Berish v. Bornstein

• First National Bank of Boston v. Bellotti
  435 U.S. 765 (1978) » This was a case challenging the Massachusetts statute prohibiting corporations from expending money to influence referendum issues. The case raised the question of whether corporations have First Amendment rights. Mr. Schultz wrote the Commonwealth's brief in the United...
• Jones v. Saikewicz
  373 Mass. 728 (1977) » This was the first Massachusetts case and the second major case in the nation discussing whether an incompetent person has a right to die. Mr. Schultz represented the Commonwealth of Massachusetts, arguing that Mr. Saikewicz should be given chemotherapy and not allowed...
• Lawless v. Romanoff
  Massachusetts Superior Court » This was a case brought by a bankruptcy court judge challenging a jury selection system in which no-one, including judges, was entitled to be excused from jury duty because of the nature of their employment. Specifically, the bankruptcy court judge challenged M...
• Plymouth County Nuclear Information Committee v. Energy Facilities Siting Council
  374 Mass. 236 (1978) » This was a case in which plaintiff sought to overturn the Energy Facilities Siting Council's decision that it did not have jurisdiction to review the propriety of Boston Edison's intention to build a nuclear power plant. Mr. Schultz successfully defended the Energy Fac...
• Rogers v. Mills
  478 F. Supp. 1342 (D. Mass. 1979), 634 F.2d 650 (1st Cir. 1980), 457 U.S. 291 (1982) » This was a civil rights and malpractice case in which seven mental patients sued fourteen doctors for alleged wrongful use of seclusion and forced medication. Stephen Schultz was lead counsel for the defen...
• Wampanoag Tribe of Gay Head v. Town of Gay Head
  Federal District Court » This was an action predicated on the Indian Non-Intercourse Act in which the Wampanoag Indians sought much of the land in the town of Gay Head on Martha’s Vineyard.  Stephen Schultz, while Administrative and Legal Counsel to the Massachusetts Attorney General re...

• Berish v. Bornstein
  Massachusetts Supreme Judicial Court » In this case, the firm represented the condominium association for the Cotuit Bay Condominiums, which sued the developer of the condominium project, relating to defective construction of the condominium. Engel & Schultz took over the case after it h...
• Cole v. Harvard University
  The firm successfully defended Harvard University in a case challenging on grounds of age and sex discrimination an administrative re-organization resulting in lay-offs at Harvard Medical School....
• Eisenman v. Ernst & Young
  The firm represented sixteen investors who sued Ernst & Young for millions of dollars of losses suffered as the result of the alleged negligent and fraudulent preparation of financial forecasts for six limited partnerships. The sixteen investors, who resided across the country, had lost their en...
• Listernick v. City of Newton
  This was a case brought by the neighbors to a synagogue challenging the granting of a building permit to allow a synagogue to build a new larger sanctuary. The firm represented Congregation Shaarei Tafilah, a synagogue, which sought to expand its sanctuary, which was located in a residential neighbo...
• Peterson v. Commissioner of Revenue
  The law firm challenged the constitutionality of a law which increased the tax on capital gains in the middle of a tax year. After three years, two wins in the Massachusetts Supreme Judicial Court, and a successful lobbying effort, the Massachusetts General Court changed the effective date of the in...
• Sievers v. Brigham and Women's Hospital
  The firm represented Tatiana Sievers, a Project Manager in the Department of Medicine at Brigham and Women's Hospital. Ms. Sievers was terminated while on Family and Medical Leave taken because of her pregnancy. The Hospital claimed Ms. Sievers was terminated as the result of the Hospital's loss of ...
• Stone v. City of Lynn
  The firm represented Harold and Iris Stone who sued the City of Lynn and the City’s Planning Director Kevin Geaney for blocking all efforts by the Stones to sell their property for any use other than a condominium development which the City wished to build as part of a public improvement for its w...
• White v. R.M. Packer Co.
  The firm represents nine homeowners and businesses on Martha's Vineyard, sueing four gas stations for price fixing and price gouging on the island of Martha's Vineyard. In the suit, plaintiffs challenge the decade long practice of charging consumers over  60 cents/gallon more than gasoline  is be...