John J. Cloherty III
- Boston Bar Association
- Rhode Island Bar Association
- National Association of College and University Attorneys (NACUA)
- Massachusetts Council of School Attorneys (COSA)
On Justice:– Sydney Smith
“Truth is its handmaid, freedom is its child, peace is its companion, safety walks in its steps, victory follows in its train.”
John J. Cloherty III is a Partner at Pierce, Davis & Perritano, LLP. His practice is focused on litigation and trial advocacy in defense of individuals, corporations and governmental subdivisions and agencies in Federal court and in the State courts in both Massachusetts and Rhode Island. Mr. Cloherty represents public and private employers in defense of charges of discrimination before the Massachusetts Commission Against Discrimination. He also is a frequent lecturer for the Massachusetts Continuing Legal Education, Inc., having served as a panelist together with various members of the federal bench for the annual seminar entitled Trying Your First (or Next) Civil Case in Federal Court for a number of years.
Mr. Cloherty has represented numerous individuals, corporations, municipalities, schools and school districts, and other governmental agencies in defense of negligence, motor vehicle torts, product liability, premises liability, negligent security, medical malpractice, civil rights, discrimination, zoning and licensing disputes, and intentional tort claims. He has represented individuals and public employers under the Civil Rights laws of the United States and Massachusetts and Rhode Island, as well as the state and federal anti-discrimination laws. His trial experience includes diverse cases such as First Amendment claims, motor vehicle torts, breach of contract claims, property nuisance, accounting malpractice, and employment discrimination.
Mr. Cloherty also has experience representing individual property owners and municipalities in claims brought under the Federal Telecommunications Act (“TCA”) concerning the permitting, site selection and construction of cellular communications towers. Mr. Cloherty has defended product manufacturers in claims of liability alleging defective Construction Equipment and Truck Campers. Mr. Cloherty has an active practice representing elevator maintenance and installation companies in personal injury lawsuits.
Prior to joining the firm, Mr. Cloherty served as an Assistant Corporation Counsel for the City of Boston for three years. He also garnered substantial trial experience in criminal law while serving as a Rhode Island State Assistant Public Defender for two years. Attorney Cloherty began his legal career as a law clerk for the Honorable Donald F. Shea of the Rhode Island Supreme Court. Prior to law school Mr. Cloherty gained business experience in Trust Accounting. He also served as an officer in the U.S. Army, obtaining the rank of Captain and achieving distinctions of Airborne and Ranger qualifications.
- "Navigating Municipal Employment Issue, A Discussion of Emerging Trends in Municipal Law", Aspatore Publishing, Thomson/Reuter, 2011 WL 6740832 (December 2011);
- Co-Author, Chapter 2: Massachusetts Rules of Evidence in the Federal Courts, Massachusetts Evidence – A Courtroom Reference (MCLE 2008);
- Chapter 5, “Legal Defense of Law Enforcement Officers in Police Shooting Cases,” published in Suicide By Cop – Inducing Officers to Shoot: Practical Direction for Recognition, Resolution, and Recovery, (Vivian B. Lord) (Looseleaf Law Publications, Inc. 2004);
- Note, The Serious Juvenile Offender in the Adult Criminal System: The Jurisprudence of Rhode Island's Waiver and Certification Procedures, 26 Suffolk U.L. Rev. 407 (1992) - cited by RI Supreme Court in In Re Harrison, 992 A.2d 990, 998 (RI 2010) and State v. Day, 911 A.2d 1042, 1048 (RI 2006).
- Dinitto v. Pepperell, 77 Mass. App. Ct. 247, 929 N.E.2d 979 (2010);
- Ciampi v Westerly, 598 F.Supp.2d 257 (Dist. R.I. 2009);
- Assoc. of Comm. Org. Reform Now v. East Greenwich, 453 F. Supp. 2d 394, (D. Mass. 2006) Aff’d, 239 Fed. Appx. 612 (1st Cir. 2007);
- McNiff v. Dracut, 433 F. Supp. 2d 145 (D. Mass. 2006);
- Doe v. East Greenwich Sch. Dept., 899 A.2d 1258 (R.I. 2006);
- Lacava v. Lucander, 791 N.E.2d 358 (Mass. App. Ct. 2003);
- Mullin v. Town of Fairhaven, 284 F.3d 31 (1st Cir. 2002);
- Collins v. Nuzzo, 244 F.3d 246 (1st Cir. 2001);
- Rogan v. Menino, 175 F.3d 75 (1st Cir. 1999);
- Burnham v. City of Salem, 101 F. Supp. 2d 26 (D. Mass. 2000);
- Standifird v. Town of Boxborough, 84 F. Supp.2d 213 (D. Mass. 2000); aff'd 230 F.3d 1347 (1st Cir. 2000).
- International Municipal Lawyers Association, Religious Expression in the Public Workplace, Co-speaker, Audio Seminar March 20, 2013;
- Massachusetts Bar Association, Individual Rights and Responsibilities Section Open Meeting, What's Bullying, Panelist, Feb. 9, 2011;
- Massachusetts Continuing Legal Education, Inc., 8th Annual Municipal Law Conference, What's New in Personnel Law and Labor Relations, Mar. 18, 2010;
- Massachusetts Interlocal Insurance Association, 2009 Risk Management Seminar,
Conflict of Interest - For Elected and Appointed Officials, Panelist, Jun. 10, 2009;
- Massachusetts Continuing Legal Education, Inc., Trying Your First, or Next, Civil Case in Federal Court, Panelist, Apr. 10, 2003; Mar. 31, 2004; Mar. 24, 2005; Mar. 23, 2006; Mar. 1, 2007; Apr. 9, 2008.
- The Massachusetts Anti-Bullying Statute and Public School Liability;
- SJC Interprets Open Meeting Law Against Municipality: District Attorney v. School Committee Of Wayland, 455 Mass. 561 (2009);
- Governmental Employee Email As Public Records;
- Disability Discrimination – ADA Amendments Act Of 2008 Expands Key Terms.