Mr. Fitzhugh was the founding member and senior partner of his own law firm for 32 years, specializing in the defense of major corporations at the trial and appellate level. Attorney Fitzhugh has obtained defense verdicts in jury trials in Massachusetts, Connecticut, Maine and Rhode Island, including four wrongful death cases and multiple complex product liability cases. He has also obtained numerous defense rulings in NASD arbitration cases alleging violations of securities laws. He has twice been recognized as having obtained among the most significant defense verdicts of the year by Massachusetts Lawyers Weekly.

Mr. Fitzhugh's experience also includes defending discrimination cases in all forums. He has obtained defense verdicts in two race discrimination cases brought by long-time employees. In one example, Attorney Fitzhugh served as trial counsel for American Airlines in the first jury trial involving claims of race discrimination by an airline passenger after 09/11 based on "racial profiling." Specifically, a passenger alleged employee misconduct based upon "racial profiling," after the passenger was denied boarding on the flight for being perceived as a potential security risk. The First Circuit Court of Appeals ultimately issued the most significant opinion to date regarding an airline's discretion to enforce its security measures. Cerqueira v. American Airlines, which can be viewed at its link on this page.

Attorney Fitzhugh is currently engaged as a consultant for a number of corporations and law firms that seek the guidance and experience of a seasoned trial and appellate attorney.

Reported Decisions Include

• Holland v. Singleton And American Airlines, Middlesex Superior Court (2009). Defense verdict in favor of American Airlines in wrongful death case alleging that its employee became intoxicated while at work and later killed plaintiff's decedent while driving home after work.

• Cerqueira v. American Airlines, Inc., 520 F.3d 1 (1st Cir.2008), reh. en banc den., 520 F.3d 20, cert. denied, 129 S.Ct. 111 (2008). Reversal of jury verdict against American Airlines, entering judgment in favor of AA on claims of racial profiling in first post 09/11 jury case on this issue of a commercial airline's right to remove a passenger as a potential security risk.

• Woghiren v. Wyeth, USDC of Massachusetts No. 04-12148 (2006). Defense verdict in wrongful termination case brought by client's long employed scientist alleging race discrimination

• Pelletier v. Main Street Textiles, et al., 470 F.3d 48 (1st. Cir.2006). Defense verdict in premises liability case brought by employee of client's contractor rendered a quadriplegic from accident occurring during rigging work at client's factory while using a forklift without an overhead guard and allegedly in violation of OSHA. Designated as one of the "Top Defense Verdicts" of the year by Massachusetts Lawyers Weekly.

• Johnson v. American Airlines, USDC Maine (2003). Defense verdict in wrongful death case alleging that client's pilot was negligent in failing to divert flight for an early landing after passenger suffered a heart attack and later died from heart failure.

• Garcia v. Ford Motor Company (2002). Defense verdict in product liability action brought on client's alleged failure to properly design a truck's braking system, arising out of plaintiff sustaining traumatic amputation of his dominant hand after vehicle rolled over on the pavement due to brake failure.

• Ferguson v. Host International Services, Inc., 53 Mass.App.Ct. 96 (2001). Case involving employee handbooks as affording contractual rights notwithstanding disclaimer that none were afforded.

• Watson v. Eastman Kodak Company, 235 F.3d 851 (3rd Cir.2000). Judgment on the pleadings granted in client's favor without any discovery in race discrimination case where employee failed to file administrative action after being reasonably on notice of termination.

• Thomas v. Eastman Kodak Company, 18 F.Supp.2D 129 (D.Mass. 1998), rev'd 183 F.3d 38 (1st Cir.1999). Defense verdict wrongful termination case after summary judgment in the client's favor reversed and remanded the case for trial, and notwithstanding jury instruction given, as ordered by the First Circuit, that "subconscious racial stereotypes" could form the basis for Title VII liability.

• Sacchetti v. Ford Motor Company, Norfolk Sup. Ct. (1997). Defense verdict in favor of Ford Motor Company in product liability action alleging defective passive restraint system.

• April v. Lombardi Oil Company, Essex Superior Court (1995). Defense verdict in wrongful death case alleging that client's improper servicing of oil burner caused a fire resulting in plaintiff's decedent perishing due to inability to escape from the home. Designated as one of the "Top Defense Verdicts" of the year by Massachusetts Lawyers Weekly

• Durniak v. Winter And Sons, Inc., 222 Conn. 775 (1992). Defense verdict in wrongful death case after remand for trial by the Connecticut Supreme Court, alleging client's negligent failure to maintain the work site caused plaintiff's decedent to fall through an improperly secured hole in the floor and subsequently perish from closed head injuries.

• Tracy v. Ford Motor Company, Hartford Superior Court (1997). Defense verdict in favor of Ford Motor Company in a product liability action alleging design defect of a passive restraint system, one of the first "airbag" cases to go to a jury trial.