Terrance J. Hamilton specializes in professional and legal malpractice litigation, personal injury matters, and construction and surety law cases. He has extensive trial court experience in the state and federal courts and substantial appellate experience (over 40 reported decisions) before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the United States Court of Appeals for the First Circuit.

Previously, Terry served as counsel for the Massachusetts Consumers’ Council and was appointed a Special Assistant Attorney General. Subsequently, Terry served as General Counsel for the Massachusetts Executive Office of Consumer Affairs and Business Regulation and as Counsel for the Governor’s Special Commission on Racing.

Terry has served as a faculty member with Massachusetts Continuing Legal Education,  the Massachusetts Bar Association, Massachusetts Defense Lawyers Association and the Annual Meeting of Invited Attorneys. He is published in Cushman, Handling Fidelity, Surety, and Financial Risk Claims (Wiley & Sons, Inc., 1990) and, for several years, in the Annual Survey of Massachusetts Law.

Honors & Awards

• Premier Appellate Lawyers Featured Attorney Representing Boston, MA – 2022
• Recognized annually as a Super Lawyer® by Boston Magazine.

Admissions

Terry is a member of the bar of Massachusetts and is admitted to practice in the United States District Court for the District of Massachusetts and United States Court of Appeals, for the First Circuit.

Education

Terry was awarded a B.S. degree in geology and geophysics from Boston College and his Juris Doctorate from Boston College Law School

Significant Appellate And Trail Court Decisions

Federal Courts:

• Belanger v. BNY Mellon Asset Management, LLC, 307 F.R.D. 55 (D. Mass. 2015); (dismissal for failure to comply with the pleading rules of civil procedure).
• Kimmel & Silverman, P.C. v. Porro, 53 F.Supp.3d 325 (D. Mass. 2014); (absolute litigation privilege).

State Courts:

• Massachusetts Insurers Insolvency Fund v. Smith, 458 Mass. 561 (2010); (establishing MIIF’s statutory policy limits as applicable to each individual claim).
• Lyon v. Duffy, 77 Mass. App. Ct. 860 (2010); (establishing that an order of conditions does not constitute an encumbrance on real property).
• Melrose Housing Authority v. New Hampshire Ins. Co., 402 Mass. 27 (1988); (construction defects not inherently unknowable under statute of limitations).
• Milligan v. Tibbetts Engineering Corp., 391 Mass. 364 (1984); (establishing road projects as improvements to real property under the statute of repose).

Other Reported Cases:

• Belanger v. BNY Mellon Asset Management, LLC, 2015 WL 3407827 (D. Mass. 2015); (dismissal for failure to comply with the pleading rules of civil procedure).
• Adams v. Montague, 2015 WL 1292402 (D. Mass. 2015) (dispositive motions).
• Kimmel & Silverman, P.C v. Porro, 2014 WL 3019762 (D. Mass. 2014) ) (motion to strike affidavit).
• Adams v. Montague, 2014 WL 6678491 (D. Mass. 2014) (preliminary injunction).
• Kimmel & Silverman, P.C. v. Porro, 969 F.Supp.2d 46 (D. Mass. 2013) (judgment on the pleadings).
• DeWolfe v. Hingham Centre, Ltd., 464 Mass. 795 (2013) (real estate broker liability).
• Kimmel & Silverman, P.C. v. Porro, 2012 WL 1067646 (D. Mass. 2012) (motion to dismiss).
• DeWolfe v. Hingham Centre, Ltd., 80 Mass. App. Ct. 795 (2011) (real estate broker liability).
• Harrison v. Roncone, 447 Mass. 1001 (2006) (extraordinary appellate review).
• Wickstrom v. Castonguay, 2001 Mass. App. Div. 220 (District Court appellate procedure).
• In re PTP, Inc., 1999 WL 35128693 (B.A.P. 1st Cir. 1999) (relief from judgment).
• Littman v. Walgreen Eastern Co., 1998 WL 812399 (D. Mass. 1998) (motion to quash).
• Turner v. Thomas K. Dyer, Inc., 41 Mass. App. Ct. 704 (1996) (worker’s compensation; Hunter offset).
• Hultin v. Francis Harvey & Sons, Inc., 40 Mass. App. Ct. 692 (1996) (worker’s compensation lien).
• CNA Ins. Companies, Inc. v. Semedo-Anacleto, 39 Mass. App. Ct. 271 (1995) (Insurers Insolvency Fund; worker’s compensation lien).
• Williams v. Monarch Mach. Tool Co., Inc., 26 F.3d 228 1st Cir. (1994) (expert testimony).
• Aetna Cas. & Sur. Co. v. Continental Cas. Co., 413 Mass. 730 (1992) (“other insurance” clauses).
• Kelly v. Sears, Roebuck and Co., 978 F.2d 1253 (1st Cir. 1992) (motion for new trial).
• Simmons v. Monarch Mach. Tool Co., Inc., 413 Mass. 205 (1992) (product liability).
• Blake v. Avedikian, 412 Mass. 481 (1992) (medical malpractice tribunal).
• Gaeta v. National Fire Ins. Co. of Hartford, 410 Mass. 592 (1991) (Insurers Insolvency Fund).
• Kelly v. Sears, Roebuck and Co., 1991 WL 40347 (D. Mass. 1991) (summary judgment).
• Continental Cas. Co. v. Canadian Universal Ins. Co., 924 F.2d 370 (1st Cir. 1991) (insurance).
• Watson v. Salvoni, 27 Mass. App. Ct. 735 (1989) (parental liability; negligent entrustment).
• Wood v. Jaeger-Sykes, Inc., 27 Mass. App. Ct. 199 (1989) (statutory construction).
• Morillo v. Clippard Instrument Laboratories, Inc., 27 Mass. App. Ct (1989) (product liability).
• Melrose Housing Authority v. New Hampshire Ins. Co., 24 Mass. App. Ct. 207 (1987) (statute of limitations).

Casner & Edwards, LLP

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