Profile
ANDREW C. OATWAY is the President and managing attorney at Morisi & Oatway, P.C. Mr. Oatway's practice focuses on business and real estate litigation. Attorney Oatway represents businesses and individuals negotiating and litigating commercial disputes, in court and in arbitrations, involving closely held corporations and partnerships, general employment, departing employee, non-compete and trade secrets, contract, construction, fraudulent conveyance, business torts, and Chapter 93A. Attorney Oatway represents developers, condominium associations, management companies, business, and individuals in negotiating and litigation real estate disputes, in court and in arbitrations, including specific performance and real estate contracts, joint ventures, easements and boundary disputes, adverse possession, zoning appeals, commercial leases, construction defects, and condominium-related matters. Attorney Oatway is also admitted to practice law in the State of Connecticut and the Federal District Courts of Massachusetts and Connecticut. Attorney Oatway has been practicing law since 1992. A graduate of the University of Notre Dame in 1987, Attorney Oatway obtained his J.D. from Boston College Law School in 1992. Attorney Oatway was a member of the Boston College Administrative Law Moot Court team. Attorney Oatway was co-counsel for the plaintiffs in Urman v. South Boston Savings Bank, 424 Mass. 165 (1997), in which the SJC addressed the Chapter 93A liability of a commercial seller of real estate who failed to disclose material facts regarding hazardous waste on an adjacent parcel of real estate. Attorney Oatway was co-counsel for the plaintiffs in First Enterprises, Ltd. v. Cooper, 425 Mass. 344 (1997) in which the SJC addressed the scope of the trade or commerce requirement of c. 93A. Attorney Oatway was trial counsel for Valenti v. Lubin & Meyer, P.C., et al., a $6.25 million plaintiffs' verdict in a legal malpractice case brought in the United States District Court in Boston. The Valenti case was reported to be the largest legal malpractice verdict in Massachusetts and it was one of the top five verdicts in Massachusetts in 1998. In 2008, Attorney Oatway was trial counsel and obtained a $750,000 jury verdict on a counterclaim leading to an approximately $1,300,000 judgment in the Norfolk County Superior Court in Granite Telecommunications, LLC v. Patrick Nee, involving Granite's breach of its agreement to furnish equity in the start up business to one of its founding employees. Attorney Oatway has previously lectured several times regarding condominium law for Community Associations Institute and has served as a faculty member and lecturer for MCLE's Condominium Litigation and Real Estate Broker Litigation programs. In 2008, Attorney Oatway was named as a Massachusetts Superlawyer, New England Superlawyer, and Superlawyer - Corporate Counsel and previously was named a Superlawyer Rising Star. This honor, which is bestowed on less than five percent of all eligible attorneys, reflects a high degree of peer recognition and professional achievement for attorneys. Attorney Oatway is a member of the Massachusetts Bar Association, Boston Bar Association, Norfolk County Bar Association, Quincy Bar Association, the Association for Justice (formerly Association of Trial Lawyers of America), Massachusetts Trial Lawyers, Community Associations Institute, where he served as chairperson of the Attorney's Committee for two years, and the Quincy Rotary Club. Attorney Oatway is active in fund-raising and oral advocacy programs for Boston College Law School, has served as a critiquer for the Boston College Law School Pretrial Litigation Course, and is a member of the Notre Dame Club of Boston. Attorney Oatway is the Chairperson and founder of the Michael V. Morisi Scholarship Fund, an endowed fund at Boston College providing scholarships for Boston College Law School students. Through an annual golf tournament fund raising event from 2001 to 2007, the fund raised over $150,000 and has provided $75,000 in scholarships to students through 2008. Attorney Oatway has coached South Shore Dynamos and Hingham Youth Hockey teams and is active in fitness, running, and road races. Attorney Oatway is an active golfer and member of Hatherly Country Club in N. Scituate, Massachusetts. Attorney Oatway lives in Hingham with his wife Catherine, their daughter Clare, and sons Harry, Colin and Finn.
About Andrew Oatway
Admitted: 1992, Massachusetts
Professional Webpage: www.morisi.com/attorney-profiles/#Andrew_C_Oatway
Other Outstanding Achievements:
- RESULTS FROM THE LITIGATION DEPARTMENT Morisi & Oatway, P.C.'s litigation attorneys have a demonstrable track record of successes both in court and out of court. Here are some of the recent results we've obtained for our clients. Trial and arbitration results.- Obtained a jury verdict and a seven figure judgment for an executive who was promised equity as an inducement to go to work for a start up telecommunications company. The executive has since been paid a confidential seven figure settlement. - Obtained a defense verdict in favor of a shareholder of a now defunct closely held corporation at a jury trial. Plaintiff brought claims for breach of contract, piercing the corporate veil, and violation of Chapter 93A. - Obtained a directed verdict for a commercial landlord after a three day jury trial. A tenant brought claims of sexual harassment, chapter 93A, breach of lease, and negligence against the landlord, claiming the landlord demanded sexual favors in exchange for obligations due under the lease. - Obtained a jury verdict in favor of a general contractor against a developer on claims to collect amounts due under a construction contract. Obtained and collected a $231,000 settlement for a plaintiff suing a lawyer for legal malpractice after winning a two week jury trial. - Obtained and collected a $100,000 award and defeated all counterclaims after a multi-day arbitration claim by a general contractor against the owners of a doctor's office building constructed by the general contractor. - Obtained an arbitration award of 100% of the unpaid additional rent claimed by a landlord against a defaulting commercial tenant. Litigation Results Obtained summary judgment in favor of a property owner against a real estate developer seeking to enforce an Offer to Purchase, thereby freeing the owner up to sell the property for in excess of $1Million dollars to another developer. In a second lawsuit brought by the same disgruntled developer against the property owner and the new buyer, won dismissal of claims and dissolution of a lis pendens that was interfering with the new buyer's ability to develop the property. - Won summary judgment for a building contractor being sued by its customer on a claim that the contractor was obligated to obtain insurance for the customer. This result was obtained in a wrongful death case brought by the widow of our client's employee, who died on the construction site. The owner failed to obtain his own insurance and is now facing potential multi-million dollar exposure in the wrongful death suit. - Obtained summary judgment in the Land Court allowing a property owner to use his house as a multi-family income property after an adverse determination by a zoning board of appeals. - Won a Probate Court lawsuit on a motion for summary judgment where plaintiff challenged a deed from the decedent to his grandchildren. The plaintiff, son of the decedent, alleged undue influence and lack of capacity. - Obtained dismissal of a claim for Adverse Possession of real property against a landowner and summary judgment on disputed title ownership claims. Won a dismissal of a probate court lawsuit seeking to remove executors brought by a disgruntled family member. - Obtained a judgment in favor of a homeowner against a home improvement contractor and double damages under G.L. c. 93A in a total sum over $100,000. - Obtained a Preliminary Injunction in favor of a Church to obtain control of the Church's property, bank accounts and identity against a rogue Pastor that took control of the Church. Obtained a preliminary injunction on behalf of a mortgage brokerage firm to enforce a noncompete agreement against a former employee in the Business Litigation Session. - Defeated an employer's attempt to obtain a preliminary injunction to enforce a noncompete agreement against a former produce salesperson in the Business Litigation Session. - Defeated an employer's attempt to obtain a preliminary injunction to enforce a noncompete agreement against an insurance broker in the Business Litigation Session. - Defeated a motion for a $1 million dollar attachment by a purchaser of commercial paper seeking to enforce a 19 year old guaranty. Negotiation and Litigation Avoidance Results - Negotiated a settlement for a high level executive employee of over $1 million for breach of contract and sexual harassment claims. - Obtained a confidential settlement for a group of over thirty courthouse clerks suing their attorney for malpractice after the attorney abandoned their sick building claims. - Obtained a $300,000 settlement for a condominium association with construction defect claims against the developer. - Negotiated a favorable buyout of a minority-shareholder of a closely held corporation where majority shareholders terminated minority shareholder's employment and immediately thereafter increased their compensation, giving rise to claims of freeze-out and breach of fiduciary duty. - Advised and negotiated on behalf of departing President from high tech business regarding severance, non-compete, and stock option issues. - Successfully defended a Professional Engineer facing loss or suspension of his license at the Board of Registration, resulting in dismissal of the matter without discipline. - Obtained a pre-lawsuit $85,000 settlement of a sexual harassment claim for a female advertising executive. - Settled potential high six figure copyright infringement claims concerning the use of unlicensed software for low five figure dollars. - On behalf of a business owner, settled a mid-six figure claim brought by an equipment lessor for low five figure dollars. - Obtained a $150,000 settlement for an heir of where family member fraudulently transferred the decedent's assets into his own name.