As reported in Massachusetts Lawyers Weekly in an article entitled, "Six years later, Worcester businessman still fighting lurid allegations in court," David H. Rich, a partner with Todd & Weld LLP, has been representing his client, David Massad, since 2006 in suits brought by Nicholas Fiorillo and Tracy Krowel. Mr. Rich asserted that all of the suits involving his client-at least half a dozen-were later dismissed, either by the court or voluntarily by the plaintiffs.
In January 2012, two attorneys acting as bankruptcy trustees for Fiorillo and Krowel have raised similar issues with regard to loans made to Fiorillo and Krowel. Mr. Rich and Todd & Weld associate, Suzanne Elovecky, have been defending the suit brought by the trustees. "Seven years after making those allegations, he has yet to show a single shred of credible evidence to substantiate them," Mr. Rich says. According to Mr. Rich, there is nothing new about the allegations outlined in the bankruptcy case. In an earlier federal court case, Judge F. Dennis Saylor's final order stated: "Plaintiffs [Fiorillo and Krowel] have been directly responsible for many of the problems and delays, with shifting legal theories and repeated failures to adhere to deadlines or comply with discovery obligations." Mr. Rich commented that the bankruptcy case this year is now "round three." He has filed a motion to dismiss the suit. "You can't keep making these same arguments over and over again."