Mr. Valeriano Diviacchi
|Born: Pula, Yugoslavia
28 January 1958
Member of the Massachusetts,
Harvard Law School - 1985-88 Juris Doctor
University of Illinois at Chicago - 1982-85
Bachelor of Arts in Philosophy, a Minor in Mathematics.
Graduation with Class Honors and Departmental Distinction.
Diviacchi Law Office; October, 1992 to present; plaintiff's legal malpractice, civil rights, and criminal defense trial and litigation.
Kehoe & Crosson; October, 1989 to October, 1992; civil and criminal trial & litigation.
Law Offices of Daniel G. Davis, Los Angeles, CA.;
May, 1989 to September, 1989; legal research and case material preparation for the Raymond Buckley/ McMartin Pre-school criminal defense team.
Los Angeles County Public Defender's Office, CA.;
August to December, 1988; legal research and client interviewing and case investigation.
Committee for Public Counsel Services, Cambridge, MA.;
February to May, 1988; representation of defendants before the Massachusetts District Courts.
Harvard Prison Legal Assistance Project, Cambridge; MA.;
1985-88; representation of inmates at prison disciplinary hearings, parole hearings, a commutation hearing, and legal research.
Jamaica Plain Legal Services Center, Boston, MA.;
September, 1987 to February, 1988; immigration law services and legal research.
Finley, Kumble et al, Washington, D.C.;
1987; legal research in the civil litigation, food & drug, and international law departments.
Cook County State's Attorney, Chicago, IL.;
1986; legal research and investigation.
United States Navy. 1976-82.
Served in the Submarine Service as a nuclear propulsion plant operator.
- Important Published Decisions:
Foley v. Wells Fargo,
--- F.3d ----, 2014 WL 6090712 (1st Cir. 2014)
Mulcahy v. Sullivan,
2013 WL 5970973, __ Mass.App.Div. __ (2013)
Stone v. Caswell et al,
--- F.Supp.2d ----, 2013 WL 3786376 (D.Mass. 2013)
Broderick v. PNC Mortg. Corp.,
--- F.Supp.2d ----, 2013 WL 1187111 (D.Mass. 2013)
Robinson v. Cook,
706 F.3d 25 (1st. Cir. 2013)
Crocker v. Townsend Oil Co., Inc.,
464 Mass. 1 (2012)
Inman v. Siciliano,
2012 WL 1980408 (D.Mass. 2012)
Sandman v. Quincy Mut. Fire Ins. Co.,
81 Mass.App.Ct. 188 (2012)
Silva v. City of New Bedford,
660 F.3d 76 (1st Cir. 2011)
Spencer v. Roche,
659 F.3d 142 (1st Cir. 2011)
Goldman & Pease, LLC v. Collins,
2011 Mass.App.Div. 240 (2011)
Frappier v. Countrywide Home Loans, Inc.,
645 F.3d 51 (1st Cir. 2011)
Middlesex Mut. Assur. Co. v. Puerta de La Esperanza, LLC,
2011 WL 1361552 (D.Mass. 2011)
In re Yacovi,
411 Fed.Appx. 342, 2011 WL 924244 (1st Cir. 2011)
Largo Realty, Inc. v. Purcell,
77 Mass.App.Ct. 162 (2010)
Middlesex Mut. Assur. Co. v. Puerta De La Esperanza, LLC,
723 F.Supp.2d 294 (D.Mass. 2010)
Mulcahy v. Salerno,
2010 Mass.App.Div. 225 (2010)
Mace v. Domash,
383 Fed.Appx.2, 2010 WL 2689376 (D.C. Cir. 2010)
Alicea v. McGuire,
2010 WL 817481 (D.Mass. 2010)
Mercuri v. Newhouse,
2009 WL 6361869 (Mass.Super. 2009)
In re Rodman,
2009 WL 1375559 (Bkrtcy.D.Mass. 2009)
Liss v. Studeny,
450 Mass. 473 (2008)
Sherbert v. Remmel,
2006 ME 116 (2006)
Fistel v. Favaloro,
63 Mass.App.Ct 651 (2005)
Andrews v. Elwell,
367 F.Supp.2d 35 (D.Mass. 2005)
McMillan v. Westport Ins. Corp.,
19 Mass.L.Rptr. 55 (Mass.Super. 2004)
Delelegne v. Kinney System, Inc.,
2004 WL 1281071 (D.Mass. 2004)
Cobb v. Gosnell,
2003 Mass.App.Div. 21 (2003)
Hannon v. Allen,
241 F.Supp.2d 71 (D.Mass. 2003)
Daley v. Harber,
234 F.Supp.2d 27 (D.Mass. 2002)
Chute v. Walker,
281 F.3d 314 (1st Cir. 2002)
Eck v. Kellem,
51 Mass.App.Ct. 850 (2001)
Berezin v. Regency Sav. Bank,
234 F.3d 68 (1st Cir. 2000)
In re Chute,
235 B.R. 700 (Bkrtcy.D.Mass. 1999)
U.S. v. Lara,
181 F.3d 183 (1st Cir. 1999)
Swasey v. Barron,
46 Mass.App.Ct. 127 (1999)
Bucuvalas v. U.S.,
98 F.3d 652 (1st Cir. 1996)
Fredericks v. Rosenblatt,
40 Mass.App.Ct. 713 (1996)
Thayer v. Clerk of Dist. Court of Barnstable,
421 Mass. 1001 (1995)
- Representative or Significant Federal Court Trial Verdicts:
Plaintiff's trial counsel in Philip Pattison et al v. Town of South Hadley et al with a verdict for the Plaintiff in this age discrimination/constructive discharge and public-figure-libel jury trial in Federal District Court for Massachusetts.
Plaintiff's trial counsel in Perdoni Brothers, Inc. v. Concrete Systems, Inc. with a verdict for the Plaintiff in this construction/commercial sales contract jury trial in Federal District Court for Massachusetts and briefed and argued the succ essful appeal before the United States Court of Appeals for the First Circuit.
Appointed defense counsel in United States v. Dennis Liberge et al, a multi-defendant, multi-count drug conspiracy jury trial in the Federal District Court for Maine and briefed and argued the appeal before the First Circuit.
Plaintiff's counsel in the religious rights discrimination case of Ellis v. The Commonwealth of Massachusetts in which I successfully obtained the recogntion of worship rights by imprisoned adherents of the God-centered culture The Nation of Gods and Earths.
- Representative or Significant State Court Trial Verdicts:
Plaintiff's trial counsel in New England Insurance v. Cape Cod Bank & Trust with a verdict for the Plaintiff in this complicated legal malpractice/lender's liability/insurance law action in which the settlement offer was zero.
Plaintiff's trial counsel in Mark Marinelli v. Bernard Shadrawy et al with a verdict for the Plaintiff in this complicated legal malpractice case involving bankruptcy law, arbitration law, and real estate development issues.
Defense/third-party plaintiff's counsel in Lutin & Lutin v. MASSBANK for Savings et al with a verdict for the Defendant/third-party plaintiff in this complicated legal malpractice/lenders' liability/title certification case in which the settlem ent offer was zero.
Plaintiff's counsel in William Cranmore v. Greene et al with a verdict for the plaintiff in this complicated legal malpractice case involving a further underlying legal malpractice case lost by the defendant attorneys and M.G.L.c. 21E and title certification issues.
Defendant's counsel in Commonwealth of Massachusetts v. Fassil. A criminal case in which charges against the Defendant of aggravated assault and battery and attempted rape of a minor were dismissed at trial.
Plaintiff's counsel in Connors v. Pike et al with a verdict for the plaintiff in a complicated legal malpractice case involving underlying fraudulent conveyance, divorce, and trust issues in which the settlement offer was zero.
Plaintiff's Counsel in a successful lawsuit challenging as a violation of freedom of speech the Board of Bar Overseers for disciplining an attorney who made derogatory remarks about them and forcing them to expunge it from his record.
Plaintiff's counsel with a successful five-figure damages verdict in the civil rights/police brutality case of Bernstein v. Derek Markel and The Commonwealth of Massachusetts in which there was no settlement offer.
Plaintiff's Counsel in the case of Mary Lingis v. Burton Waisbren in which the court awarded a six-figure damages verdict for unfair and deceptive acts that was trebled as punitive damages plus fees and costs under the Consumer Protection Act even though there was a finding of no negligence in the malpractice claim.
Judge/Instructor in various mock trial and moot court programs such as at Suffolk University, Brandeis University, Harvard University, ABA, MBA, and Harvard Law School.
In addition to the above: I have been first chair trial counsel for over fifteen other federal court jury trials and I have prepared and filed two certiorari petitions before the United States Supreme Court. I have briefed and argued over thirty other appeals before United States Courts of Appeals for various Circuits; have handled as first chair over sixty-five other jury trials and over twenty-five bench trials in the state courts of Massachusetts and three other states; and have briefed and argued over sixty appeals before the Massachsetts and Maine Appeals Courts and Supreme Judicial Courts. I am a member of the of the National Lawyers Guild, the Association of Defense Counsel for the International Criminal Tribunal for the Former Yugoslavia, the Knights of Thermopylae Inn of Court, Veterans for Peace, USSVI, International Society of Dysfunctional Veterans, and Veterans of Foreign Wars of the United States. Founding member of USS Skipjack Anti-Retention Team and the USS Lafayette Socialist Worker's Party. Overall, I have been involved in >750 civil and criminal court cases in the state or federal courts of seven different states.