Meet Thomas E. Day

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Tom Day is an experienced trial attorney who has extensive experience representing both plaintiffs and defendants in a wide variety of civil litigation matters, specializing in construction contracting, construction litigation, mechanic’s liens, and surety claims.  Tom successfully argued before the Massachusetts Supreme Judicial Court in a precedent-setting mechanic’s lien case.  Tom has represented owners, general contractors, subcontractors and sureties in State and Federal court and through alternative dispute resolution.

Tom is admitted to practice in the state courts of both Massachusetts and Connecticut, as well as the United States District Courts for the Districts of Massachusetts and Connecticut, and the United States Court of Appeals for the First Circuit. He has tried cases to verdict in the United States District Court for the District of Massachusetts, the Massachusetts Superior, District, and Housing Courts and the Connecticut Superior Court. He has also argued successfully before the Massachusetts Supreme Judicial Court and represented clients in the United States Court of Appeals for the First Circuit and the Massachusetts Commission Against Discrimination. He has extensive mediation and arbitration experience.

Tom has served as a Special Assistant Attorney General for the Commonwealth of Massachusetts since January of 2010. He is a member of the Hampden County Bar Association and the Federal Bar Association, Massachusetts Chapter. A list of cases in which Tom has been involved, which resulted in reported and unreported decisions, is provided below.

Reported Decisions

Massachusetts Supreme Judicial Court

• City Electric Supply Company v. Arch Insurance Company, 2019 Mass. LEXIS 178 (March 29, 2019) (Drafted successful Application for Direct Appellate Review, drafted Appellate Brief and argued successfully before the Supreme Judicial Court on behalf of appellant/claimant in precedent-setting mechanic’s lien case);

• Commonwealth v. Donohue, 452 Mass. 256, 892 N.E.2d 718, 2008 Mass. LEXIS 623 (Mass. 2008) (co-drafted Amicus Brief in favor of defendant on behalf of Massachusetts Sheriffs);

United States District Court for the District of Massachusetts

• Brush v. Jiminy Peak Mt. Resort, Inc., 626 F. Supp. 2d 139, 2009 U.S. Dist. LEXIS 52204 (D. Mass. 2009) (co-drafted Motion for Summary Judgment);
• Kogut v. Ashe, 602 F. Supp. 2d 251, 2009 U.S. Dist. LEXIS 20232 (D. Mass. 2009) (drafted opposition to petition for writ of habeas corpus);
• Hernandez v. Ashe, 745 F. Supp. 2d 15, 2010 U.S. Dist. LEXIS 109017 (D. Mass. 2010) (opinion of District Judge) (drafted Motion for Summary Judgment);
• Hernandez v. Ashe, 745 F. Supp. 2d 15, 2010 U.S. Dist. LEXIS 112765 (D. Mass. 2010) (report and recommendation of Magistrate Judge in above case) (drafted Motion for Summary Judgment);
• Terbush v. Massachusetts, 987 F. Supp. 2d 109, 2013 U.S. Dist. LEXIS 176673, 2013 WL 6627917 (D. Mass. 2013) (drafted and argued Motion for Summary Judgment);
• Baggett v. Ashe, 41 F. Supp. 3d 113, 2014 U.S. Dist. LEXIS 118902 (D. Mass. 2014) (drafted and argued Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgment in this class action civil rights case).

Unreported Decisions

• Initial Realty Co. v. Herman, 2010 U.S. Dist. LEXIS 28504, 2010 WL 1223618 (D. Mass. Mar. 25, 2010) (represented plaintiffs);
• Caraballo v. Ashe, 2010 U.S. Dist. LEXIS 36342 (D. Mass. Apr. 13, 2010) (drafted Motion for Summary Judgment);
• Cecil Brace v. Massachusetts, 2012 U.S. Dist. LEXIS 275, 2012 WL 13366 (D. Mass. Jan. 3, 2012) (co-drafted partially successful Motion for Summary Judgment and represented defendants at subsequent trial on remaining issues, resulting in defense verdict);
• Joslin v. Hampshire County House of Corr., 2013 U.S. Dist. LEXIS 74228, 2013 WL 2247499 (D. Mass. Feb. 28, 2013) (drafted and argued motion for summary judgment);
• Baggett v. Ashe, 2013 U.S. Dist. LEXIS 73202, 2013 WL 2302102 (D. Mass. May 23, 2013) (drafted and argued opposition to Motion for Class Certification).

Personal, Educational, and Professional Background

A native of Ludlow, Massachusetts, Tom is a 1989 graduate of Cathedral High School in Springfield, and a 1993 graduate of Connecticut College, New London, Connecticut. He spent his junior year of college at University College, Galway in Ireland. He is a 2002 graduate of Notre Dame Law School, South Bend, Indiana, where he met his wife, Kate. Kate is a native of Tampa, Florida and also an attorney with Egan, Flanagan & Cohen.

In the six years between college and law school, Tom worked, for seven months, as a bartender at the Eagle Public House, in the Camden Town section of London, England and then lived and worked in the Washington, D.C. area for the next five years. While in the D.C. area, Tom first worked as a reporter and researcher for State Tax Notes magazine, and then as a researcher for a national political campaign committee, focusing on the 1996 United States Senate races. Over his final two and a half years in D.C., Tom worked as a staffer in the U.S. Senate, serving as the Administrative Director of the United States Senate Steering Committee, a non-partisan caucus of United States Senators.

Since graduating law school, Tom practiced for three years as an associate at Doherty, Wallace, Pillsbury & Murphy, in Springfield, practicing general civil litigation, including construction litigation and insurance defense. He then practiced for two years as an associate at Pepe & Hazard in Hartford, Connecticut, practicing almost exclusively in the field of construction litigation. Finally, Tom joined Egan, Flanagan & Cohen as an associate in 2007. He was made a partner in 2012.

Tom serves on the Board of Directors of Pope Francis Preparatory School. Tom also serves on the Board of Directors of the Hampden County Deputy Sheriffs Association and the Hampden County Community Impact Foundation. 

• Construction Litigation
• Appellate Advocacy
• Medical Malpractice
• Wrongful Death
• Products Liability
• Personal Injury
• Commercial Collections
• Premises Liability
• Contract Disputes
• Probate Litigation
• Civil Rights Defense

• St. Thomas More Society, Diocese of Springfield, Massachusetts
  Chair, 2012 – 2017

• Massachusetts
• Connecticut
• U.S. Court of Appeals for the First Circuit
• U.S. District Court for the District of Massachusetts
• U.S. District Court for the District of Connecticut

• Notre Dame Law School, J.D, 2002
• Connecticut College, B.A., 1993