Your business deserves smooth sailing.

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Unsurpassed expertise. Unrivaled compassion. Relentless focus on achieving the best possible outcome. This is our approach.

TOMLINSON|LAW provides first rate, client-centered litigation and legal counseling services to individuals and businesses engaged in a broad range of industries, including automotive, banking, construction, commercial real estate and development, entertainment, high technology, hospitality, land use and permitting, manufacturing, medical, dental and other professional services, and catastrophic personal injury.

TOMLINSON|LAW understands that the most effective way to help our clients meet the unique and evolving legal, financial and regulatory challenges they face on a daily basis is for us to gain an in-depth understanding and appreciation for the industries our clients serve. We take a personalized approach to our practice because there is nothing more important than achieving the best possible result for our clients.

Our People

Boston Cape Cod Attorney Ray Tomlinson picture

RAYMOND H. TOMLINSON, JR.
Principal
Phone: 508.348.9030
Fax: 508.422.0930
Email: rht@tomlinsonlaw.com
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Ray Tomlinson is the principal of Tomlinson|Law. After practicing for many years with highly-regarded national and regional firms in Boston, Ray returned to Cape Cod in 2012 to establish his own firm and raise a family.

Ray has represented Fortune 100 corporations, major insurers, small and medium-sized, closely-held and family-owned businesses and individuals, and specializes in litigating and resolving complex commercial disputes through bench and jury trials and appeals in both state and federal court, as well as various methods of alternative dispute resolution, including arbitration, mediation and negotiated settlement.

Before practicing law, Ray served for many years in municipal government and local and regional land use planning, and is able to bring keen insight into all phases of municipal law and real estate development. Ray routinely represents developers, investors, lenders and owners of commercial and residential property, including mixed-use developments, shopping centers, hotels, office buildings, condominium properties and manufacturing facilities. Ray's commercial real estate practice includes master plan and zoning amendments, amendments to local government comprehensive plans, site plan and zoning approvals, subdivision and plat approvals, land use and environmental permitting with state, regional and local permitting authorities including the Cape Cod Commission and Boston Redevelopment Authority, Development of Regional Impact review, and building code compliance. Ray also counsels clients with financial transactions and workouts.

Ray is a graduate of the University of Vermont (B.S., economics and natural resources) and a graduate of Vermont Law School (J.D.), where he served as managing editor of the Vermont Law Review. Ray practices before all state and federal courts in Massachusetts.

Ray is a licensed race car driver and enjoys building road race cars and instructing at teen, winter driving and high performance driver education events. Ray and his wife Laura live in East Sandwich with their two boys, Jack and Henry, and an adopted German Shepherd, Gigi.

Admissions:
United States Court of Appeals for the First Circuit
United States District Court for the District of Massachusetts
Massachusetts Supreme Judicial Court
Massachusetts Appeals Court

Professional Affiliations:
Massachusetts Bar Association
Boston Bar Association
Massachusetts Defense Lawyers Association
Defense Research Institute

Reported Decisions:

Accutrax, LLC v. Michael Kildevaeld, et al., 140 F.Supp.3d 168 (D. Mass. 2015) and 1472CV00554 (Barnstable Sup. Ct.). Heralded by Massachusetts Lawyers Weekly as one of the "Most Important Opinions" of 2015, this matter involves a dispute over ownership of a patent. Michael Kildevaeld invented and holds a patent on a composite marking blade that can be configured for a variety of uses in the building trades, including a mechanical pencil, carpenter's pencil or a utility knife. Kildevaeld's "pencil blade" invention launched in 2013 and commanded immediate attention from retailers and manufacturers alike when it received the 2013 Handy Magazine Innovation Award. After negotiations stalled with Home Depot and Stanley Black & Decker over ownership of Kildevaeld's patent, Accutrax, LLC, of which Kildevaeld is a member, brought suit in state court. Accutrax alleged that Kildevaeld breached an "agreement" --arising out of a self-serving email to which Kildevaeld never responded -- to assign his (then provisional) patent to Accutrax. Accutrax, as the purported assignee and "owner" of the patent, sought an injunction and order compelling specific performance and Kildevaeld's assignment of his patent to Accutrax. After filing, the parties engaged in settlement discussions. Prior to Kildevaeld's filing of a responsive pleading in the state court action, the USPTO issued the patent, whereupon Kildevaeld counterclaimed for patent infringement, misappropriation and unfair competition, and filed third party claims against Accutrax's other members and their other companies, which were then commercializing Kildevaeld's pencil blade as well as other products the other members "agreed" to assign to Accutrax. Kildevaeld removed to federal court, which ultimately determined that Kildevaeld's removal was untimely as it did not occur within 30 days of the issuance of his patent. Accutrax's victory was short-lived, however. Upon remand, the state court denied Accutrax's efforts to dismiss Kildevaeld's counterclaims and third party claims and the matter was resolved with Mr. Kildevaeld retaining ownership of his patents and earning royalties through an exclusive licensing agreement.

Lisa Klairmont and Michael Freeman, M.D., as Administrators of the Estate of Jacob S. Freeman v. Gainsboro Restaurant, Inc. d/b/a Our House East and Holli P. Vara and Franklin E. Melgar, as they are Trustees of the 50-58 Gainsborough Street Realty Trust, SUCV2007-05373, rev’d in part, 465 Mass. 165 (2013). Following a successful appeal, obtained favorable settlement, paid by insurers, of highly controversial and “uninsured” G.L. c. 93A treble damage award valued at $12.3 million against defendants for building code and license violations at Back Bay restaurant and bar following no-causation jury verdict in underlying wrongful death action.

James W. Trenz, Trustee, Century West Real Estate Trust v. Family Dollar Stores of Mass., Inc., 73 Mass.App.Ct. 610 (2009). Matter of first impression concerning appealability of partial summary judgment in consolidated cases where other consolidated claims remain pending.

Forrest Pettengill v. Boy Scouts of America, et al., 584 F.Supp.2d 348 (D.Mass. 2008). Obtained dismissal on behalf of Boy Scouts of America executives for lack of personal jurisdiction in matter involving allegations of sexual abuse by assistant scoutmaster.

Significant Representations:

Represented real estate developer of 1.1 million square foot historic mill against claims by Monster.com for breaches of lease, including claims for liability for $3.8 million in unpaid electrical charges improperly billed to other tenants.

Represented commercial landlord in historic building in Salem against defaulting restaurant tenant for unauthorized demolition and build out of demised space, breaches of lease and nonpayment of $295,000 promissory note. Successfully obtained insurance coverage for advertising injury and property damage, resulting in favorable settlement during two-week trial including eviction of tenant and unwinding sale of restaurant assets.

Obtained pre-judgment dismissal of $2.1 million in damages claims against New York national bank for alleged involvement in fraudulent scheme by bank’s borrower to defraud borrower’s trade creditor.

Obtained favorable settlement during jury trial of action by trustee and beneficiary of real estate trust involving fraudulent transfer of $300,000 in corporate stock, breach of fiduciary duty and unlawful dissolution of $1.2 million real estate trust.

Represented natural gas public utility in underground utility, fire explosion, construction and product liability matters.

Defended manufacturer of emergency apparatus vehicles accused of manufacturing inherently dangerous products causing injury to firefighters.

Served as national and regional counsel for Fortune 100 manufacturers in wrongful death, medical device, product liability and toxic tort litigation.

Your business deserves smooth sailing.

Our Approach

Our People

Practice Areas

Architect & Engineer Liability

Automotive

Banking & Financial Services

Business Law / Corporate & Partnership Litigation

Construction Defect

Consumer Protection - M.G.L. c. 93A

Environmental Liability

Insurance Coverage & "Bad Faith" - M.G.L. c. 176D

Labor & Employment

Land Use, Development, Permitting & Zoning

Hospitality, Restaurant & Liquor Liability

Personal Injury

Premises Liability

Product Liability

Real Estate & Finance

Recreational Liability

Technology

Transportation

Utility Law

Businesses We've Helped

Kenmore Management, Inc.

KentCo Properties, Inc.

Northern European Automotive, Inc.

Wellesley Rosewood Maynard Mills, L.P.

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