James Messenger

Partner

Weil, Gotshal & Manges LLP

Current

Current

Lowell School Committee v. Vong Oung, et al.In a major pro bono case, Mr. Messenger represented several non-native speaking tenured teachers from Lowell who were terminated for alleged lack of fluency after the passage of the so-called Question Two - a referendum question that required most public school classes to be taught in English. In 2003, Lowell implemented a process to test teachers for fluency in English. Although DOE regulations required that all teachers be fluent in English, Lowell only tested non-native speaking teachers. Further, contrary to state policy, Lowell did not use observation or interview as a means of assessing English fluency. Mr. Messenger challenged the terminations on the grounds that they violated the teachers’ constitutional and statutory rights, and on the grounds that Lowell’s policy was not consistent with DOE guidelines. After a ten day arbitration, the Arbitrator determined that the terminations were without just cause and reinstated the teachers with back pay, full seniority rights, healthcare benefits and pension benefits as if they had never been terminated. The Arbitrator found that Lowell’s policy for determining fluency discriminated against non-native speaking teachers and the that teachers’ constitutional rights were violated. Wausau v. Marsh USA, et al.Lead counsel representing Marsh USA in winning dismissal of a fraud claim asserted by Wausau against Marsh. Wausau sought millions of dollars of damages against Marsh in connection with unpaid premiums. Mr. Messenger wrote the motion to dismiss brief and argued on behalf of Marsh and all other defendants. The motion to dismiss was granted in November 2003 dismissing all of Wausau’s claims against Marsh and the other brokers. 

Current

Beverage Realty, Inc. v. Chatham Club LLCMr. Messenger represented Beverage in a breach of contract claim against Chatham and in defense of Chatham’s breach of contract counterclaim. Mr. Messenger successfully moved for summary judgment on Beverage’s claims against Chatham and knocked out half of Chatham’s counterclaims against Beverage in connection with summary judgment motions  After Mr. Messenger filed a motion in limine which would have effectively terminated the case, Chatham essentially stopped prosecuting its counterclaims, and the Court entered final judgment dismissing all of Chatham’s counterclaims with prejudice.  Summit v. SechristMr. Messenger represented Summit against Sechrist Industries in seeking to enforce a put and call agreement. In connection with that action, Sechrist filed breach of contract and breach of fiduciary claims against Summit. Mr. Messenger wrote a motion to dismiss and argued the motion in front of the Delaware Chancery Court and was successful in having all of Sechrist’s claims against Summit dismissed on a motion to dismiss. Summit later achieved a highly favorable settlement on its affirmative claims against Sechrist.  Pittston v. Sedgwick JamesMr. Messenger represented Sedgwick James in connection with claims brought by Pittston for uninsured losses at an oil terminal facility in New Jersey. Mr. Messenger drafted a successful motion for summary judgment disposing of all claims Pittston brought against Sedgwick James. Mr. Messenger then wrote the appellate brief and argued the appeal in the Third Circuit. The case was settled after oral argument but before the decision by the Third Circuit.   Picker International v. Imaging Equipment Services, Inc.Mr. Messenger represented Picker in trade secret claims against Imaging and defense of Imaging’s antitrust claims against Picker. Mr. Messenger was extensively involved in drafting a successful summary judgment motion dismissing all of Imaging’s nine counts against Picker.  Mr. Messenger was then co-counsel in connection with Picker’s trade secret and copyright claims against Imaging and prevailed in a 9-day trial in federal court in Massachusetts. Mr. Messenger later took the lead in drafting the Appeals Court brief and argued in front of the First Circuit. The First Circuit upheld the district court’s verdict in favor of Picker.

Suffolk University

J.D.

1985

Boston University

B.A.

1979

Publication