Tory is a partner working out of both the Boston and Springfield offices. He joined Morrison Mahoney LLP in 1994 and has a diversified appellate and trial practice in a variety of areas including Commercial and Professional liability and has argued before the First Circuit Court of Appeals, the Massachusetts Appeals Court, and the Supreme Judicial Court.
Tory's experience includes representing directors and officers and professionals including physicians, hospitals and practice groups, and other health care providers. He has litigated and counseled as to employment disputes, Bivens and civil rights actions, civil RICO, business tort and contractual disputes, aviation, life sciences, and copyright and trademark matters as well as represented insurers in insurance practice claims and litigation. Tory lectures on appellate practice and authored a number of publications. He is the Editor of the MA Appellate Practice and Procedure Bulletin and Co-Editor of the Aviation Update Newsletter.
Tory is a former law clerk and deputy chief law clerk to the Justices of the Massachusetts Superior Court as well as a law clerk for the Chief Justice of the Massachusetts Appeals Court (Hon. John M. Greaney).
Representative Experience
- Successfully represented major medical malpractice insurer at trial and on appeal in bad faith insurance practice action and claim seeking substantial damages
- Successfully tried to verdict a number of high exposure medical cases to verdict in a variety of medical specialties including having obtained a recent defense verdict on behalf of a general surgeon in a wrongful death claim
- Successfully represented a leading international manufacturer of scientific equipment in Lanham Act litigation
- Successfully represented national insurer on appeal in large exposure Medicare claim
- Successfully represented a national professional medical society in a high profile business tort and breach of contract claim and dispute
- Successfully represented and advised individual independent contractor to a large international medical device manufacturer in a termination, breach of contract and wage complaint litigation
- Successfully represented and defended FBI Regional supervisor in multi-million dollar Bivens action in Federal Court
- Successfully represented national home goods company on appeal in employment discrimination claim
- Successfully briefed and argued numerous appellate matters before state and federal appellate courts
Publications
- "Functional imparity, limits of inherent powers: the right to a jury of 12 in the Superior Court," Massachusetts Lawyers Weekly (2021)
- “No Waif in the Wilderness:” Contractual Doctrine and the “Self” Versus “State” Imposed Obligation,” Journal of Air Law and Commerce SMU (2021)
- "The Wrongful Demise of But For Causation," Western New England Law Review (2019)
- "Promissory Estoppel’s Avoidance of Injustice and Measure of Damages: The Final Frontier," Suffolk Journal of Trial & Appellate Advocacy Vol 23 p 1 (2018)
- “Appeals Court Says Insurer Can Settle Without Doc's Consent,” Law 360 (2017)
- “The Right to Settle Versus the Duty to Appeal,” Legal Dimensions, The Standard (2016)
- “Duty, Causation and Palsgraf: Massachusetts and the Restatement (Third) of Torts,” Massachusetts Law Review Vol. 96 (2015)
- “Discretionary Interlocutory Appeals Under 28 U.S.C. 1292(B): A First Circuit Survey and Review,” Roger Williams University Law Review (2014)
- “Raise or Lose: Appellate Discretion and Principled Decision Making,” Suffolk Journal of Trial & Appellate Advocacy Vol 22 page 179 (2012)
- “Lost Chances, Felt Necessities, and the Tale of Two Cities,” Suffolk University Law Review (2010)
Speaking Engagements
- "Legislative/Litigation Trends in Privacy & Cybersecurity Law,” Lawline Data Breach & Privacy CLE Event, August 2019
- "Authorization to Practice: A Legal Case Study," Massachusetts EMS Conference (2017)
Memberships
- American Law Institute
- Massachusetts Bar Association
- American Bar Association’s Appellate Practice Subcommittee
- International Association of Defense Counsel
Honors & Awards
- 2022 BTI Client Service All-Star, BTI Consulting Group (2022)
- “Lawyer of the Year,” Massachusetts Lawyers Weekly (2022)
- Elected by his peers to The Best Lawyers in America© Commercial Litigation guide (2019-2023)
- Selected to the Massachusetts Super Lawyers magazine (2016-2018)