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Boston MA 02110-2210
TEL: 617.482-0600
FAX: 617.482.0604
Practice Areas
Education
- Catholic University of America (J.D., cum laude, 1998)
- American University (B.A., cum laude, 1995)
Bar & Court Admissions
- Massachusetts
- New Hampshire
- Vermont
- Maine
- Illinois
- District of Columbia
- U.S. District Court, District of Massachusetts
- U.S. District Court, Northern District of Illinois
- U.S. District Court, District of New Hampshire
A tough litigator who focuses on general and liquor liability, commercial litigation, construction disputes and varied liability matters, Kelly Malone earned her stripes as a Chicago and Boston prosecutor, conducting scores of bench and jury trials and working with law enforcement agencies to investigate, solve and successfully prosecute homicides, shootings, sexual assaults and other major felonies.
That extensive trial experience helped her successfully represent medical malpractice defendants as an associate at Rindler Morgan, P.C., Boston, and continues to drive her litigation practice in general liability, personal injury, products liability, premises liability, liquor liability, construction law, medical malpractice, commercial disputes and insurance defense.
Whether she is defending or prosecuting a claim, Kelly's clients benefit by her demonstrated tenacity and skill in evaluating cases for settlement and verdict value and winning fair and just results. Her commitment to and passion for justice also drives her pro bono work for the Massachusetts Women’s Bar Foundation Family Law Project for Battered Women.
Significant Matters
- Kelly won a jury verdict on behalf of a restaurant charged with negligence and assault and battery.
- Kelly won a jury verdict on behalf of two well-known Massachusetts construction companies accused of negligence after a work-site accident.
- Kelly obtained a $500,000 settlement for a client who was permanently injured in a motor vehicle accident, in a suit against the hosts of a party where the driver of the vehicle consumed alcohol and became intoxicated.
- When a publisher filed a frivolous lawsuit against her client, a top Canadian book printer, Kelly exposed the plaintiff’s fraudulent claim and forced the plaintiff to voluntarily dismiss the case on the eve of trial.
- In a wrongful death case involving a tragic Thanksgiving day fire in which a mother and her daughter perished, Kelly obtained summary judgment on behalf of a space-heater manufacturer accused of producing a defective product.
- Kelly obtained dismissals of three separate actions filed against a general contractor and related companies, where the claims included negligence, breach of contract, defamation, fraud and deceit, slander, c. 93A and c. 176D violations, and civil rights violations
- Kelly successfully defeated a motion for summary judgment filed by an employee against his employer in a suit to recover for injuries the employee sustained when he was injured in a motor vehicle accident after drinking alcohol at a company holiday party.
Kelly currently represents, among others:
- A backhoe manufacturer against a wrongful death claim.
- Multiple restaurants against personal injury claims by patrons against employees.
- The operator of a roller-skating rink in a wrongful death case where a teenage patron was struck and killed by a motorist.
- A restaurant seeking to protect its federally registered service mark from unauthorized use.
- A dentist accused of malpractice.
- A national restaurant chain in a slip and fall accident.
- A landscaping company in a contract dispute with a national directory company.
- A national restaurant chain in a suit against its insurance broker and agent to recover more than $1M spent in fraudulent billings.
- A liquor distributor seeking to incorporate and obtain a liquor license.
- A financial services company in a suit to collect unpaid brokerage fees and other compensation in excess of $1M.
Professional Affiliations
- Massachusetts Bar Association.
- New Hampshire Bar Association.
- Massachusetts Women's Bar Association.
- Massachusetts Defense Lawyers Association.
Community & Civic Activity
- Pro bono representation, Massachusetts Women’s Bar Foundation Family Law Project for Battered Women.
- Member, AP&S Diversity Committee
- Coach, Middleboro Youth Soccer Association.
- William A. Martin Scholarship Fund.
Presentations & Events
Publications & Seminars
- Speaker at panel discussion entitled "The Social Host - To Be or Not to Be!" at Notre Dame Academy, Hingham, MA.
