Eric P. Magnuson

Represented a bank pursuing claims under Article 9 of the UCC. Prevailed at trial and on appeal, securing a nearly $8 million judgment. Massachusetts Lawyers Weekly named the decision one of the most important commercial decisions of the year. Reading Co-operative Bank v. Suffolk Construction Company, Inc., 464 Mass. 543 (2013).

Represented Unibank in a dispute over a promissory note secured by a Gulfstream aircraft. Prevailed on appeal, securing affirmance of summary judgment against an intervenor asserting an alleged superior security interest. Unibank for Savings v. 999 Private Jet, LLC, 31 F.4th 1 (1st Cir. 2022).

Represented defendants and counterclaimants in litigation arising from a customer support agreement involving complex contractual and related claims. Prevailed at the motion-to-dismiss stage and summary judgment. Formulatrix, Inc. v. Rigaku Automation, Inc., No. CV 15-12725-JGD, 2018 WL 5723149 (D. Mass. Nov. 1, 2018).

Represented defendants sued for alleged trade-secret misappropriation. Secured dismissal for lack of personal jurisdiction, rejecting the theory that a defendant can be subject to jurisdiction based on the forum contacts of alleged co-conspirators. The dismissal was affirmed on appeal. OpenRisk, LLC v. Roston, 90 Mass. App. Ct. 1107 (2016).

As lead briefing counsel for The Commerce Insurance Company, prevailed in a putative class action in which the plaintiffs alleged that the Commissioner of Insurance exceeded his statutory authority by approving an exclusion of diminished-value damages in the standard automobile policy. Cubberley v. The Commerce Insurance Company, 495 Mass. 289 (2025).

As lead briefing counsel, defeated class certification in an action alleging improper total-loss valuations affecting more than 125,000 claimants and asserting damages of up to $64 million. Parsons v. The Commerce Insurance Company, No. 2084CV00659-BLS2, 2025 WL 1707080 (Mass. Super. Ct. June 17, 2025).

Secured summary judgment for an insurer in a putative class action challenging estimating practices for homeowners policies under G.L. c. 175 and c. 93A. Monette v. Citation Insurance Company, No. 2084CV2626-BLS1 (Mass. Super. Ct. Aug. 24,2023).

As lead briefing counsel, defeated class certification on remand following the Supreme Judicial Court’s ruling that automobile owners could recover inherent diminished value damages. Ercolini v. The Commerce Insurance Company (consolidated with McGilloway v. Safety Insurance Company, 488 Mass. 610 (2021)).

As lead briefing counsel, secured summary judgment, affirmed on appeal, in a putative class action seeking recovery of sales tax on behalf of third-party claimants. Ramirez v. The Commerce Insurance Company, 91 Mass. App. Ct. 144 (2017).