Paul B. Lewis

Representative of Paul’s experience are the following cases:

• Secured dismissal of wrongful death action on behalf of hospitality client in Hampden County (Massachusetts) Superior Court, via judgment on the pleadings. John F. Bonafini Personal Representative for the Estate of Michael C. Bonafini vs. G6 Hospitality Property, LLC et al, Hampden Superior Court C.A. No. 1879CV00056 (September 16, 2020). Subsequently, as appellee, successfully defended trial-level judgment to precedent-setting appellate decision through Massachusetts appellate court of last resort. Bonafini v. G6 Hosp. Prop., LLC, 101 Mass. App. Ct. 612, 194 N.E.3d 234 (2022); Bonafini v. G6 Hosp. Prop., LLC, 491 Mass. 1101 (2022).

• Successfully defended against putative class action by removing case to the U.S. District Court under the Class Action Fairness Act and then immediately certifying salient legal question to the Massachusetts appellate court of last resort, which then issued a precedent-setting interpretation of a nineteenth-century notary fee limitation statute based on centuries-old source material. Richardson v. UPS Store, Inc., Civil Action No. 18-cv-12338-ADB, 2019 U.S. Dist. LEXIS 104796 (D. Mass. June 24, 2019); Richardson v. UPS Store, Inc., 486 Mass. 126, 156 N.E.3d 177 (2020).

• Secured early dismissal of federal putative class action, on behalf of international technology company, through argument grounded in choice-of-law analysis. Babeu v. Apple, Inc., Civil Action No. 21-CV-11967-AK, 2022 U.S. Dist. LEXIS 149905 (D. Mass. Aug. 22, 2022).

• On behalf of an international retail establishment, secured defensive judgment on the merits against claims for fraudulent misrepresentation, unfair business practices, and promissory estoppel, in the Suffolk County (Massachusetts) Superior Court Business Litigation Session. Lululemon USA, Inc. v.  -CWB Retail Limited Partnership, Suffolk Superior Court C.A. No. 2084CV00205 (February 19, 2021). 

• At the U.S. Court of Appeals for the First Circuit, secured precedent-setting appellate victory (regarding limits of so-called “Burford” abstention) on behalf of a national preschool company, while simultaneously averting imminent pandemic-era eviction. Forty Six Hundred LLC v. Cadence Educ., LLC, 15 F.4th 70 (1st Cir. 2021).

• Secured dismissal on the merits of federal action against international technology company for its alleged participation in government entity’s misconduct through use of its software. Talasazan v. Microsoft Corporation et al, 1:22-cv-11764-DJC (D. Mass., June 21, 2022).

• At the Massachusetts Appeals Court, secured reversal of trial court’s denial of technology company’s motion to compel arbitration, through argument hinging on interpretation of the Federal Arbitration Act. Cuneo v. Nat'l Delivery Sys., 100 Mass. App. Ct. 1112, 178 N.E.3d 899 2021 Mass. App. Unpub. LEXIS 689 (November 5, 2021).

• Convinced Plaintiff’s attorney to voluntarily dismiss Trafficking Victims Protection Act action filed in the U.S. District Court for the District of Massachusetts, due to a myriad of legal deficiencies that would otherwise have been exposed via motion to dismiss. Asia Graves v. Marriott International Hotel, Inc. et al., 1:24-CV-10532-DJC (D. Mass., June 11, 2024).

Paul represented a family of tenants left homeless after an unsanctioned renovation to their building caused a major wall to collapse. In November 2019, Paul brought the case to trial before a jury of twelve in the Massachusetts Superior Court, securing a substantial settlement award.

At the U.S. Court of Appeals for the Sixth Circuit, Paul represented a putative class of foster children and their families in a lawsuit against the state of Ohio for a failure to provide them with federally- required monetary aid. One year later, the U.S. Department of Health and Human Services amended federal regulations to further clarify the federal government’s intention to provide those individuals with the mandated entitlements, consistent with the statutory interpretation for which Paul had advocated.

Paul also serves on the Board of Directors at the Riverside Children’s Center in Newton, MA.

• Appeals Court ruling deepens circuit split surrounding plaintiffs’ burden in False Claims Act cases, 04 April 2023
• More signs that the major questions doctrine from West Virginia v. EPA may impact the SEC’s authority on proposed climate and cybersecurity disclosure rules, 31 October 2022
• Co-author, "When Federal Courts Remand Eviction Actions Back To States," Law360, March 26, 2021
• Co-author, "The Pandemic's Toll On Criminal Defendant Rights: Part 2," Law360, December 2, 2020
• Co-author, "The Pandemic's Toll On Criminal Defendant Rights: Part 1," Law360, December 2, 2020
• "Consistent Rules of Prior Statements: Advocating for the Substantive Use of prior Consistent Statements in Massachusetts Courts," 48 Suffolk U. L. Rev. 305 (Spring 2015)
• "Death for Association: Assessing the Constitutionality of Gang-Related Aggravating Factors in State Death Penalty Statutes," Thomas M. Cooley Journal of Practical and Clinical Law 16 2 145-186 (Spring 2015)
• "A Gateway to Future Problems: Concerns about the State-by-State Legalization of Medical Marijuana," 13 U. New Hampshire Law Rev. 1-49 (Fall 2014)

• Presenter, “Topics in Diversity Jurisdiction in Federal Court: Removal, Certified Questions, and Pitfalls for Closely-Held Companies,” Boston Bar Association Webinar (April 9, 2024)
• Presenter, "Recent Developments in Removal and Remand Litigation Procedure in D. Mass and the First Circuit," Boston Bar Association Webinar (March 16, 2023)
• Guest Lecturer, Affirmative Duties to Rescue in Non-Custodial Settings, Boston College Law School, (November 29, 2023)
• Guest Lecturer in Legal Research and Writing, Boston College Law School (various dates)
• Member, Boston Bar Association Business and Commercial Litigation Steering Committee (2023 present)
  
   

Before joining DLA Piper, Paul served as an Assistant District Attorney at the Suffolk County District Attorney's Office. There, he prosecuted an array of cases on the trial and appellate levels, including financial crimes, domestic violence, narcotics distribution, and sexual assaults. As a prosecutor, Paul conducted over thirty jury trials and argued five cases at the Massachusetts Appeals Court.

After graduating from Boston College Law school, Paul served as a Judicial Law Clerk for the Honorable Mark G. Mastroianni at the United States District Court for the District of Massachusetts.