Meet Thomas E. Day

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Tom Day is a highly experienced civil trial lawyer who 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 before the Massachusetts Supreme Judicial Court and the United States Court of Appeals for the First Circuit and has extensive experience representing clients at arbitration and mediation. Tom has served as a Special Assistant Attorney General for the Commonwealth of Massachusetts since 2010.

Tom focuses his practice primarily in the areas of civil rights defense, medical malpractice, and construction contracting and litigation. Tom has defended clients in numerous civil rights cases in the United States District Court of the District of Massachusetts, the Massachusetts Superior Court, and the United States Court of Appeals for the First Circuit. Tom has represented construction clients in both state and federal court and successfully argued a precedent-setting mechanic’s lien case before the Massachusetts Supreme Judicial Court. Massachusetts Lawyers Weekly named Tom as one of its Go To Lawyers in Construction for 2025.

In 2025, Governor Maura Healey appointed Tom to the Massachusetts Judicial Nominating Commission, which advises the Governor on judicial appointments across the Commonwealth. Tom also serves as the President of the Board of Directors of the Hampden County Honorary Deputy Sheriff’s Association and as the Events Coordinator for the Notre Dame Club of the Pioneer Valley. Tom previously served two terms on the Board of Directors of Pope Francis Preparatory School in Springfield. He was the Director of the St. Thomas More Society in Springfield from 2012 to 2017 and previously served on the West Springfield Planning and Construction Committee, including four years as its Chair.

A partner at Egan, Flanagan & Cohen since 2012, Tom has served in numerous management roles at the firm, including as a Member of the firm’s Executive Committee and in his current role as the firm’s Chief Financial Officer.

Before joining Egan, Flanagan and Cohen, Tom practiced construction litigation at a law firm in Hartford, Connecticut and started his career as a litigation associate at another Springfield, Massachusetts law firm.

Prior to law school, Tom worked as a bartender in London, England and then spent five years living and working in the Washington, D.C. area, including two and a half years as a staffer in the United States Senate.

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).

• Civil Rights Defense
• Construction Contracting and Litigation
• Medical Malpractice
• Wrongful Death
• Appellate Advocacy

• Federal Bar Association, Massachusetts Chapter
• Hampden County Bar Association

• 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