Newman & Newman, P.C.

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Marshall Newman

Marshall F. Newman is the principal of Newman & Newman, P.C., having founded the firm in 1978, together with his father, Abraham Newman (1915-1995), who had been a solo practitioner in Roslindale since 1939, and his uncle, Samuel Newman (1912-2008), who had practiced in Boston since 1933.

Before starting Newman & Newman, P.C., Marshall served from 1975-1977 as a Law Clerk for the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. Marshall then served as law clerk to the Honorable Ruth I. Abrams, during the first year of her tenure as an Associate Justice of the Massachusetts Supreme Judicial Court.

During and after law school, Marshall authored multiple publications, including Comment, Constitutional Law, Eleventh Amendment Bars Enforcement of Fair Labor Standards Act in Federal Courts, 15 Boston College Industrial & Commercial Law Review  1051 (1974); Case Note, Damage to Marital Relationship: Cause of Action for Loss of Consortium Recognized, 20 Annual Survey of Massachusetts Law 369 (1973); Robert Bloom & Marshall Newman, Rent Control, 21 Annual Survey of Massachusetts Law 502 (1974); The Suspect and the Grand Jury: A Need for Constitutional Protection, 11 University of Richmond Law Review 1 (1976), which was cited by Justice William Brennan in his dissenting opinion in United States v. Washington, 431 U.S. 181, 194 (1977).

Marshall graduated cum laude from Boston College Law School in 1975, during which time he was invited to serve as a member of and then as contributing editor to the Boston College Industrial & Commercial Law Review, and worked as a volunteer student-lawyer with the Boston College Legal Assistance Bureau in Waltham, Massachusetts. Before law school, Marshall earned his Bachelor of Arts cum laude in 1971, from Brandeis University where he studied Political Science and Art History.

Marshall is admitted to the bars of the Commonwealth of Massachusetts (1975), as well as the United States District Court, District of Massachusetts (1978).

Marshall has tried literally dozens of jury and jury waived cases in both state and federal courts, in a wide variety of matters, including criminal defense, personal injury, construction disputes, brokers’ commissions, real estate litigation, land damage, adverse possession, employment disputes, abandonment of easements, landlord and tenant, specific performance, commercial matters, divorce and modification, zoning appeals, civil service appeals, and will contests. He is also experienced in Bankruptcy matters, including proceedings under chapters 7, 11 and 13 of the Bankruptcy Code, representing both debtors and creditors. 

Marshall has also developed an active transactional practice which handles commercial and residential real estate sales, purchases, and loans, for sellers, buyers and lenders; condominium formation and administration and entity organization. Marshall is a trusted counselor to many clients who have been with him for most of his forty years of practice, and he now has the pleasure of representing the third and fourth generations of the firm’s clientele.

Additionally, Marshall is a seasoned appellate practitioner who has filed more than ninety appellate briefs to the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, and the United States Court of Appeals for the First Circuit. His reported decisions include the following:

United States Court of Appeals, First Circuit:In re American Cartage, Inc., 656 F.3d 82 (1st Cir. 2011); Downey v. Bob’s Discount Furniture Holdings, Inc., 633 F.3d 1 (1st Cir. 2011); Fishman v. LaSalle Nat. Bank, 247 F.3d 300 (1st Cir. 2001); Mundy v. Lumberman’s Mutual Casualty Co., 783 F.2d 21  (1st Cir. 1986); Casagrande v. Agoritsas, 748 F.2d 47 (1st Cir. 1984); In re Smith Corset Shops, Inc., 696 F.2d 971 (1st Cir. 1982); Whitlock v. Hause, 694 F.2d 861 (1st Cir. 1982); Kapela v. Newman, 649 F.2d 887 (1st Cir. 1981); U.S. v. Kavazanjian, 623 F.2d 730 (1st Cir. 1980); Framingham Savings Bank v. Szabo, 617 F.2d 897 (1st Cir. 1980).; Berman v. Provencher, 614 F.2d 823 (1st Cir. 1980); U.S. v. Abrams, 615 F.2d 541 (1st Cir. 1980).

Massachusetts Supreme Judicial Court: Golden v. General Builders Supply LLC, 441 Mass. 652 (2004); National Lumber Co. v. United Gas & Surety Ins. Co., Inc., 440 Mass. 723 (2004) (amicus curiae); Fafard v. Lincoln Pharmacy of Milford, Inc., 439 Mass. 512 (2003); National Lumber Co. v. LeFrancois Construction Corp., 430 Mass. 664 (2000); Iodice v. Architectural Access Bd., 424 Mass. 370 (1997); Eyal v. Helen Broadcasting Corp., 411 Mass. 426 (1991); Fogg v. Fogg, 409 Mass. 531 (1991); Mullen Lumber Co., Inc. v. Lore, 404 Mass. 750 (1989); Iodice v. City of Newton, 397 Mass. 329 (1986); Ratchford v. Ratchford, 397 Mass. 114 (1986); Sheldone v. Marino, 398 Mass. 817 (1986); Hernandez v. City of Boston, 394 Mass. 45 (1985); Murphy v. Bohn, 377 Mass. 544 (1979); Mailhot v. Travelers Ins. Co., 375 Mass. 342 (1978).

Massachusetts Appeals Court: Cape Cod Shellfish & Seafood Co. Inc. v. City of Boston, 86 Mass. App. Ct. 651 (2014); Aronovitz v. Fafard, 78 Mass. App. Ct. 1 (2010); Business Brokers Intern. Corp. v. Roderick, 24 Mass. App. Ct. 957 (1987); Monaco v. Lombard Bros., Inc., 24 Mass. App. Ct. 941 (1987); Flynn v. Civil Service Commission, 15 Mass. App. Ct. 206 (1983); Boynton v. Buchanan, 12 Mass. App. Ct. 822 (1981); Clapp v. Haynes, 11 Mass. App. Ct. 895 (1980).

Marshall is a member of Boston and Massachusetts Bar Associations, the Real Estate Bar Association, the American Association of Justice and the Massachusetts Academy of Trial Attorneys.