Gregg P. Bailey is licensed in both Massachusetts and Connecticut. He focuses his civil litigation practice on complex business and commercial litigation, product liability defense, and asbestos defense. Gregg has litigated several matters to successful verdicts in the Massachusetts Trial Courts and has represented many foreign and domestic manufacturers and businesses in mediations, in administrative hearings, and before state and federal courts in both Massachusetts and Connecticut.
Gregg has an impressive history of arguing and obtaining summary judgment on complex issues. In 2013, on behalf of a major manufacturer of tools, Gregg obtained summary judgment in an asbestos case in Connecticut. In a case of first impression, Gregg successfully argued that a manufacturer of non-asbestos containing products does not owe a duty to warn of the dangerous characteristics of another product’s dangerous properties.
Gregg has successfully argued that Connecticut courts should not apply the crashworthiness doctrine in a product liability case against a motor vehicle manufacturer. While the Connecticut Superior Courts are split on this issue, the appellate courts have not yet provided guidance. Gregg convinced the Superior Court that Connecticut’s pure comparative responsibility scheme under the Connecticut Product Liability Act requires that a jury consider all causes of a party’s injuries and precludes the application of the crashworthiness doctrine.
Gregg obtained a summary judgment in the United States District Court for the District of Connecticut involving a franchise under the Connecticut Franchise Act (“CFA”). At the summary disposition stage, Gregg established that his client’s termination of an authorized franchise satisfied the requirements under the CFA in that there was good cause and a good faith basis for the termination.
In December 2014, on behalf of a manufacturing client, Gregg obtained summary judgment on a breach of warranty claim by establishing that the plaintiff provided late notice of the claim in the United States District Court for the District of Massachusetts. The Court held that the notice of the accident was not reasonably prompt under the circumstances even though the Plaintiff brought an action within the statute of limitations period. The Court rejected the plaintiff’s argument that notice was not necessary until a good-faith basis for a cause of action arose, holding that the threshold for providing notice is less than Rule 11’s requirement for filing a complaint in a civil action. The Court then found that the late notice had resulted in undue prejudice and granted summary judgment.
While a law student, Gregg participated in the Suffolk University Landlord Tenant Clinic where he represented low income and/or indigent clients in the Chelsea District Court. In one such matter, Gregg successfully tried a case to prevent an eviction while obtaining a verdict on counterclaims for breach of the implied warranty of habitability, retaliation, and violation of the Massachusetts Consumer Protection Act (Massachusetts General Laws Chapter 93A).
Gregg lives in Dorchester, Massachusetts, where he grew up, with his wife Cathie and three children: Anna, Nora, and Finn.