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Neal F. Pratt Partner
Practice Focus:	Litigation
Office:	Portland, ME
Phone:	207.791.3000
Fax:	207.791.3111
Email:	npratt@preti.com
vCard:	Download Neal's vCard

Neal Pratt is a partner and trial lawyer in Preti Flaherty's Portland, Maine office and a member of the firm's Litigation, Business Law, Construction Law, Professional Services, and Sports Law Groups. In 22 years of practice, Neal has successfully tried numerous cases to juries, judges, arbitrators and administrative authorities. His handling of several controversial and high profile cases led Maine's largest newspaper to comment that "Pratt has earned the reputation as a skilled trial lawyer and top-notch litigator." Prior to joining Preti Flaherty, Neal was a partner at Verrill Dana, LLP, where he served as that firm's General Counsel, and Chair of its Litigation and Trial Department.

Neal concentrates his multistate and federal practice in the ares of commercial litigation, product liability and tort defense, and construction claims. He also has extensive experience in insurance coverage disputes, professional liability complaints, employment litigation, and white collar criminal defense. In addition, Neal has a growing ADR practice and is frequently asked to mediate disputes involving a wide variety of subject matters.

Among his many public service contributions, Neal led the successful referendum campaign to pass a $33 million bond initiative to modernize the Cumberland Civic Center, Maine's largest public arena. Serving an unprecedented third term as Chairman of the Civic Center's Board of Trustees, Neal was also the Civic Center's chief negotiator and spokesman in the widely-publicized lease extension with the American Hockey League's Portland Pirates, thereby successfully retaining the team in Maine.

Honors and Distinctions

• Appointed by Chief Judge of United States District Court for Maine to serve on Federal Local Rules Advisory Committee
• The Best Lawyers in America® (construction litigation)
• Chambers USA: America's Leading Lawyers for Business® (commercial litigation)
• New England Super Lawyers® (business litigation)
• Lawdragon Magazine® (commercial litigation; general litigation)
• Benchmark Litigation, The Definitive Guide to America's Leading Litigation Firms and Attorneys®
• Fellow, Maine Bar Foundation

Representative Matters

Commercial Litigation

• Won arbitration hearing arising out of dispute between general partners and related entities over distribution and allocation of proceeds of $79 million timberland sale. Blanchet Woodlands, LLC v. Pelletier Woodlands, LLC, Arb. No. 50 180 T 00274 08.
• Won complete dismissal of 185-page complaint seeking $25 million in damages for alleged violations of "RICO" statute stemming from telemarketing of prescription medications. MyFreeMedicine.com, et al., v. Alpine Investors, LP, et al., U.S. Dist. Ct. Dkt. No. 08-CV-362-JAW (D. Me.).
• Obtained stipulated judgment and favorable settlement on behalf of client arising out of series of related lawsuits in State and Federal courts involving multiple parties and multimillion dollar claims of fraud, breach of contract, unfair competition, civil conspiracy, fraudulent transfers and defamation. SN Commercial LLC v. Guptill Farms, Inc. et al., Wash. Cty. Sup. Ct. Dkt. No. RE-04-02; Downeast Ventures v. Washington County, et al., U.S. Dist. Ct. Dkt. No. CV-05-87; SN Commercial LLC, et al. v. Terry Pinkham, et al., Hnck. Cty. Sup. Ct. Dkt. No. CV-04-62; Machias Savings Bank v. Guptill Farms, et al., Wash. Cty. Sup. Ct. Dkt. No. RE-05-12; Key Bank v. Jasper Wyman & Son, Cumb. Cty. Sup. Ct. Dkt. No. CV-03-715; Millea v. Guptill Farms, Inc, et al., Wash. Cty. Sup. Ct. Dkt. No. RE-02-21.
• Won summary judgment in Federal Court in defense of corporate client in multi-million dollar civil rights suit alleging conspiracy among court-appointed receiver and several public and private entities to destroy construction company. Downeast Ventures v. Washington County, et al. Dkt. No. CV-05-87 (D. Me.).
• Successful defense at arbitration and in Texas Federal Court of underground fuel storage tank leak-detection system manufacturer against $20 million product liability, fraud and breach of contract claims. Intelligent Controls, Inc. v. Practical Tank Management, Inc., Arb. No. 11-181-00454-00; FFP Operating Partners, L.P. v. Intelligent Controls, Inc., et al., C.A. No. 4:01-CV-00577 (N. D. Tex.).

Product Liability & Tort Defense

• Won jury verdict in Maine Superior Court in favor of large ski area against claims that it negligently operated a chairlift in dangerous wind conditions which allegedly caused passenger's chair to strike terminal thereby ejecting him and causing serious permanent injuries. Sutton v. Sunday River Skiway Corp., Oxford Cty. Sup. Ct. Dkt. No. CV-09-76.
• Won jury verdict in Federal Court for appliance manufacturer in products liability action alleging that defective exhaust fan caused building fire. Canning v. Broan-NuTone, LLC, Dkt. No. 05-CV-15-B-JAW (D. Me.).
• Won summary judgment in Maine Superior Court and successfully defended appeal before Maine Supreme Court in wrongful death action on behalf of a wood products manufacturer following a workplace fatality involving employee of independent trucking company. Estate of Joseph Nichols v. Huber Engineered Woods, LLC, Aroostook Cty. Sup. Ct. Dkt. No. CV-06-142; Law Ct. Dkt. No. ARO-09-505. Also prevailed on summary judgment together with local counsel on related insurance coverage dispute in North Carolina. Huber Engineered Woods, LLC v. Canal Insurance., Mecklenburg County Superior Court Dkt. No. 08-CVS-4611.
• Won jury verdict in Federal Court for appliance manufacturer in products liability action alleging that defective coffeemaker caused building fire. Finley v. Mr. Coffee, Dkt. No. 95-CV-167-B (D. Me.).
• Won jury verdict in Federal Court as co-trial counsel for automobile manufacturer in defense of claim that design defect caused door misalignment that led to passenger ejection and resulting brain injury. Dube v. American Isuzu Motors, Inc., Dkt. No. CV-96-80 (D. Me.).
• Won jury verdict as co-trial counsel in defense of heavy equipment dealer against claim that bulldozer design defect caused accident resulting in permanent brain injury. Brown v. Metco, Cumb. Cty. Sup. Ct. Dkt. No. CV-91-937.
• Won jury verdict in Federal Court as co-trial counsel for automobile manufacturer in defense of claim that defective roof design caused plaintiff's quadriplegia following automobile-moose collision. Brawn v. Fuji Heavy Industries, Ltd., Dkt. No. 91-0926 (D. Me.).

Construction Litigation

• Won jury verdict of nearly $1 million in Vermont Federal Court for general contractor following wrongful termination from construction of large commercial landfill. J.A. McDonald, Inc. v. Waste Systems International Moretown Landfill, Inc., Dkt. No. 2:99-CV-172 (D. Vt.).
• Won summary judgment in Federal Court on behalf of commercial contractor in "Miller Act" case resulting in substantial damage award, plus attorney fees, in construction dispute arising out of U.S. Navy contract for aircraft hangar renovations at Brunswick Naval Air Station. United States ex. rel. Doten's Construction, Inc. v. JMG Excavating and Construction Co., Inc., et al., Dkt. No. 2:03-CV-134 (D. Me.).

General Litigation

• Won summary judgment in Federal Court on behalf of a long-term disability insurance carrier in "ERISA" action in defense of claim of wrongful termination of benefits. Tripp v. Hartford Life and Accident Insurance Co., Dkt. No. 1:03-CV-40 (D. Me.).
• Represented Maine's first State-supported mail-order pharmacy in defense of highly-publicized and controversial claims of illegal internet sale of scheduled drugs. In Re: PIN Rx, LLC, #2006-PHR-3215.

Criminal Defense

• Won "Not Guilty" jury verdict on behalf of duck hunter in widely-publicized homicide trial arising out of shooting death of hunting companion. State v. Mercer, Sag. Cty. Sup. Ct. Dkt. No. CR-97-153.
• Won "Not Guilty" verdict in high-profile juvenile arson trial following high school fire. State v. Armstrong, Dkt. Nos. BELDC-JV-00-0092/93.
• Negotiated dismissal of criminal charges against two Rhode Island businessmen accused of scheming their way into television celebrity Martha Stewart's coastal Maine estate. State v. Moretti and Cimalore, Hnck. Cty. Sup. Ct. Dkt. Nos. CR-04-302/303.
• Represented author of letter to infamous "Juror No. 4" that led to mistrial in New York criminal prosecution of Tyco executives Dennis Kozlowski and Mark Swartz. Navigated extensive national media coverage, and facilitated decision by New York prosecutors not to pursue jury tampering charges.

Publications

• Construction Contracts: Pay Attention to the Billing, The Newsletter (Summer 2000)
• Closing the Deal with a Handshake: The Enforceability of Oral Contracts, Business Profile (Jan/Feb 1998)
• Hosting A Party? Maine's Liquor Liability Law Applies to You, MSBA "Ask a Lawyer" Column (1994)
• The Law of Home Construction Contracts, The Maine Subcontractor (September 1990)
• The Physician's Dilemma: Treating Newborn Infants with Congenital Birth Defects, 8 New Hampshire Trial Bar News 39 (Fall 1988)

Professional Memberships

• American Bar Association
• Maine State Bar Association
• Cumberland County Bar Association
• Maine Trial Lawyers Association
• Maine Association of Criminal Defense Lawyers
• Edward T. Gignoux Inn of Court
• Local Rules Advisory Committee of the U.S. District Court for the District of Maine

Civic Involvement

• Chair (3^rd Term), Cumberland County Civic Center Board of Trustees (Trustee since 2002)
• Member, Building Committee for $33 million renovation to Cumberland County Civic Center (2011)
• Chair, Joint Task Force with City of Portland, Cumberland County and Portland Pirates AHL hockey franchise appointed to explore long-term renovation options for Cumberland County Civic Center (2007-2010)
• Head Coach, 2-Time State Champion Scarborough Little League All Star Team (2010 and 2011)
• Board of Directors, American Legion Baseball (Libby-Mitchell Chapter) (2003-present)
• Member, Portland Regional Chamber of Commerce Policy Soundings (2005-2006)
• Board of Directors and Coach, Scarborough Little League (2004-present)
• Board of Directors and Coach, Scarborough Kids' Travel Baseball (2005-present)
• Member, Scarborough Zoning Board of Appeals (1998-2003)
• Assistant Coach, Scarborough/Gorham American Legion Baseball Team (2001-2002)
• Trustee, Scarborough Public Library (1998-1999)
• Candidate for Cumberland County District Attorney (1998)
• Steering Committee, Maine Week Without Violence (1998)
• Instructor, Junior Achievement (1995-1996)
• President, Southern Maine Men's Baseball League (1993-1994)
• Judge, Maine State High School Mock Trial Program
• Judge, University of Maine School of Law Moot Court Program