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Warren Hutchison and Jeffrey Hallahan were featured as a Notable Defense Win in Massachusetts Lawyers Weekly's "The Biggest Defense Wins of the Year"Caldwell Tanks, Inc. v. Tnemec Company, Inc., et al. The plaintiff, who accused a paint manufacturer, its representative, an engineering firm and a paint inspection company of negligence, breach of contract and warranty, and negligent and fraudulent concealment and misrepresentation, could not recover for damages to a water storage tank after evidence showed that no misrepresentations had been made by the defendants. The plaintiff argued that the paint provided by the paint manufacturer for the water storage tank was defective and caused mill scale buildup, and that statements made about the defective paint by the paint manufacturer were false. However, defense attorneys Paul Michienzie, Martin L. Legg, John C. Barker, Warren D. Hutchison and Jeffrey W. Hallahan of Boston; and John F. Folan of New Bedford were able to establish that no misrepresentations had been made by the defendant paint manufacturer. A U.S. District Court nine-member jury in Boston rejected the plaintiff's demand of $1.3 million and instead returned a unanimous verdict for all defendants on all claims. The defendant engineering firm was awarded $175,000 on a counterclaim based on contractual indemnity.
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