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James R. Loughman
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  • Senior Associate

Location:

North Adams, MA

Phone:

Fax:

413-663-7970

Email:

I spend about half of my time on litigation and appeals, resolving disputes after they have already arisen. The rest of my time is devoted to Medicaid and estate planning, helping clients minimize future problems for themselves and their loved ones. I am privileged to work in a firm where I can split my time between such widely different practice areas. The variety keeps things interesting, and gives me a fresh perspective on how the law works. I work out of both the North Adams, Massachusetts and Bennington, Vermont offices.

Areas of Practice

  • Civil Defense Litigation and Appellate Practice
  • Civil Plaintiff Litigation and Appellate Practice
  • Estate Planning
  • Probate (Estate) Litigation
  • Medicaid Planning
  • Guardianships and Conservatorships
  • Non-Profit Organizations

Bar Admissions

  • Massachusetts, 1991
  • U.S. District Court District of Massachusetts, 1995
  • U.S. District Court District of Vermont, 2003
  • U.S. Court of Appeals 1st Circuit, 1997
  • U.S. Court of Appeals 2nd Circuit, 2000
  • U.S. Supreme Court, 1998
  • Vermont, 2014

Education

  • University of Virginia School of Law, Charlottesville, Virginia
    • J.D. - 1991
  • Amherst College, Amherst, Massachusetts
    • B.A. - 1988
    • Major: Political Science

Published Works

  • Insurance Policy Construction, Mass. Defense Lawyers Association Issue Update, Vol.8 No.1, 1998
  • When Will an Insured's Disappearance Justify Denying Coverage?, Mass. Defense Lawyers Association Issue Update, Vol.8 No.1, 1998

Representative Cases

  • Greenfield Country Estates Tenants Association v. Deep., 423 Mass. 81, 1996, Massachusetts Supreme Judicial Court
  • Bohl v. Leibowitz, 1 F. Supp. 2d 67, 1998, U.S. District Court for Massachusetts
  • Merchants Ins. Co. v. U.S. Fidelity & Guar. Co., 1,43 F.3d 5, 1998, U.S. Court of Appeals for 1st Circuit
  • Cherkis v. Atlas Van Lines, 59 F. Supp. 2d 203, 1999, U.S. District Court for Massachusetts
  • Vallone v. Donna, 49 Mass. App. Ct. 330, 2000, Massachusetts Appeals Court
  • Wilson v. Copen, 244 F.3d 178, 2001, U.S. Court of Appeals for 1st Circuit
  • Hopkins v. Liberty Mut. Ins. Co., 434 Mass. 556, 2001, Massachusetts Supreme Judicial Court
  • O'Bert v. Vargo, 331 F.3d29, 2003, U.S. Court of Appeals for 2nd Circuit
  • Commonwealth v. Bradley, 466 Mass. 551, 2013

Classes/Seminars

  • Elder Law Education Program, Massachusetts Bar Association, 2005 to 2005
  • After the Mass Health Application is Approved, MA Chapter of NAELA, 2010 to 2010
  • Estate Planning from A to Z-Client Screening and Intake/Key Element of Effective Wills, NBI, 11/29/2018 to 11/29/2018
  • Crossing Borders-Vermont Estate Planning, Probate & Guardianships, Massachusetts Chapter of NAELA, 06/13/2019 to 06/13/2019
  • Estate Planning from A to Z-The Comprehensive Estate Plan: Wills, Transfers during Life, Sample Documents, and Checklists, NBI, 10/24/2019 to 10/24/2019

Professional Associations And Memberships

  • Massachusetts Bar Association, Member, 1992
  • National Academy of Elder Law Attorneys, Member, 2002
  • Massachusetts Chapter of the National Academy of Elder Law Attorneys, Member, 2002
  • Berkshire County (MA) Bar Association, Member, 1992
  • Estate Planning Counsel of Berkshire County, Member, 2005

Pro Bono Activities

  • Adams Free Library Board of Trustees, 1998 to Present
  • Adams Historical Society, Executive Board , 1997 to Present
  • Adams Outdoors for Youth, 2013 to Present
  • Susan B. Anthony Birthplace Museum, Board of Directors, 2007 to Present
  • Trout Unlimited, Hoosuck Chapter, Executive Board, 1993 to 2010
  • St. Michael’s Society #359 of the P.R.C.U.A., Executive Board, 2003 to 2009
  • Western New England University School of Law, Moot Court Judge, 2005 to 2009
  • Berkshire Bar Association, Scholarship Committee, 1993 to 1995
  • Adams Suffrage Centenial Celebration, 2017 to Present

Practice Areas