J. PATRICK YERBY
OF COUNSEL
Education:
J.D., cum laude, University of Michigan Law School, 2005 (Contributing Editor, Michigan Law Review)
B.M., Berklee College of Music, 1999
Admitted to Practice:
Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals for the First Circuit
Patrick has a proven record of both winning in the courtroom and negotiating favorable settlements outside of it. He focuses his practice on complex business and real estate disputes arising from breaches of contract, land use and property rights, fraud, fiduciary relationships, and unfair and deceptive business practices. He has also successfully handled matters involving business and consumer bankruptcies, estates, and personal injuries.
After running a successful solo practice for many years, Patrick joined Tymann, Davis & Duffy to expand his practice and utilize a team-based approach to his cases. He also practiced at Goulston & Storrs in Boston, gaining experience working on high-stakes litigation and large commercial transactions. He is a certified advocate with the National Institute for Trial Advocacy.
Representative matters:
Won a trial judgment for plaintiff developers in a construction dispute against the general contractor, including an award of treble damages and attorneys’ fees under Chapter 93A.
Won arbitration award in favor of defendant business owner in an action by her former business partner seeking damages for breach of contract and breach of fiduciary duties.
Won a Superior Court reversal of a zoning board decision revoking a building permit, prevailing on arguments regarding errors of law and the challenging abutters’ lack of standing.
Successfully defended Fortune 500 online marketplace operator against various lawsuits by individual plaintiffs, obtaining dismissals for lack of jurisdiction.
Won judgment in favor of plaintiff homeowners after a trial on breach of contract and fraud claims stemming from a property sale.
Won emergency injunctive relief in Land Court releasing a mortgage on a developer’s property, enabling the developer to meet a funding deadline necessary to receive a $5 million affordable housing grant.
Obtained and enforced a judgment against client’s former business partner for damages stemming from breach of their partnership agreement.
Negotiated favorable settlement of claims for more than $600,000 against defendant developer for breach of contract and violations of Chapter 93A relating to a property sale.
Negotiated numerous favorable settlements in preference actions on behalf of unsecured creditors’ committee in the bankruptcy of Dehon, Inc.
Negotiated favorable settlement on behalf of estate trustee for claims of breach of fiduciary duties and wrongful dispersion of estate assets.
Negotiated favorable resolutions to numerous and wide-ranging disputes including disputes relating to real estate transactions, commercial transactions, licensing agreements, easement rights, condominium owners’ rights, joint ventures, mechanic’s liens, private nuisance, and vehicle accidents.