J. Michael Conley

Michael Conley grew up and attended school in Cambridge and Newton, Massachusetts. He received his Bachelor’s degree in Political Science from The George Washington University in Washington, D.C., where he played baseball for four years. Thereafter, Michael graduated cum laude from Suffolk University Law School, where he served as a writer and Literary Editor of the Law Review.

 

Massachusetts 1982

USDC Massachusetts

1st Circuit Court of Appeals

USDC Connecticut

Law School: Suffolk University, Class of 1982, J.D.

University: George Washington University, Class of 1978, B.A. Political Science

In 1982 he joined the firm of Murphy, Lamere & Murphy in Braintree, Massachusetts, where he practiced in the areas of municipal labor law, employment law, and civil litigation. In 1985, Michael helped found Kenney, Conley, Sullivan & Smith, P.C. to pursue his interest in civil litigation and trial work on behalf of individuals rather than corporations and government institutions.

At Kenney & Conley, P.C., Michael Conley concentrates his practice on representing injured victims of negligence and other misconduct. He is a frequent writer and lecturer for a number of organizations, including the Massachusetts Academy of Trial Attorneys, Massachusetts Continuing Legal Education, Inc. (for which he serves on the Civil Litigation Curriculum Advisory Committee), and the Massachusetts Bar Association. He has volunteered his time in educational programs to teach or update other lawyers on topics such as automobile liability insurance, uninsured and underinsured motorists’ coverage, premises liability, police and firefighter injuries, trial practice, and settlement of personal injury cases. Michael has served as an arbitrator in personal injury cases and insurance coverage cases, and frequently volunteers to judge students in trial practice and moot court competitions.

In addition to teaching, Michael attends annual seminars to remain current on the law, and the most advanced trial techniques and approaches. Michael is the Past President of the Massachusetts Academy of Trial Attorneys, having led the Academy in 2013-2014. Before assuming the Presidency, he chaired the Academy’s volunteer Amicus Curiae Committee which prepares and files with the Supreme Judicial Court and the Appeals Court “friend of the court” briefs supporting victims’ rights. In an effort to advance victims’ rights, Michael has written or co-authored more than twenty amicus briefs. He also served as Editor of the MATA Journal.

Fellow: American College of Trial Lawyers 2005

AV Preeminent Martindale Hubbell (Ranked by peers; awarded to only those lawyers with the highest ethical standards and professional ability)

2004 – present.

Best Lawyers in Massachusetts in Personal Injury Law and Insurance Law 2014-present.

Insurance Lawyer of the Year 2016, Personal Injury Lawyer of the Year 2020.

Top Attorneys in Massachusetts (Top 100) as published in Boston Magazine.

Best Lawyers in New England as published in The Wall Street Journal.

Super Lawyers: Massachusetts Super Lawyers 2007-present; Massachusetts Top 100, New England Top 100

Massachusetts Academy of Trial Attorneys

Past President 2013-2014

Amicus Curiae Chair 2003-2013

Editor MATA Journal 2007-2013, 2018-2019

Executive Committee 2010 – 2024

American Association for Justice

Products Liability Section, Insurance Law Section, Motor Vehicle Collision, Highway and Premises Liability Section, Complex Regional Pain Syndrome (“RSD”) – Litigation Group.

Massachusetts Bar Association

Appellate Bench-Bar Committee, Civil Litigation Section.

Norfolk County Bar Association

$18,000,000 class action settlement – local counsel

$8,000,000 construction fall from height – paraplegia

$5,875,000 loss of limbs – electrocution incident workplace
$4,500,000 paralysis – boom lift failure
$2,000,000 auto accident – complex regional pain syndrome
$2,000,000 tour bus accident – amputation$1,900,000 firefighter injury on duty

$1,950,000 product liability – complex regional pain syndrome

$1,850,000 slip and fall – complex regional pain syndrome – AKA
$1,800,000 construction injury -demolition accident
$1,800,000 construction injury – struck by vehicle
$1,600,000 construction worker fall from height
$1,500,000 collision with school bus
$1,400,000 wrongful death – motorcyclist hit by USPS vehicle

$1,300,000 Electrocution – wrongful death
$1,250,000 Wrongful death – premises liability

$1,200,000 Motorcycle crash

$1,200,000 verdict for police officer injured in vehicle chase
$1,000,000 California wrongful death Transportation – pedestrian

Notable Appellate cases:

Hopkins v. Medeiros, 48 Mass. App. Ct. 600 (2000)

Establishing the Rescue Doctrine as a valid basis of recovery in tort actions, and

Eliminating the so-called “Firemen’s Rule” which formerly prevented police and fire personnel from advancing third party claims when injured on duty.

Roe v. Lawn, 418 Mass. 66 (1994), Auto insurance policy covering taxi used for school transport covered company’s liability for driver’s sexual assault on special needs passenger.

 

Preferred Mut. Ins. Co. v. Gamache, 426 Mass. 93 (1997)

Limiting homeowners’ policy intentional acts exclusion to only the intended injuries flowing from an intentional act; establishing insureds’ entitlement to attorneys’ fees when insurers force them to litigate insurer’s duty to defend.

Green Mountain Insurance Company, Inc. v. Wakelin, 484 Mass. 222 (2020)

Policy exclusion for bodily injury “arising out of a premises” owned by the insured but not insured under the policy did not apply to deaths caused by portable generator because it did not constitute a condition of the uninsured premises.

Brusard v. O’Toole, 429 Mass. 597 (1999) – With Paul F. Kenney

Principal Massachusetts case concerning use of treatises in medical malpractice cases.

Utica Mut. Ins. Co. v. Fontneau, 70 Mass. App. Ct. 553, 553 (2007)

Insurance policy must cover claim by police officer injured while approaching premises through adjacent uninsured property.

MacLean v. Hingham Mut. Fire Ins. Co., 51 Mass. App. Ct. 870, 870 (2001)

All-terrain vehicle (ATV) accident was covered under homeowners’ insurance policy that excluded vehicles subject to registration, since ATV was only subject to environmental registration, not motor vehicle registration.

Frequent writer and lecturer for a number of organizations, including the Massachusetts Academy of Trial Attorneys, Massachusetts Continuing Legal Education, Inc. (for which he serves on the Civil Litigation Curriculum Advisory Committee), and the Massachusetts Bar Association. He has volunteered his time in educational programs to teach or update other lawyers on topics such as automobile liability insurance, uninsured and underinsured motorists’ coverage, premises liability, police and firefighter injuries, trial practice, and settlement of personal injury cases. Michael has served as an arbitrator in personal injury cases and insurance coverage cases, and frequently volunteers to judge students in trial practice and moot court competitions.

• Vox populi, or in support of plain-speaking, All-Star Tips, MATA Journal May 2021

• Sources of duty in construction injury cases, Part 2, MATA Journal November 2020

• Sources of duty in construction injury litigation, Part 1, MATA Journal, June 2020

• Ruling provides missing piece to ‘NIED puzzle’, MATA Journal, November 2019

• ‘Don’t forget how much fun we’re having’, Editor’s Note, MATA Journal, April 2018

• Tuning in to Trial Guides, Editor’s Note, MATA Journal, February 2018

• ‘DiCarlo’ and public safety third-party claims, MATA Journal, February 2018

• Reptile derangement syndrome, Editor’s Note, MATA Journal, December 2017

• Toward a correct statement of duty in premises cases, MATA Journal, February 2017

• Case survey: When does an injury arise from ownership, operation, maintenance or use of a motor vehicle?MATA Journal, February 2016

• ‘Major cause’ = major confusion, MATA Journal, February 2015

• Evidence of bias against black judges should prompt soul-searching, Boston Globe June 21, 2014
• Civil suits serve us all by bringing corporate giants to heel, Boston Globe May 25, 2014
• Taking the next step toward ending distracted driving, President’s Message, MATA Journal, February 2014
• Look for the MATA logo, President’s Message,

MATA Journal, February 2014

• Book review: “The Elements of Trial” by Rick Friedman and Bill Cummings, MATA Journal, February 2014
• Diversity key to continued growth, President’s Message, MATA Journal, November 2013

• Calling interest rate “bonus” is affront to victims, Massachusetts Lawyers Weekly July 18, 2013

• Updates on G.L.c.143, §51 and “Curry,” Editor’s Note, MATA Journal, April 2012

• “Curry” decision promotes third-party settlements, MATA Journal, February 2012

• AAJ membership invaluable to plaintiffs’ lawyers, Editor’s Note, MATA Journal, February 2012

• Puzzling footnote may have far-reaching consequences, MATA Journal, February 2012

• Keep your uninsured/underinsured arbitrations interest-ing, Editor’s Note, MATA Journal, November 2011

• SJC was right on with “Law” ruling, Massachusetts Lawyers Weekly Nov. 3, 2011

• Authors take “Rules” further down the road, MATA Journal, May 2011

• Take an extra 10 minutes – read the ads, Editor’s Note, MATA Journal February 2011.

• Homeowner’s Insurance Coverage for Vehicle-related Injuries, MATA Journal, Spring, 2004; updated MCLE 2010

• Insurance Coverage Litigation Issues from the Claimant’s Perspective, MCLE 2006, 2008, 2009, 2010

• Keep your natural accumulation cases on ice, Editor’s Note, MATA Journal, February 2010

• The “rescue doctrine” in Massachusetts, MATA Journal, October 2009

• Intentional acts exclusions to liability insurance coverage in personal injury claims, MATA Journal, October 2009
• Trial Guides point the way, Editor’s Note, MATA Journal, June 2009

• digital imagery evidence, Editor’s note, MATA Journal, February 2009

• Representing Injured Public Safety Personnel – Massachusetts Police and Firefighter Injury Overview, MATA Journal, Fall 2008

• ‘Tis the Season: A snow-and-ice case primer, MATA Journal, December 2007

• Salute the Pakistani lawyers’ heroic example, Editor’s Note, MATA Journal, Winter 2007

• Afarian Brief offers comments on Statute of Repose, MATA Journal, Autumn 2007

• Reflections on friends, contributors, Editor’s Note, MATA Journal, Autumn 2007

• Long fight demonstrates commitment, Editor’s Note, MATA Journal, Spring 2007

• Non-delegable Duties in Construction Litigation, Editor’s Note, MATA Journal, February 2007

• Representing Clients Suffering from Chronic Pain, American RSD Hope

• Homeowners’ Liability Coverage for Vehicle-Related Injuries, MATA Journal, Spring, 2004; updated 2008.

• Recent Developments Affecting Auto Liability Insurance Coverage,  MCLE 2003 – 2004,

• Valuation and Settlement of Bodily Injury Cases (Chapter of “Winning Through Settlement” co-authored with Peter M. McElroy, Esq.), MCLE, 2001

• Other uninsured/underinsured motorist coverage issues of note, Prepared for Massachusetts Bar Institute Continuing Legal Education, 2000

• The Demise of Thaler and the Search for Secondary Coverage, MBA, 1999

• Homeowner’s Insurance and Motor Vehicle Accidents, MBA, 1999

Michael has also been active at home in Easton, Massachusetts. He has been a volunteer coach in youth recreational and travel baseball and recreational and travel basketball. He has provided pro bono legal services to various local non-profit organizations. He is a past President of Easton Babe Ruth League and a past Chair of The Foundation for Excellence in Education in Easton (F.E.E.E.), a non-profit organization that raises funds for the benefit of the students in the Easton Public Schools.

Michael is one of many MATA trial lawyers who demonstrate commitment to community safety by participating with EndDD.org (End Distracted Driving) in bringing Distracted Driving presentations to Massachusetts high school students and others.

Volunteer Author or co-author of over twenty-five amicus curiae briefs, most notably:

Papadopoulos v. Target Corp. 2, 457 Mass. 368 (2010)

Abolishing the so-called “natural accumulation rule” that had prevented ordinary negligence claims for slip and fall on snow or ice.

Dos Santos v. Coleta, 465 Mass. 148 (2013)

Limiting so-called “open and obvious” defense to claims based on failure to warn

DiCarlo v. Suffolk Constr. Co., Inc., 473 Mass. 624 (2016)

Exempting workers’ third-party pain and suffering damages from reach of workers’ compensation lien.

Wentworth v. Henry C. Becker Custom Bldg. LTD, 459 Mass. 768 (2011)

General contractor providing workers’ compensation coverage for uninsured subcontractor does not acquire employer-subcontractor’s immunity from injured worker’s tort claims.

Evans v. Lorillard Tobacco Co., 465 Mass. 411 (2013)

Supporting damage awards in landmark tobacco wrongful death case.

Bolman v. Plymouth Rock Assur. Corp., 82 Mass. App. Ct. 135 (2012)

Establishing right to pre-award interest in uninsured/underinsured motorist arbitrations.

Dorchester Mut. Ins. Co. v. Krusell, 485 Mass. 431, 432 (2020)

Exclusion for “physical abuse,” was ambiguous. A reasonable insured would interpret “physical abuse” to apply only to a limited subset of physically harmful treatment, where the treatment was characterized by an “abusive” quality such as a misuse of power.