Michael P. Flammia

Overview

Mike Flammia focuses his practice in business litigation, regulatory litigation, employment, insurance coverage, education law, criminal defense, and complex personal injury litigation. Mike defends and advises individuals and businesses on government investigations, including grand jury, U.S. Department of Justice, U.S. Food and Drug Administration, and attorney general investigations. He is a seasoned litigator with substantial trial and alternative dispute resolution experience.

Representative Matters

• Successfully appealed and had vacated by the U.S. Court of Appeals for the District of Columbia Circuit, a U.S. Food and Drug Administration medical device ban. Judge Rotenberg Educ. Ctr., Inc. v. FDA, 3 F.4th 390 (D.C .Cir. 2021); Judge Rotenberg Educ. Ctr., Inc. v. FDA, No. 20-1087 (D.C. Cir. Nov. 22, 2021) (order denying petition for rehearing en banc). 
• Forty-four day trial against the Commonwealth of Massachusetts and the Massachusetts Attorney General’s Office, defeating the Commonwealth’s attempt to vacate a Consent Decree that protects a residential education and treatment program and its clients.
• Successfully obtained a preliminary injunction in U.S. District Court requiring the D.C. Department on Disability Services to immediately remove a client from a psychiatric hospital and place in a community-based program. Secured permanent funding for the client in a community-based program. 
• Successfully defended clients in investigations conducted by the U.S. Department of Justice, Massachusetts Attorney General, Food and Drug Administration, Department of Children and Families, Department of Developmental Disabilities, Disabled Persons Protection Commission, and many other federal and state agencies.
• Four-week trial against the Massachusetts Attorney General’s Office successfully resulting in contempt findings against the Commonwealth of Massachusetts and a court order placing a state agency into receivership for the first time in Massachusetts history. Successfully defended the contempt and receivership order in the state’s appeal to the Massachusetts Supreme Judicial Court.
• Successfully defended a bank in a trial of lender liability claims resulting in a judgment of dismissal of all claims against the bank.
• Successfully obtained a preliminary injunction in U.S. District Court against a state education agency prohibiting it from enforcing its new regulation against clients comprising over 50 families with special needs children.
• Successfully represents health care institutions and human services programs in collecting large receivables from governmental agencies for services rendered.
• Court appointed to represent a wealthy incompetent individual suffering Alzheimer’s, and after a two week trial successfully recovered all of the client’s assets which she conveyed prior to her guardianship.
• Four-week trial resulting in freeing a foreign woman being abused and exploited by a prominent clergyman. Successfully prosecuted civil claims against the clergyman resulting in recovering his assets as compensation for damages.
• Successfully represented a treatment program in hundreds of court evidentiary hearings including issues of competency and treatment needs.
• Successfully defended many clients against grand jury investigations and criminal charges including capital crimes, abuse, obstruction of justice, health care fraud, and OUI.
• Successfully defended doctors in malpractice cases.
• Successfully defended insurance companies in coverage cases and successfully prosecuted declaratory judgment actions on behalf of insurance companies coverage issues.
• Successfully prosecuted claims against a heating system installer resulting in a multimillion-dollar recovery for the client, a church that had burned to the ground.
• Successfully defended employers in claims filed with the Massachusetts Commission Against Discrimination.
• Advises businesses on regulatory compliance, employment matters, business disputes, crisis management, media relations, subpoenas, leases, licenses, permitting, and many other business-related legal issues.
• Represents banks and businesses on debt collection and workouts.
• Advises nonprofits on governance, regulatory compliance, medicolegal issues, legislative issues, ADA protection, insurance issues, and malpractice defense.
• Advises schools and parents on education and special education law, licensing, approvals, regulatory compliance, IDEA issues, and rate setting.
• Represents clients in probate court on guardianship hearings, competency hearings, extraordinary treatment/substitute judgment hearings, and trust and estates litigation.