Carson M. Shea

Overview

Carson Shea focuses his practice in business and commercial litigation in state and federal trial and appellate courts, administrative proceedings, and at arbitration and mediation. He also advises and defends clients in employment and product liability matters.

Prior to joining Eckert Seamans, Carson practiced with a Boston firm where he defended clients in product liability and commercial litigation cases throughout New England. He also served as a judicial law clerk to the Justices of the Massachusetts Superior Court.  During law school, Carson was a senior staff editor of the Northeastern University Law Journal and served as a judicial intern to Chief Justice Scheier of the Massachusetts Land Court.

Representative Matters

Financial Services Litigation

• Defends financial institutions and loan servicers in various matters involving alleged loan servicing violations, contested foreclosures and evictions, lender liability, mortgage lending and fraud, alleged predatory lending, municipals liens and claims including code violation matters, condominium, tax and other priority liens, receivership, takings/eminent domain, and debt collection and collections activities, among others.
• Successfully defended breach of contract action against financial institution on appeal before the First Circuit.
• Obtained summary judgment on claims for breach of contract, and injunctive and declaratory relief against financial institution and loan servicer.
• Obtained judgment on the pleadings on claims for breach of contract and injunctive relief to enable financial institution to liquidate the security asset and to set up settlement.
• Obtained dismissal of lawsuit for breach of contract and declaratory relief seeking to enforce the sale of property.

• Assisted with various successful dispositive motions in state and federal court cases alleging violations of state and federal statutes, including the Truth-in-Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), and consumer protection statutes.

Employment and Business Litigation

• Represents businesses and individuals in non-compete and non-solicitation issues.
• Litigates a wide range of business and customer disputes involving contract, warranty, fiduciary duty, fraud, trade secret, business interference, unfair competition, and unfair and deceptive trade practices claims.
• Defends and advises businesses and individuals concerning employment contracts, non-competition agreements, and wage and hour compliance.
• Defends businesses against discrimination claims in state and federal court, and before the Massachusetts Commission Against Discrimination (MCAD).
• Litigates inter-entity disputes, including close corporations and partnerships.

Other Commercial and Defense Litigation

• Litigates commercial landlord-tenant disputes.
• Real estate and land use litigation including claims for injunctive relief, adverse possession, and monetary damages, and challenges to zoning and permitting decisions.
• Represents insurers and insureds in first-party litigation and in third-party litigation.
• Defends product manufacturers and distributors in product liability litigation.