act). You may also be entitled to double or even triple damages and payment of your attorney’s fees. We are ready to fight for the rights of consumers who have been deceived by unscrupulous companies.

Other Areas

Civil litigation can also include personal injury law, an area in which we have years of expertise. Not sure where your situation might fit? Give us a call at 413-203-0010 for a free consultation. We can guide you through the issues you’re facing. You don’t have to go through it alone.