Joseph T. Toomey
Joseph T. Toomey is a partner in Nutter’s Litigation Department. Financial institutions, close corporations, and multinational corporations rely on Joe in complex litigation, including government investigations, commercial disputes, and securities litigation. Joe regularly represents clients in investigations before the Securities and Exchange Commission, the Massachusetts Securities Division, and other state and federal agencies.
Notable Experience and Client Impact
- Assisted in advising a closely-held corporation in a shareholder derivative suit
- Played key role in counseling an insurance company in class action litigation for alleged violations of state statutes
- Serve on team representing a bank in a regulatory investigation
- Advised a manufacturer of building products in a trial concerning allegations of fraud, breach of contract, and breach of warranty
Joe is active in Nutter’s pro bono efforts. He has represented clients before the Probate and Family Court, Immigration Court, Boston Fair Housing Commission, and U.S. Court of Appeals for Veterans Claims. Joe recently secured permanent resident status for a young woman in removal proceedings in Immigration Court.
Prior to joining Nutter, Joe gained previous legal experience working as an intern in the Government Bureau of the Massachusetts Attorney General’s Office, where he assisted in representing state agencies and appeared before the Massachusetts Superior Court. He worked as an intern in the Criminal Division of the U.S. Attorney’s Office in Boston. During law school, Joe was a note editor for the Boston College Law Review.
- Summary Judgment Victory: Adam Ercolini v. The Commerce Insurance Company
After Adam Ercolini collided with a Commerce insured vehicle and suffered collision damage to his car, Commerce paid to repair Ercolini’s car and restore it to its prior condition. Ercolini nevertheless sued Commerce on his own behalf (as a third-party claimant) and on behalf of a putative class. According to Ercolini, Commerce had to pay for “inherent diminished value” damages (or IDV damages), the alleged difference in market value of a car that has been fully repaired after an accident compared to the market value of the same car before the collision. The underlying theory: there is an alleged stigma attached to vehicles that have been in an accident, regardless of repair. Ercolini asserted claims for breach of contract, declaratory judgment, and alleged violations of G.L. c. 93A.
Commerce moved for summary judgement. Judge Salinger granted the motion. Judge Salinger grounded his decision, in part, on his synthesis of Massachusetts tort law: “[W]here damaged property has been fully repaired, and the responsible party has paid the full repair costs, . . . the property owner is not entitled to collect and the responsible party is not obligated to pay any additional amount for residual diminution of value.” He concluded: “[U]nless and until the appellate courts change this rule, the policy language at issue here does not give [Ercolini] any right to recover for alleged IDV damages in addition to recovering the full cost to repair [his] vehicle.”
Nelson Apjohn and Eric Magnuson led the Nutter team. Melanie Woodward and Joe Toomey assisted in early investigation of the facts and legal issues and in serving and responding to discovery. Nehal Khorraminejad and Maya Ginga assisted in preparing the motion for summary judgment. The entire team was assisted by Kate Johns, Paige Smith, Jennifer Catarius, Chris Feldman, Kelly Cannizzaro, and Lila Abraham.
- North Middlesex Savings Bank
Nutter represented North Middlesex Savings Bank in its merger with Marlborough Savings Bank.
News & Insights
- 06.29.2020 | Legal Update
- 06.17.2020 | Legal Update
- 05.28.2020 | Legal Update
- 04.29.2020 | Legal Update
- 04.10.2020 | Legal Update
- 04.06.2020 | Legal Update
- 03.31.2020 | Legal Update
- 03.27.2020 | Legal Update
- Special Edition Nutter Bank Report: Federal Reserve Announces Extraordinary Second Wave of New Initiatives in Response to the Global Pandemic03.24.2020 | Legal Update
- Writing for University Business, Jonathan Kotlier and Joe Toomey Analyze Academic Fraud Investigations in Higher Education12.01.2017 | Article
Education & Admissions
Boston College Law School, J.D., cum laude
National University of Ireland, M.A.
College of the Holy Cross, B.A., cum laude, Phi Beta Kappa
Joe is active in Nutter’s pro bono efforts. He has represented clients before the Probate and Family Court, Immigration Court, Boston Fair Housing Commission, and U.S. Court of Appeals for Veterans Claims.
Prior to joining Nutter, Joe gained previous legal experience working as an intern in the Government Bureau of the Massachusetts Attorney General’s Office, where he assisted in representing state agencies and appeared before the Massachusetts Superior Court.