CIVIL LITIGATION

John Day has extensive experience representing clients in civil disputes, including contractual claims, public and private construction litigation, breach of fiduciary duties, unjust enrichment, and business torts such as fraud, misrepresentation, and unfair trade practices.  He recognizes that civil disputes often are advantageously resolved through a negotiated settlement, but he also possesses the experience, skill, and temperament to effectively represent a client at trial, if going to trial is necessary to protect the client’s interests. Within the context of civil litigation, John’s recent jury trial accomplishments include a multi-million dollar jury verdict in federal court on behalf of a corporation involved in a dispute involving railroad contracts, a six-figure jury verdict in Norfolk Superior Court on behalf of a real estate developer involved in a land-use and construction dispute, and a complete defense of claims brought in Suffolk Superior Court against a client business owner who was alleged to have engaged in a fraudulent transfer of assets and a variety of related business torts.

John is very familiar with the strategic and tactical considerations that typically arise during the course of civil litigation, and he employs the time-honored tools of prior planning, thorough preparation, and consistent communication in order to create and maximize legal advantages for his clients.  He is familiar with all avenues of legal dispute resolution, including trial before a judge or jury, arbitration, mediation, and direct settlement negotiations.   Civil litigation requires an attorney to comply with strict procedural requirements while simultaneously developing an innovative strategy based on the evidence, and John possesses both the procedural knowledge and trial skills necessary to successfully represent clients in civil disputes.