Hon. Gordon L. Doerfer (Ret.) joined the JAMS panel of neutrals in 2007 after serving 25 years in the trial and appellate courts of Massachusetts. In addition to mediating and arbitrating numerous matters at JAMS, he spent substantial time assigned to civil sessions in the greater Boston area where he presided over a variety of complex civil matters. He was one of the judges assigned to the Business Litigation Session when it was created, shortly before leaving to accept an appointment to the Massachusetts Appeals Court. While on the Superior Court, he was known to utilize pre-trial conferences routinely to manage and help resolve issues which arose during the course of discovery and to facilitate settlement when appropriate. He served as Chair of the Superior Court Alternative Dispute Resolution Committee. In addition to his service on the bench, he was in private law practice for fifteen years concentrating on civil litigation.
Representative Matters
Representative matters in which Judge Doerfer helped to resolve in mediation or adjudicated included the following.
- Business and Commercial
- Claims of fraudulent misrepresentation in acquisition of a business
- Consolidated claims of over 50 retail gasoline dealers against major oil company for violation of statutory and franchise agreement obligations
- Contract dispute over purchase and sale of high-tech equipment and sufficiency of time under the UCC to cure alleged defects
- Dispute over rights of stockholder to appraised value of stock and proper basis for appraisal pursuant to stock purchase agreement
- Shareholders derivative action; failure to make demand; futility alleged
- Valuation of complex business interests in divorce context
- Construction
- Construction defect case involving claims of defective fabrication of custom windows and other poor workmanship causing water damage
- Construction dispute over responsibility for work as between electrical and general contractor in a public construction contract; role and authority of architect; resolution of conflicting provisions of contract documents
- Numerous matters involving construction contracts, performance, and delay issues
- Employment Law
- Defamation claim based on reference given by former employer; issue involved whether statement was opinion or fact
- Age discrimination and hostile work environment based on religion
- Benefits due under a retirement plan
- Handicap discrimination claim contested based on injuries received in motorcycle accident; question was whether limitations in range of motion amounted to a handicap
- Interviews of employer non-control group witnesses without presence of employer counsel
- Partners of a partnership as employees subject to the protection of ERISA; duty of insurer to defend and indemnify their claims relating to retirement benefits
- Salary differential claimed to be based upon race
- Termination of employment. Public policy exception to employment at will for whistle-blowing in certain circumstances
- Environmental
- Clean up costs for alleged dumping of hazardous waste by previous owner
- Damage caused by oil spill during home delivery
- Oil spill damage in residential basement
- Dispute over obligations under a purchase and sale contract for real estate where pollution alleged to contaminate the premises
- Endangered species-disputed presence of habitat on land sought to be developed
- Public contract for remediation of environmental hazard; challenge to bidding procedures as impacted by public interest in expeditious completion
- Storm water damage allegedly caused by faulty sewer construction
- Finance
- Dispute over commercial reasonableness of sale of collateral by bank which foreclosed on commercial loan
- Breach of non-compete, non-solicitation and confidential information agreement in financial services industry
- Conflicting claims for security to finance several large construction projects on the east coast
- Financing of acquisition of automobile dealership; applicability of fiduciary duty standards
- Dispute over character of certain financial instruments as securities and consequent treatment under excise tax laws
- Healthcare
- Dissolution of medical practice, involving disputes over value and allocation of assets
- Three judge mock panel to evaluate false advertising and scientific support for health claims; (Mini trial followed by focus group)
- Dispute over contract for acquisition of numerous healthcare practices; claims of fraud asserted as a defense to performance of the contract; materiality of representations alleged
- Negligent hiring and supervision of nursing personnel who committed professional negligence
- Breast implants, product identification issues
- Intellectual Property
- Copyright infringement of architectural plans
- Breach of agreement regarding transfer and licensing of high tech equipment joint venture
- Resolution of claims to enjoin competition and the disclosure of confidential information in nationwide food distribution business
- Numerous matters seeking to enjoin dissemination of trade secrets and unfair competition, confidential business information, customer lists
- Actions seeking enforcement of non-competition agreements
- Defamation of a business via internet on a web site for investors; jurisdiction of defendant was found based on location of server used by the web site on which allegedly defamatory material was posted
- Insurance
- Neutral evaluation of three cases involving major national insurance company regarding claims to void policy for hindering right of subrogation from co-primary and excess carrier
- Insurance coverage dispute regarding subrogation rights for large worldwide insurance firm
- Insurance coverage dispute for fire damage on a family owned business
- Non-Profit Organizations
- Personal liability of officers and director of a charitable corporation
- Claim that recreational activity sponsored by a non-profit organization compromised its rights to plead charitable immunity
- Negotiation of operating relationship between two non-profit organizations
- Personal Injury: Numerous personal injury claims involving
- Construction site injuries
- Motor vehicle tort
- Premises liability
- Product liability
- Sexual abuse
- Claim against nursing home for injury to patient leading to death
- Professional Malpractice
- Accounting malpractice and fraud involving claims of numerous clients
- Claim against law firm arising out of alleged advice to invest in Madoff funds
- Consensual romantic relationship between former patient and physician; question of whether fiduciary duty endures after professional relationship ended
- Medical malpractice claim alleging missed diagnosis of cancer
- Legal malpractice arising out of negotiation and preparation of documents in acquisition of a high tech business
- Real Estate
- Boundary dispute, encroachment of structure
- Broker’s entitlement to commission and performance of conditions of the brokerage contract
- Commercial lease dispute involving mixed use development and duties of landlord to assist tenant in obtaining various permits
- Damages to unique improvements to land from fire; measure of damages
- Nuisance: whether asphalt plant could be constructed in compliance with regulations limiting disruptive uses of land
- Tidal flats dispute over applicability of regulations and statutes as limitation on development