On September 29, 2015 a
Party Statement
was filed
involving a dispute between
Duda, M.D., Francis J.,
and
Baystate Medical Practices, Inc.,
for Torts
in the District Court of Hampden County.
Preview
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT
HAMPDEN, ss. Superior Court Department
Civil Action No: 15-679
FRANCIS J, DUDA, M.D.
Plaintiff
HAMPDEN COUNTY
v.
SUPERIOR COURT
BAYSTATE MEDICAL FILED
PRACTICES, ING. JUL 4
fik/a BAYSTATE MEDICAL L 17 2018
EDUCATION AND RESEARCH
be OF GA
AFFIDAVIT OF MATTHEW J. FOGELMAN
FOUNDATION, INC.
ee ee
Defendant
|, Matthew J. Fogelman, being duly sworn, state as follows:
1. ! am over the age of eighteen (18) and have direct knowledge of
the facts contained herein.
2. ! am duly licensed to practice law in the Commonwealth of
Massachusetts as well as before the United States District Court of
Massachusetts and the First Circuit Court of Appeals. | am also admitted in the
State of New York. | provide the following information based on my personal
knowledge.
3. 1 am a founding partner of the law firm Fogelman & Fogelman,
P.C., where | practice plaintiff-side employment litigation and personal injury
litigation. | was admitted in Massachusetts in 2002 and practiced at Bingham
McCutchen, LLP, and Todd & Weld, LLP before establishing Fogelman &
512Fogelman in 2010.
4. My employment litigation practice ranges from wage and hour to
overtime cases to discrimination, sexual harassment, and retaliation matters. |
regularly represent clients before state and federal courts and in trials.
5. In 2017, | successfully prevailed in an appeal before the Supreme
Judicial Court in establishing a disabled employee's right to bring a civil action
based upon the off-site use of medical marijuana as a potential reasonable
accommodation under Chapter 151B in Barbuto v. Advantage Sales & Mktg.,
LLC, 477 Mass. 456, 457 (2017). | also won a $1.2 million verdict in an age
discrimination case in Norfolk County in late 2017, Beresford vy. Charles River
Automotive.
6. | am familiar with Attorney Tani Sapirstein from our work as plaintiff-
side employment attorneys over the past several years and our association with
the Massachusetts Employment Lawyers’ Association. | have known Attorney
Sapirstein professionally and personally for several years and am familiar with
her skills and experience.
7. Based on my comparable hourly rate, my knowledge of Attorney
Sapirstein’s skills and experience, and my knowledge of similar attorneys of
similar experience in the greater Boston area, | believe a $425 hourly rate is fair
and reasonable for Attorney Sapirstein.
8. An hourly rate of $425.00 for an attorney engaged in a litigation
practice with thirty-six (36) years of experience is reasonable for the Springfield
area.9, In my experience, an hourly rate of $275.00 for an associate
engaged in a litigation practice with two (2) years of experience is reasonable for
the Springfield area.
10. The facts set forth in this Affidavit are made upon my own personal
knowledge and belief and so far as upon belief. | believe those facts to be true.
Further, affiant sayeth not.
Signed under the pains and penalties of perjury on this Ss day of
dere, 2018.
3uly
Mads
Matthew J. Fdgelman
KACASEFILE\Duda, Francis, M.D. 2015 750\Past TriaiAffidavit of Matthew J, Fogefman 6-22-18-1.doc
Document Filed Date
July 17, 2018
Case Filing Date
September 29, 2015
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COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPDEN, ss. Superior Court Department Civil Action No: 15-679 FRANCIS J, DUDA, M.D. Plaintiff HAMPDEN COUNTY v. SUPERIOR COURT BAYSTATE MEDICAL FILED PRACTICES, ING. JUL 4 fik/a BAYSTATE MEDICAL L 17 2018 EDUCATION AND RESEARCH be OF GA AFFIDAVIT OF MATTHEW J. FOGELMAN FOUNDATION, INC. ee ee Defendant |, Matthew J. Fogelman, being duly sworn, state as follows: 1. ! am over the age of eighteen (18) and have direct knowledge of the facts contained herein. 2. ! am duly licensed to practice law in the Commonwealth of Massachusetts as well as before the United States District Court of Massachusetts and the First Circuit Court of Appeals. | am also admitted in the State of New York. | provide the following information based on my personal knowledge. 3. 1 am a founding partner of the law firm Fogelman & Fogelman, P.C., where | practice plaintiff-side employment litigation and personal injury litigation. | was admitted in Massachusetts in 2002 and practiced at Bingham McCutchen, LLP, and Todd & Weld, LLP before establishing Fogelman & 512Fogelman in 2010. 4. My employment litigation practice ranges from wage and hour to overtime cases to discrimination, sexual harassment, and retaliation matters. | regularly represent clients before state and federal courts and in trials. 5. In 2017, | successfully prevailed in an appeal before the Supreme Judicial Court in establishing a disabled employee's right to bring a civil action based upon the off-site use of medical marijuana as a potential reasonable accommodation under Chapter 151B in Barbuto v. Advantage Sales & Mktg., LLC, 477 Mass. 456, 457 (2017). | also won a $1.2 million verdict in an age discrimination case in Norfolk County in late 2017, Beresford vy. Charles River Automotive. 6. | am familiar with Attorney Tani Sapirstein from our work as plaintiff- side employment attorneys over the past several years and our association with the Massachusetts Employment Lawyers’ Association. | have known Attorney Sapirstein professionally and personally for several years and am familiar with her skills and experience. 7. Based on my comparable hourly rate, my knowledge of Attorney Sapirstein’s skills and experience, and my knowledge of similar attorneys of similar experience in the greater Boston area, | believe a $425 hourly rate is fair and reasonable for Attorney Sapirstein. 8. An hourly rate of $425.00 for an attorney engaged in a litigation practice with thirty-six (36) years of experience is reasonable for the Springfield area.9, In my experience, an hourly rate of $275.00 for an associate engaged in a litigation practice with two (2) years of experience is reasonable for the Springfield area. 10. The facts set forth in this Affidavit are made upon my own personal knowledge and belief and so far as upon belief. | believe those facts to be true. Further, affiant sayeth not. Signed under the pains and penalties of perjury on this Ss day of dere, 2018. 3uly Mads Matthew J. Fdgelman KACASEFILE\Duda, Francis, M.D. 2015 750\Past TriaiAffidavit of Matthew J, Fogefman 6-22-18-1.doc