Brian C. Newberry Partner [email protected] 617-406-4619 direct 617-406-4501 fax

Experience

Brian C. Newberry has represented a range of clients, large and small, in state and federal courts as well as in various alternative dispute resolution mediums. Brian concentrates his practice in cases involving shareholder disputes, business and tax litigation, architect and engineer liability, accounting and legal malpractice, insurance defense and class action suits.

Brian’s accomplishments include representing the winning plaintiff in a breach of contract action labeled one of the five most significant verdicts of the year for 2002 by Rhode Island Lawyer’s Weekly. He was also lead counsel for the plaintiff in a business dispute which resulted in the second highest jury verdict of the year in Rhode Island in 2003.

In 2015 he secured a directed verdict on behalf of an architect, a geotechnical engineer and an owner’s representative in a construction property damage claim after a three and a half week jury trial. Additionally, in 2014 he represented a geotechnical engineer and an owner’s representative in a two-week jury trial resulting in a defense verdict. Brian also represented a military contractor in 2013 and obtained a defense verdict in a two-week jury trial in federal court in a tortious interference and business defamation claim brought by a competitor. He has obtained defense verdicts in multiple personal injury actions brought against design professionals in a variety of engineering disciplines. In 2002 he was co-lead counsel in an American Arbitration Association arbitration in which his client, a private business firm, achieved a $5 million award for fraud against a former computer vendor.

Admitted to practice in Rhode Island, Massachusetts and Connecticut, as well as on occasion pro hac vice in New Hampshire and Delaware, he has tried numerous cases in multiple states and a variety of forums. He has argued multiple appeals before the Supreme Courts of Rhode Island and Delaware, the Appeals Court of Massachusetts and the First Circuit Court of Appeals.

Admitted to Practice

 Rhode Island

 Massachusetts  Connecticut  United States District Court for the District of Massachusetts  United States District Court for the District of Rhode Island  United States Court of Appeals, First Circuit  United States Court of Appeals, Federal Circuit 

Education

 Temple University School of Law (J.D., 1996, magna cum laude)  Two year member of the Law Review  University of Pennsylvania (B.A., 1993)

Business and Professional Associations

 Member, Rhode Island House of Representatives, District 48 (North Smithfield/Burrillville), 2009 – Present  House Minority Leader, 2011 – 2017  Past Chairman, North Smithfield, Rhode Island Juvenile Hearing Board  Member, North Smithfield, Rhode Island Public Library Board of Trustees  Past Vice-Chairman, North Smithfield, Rhode Island Republican Town Committee  Member, Rhode Island Republican Party State Central Committee  Former Member, Rhode Island Lottery Commission  Former Member, House of Delegates for the Rhode Island Bar Association  Member Massachusetts Bar Association  Member Rhode Island Bar Association  Member Northern Rhode Island Chamber of Commerce

Publications and Speaking Engagements

 Author, “Recent Case Highlights Important Business Lesson.” Design & Construction Management Professional Reporter (June 2017)

 Author, “Considering the Costs of Contract Arbitration Clauses.” Design & Construction Professional Reporter (March 2017)

 Author, “New Rhode Island Legislation Proposes to Alter Retention Process for A/E Firms on Public Projects.” Design & Construction Management Professional Reporter (June 2010)

 Contributing Author, Chapter 4: “Architect-Engineer Contracting.” Federal Government Construction Contracts. Editors: Adrian L. Bastianelli III, Andrew D. Ness, Joseph D. West, published by American Bar Association (2010)

 Co-author, “Managing Your Practice in a Down Economy.” STRUCTURE Magazine (Dec. 2009)

 Author, “Court Decision Changes Class Action Landscape.” Rhode Island Bar Journal, Vol. 53, No. 3 (Nov./Dec. 2004)

 Author, “Duplicative Litigation.” Rhode Island Bar Journal, Vol. 52, No. 6, (May/June 2004)

 Author, “Jurisdiction for Class Actions Problematic.” Rhode Island Bar Journal, Vol. 52, No. 2, (Sept./Oct. 2003)

 Author, “Appealing the Issue of Certification.” National Law Journal, (Oct. 2001)

 Author, “Taking the Dormant Commerce Clause Too Far: West Lynn Creamery, Inc. v. Healy.” 114 S. Ct. 2205 (1994), 69 Temp. L. Rev. 1, 1996

Representative Matters

 Plante v. Stack, 109 A.3d 846 (R.I. 2015)  Ira Green, Inc. v. Military Sales & Service Co., 2014 WL 7234962 (1st Cir. Dec. 19, 2014)  Christie v. Harbor Towers Condo Trust I and II et al, 85 Mass App. Ct. 1101 (2014);  Beauregard v. Gouin, 66 A.3d 489 (R.I. 2013)  Nationwide Property & Cas. Ins. Co. v. D.F. Pepper Construction, Inc., 59 A.3d 106 (R.I. 2013)  Middleoak Insurance Company vs. Tri-State Sprinkler Corp. et al, 77 Mass. App. Ct. 336 (2010)  Blue Coast, Inc. v. Suarez Corporation Industries, 870 A.2d 997 (R.I. 2005);  Woloohojian v. Bogosian, 828 A.2d 522 (R.I. 2003)  Woloohojian v. Bogosian, 821 A.2d 681 (R.I. 2003)  Lawton v. Nyman, 327 F.3d 30 (1st Cir 2003)  Rose v. Firstar Bank, 819 A.2d 1247 (R.I. 2003)  Bogosian v. Woloohojian Realty Corporation, 323 F.3d 55 (1st Cir. 2003)  Capital Video Corporation v. Commissioner of Internal Revenue, 311 F.3d 458 (1st Cir. 2002)  Sea Fare’s American Café, Inc. v. Brick Market Place Associates, 787 A.2d 472 (R.I. 2001)  BHG, Inc. v. F.A.F., Inc., 784 A.2d 884 (R.I. 2001)  Rhode Island Charities Trust v. Engelhard Corp., 267 F.3d 3 (1st Cir. 2001)  Donato v. BankBoston, N.A., 110 F. Supp.2d 42 (D.R.I. 2000)  Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 217 F.3d 8 (1st Cir. 2000)  Caranci v. Blue Cross & Blue Shield of Rhode Island, 194 F.R.D. 27 (D.R.I. 2000)  In re Petition for Review, 745 A.2d 769 (R.I. 2000)  Crystal Restaurant Management Corp. v. Calcagni, 732 A.2d 706 (R.I. 1999)