Michael D. Riseberg

Michael Riseberg, the Co-chair of the firm’s Litigation Department, has 30 years of experience as a civil litigator and trial attorney. His practices focuses on defending businesses, insurers and professionals in the defense of wrongful death, catastrophic personal injury, and property damage cases involving construction accidents, construction defects, trucking and motor vehicle accidents, premises liability, products liability, admiralty, legal malpractice, insurance coverage and insurance bad faith. Michael has tried numerous significant cases in state and federal courts in Massachusetts, most recently obtaining a defense verdict for a student transportation company in a catastrophic personal injury case in Massachusetts Superior Court in May 2022. Michael has also argued numerous cases before the Massachusetts Supreme Judicial Court, Massachusetts Appeals Court, and First Circuit Court of Appeals. Over the last five years, Michael has been involved in resolving multiple high profile catastrophic personal injury and wrongful death cases that resulted in 8-figure settlements that were each among the largest settlements of the year in Massachusetts. Michael also regularly advises insurers on their coverage and extra contractual responsibilities. He has spoken at numerous professional seminars on risk transfer and insurance coverage issues.

Representative Experience

Representative Trial-Court Matters

• Wednor Montlouis and Nadia Montlouis as Personal Representatives of the Estate of Paul Montlouis v. Marjorie Jones and S.P. & R Transportation of N.H., Inc., Massachusetts Superior Court Middlesex County C.A. No. 1881-CV-02941 (May 4, 2022). Mike defended the driver of a school van that struck an 83-year old pedestrian in an intersection, resulting in catastrophic personal injuries. After a two-week trial, the jury returned a verdict for the defendants.
• Kimberly Frawley et al. v. Corolla Contracting, Inc., Massachusetts Superior Court Suffolk County C.A. No. 1984C3482 (2020). Defended roofing contractor whose crane knocked a metal railing off the roof of a six-story building striking a woman who was walking on the street below in the North End of Boston. The case received significant media attention. Also assisted in representing the contractor in OSHA investigation and before the Boston Inspectional Services Department. The case was resolved in a confidential out-of-court settlement.
• Steven A. Milligan, as Parent and Guardian Over Derek Milligan v. Stateside Construction Group, Inc., Massachusetts Superior Court Essex County C.A. No. 1977CV001379D (2018).  Defended general contractor in catastrophic-personal injury claim of a mason who fell 29 feet from staging on a construction project. The case was resolved in a confidential out-of-court settlement.
• New York University, et al. v. Turner Construction Company, New York Supreme Court Index No. 653535 (2021). Representing excess insurer for Turner Construction Company in connection with underlying action against general contractor for more than $1 billion in alleged property damage due to flooding from Hurricane Sandy of the NYU Langone Medical Center in New York City.
• In Re Champlain Towers South Collapse Litigation, Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Complex Business Litigation Division, Case No. 2021-015089-CA-01. Mike represents an insurer for the general contractor in connection with the catastrophic collapse of the Champlain Towers South condominium building that resulted in 98 fatalities.
• City of Lynn v. Albanese Brothers, Inc., et al., Massachusetts Superior Court Essex County C.A. No. 0577CV00374 (2005). Defended dynamic compaction contractor in a construction-defect claim against a number of defendants, alleging that Lynn Classical High School was sinking because concrete slab on first floor was not properly supported by steeling pilings.  The case was resolved in a multi-million dollar settlement.
• George B.H. Macomber Co. v. Acadia Ins. Co., Massachusetts Superior Court C.A. No. 09-01378 (2009). Defended insurer in declaratory judgment action brought by general contractor in regards to eight underlying actions arising from collapse of mast-climbing platform at a construction project at the Piano Row Residence Hall at Emerson College in Boston, Massachusetts. The incident resulted in three fatalities, three groups of personal injury plaintiffs, and two property damage claims.
• Jacob Toomey, et al. v. Nadeau Corporation, Massachusetts Superior Court Worcester County C.A. No. 18-0196-D (2018). Defended general contractor in catastrophic-personal injury claim by roofer who fell 30 feet from roof during construction project.  The case was resolved in a confidential out-of-court settlement.
• Rosalind S. Amaral, Individually and as Personal Representative of Estate of Anthony W. Kishfy, Massachusetts Superior Court C.A. No. 1773-CV-00930 (2019). Defended contractor in a wrongful death case involving fatality of a motorcyclist from a truck accident. The case was resolved in a confidential out-of-court settlement.
• Erickson v. Johnson Controls, Inc., U.S.D.C. for D. Mass 11-10701-NMG (2011). Defended HVAC contractor in claim by rigger who was injured when he was struck by an air-conditioning unit that fell from a crane. The case was resolved in a confidential out-of-court settlement.
• Tammy Whitney, Personal Representative of Estate of Joseph Wormwood v. SK Condos, LLC, et al., Massachusetts Superior Court C.A. No. 12-04076-B (2012). Defended general contractor in wrongful-death case involving a laborer who fell from a ladder on jobsite.
• Cintra v. Law Office of Dane M. Shulman, Massachusetts Superior Court Suffolk C.A. No. SUCV2006-02267 (2011). Defended attorney from legal malpractice action. Tried to a jury verdict for plaintiff with a damages award favorable to defendant.
• Patrick Riggs v. Alexandra Construction, et al., Massachusetts Superior Court Middlesex County C.A. No. 03-CV-02010. Defended general contractor from claim by injured welder who fell 25 feet onto cement floor. Tried to a jury verdict for defendant.
• Tedeman v. Boston Higashi School, et al., Massachusetts Superior Court Suffolk County C.A. No. 0284CV01545 (2008). Defended private school for autistic children and its administrators from claim that an autistic child had been physically abused. Tried to a jury verdict for the plaintiff after an 8-week trial.
• Foley v. Beaver Builders, Ltd., Massachusetts Superior Court Middlesex County C.A. No. 81CV01313 (2000). Defended general contractor from claim by a roofer who alleged a head injury from a fall down a 20-foot industrial staircase. Tried to a jury verdict for defendant. Noted by Massachusetts Lawyers Weekly as one of biggest defense wins of 2002.
• Bik v. Del-West, Massachusetts Superior Court Essex County C.A. No. 977CV00416 (2001). Defended manufacturer in product liability case by worker who reached into manufacturing equipment and suffered severe crush injury to hand. Tried to a jury verdict for defendant. Recognized by Massachusetts Lawyers Weekly as a notable defense verdict for 2001.
• Gilberto Cardenas v. Samtan Engineering Corp. Represented sheet-metal fabricator in connection with OSHA investigation and potential Section 28 workers’ compensation claim against the employer arising from accident with an unguarded machine blade, resulting in severe hand laceration and amputation of thumb and index finger.

Risk-Transfer Experience

• Extensive experience representing insurers and contractors in contractual indemnity and additional insured risk-transfer disputes arising from construction accidents and faulty workmanship claims, including disputes over priority of coverage.
• Presented at multiple professional conferences to insurers and construction companies on risk-transfer issues arising from construction accidents and claims.

Reported Decisions

• Robinson Green Beretta Corporation, et al. v. Adler Pollock & Sheehan P.C., et al., 2022 Mass.App. Unpub. LEXIS 255, 100 Mass.App.Ct. 1132 (April 8, 2022). Represented the defendants, a law firm and one of its attorneys, in a legal malpractice case arising from a dispute over the transfer of shares of a closely held corporation. After receiving a judgment of dismissal for the defendants in the trial court, the judgment was affirmed by the Appeals Court. The plaintiff’s application for further appellate review was denied by the Massachusetts Supreme Judicial Court.
• Holyoke Mut. Ins. Co. in Salem v. Vibram USA, Inc., 480 Mass. 480 (2018). Mike represented insurer before the Massachusetts Supreme Judicial Court in this insurance-coverage case arising from claim against shoe manufacturer by heirs of late, famed marathon runner Abebe Bikila for improperly using the name “Bikila” to advertise running shoes.
• Doe v. Harbor Schools, Inc., 446 Mass. 245 (2006). Michael argued before the Massachusetts Supreme Judicial Court, and was successful in getting the Appeals Court’s decision reversed and affirming a grant of summary judgment for the client. The decision set a precedent in the Commonwealth on the operation of the statute of limitations in breach of fiduciary duty cases.
• Swarovski Aktiengesellschaft v. Building #19, Inc.  704 F.3d 44 (2013). Michael authored the brief for Building #19 in this Lanham Act and trademark infringement case before the First Circuit Court of Appeals. Swarovski alleged trademark infringement over Building #19’s use of “Swarovski” trademark in newspaper advertisements. The First Circuit reversed the preliminary injunction against Building #19.
• Klairmont v. Gainsboro Restaurant, Inc., 465 Mass. 165 (2013). Michael authored an amicus curiae brief for the MassDLA in this wrongful death case in which the SJC held that a violation of the building code is not a per se violation of G.L. c. 93A.
• First Marblehead Corp. v. House, 541 F.3d 36 (1^st Cir. 2008). After successfully trying this case in the United States District Court for the District of Massachusetts, Michael authored the appeal before the First Circuit, in which the underlying judgment and jury verdict were affirmed. The client, a publicly traded company in the student-loan business, was sued by a former employee for allegedly denying him the right to exercise stock options worth more than $8 million.
• Leavitt v. Brockton Hospital, Inc., 454 Mass. 37 (2009). Michael authored an amicus curiae brief for the Massachusetts Defense Lawyers Association. In adopting the position advocated by the client, the Massachusetts Supreme Judicial Court limited the potential tort liability of medical providers to nonpatient third parties.
• Kelly v. OE Plus, Ltd., 69 Mass.App.Ct. 1105 (2007), review denied 449 Mass. 1109 (2007). Michael authored the brief in this double wrongful-death case before the Massachusetts Appeals Court. The court affirmed a grant of summary judgment for the client.
• United States Fire Ins. v. Peerless Ins., 18 Mass. L. Rptr. 64 (Middlesex Super. Ct. June 15, 2004)(Brassard, J.). Michael was successful in defeating the defendant’s motion for summary judgment in this case involving equitable contribution rights among insurers. The court’s decision addressed a number of insurance coverage questions not previously considered by Massachusetts courts.
• Clean Harbors Envtl. Servs. v. Boston Basement Techs., Inc., 75 Mass. App. Ct. 709 (2009). Michael authored the brief for the insurer in this appeal of a coverage issue concerning the application of the pollution exclusion to a claim for reimbursement of costs of cleaning up a home-heating-oil spill. The court held that certain cleanup costs could fall within a common-law property exception to the exclusion when they constitute a reasonable and appropriate recovery at common law, an issue not previously decided under Massachusetts law.

Multi-Million Dollar Settlements

• Represented one of multiple-insurers in coverage dispute in medical malpractice case against testing laboratory over false-negative test result of a plaintiff who was later diagnosed with advanced cancer. Case was resolved in a settlement for $14,000,000.
• Represented stone and gravel company in maritime products liability case brought in state and federal court by a plaintiff who was working on the crew of a tugboat when he suffered a double-leg amputation injury as a result of an accident involving two deck barges. Case was resolved in a multi-party settlement for $22,500,000.
• Represented distributor of traffic control equipment on insurance coverage issues in connection with a multi-party action brought by a plaintiff who suffered a single-leg amputation and paraplegia as result of a motor vehicle accident with a tractor-trailer. The case was resolved in a multi-party settlement for $24,750,000.
• Represented primary and excess insurers in connection with underlying state and federal lawsuits relating to conditions at a housing development, which resulted in an underlying settlement of $18,750,000.

Recognition and Awards

• Listed, The Best Lawyers in America®
  • Commercial Litigation, 2014–2024
  • Insurance Law, 2014–2024
• Selected, Massachusetts Super Lawyers List, 2016, 2021, 2022, and 2023
• Named, Boston magazine, Top Lawyers, Civil Litigation/Defense, 2021-2023
• Martindale-Hubbell – Rated AV Preeminent®, 5.0 out of 5.0 and the highest rating available, 2005–2023
• AVVO – Rated 10/10, “Superb” and the highest rating available, 2016
• Selected, Massachusetts Rising Stars List, 2005

Professional and Community Involvement

• President (2015–2016); Director (2010–2015), Massachusetts Defense Lawyers Association
• Member, DRI, The Voice of the Defense Bar
• Member, USLAW Network, Inc., 2011–present