Civil Litigation

Meenan & Associates counsels individuals and businesses on a wide variety of business-related disputes including:

Contract disputes and litigation: Our firm assesses and advises clients on their options, whether you are involved in a contract that has been breached and you seek redress, or you are being sued for breach of contract. Meenan & Associates provides effective representation to our client in breach of contract cases, and seek to ensure a resolution – whether through settlement or litigation – that results in the best outcome for our clients.
Business disputes involving partnerships, member and shareholders: Disputes can arise between business partners, between members of limited liability companies, and between corporate management and shareholders. Our firm works to resolve or litigate business disputes between the parties to ensure our clients’ interests are protected. Meenan & Associates is experienced in negotiating resolutions and in litigating disputes.
Business law matters: Whether you are involved in litigation or need legal advice regarding a business decision, our firm’s experienced attorneys will work tenaciously to protect your rights and guide you to the most cost-effective path.
Executive compensation, contract negotiation, drafting and review: Meenan & Associates understands and appreciates the importance of a contract and the diligence required to ensure its terms reflect all the issues that the parties to the contract want it to include and address. Our firm assists businesses and individuals with negotiating contract terms, drafting and reviewing contracts, and addressing concerns that may arise with respect to specific contractual terms. Our firm is mindful that the careful drafting of contracts can assist in preventing or mitigating the risk of potential future litigation.

Estate Litigation

At times, dealing with the estate of a loved one who has passed can become more complex when it is discovered that the decedent’s intentions and last wishes have been disregarded, manipulated, or exploited. For these reasons, it can be necessary for a family member or interested beneficiary to protect the intentions of the decedent by engaging in litigation.
Meenan & Associates’ experience and expertise in the area of estate litigation and Surrogate’s Court practice and procedure ensures that our firm provides the constructive advocacy our clients need to protect the decedent’s intentions for their heirs and/or beneficiaries, and to seek redress for any wrongdoing that has occurred in connection with a decedent’s estate. Meenan & Associates assists our clients with the following:

Will contests: When the Will of the decedent is offered for probate with Surrogate’s Court, there are times when its acceptance by the Court is challenged by a family member, a beneficiary, or a creditor of the estate.

Administration challenges: There are instances when the appointment of a fiduciary of an estate of a decedent, who died without a Will, is contested.
Contested Accountings: Accounting proceedings can be challenged by beneficiaries of the estate, by possible heirs or “distributees” of the decedent, and/or by possible creditors of the estate who claim they are owed money by the estate for debts incurred by the decedent.
Removal of fiduciaries: If the fiduciary of an estate is claimed to have engaged in wrongdoing while serving as the estate representative or is believed to be unfit to serve, a Surrogate’s Court proceeding can be brought to remove that individual and seek the appointment of someone else to serve as the fiduciary.
Recouping of estate assets: If it is believed that assets belonging to the decedent were wrongfully taken while the decedent was alive, or that property of the decedent was not properly marshaled after the decedent passed by the fiduciary of the estate, a discovery and/or turnover proceeding can be brought in Surrogate’s Court to locate and recoup these misappropriated or impermissibly mislaid estate assets.

Meenan & Associates’ has extensive experience in litigating these estate matters. The diligence and determination our firm provides in advocating for our clients ensures Meenan & Associates vigilantly protects our clients’ interests throughout the process, until their goals are achieved.
In addition to litigating on behalf of our clients in Surrogate’s Court, Meenan & Associates also has experience litigating estate-related matters in other courts, including federal district court and state Supreme Court.

Fiduciary Litigation

A fiduciary has a relationship of trust to another person or entity and an obligation to act in the other’s best interests. A fiduciary also has duties of loyalty and good-faith and, in certain circumstances, a duty to account for their actions. Some common fiduciary relationships are: Trustee/Beneficiary; Guardian/Ward; and Principal/Agent.

An agent under a power of attorney and a property guardian are vested with powers over another’s assets and income, while an agent under a health care proxy and a personal needs guardian are responsible for the health and well-being of the principal or ward. Similarly, a trustee controls a trust’s income and assets, and his/her duties extend to the beneficiary or beneficiaries of the trust as determined by the grantor. A trustee also has duties to the remaindermen, or potential beneficiaries.

Problems arise when fiduciaries do not exercise the appropriate standard of care, resulting in financial loss or other harm to the principal. Even fiduciaries who have exercised the proper standard of care may find themselves facing claims where, for example, a beneficiary raises a claim against the fiduciary resulting in court intervention.

Meenan & Associates has extensive experience in representing fiduciaries in accounting proceedings, guardianship matters, turnover proceedings and other actions filed against fiduciaries. Our experience in the areas of trusts and estates and guardianships, combined with our well-established litigation experience, render us uniquely positioned to understand the responsibilities of fiduciaries and the applicable standard, and to vigorously defend individuals or entities against claims filed against them in their fiduciary capacity.

FINRA Arbitration

If you have been injured in an accident, you need an experienced, committed and caring law firm to advocate for you. Meenan & Associates has been successful in representing accident victims who have been seriously hurt and need legal counsel and guidance. Our firm understands how devastating this experience can be for you and your family; our skilled and talented team knows how to provide care and assistance during this difficult time. Meenan & Associates has a proven track record, not only successfully gathering needed evidence and interviewing witnesses, but guiding you through complicated decisions involving work, benefits and recovery. Our firm has developed contacts with medical, psychiatric, economic and other experts which can make all the difference in proving your damages. Most importantly, Meenan & Associates will dedicate the appropriate time and resources required to ensure you obtain justice and compensation, never compromising your best interests.
Meenan & Associates can assist with accidents and injuries including:

Nursing Home Neglect & Abuse

When you entrust a loved one to the care of a nursing home or other long-term care facility, you expect that your loved one will be safe and well cared for. Nursing home facilities have an obligation to provide their patients with the appropriate level of care and to ensure their patients’ safety and health. Unfortunately, nursing homes and hospitals sometimes fail to ensure the safety and health of their patients, and loved ones suffer emotional, physical, or psychological harm at the hands of careless or abusive caregivers or due to nursing home neglect. Federal and state laws are in place to provide victims of such abuse or neglect with redress against the facility.

The difference between nursing home abuse and neglect is one of intent. Nursing home abuse involves a caregiver who intended to harm the resident. Neglect involves a nursing home’s failure to provide the proper standard of care, and can include medical neglect, social/emotional neglect, or neglect of basic needs or personal hygiene.

Injury to a nursing home resident can be caused by any number of factors, including falls, medication errors, bedsores, insufficient staffing, inadequate or insufficient food and liquids, criminal assault, defective medical devices, and poorly trained staff. The Centers for Disease Control & Prevention identifies falls for people over 65 as the most common cause of nonfatal injuries and accidental death. A nursing home is subject to state and federal regulations regarding medications, yet people often make mistakes in delivery, overuse, or inappropriate mixed use of conflicting drugs, causing injury. Bedsores or pressure sores are common warning signs of nursing home neglect or malpractice. If a nursing home fails to provide the proper care, bedsores can develop and worsen, causing pain and irritation, infection, loss of skin, and, if untreated, loss of muscle and/or bone, and even death. Other factors leading to a resident’s injury may be just as complicated. It requires an experienced, caring, and committed legal team to help navigate the issues.

Meenan & Associates has experience in representing victims of nursing home neglect or abuse, and in developing successful legal strategies in these matters. Most importantly, Meenan & Associates will dedicate the appropriate time and resources required to ensure you obtain justice and compensation, never compromising your best interests.