Tory A. Weigand
Morrison Mahoney LLP
250 Summer Street
Boston, MA 02210
Tel: (617) 737-8827
Tory joined Morrison Mahoney LLP in 1994 and has a diversified appellate and trial practice in a variety of areas including Commercial and Professional liability. Tory has handled a vast array of appellate matters including before the First Circuit Court of Appeals, the Supreme Judicial Court of Massachusetts, the New Hampshire Supreme Court, the Maine Supreme Court, the Massachusetts Appeals Court, and the Appellate Division of the District Court as well as various single justice matters.
His appellate experience is broad based as to subject matters including professional liability, medical malpractice, general liability, aviation, commercial, product liability, employment, civil rights and insurance claims. He has likewise served as an advisory appellate counsel for leading trial attorneys in large scale tort and commercial litigation matters.
Tory was named a 2021 Massachusetts Lawyer of the Year for his appellate advocacy before the Massachusetts Supreme Judicial Court in a seminal case redefining and clarifying causation in medical negligence and tort cases in general. He has previously argued before the Supreme Judicial Court as to discrimination claims; tribunal jurisdiction, Loss of Chance and most recently as to the state constitutional right to jury trial. Tory lectures on appellate practice and authored a number of publications and he is the Editor of the Massachusetts’ Appellate Practice and Procedure Bulletin and Co-Editor of the Aviation Update Newsletter. He recently was a guest presenter and speaker at the 19th Annual Judicial Symposium presented by the National Foundation of Judicial Excellence
Tory is a former law clerk and deputy chief law clerk to the Justices of the Massachusetts Superior Court as well as a law clerk for the Chief Justice of the Massachusetts Appeals Court (Hon. John M. Greaney).
- Successfully represented major medical malpractice insurer at trial and on appeal in bad faith insurance practice action and claim seeking substantial damages
- Successfully tried to verdict a number of high exposure medical cases to verdict in a variety of medical specialties including having obtained a recent defense verdict on behalf of a general surgeon in a wrongful death claim
- Successfully represented national insurer on appeal in large exposure Medicare claim
- Successfully represented a national professional medical society in a high profile business tort and breach of contract claim and dispute
- Successfully represented and advised individual independent contractor to a large international medical device manufacturer in a termination, breach of contract and wage complaint litigation
- Successfully represented and defended FBI Regional supervisor in multi-million dollar Bivens action in Federal Court
- Successfully represented national home goods company on appeal in employment discrimination claim
- Successfully briefed and argued numerous appellate matters before state and federal appellate courts
One of the most important, but often least understood, stages of litigation is the appeal. Morrison Mahoney recognizes the importance of providing experienced appellate counsel that concentrate in representing clients at this critical stage of litigation. Effective appellate advocacy requires a distinctive expertise that is unlike the skills utilized in pretrial and trial advocacy. It is on appeal that a trial court victory can be preserved, or an adverse decision can be reversed—either providing a final victory or a second chance for success in the trial court. Importantly, unlike trial court decisions, a decision by an appellate court typically affects more than just the case in question. By establishing or interpreting rules of law, an appellate decision can affect other cases for years to come. In order to effectively represent its clients on appeal, Morrison Mahoney has assembled a group of lawyers who possess both a passion and talent for in-depth legal analysis, research, and brief writing as well as the challenge of going head-to-head with a panel of appellate judges at oral argument.
Morrison Mahoney’s Appellate Practice Group consists of lawyers that have represented clients in literally hundreds of appeals in both state and federal appellate courts, as well as in appeals in administrative proceedings. Our appellate lawyers also provide specialized services beyond conventional appeals, including petitions for interlocutory relief of trial court proceedings, preparation of friend-of-the-court briefs, as well as other appellate writs and applications. Each of our principal attorneys in the appellate practice group has at least a decade, if not more, of experience in representing clients in all stages of appellate proceedings across the country, and in many different areas of the law. Those attorneys maintain their concentration in appellate advocacy.
Although our lawyers most often act as lead appellate counsel in cases that the firm has already handled through trial, we also routinely handle appeals in which we were not involved when the case was tried. By way of a thorough review of the trial court record and other relevant materials, and by consulting both with the client and the lawyers who represented the client at trial, we can provide a fresh perspective on the case and can present the strongest arguments on behalf of the client on appeal. Additionally, Morrison Mahoney’s Appellate Practice Group provides evaluation services in appeals, even if we do not actually handle the appeal. Our attorneys can provide an opinion on whether an appeal is practicable or defensible; which arguments have the greatest chance of success; and the probability of success on appeal. This “second opinion” can be of great value to the client in deciding whether to proceed on appeal, or how legal resources can best be directed in pursing the appeal.
For 75 years, Morrison Mahoney LLP has been committed to servicing its clients’ needs and working with its clients to achieve desired goals and objectives. With more than 180 attorneys and ten offices in the Northeast, Morrison Mahoney LLP is recognized as one of the leading litigation firms in the region.
The firm works with its clients in diverse practice areas, including: commercial and business litigation; product liability and tort litigation; construction; environmental; hospitals and health systems; employment and labor; toxic tort and health sciences; professional liability; risk management; insurance and reinsurance; cybersecurity, privacy and data protection; subrogation recovery; appellate; admiralty; aviation; emerging business; regulatory and transactional; property; transportation law; and workers’ compensation.
Morrison Mahoney LLP has expanded its practice along with the changing world economy to provide business advice, counseling, and litigation support to its corporate clients. The firm’s membership with ALFA International, the Global Legal Network, provides it with additional resources in all jurisdictions throughout the United States and internationally.
Moreover, the firm’s associations with leading industry organizations (Defense Research Institute, International Association of Defense Counsel, Federation of Insurance & Corporate Counsel, etc.), as well as the leadership positions that many of the firm’s attorneys hold in those organizations, secure the firm’s position as one of the premier defense firms in the United States.