Carson M. Shea

Overview

Carson Shea focuses his practice in business, commercial, and employment litigation in state and federal trial and appellate courts, administrative proceedings, and at arbitration and mediation.  Carson also advises clients on employment issues.

Business and Employment Litigation.  Carson litigates a wide range of business disputes involving contract, warranty, fiduciary duty, fraud, trade secret, business interference, unfair competition, unfair and deceptive trade practices, and inter-entity disputes, including close corporations and partnerships.  Carson defends and advises businesses and individuals concerning employment contracts, wage and hour compliance, and non-competition and non-solicitation agreements.  Carson also defends businesses against discrimination claims in state and federal court, and before the Massachusetts Commission Against Discrimination (MCAD).  Carson represents commercial landlords in disputes concerning lease and license agreements, tenancy, and real estate matters.

Financial Services Litigation.  Carson 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, municipal 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.

Other Litigation and Appellate Experience.  Carson represents clients in real estate and land use litigation including claims for injunctive relief, adverse possession, and monetary damages, and challenges to zoning and permitting decisions.  Carson defends insurers and insureds in first-party litigation and in third-party litigation.  Carson also represents individuals concerning the state retirement statute before the Massachusetts Division of Administrative Law Appeals (DALA), the Contributory Retirement Appeal Board (CRAB), and in subsequent appeals before state trial and appellate courts.

Prior Experience.  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

• Obtained $5.1 million judgment in corporate fraud and civil commercial bribery case.
• Obtained dismissal of fraud claims against company CEO in their individual capacity and dismissal of shareholder derivative claims against the company.
• Successfully prosecuted claims on behalf of commercial landlords against commercial tenants, including recovery of damages in excess of $1 million.
• Successfully defended commercial landlords against claims of breach of contract, unfair business practices, and other business torts.
• Obtained summary judgment on claims for breach of contract and injunctive and declaratory relief against financial institution and loan servicer, and successfully defended appeal before the Massachusetts Appeals Court.
• Successfully defended breach of contract action against financial institution on appeal before the First Circuit.
• 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.