John Messina

Litigation is society’s way of righting a wrong but, truth-be-told, so many issues litigated today need never have been the subject of a lawsuit. With business litigation, had people just dealt with the “What ifs?” prior to formalizing their business relationships, they would not later have to deal with the “What now?” It’s the “What […]

by John Messina, Esq. and Mary Gram, Esq. Eminent domain can be used to take all a person’s property or only a portion of it. It is also used to acquire temporary use of the property or to compensate a person when a public improvement negatively impacts their property. Regardless of the taking, the Fifth […]

A few years ago, I represented a client who helped develop a market for a software product used by major manufactures throughout the world. The software became so successful that a large company back east acquired the smaller California based software development. My client had a written agreement with the California company to distribute the […]

The civil FCA shields the Government from being overcharged or sold inferior goods or services. It is illegal to present claims for payment to Medicare or Medicaid you know or should know are false or fraudulent. If a claim results from a kickback, or is made in violation of the Stark law, that alone may […]

I liken it to the relationship between a loving and caring parent to their own child—the parent always acts in a manner consistent with the best interest of their child, even if it is against their own best interest. This is what a fiduciary relationship is and what is legally expected of a real estate […]

“. . . winning at trial depends on [a] collaborative effort between client and lawyer.” Sometimes, no matter how hard you try to reach a reasonable and amicable agreement, litigation becomes the only option—short of simply walking away. The story I am about to tell is true; the names have been changed to protect my […]