Michael B. Bogdanow

MichaelBogdanow
Phone:(617) 523-8300
Fax:(617) 523-0525
VCard:

Michael Bogdanow is MA Lawyers Weekly’s 2015 “Lawyer of the Year.” Please click here to read his Lawyers Weekly interview, and click here to see and hear his video interview.

Bogdanow follows two professional passions in life: law and art. He maintains a diverse practice at Meehan, Boyle, Black & Bogdanow, and also creates paintings and sculptures in his Cambridge studio. While the two enterprises might seem contradictory – the rationality of law vs. the creativity of art – to Bogdanow, they occupy a common ground.

“Certainly art draws from the creative, nonverbal, aesthetic and spiritual part of the brain,” notes Bogdanow. “And law is more analytical, more verbal, more social and more direct. But there still is overlap. As an attorney I often find myself tapping into my skills as an artist. I try to view each case individually and to be as creative as possible in addressing the client’s needs.”

Bogdanow enjoys tackling many different types of cases, and has a particular expertise in appellate litigation. Over the years, he has become familiar with subjects ranging from medical devices and prescription drugs (such as the current Fosamax litigation) to amusement park rides and flammable fabrics. He also is a prodigious writer. In 1993, he authored a legal treatise, “Massachusetts Tort Damages,” that is widely used as a reference by personal injury practitioners and judges. In 1999 he wrote the second edition of the treatise, published by Lexis Law Publishing. He has also contributed to many other books, and has published numerous articles on tort and insurance law.

A native of Houston, Bogdanow has practiced law in Boston since his graduation from Harvard Law School in 1984. Bogdanow was the Managing Officer of Meehan, Boyle, Black & Bogdanow, P.C. from 2005 until 2016.

Like others at the firm, Bogdanow manages to make time to participate in bar and other community activities. He currently serves on the Executive Committee of Injury Board, the Law Schools Committee of the American Association for Justice, and the Stalwarts/Hall of Fame Committee of the American Association for Justice. He has served as Chairperson of the Joint Bar Committee on Judicial Appointments, and Co-Chair of the Boston Bar Association Litigation Section and Co-Chair of its Tort Committee. He has also served as President of the Massachusetts Chapter of the Federal Bar Association and on the Board of Directors of Cambridge Art Association.

 

Bar Admissions:

  • Massachusetts, 1985
  • U.S. District Court District of Massachusetts, 1985
  • U.S. Court of Appeals 1st Circuit, 1986
  • United States Supreme Court, 2012

Education:

  • Harvard University Law School, Cambridge, Massachusetts, 1984 – J.D. – Honors: Cum Laude
  • Columbia University, New York, New York, 1979 – M.F.A.
  • Brandeis University, Waltham, Massachusetts, 1976 – B.A. – Honors: Magna Cum Laude – Honors: Honors in Fine Arts

Honors and Awards:

  • Massachusetts Lawyers Weekly’s Lawyer of the Year, 2015
  • Best Lawyers, Appellate Lawyer of the Year, Boston, 2015
  • Fellow, Boston Bar Foundation
  • Fellow, Massachusetts Bar Foundation
  • Massachusetts Super Lawyer List, 2004 – Present
  • Massachusetts Super Lawyer List, 2012, New England Top 100
  • Massachusetts Super Lawyer List, 2014, New England Top 100
  • Massachusetts Super Lawyer List, 2015 New England Top 100

Published Works:

  • Massachusetts Tort Damages (Second Edition, Lexis Law Publishing 1999)by Michael B. Bogdanow, Esq. Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108: This one-volume, hardbound book provides a thorough analysis of the grounds for recovering damages, the scope of recovery and the evidence necessary to prove or disprove damages. It was originally written by Mr. Bogdanow and published in 1993, and an all new, second edition was released in 1999. It is updated annually with a “pocket part.” Massachusetts Tort Damages may be used in the courtroom or as a desk reference. The book addresses claims for bodily injury, wrongful death, wrongful life, mental and emotional distress, professional malpractice, property damage, intentional torts, punitive damages, injunctive and declaratory relief, loss of consortium and consumer protection claims. It also covers case evaluation, restrictions on recovery, pleadings, records and forms, costs, interest and attorneys’ fees, contribution and indemnity, taxation of damage awards, and expert testimony. Sample forms and jury instructions are also included.
  • Taxation of Judgments and Settlements by Michael B. Bogdanow, Esq. Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108 April, 2004: This article provides a summary of many of the key issues that arise in connection with the taxation of tort settlements and judgments. Although many practitioners simply assume that such awards are not taxable, this is not always true. There are many situations in which all or part of a settlement or judgment is subject to taxation. This article will help counsel to understand the issues, provide accurate advice, and know when to refer a client to the appropriate tax practitioner.
  • Corporate and Managed Care Liability Update – 2000 by Michael B. Bogdanow, Esq. and Karen R. Ristuben, Esq.:Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108 and Emily Daughters, Northeastern Univ. School of Law, Class of 2000, April, 2000:A guide to corporate liability in the context of medical negligence including vicarious liability, apparent agency, HMO liability and ERISA preemption
  • Daubert and Its Progeny: Admissibility of Expert Testimony in Federal Court by Michael B. Bogdanow, Esq. Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108 and Craig Todaro, Northeastern University School of Law, Class of 200: In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786 (1993), the Supreme Court held that trial judges should act as “gatekeepers” in determining the admissibility of expert testimony. This article addresses the factors to be considered in connection with the gatekeeping role, the applicability of the gatekeeping role, the gatekeeping process and the standard of review of the trial judge’s decision.
  • The Use Of Economic and Vocational Experts To Prove Damages by Michael B. Bogdanow, Esq. Meehan, Boyle, Black & Bogdanow, P.C. Boston, Massachusetts 02108 May, 1999: Economists and vocational experts are often useful as consultants and as trial witnesses. This article summarizes the ways that these two types of expert witnesses can be used in connection with assessing and proving damages. It also explores the relationship between the testimony of an economist and a vocational expert.
  • Chapter 6, Daubert/Lanigan Issues, in Lauriat & McHugh, Massachusetts Expert Witnesses (Co-Author), Massachusetts Expert Witnesses, Massachusetts Continuing Legal Education, 2002
  • Materials Included in Damages in Massachusetts Litigation (Co-Author), Massachusetts Continuing Legal Education, 1993
  • Materials Included in Damages in Massachusetts Litigation (Co-Author), Massachusetts Continuing Legal Education, Supp., 1998
  • Taxation of Judgments and Settlements, Boston Bar Association Continuing Legal Education, 2004
  • Taxation of Judgments and Settlements, Boston Bar Association Continuing Legal Education, 2002
  • Helping Your Expert Witness Pass Through The Courtroom Gate, Massachusetts Academy of Trial Attorneys Continuing Legal Education, 2002
  • Articles on Tort and Insurance Topics, Lexis/Nexis Website “Lexis Xchange”, 1998
  • Book Review, Guide to Judicial Practice in the Superior Court of Massachusetts, Massachusetts Bar Association Lawyers Journal, 1994
  • Litigating Construction Site Injury Cases, Massachusetts Continuing Legal Education, 1994
  • Insurance Bad Faith Litigation (Co-Author), Professional Education Systems, Inc., 1992
  • Assessing And Evaluating Types of Damages Available Under Massachusetts Law, National Business Institute, Inc., 1990
  • Assessing And Evaluating Types of Damages Available Under Massachusetts Law, National Business Institute, Inc., Revised Version, 1992
  • Assessing And Evaluating Types of Damages Available Under Massachusetts Law, Massachusetts Academy of Trial Attorneys, 1990
  • Assessing And Evaluating Types of Damages Available Under Massachusetts Law, Professional Education Systems, Inc., 1990
  • Assessing And Evaluating Types of Damages Available Under Massachusetts Law, Revised Version, Massachusetts Bar Association, 1991
  • Chapter 93A, Damage Awards Against Insurers Under Massachusetts General Laws, Massachusetts Academy of Trial Attorneys News, April, 1987

Professional Associations and Memberships:

  • American Association for Justice, Law Schools Committee, 2012-2015
  • American Association for Justice, Stalwarts/Hall of Fame Committee, 2013-2016
  • Joint Bar Committee on Judicial Appointments, 2009 – 2010 – Chairperson
  • Joint Bar Committee on Judicial Appointments, 2005 – 2010 – Member
  • Boston Bar Association, Litigation Section, July 1, 2003 – July 1, 2005 – Co-Chair
  • Boston Bar Association, July 1, 2001 – July 1, 2003 – Co-Chair, Tort Committee
  • Federal Bar Association, Massachusetts Chapter, 1999 – 2000 – President
  • Federal Bar Association, Massachusetts Chapter, 1997 – 1998 – Vice-President
  • Federal Bar Association, Massachusetts Chapter, 1996 – 1997 – Secretary
  • Federal Bar Association, Massachusetts Chapter, 1995 – 1996 – Treasurer
  • Federal Bar Association, Massachusetts Chapter, 1993 – 1995 – Chairman, Committee on Education
  • Massachusetts Bar Association, Section of Civil Litigation, 1997 – 1998 – Vice-Chair
  • Massachusetts Bar Association, 1996 – 1998 – Education Chair
  • Massachusetts Bar Association, Delivery of Legal Services Section, 1990 – 1993 – Council Member
  • Massachusetts Academy of Trial Attorneys, 1993 – 1997 – Committee on Education
  • Massachusetts Academy of Trial Attorneys, 1993 – 1997 – Annual Meeting Committee and Faculty
  • Boston Bar Association, 1990 – Co-Chair, Lawyers as Artists Exhibit

Classes/Seminars Taught:

  • Panelist, Courtroom Advocacy, Massachusetts Continuing Legal Education, Inc., 2006 – 2007
  • Panelist, Taxation of Settlements and Judgments, Boston Bar Association, 2004
  • Panelist, Taxation of Settlements and Judgments, Boston Bar Association, 2002
  • Speaker, Pleading in Practice, Boston Bar Association, 2003
  • Chairperson, Pre-trial Settlement Track, Massachusetts Academy of Trial Attorneys Annual Conventions, 1997
  • Chairperson, Pre-trial Settlement Track, Massachusetts Academy of Trial Attorneys Annual Conventions, 1996
  • Speaker, American Bar Association Annual Meeting, 1996
  • Chairperson, Advanced Track, Massachusetts Academy of Trial Attorneys Annual Convention, 1995
  • Chairperson, Proving Damages in Personal Injury Cases Seminar, Massachusetts Academy of Trial Attorneys, 1995
  • Chair, Proof of Damages Seminar, Massachusetts Academy of Trial Attorneys, 1994
  • Litigating Construction Site Injuries, Massachusetts Continuing Legal Education, Inc., 1994
  • Insurance Coverage Issues in Personal Injury Cases, Massachusetts Bar Association, 1993
  • Massachusetts Current Issues in Insurance and Tort Law, Professional Education Systems, Inc., 1992
  • Instructing the Jury, Massachusetts Academy of Trial Attorneys, 1989
  • Insurance Law Seminar, Massachusetts Academy of Trial Attorneys, 1987

Published Appellate Decisions:

  • Reckis v. Johnson & Johnson, 471 Mass. 272 (2015)
  • Volkswagen Group of America, Inc. v. Peter McNulty Law Firm, 692 F.3d 4 (1st Cir. 2012)
  • Commerce Insurance Company v. Ultimate Livery Service, Inc., 452 Mass. 639 (2008)
  • Lumbermens Mut. Cas. Co. v. Malacaria, 40 Mass. App. Ct. 184 (1996)
  • Alter v. City of Newton, 35 Mass. App. Ct. 142 (1993)
  • Guzman v. MRM/ELGIN, 409 Mass. 567 (1991)
  • Allen v. Chance Mfg. Co., Inc., 873 F.2d 465 (1st Cir. 1989)
  • Farm Const. Services, Inc. v. Fudge, 831 F.2d 18 (1st Cir. 1989)
  • Santella v. Whynott, 27 Mass. App. Ct. 451 (1989)