Sarah P. Kelly is the Deputy Chair of Nutter’s Litigation Department and a partner in the firm’s Business Litigation and White Collar Defense practice groups. Clients across industries, including pharmaceutical companies and hospitals, have turned to Sarah to handle their cases. She has significant courtroom experience, including multiple weeks-long jury trials. Outside of the health care arena, Sarah has represented numerous clients in the construction, manufacturing, and real estate industries.
In addition to her litigation experience, Sarah has conducted numerous internal investigations for clients, trying to solve internal company problems before litigation ensues. Her goal is to quickly identify and isolate any problem, take steps to resolve it, and, if necessary, limit any resulting litigation.
Notable Experience and Client Impact
- Represented a hospital in high-profile multidistrict litigation involving a nationwide fungal meningitis outbreak, including related bankruptcy work and criminal investigation.
- Represented a state university in investigation by the Massachusetts Office of the Inspector General and related internal investigation.
- Serve as national coordinating counsel for a technical paper company in mass tort litigation.
- Defended a client against suit by a major European luxury hotel and secured defense verdict after month-long trial.
- Defended a high-level executive of a local technology and market research company in an SEC investigation.
- Represented a condominium association in multi-million dollar construction litigation after significant construction project failures.
- Defended a managing director of a private equity firm against breach of fiduciary duty claims.
Sarah is frequently quoted in the media about high-profile government investigations, including The New York Times, WGBH, and Massachusetts Lawyers Weekly, among others. She is a sought-after speaker on issues concerning pharmaceutical and medical device companies, including the increasing use of the False Claims Act against those in the health care industry.
- Representing client in civil and criminal cases related to construction project
Sarah Kelly was part of the Nutter team that represented many engineers involved with civil and criminal litigation arising from a major Boston construction project.
- Defense verdict in U.S. District Court
Sarah Kelly was part of a team that secured a defense verdict for its client after a four-week jury trial in the U.S. District Court for the District of Massachusetts. A major European luxury hotel brought suit against Nutter’s client based on the client’s alleged connection to a significant fire at the hotel. The hotel claimed that the client was responsible for this fire because one of the client’s guests, a customer, negligently discarded a cigarette in her hotel room.
After four years of discovery and motion practice, Nutter presented its case to a jury, demonstrating not only that its client was not negligent but that the hotel’s fire safety practices were inadequate. The trial lasted four weeks, while the jury deliberated for less than a day before rendering a verdict entirely in favor of Nutter’s client. "
- Dismissal of litigation in both state and federal court
Sarah Kelly has successfully represented a managing director of a private equity firm against breach of fiduciary duty claims. The claims, brought by various plaintiffs, have been litigated before both state and federal courts in California, and Nutter has successfully defended its client before all of them, including the Supreme Court of California. They arose out of the client’s position as an outside director of a California health-care company that eventually went bankrupt. The cases have all been resolved in the client’s favor, as a result of successful motions to dismiss and motions for summary judgment.
- Represented client in Massachusetts Inspector General investigation
Sarah Kelly has been part of a team of Nutter attorneys that represented a state university in an internal investigation and a related investigation by the Massachusetts Office of the Inspector General. The investigation has involved witness interviews, significant document analysis, and complex legal research. The investigation centers around issues concerning health care law and state government procurement regulations.
- Represent executive in SEC proceedings
Sarah Kelly represented an executive of a local technology and market research company in an SEC investigation. The SEC was investigating the company and a number of high-level executives in connection with the company’s practice of dating options. The client testified before the SEC, but after the testimony, the SEC determined not to bring formal charges against the client.
News & Insights
- Massachusetts Lawyers Weekly quotes Sarah Kelly in “1st Circuit expands use of supplemental pleading rule”01.04.2016
- Forty-four Nutter Attorneys Recognized in 2015 Edition of Massachusetts Super Lawyers and Rising Stars10.30.2015
- October 2013
- October 2012
- The Boston Globe, 06.15.2011
- 06.21.2017 | Advisory
- 01.19.2017 | Legal Update
- 02.29.2016 | Legal Update
- 04.16.2015 | Article
- 01.30.2015 | Legal Update
- 11.19.2014 | Legal Update
- 07.02.2014 | Legal Update
- 01.27.2014 | Legal Update
- 11.21.2012 | Legal Update
- 06.02.2012 | Article
- Sarah Kelly publishes “Prosecuting Honest Services Fraud Post-Skilling” in White Collar Law360’s “Expert Analysis” section12.16.2011 | Article
- 11.03.2011 | Legal Update
- July 2010 | Advisory
- April 2010 | Advisory
- Massachusetts Super Lawyers Rising Stars, 2009-2016
Education & Admissions
University of Michigan Law School, J.D., cum laude
University of North Carolina at Chapel Hill, B.A., with honors
- U.S. District Court for the District of Massachusetts
- First Circuit Court of Appeals
Sarah is frequently quoted in the media about high-profile government investigations, including The New York Times, WGBH, and Massachusetts Lawyers Weekly, among others.
Massachusetts Super Lawyers Rising Stars, 2009-2016