J. NATHAN COLE is a graduate of Bates College, B.A., 1997, and Boston College Law School, J.D., 2003. After graduating from BCLS, Nathan served as an Attorney-Advisor in the United States Department of Commerce, Office of General Counsel, Ethics Division, in Washington, D.C. Nathan left the Department of Commerce to serve as a law clerk to the Justices of the Massachusetts Superior Court (2005-2006). Nathan is experienced in a wide range of civil litigation including general liability, premises liability, construction liability, professional liability, insurance coverage and personal injury cases. Nathan has tried small claim, district and superior court cases throughout the Commonwealth. Nathan is admitted to practice law in Massachusetts and in the United States District Court for the District of Massachusetts and is a member of the Massachusetts Bar Association. He most recently practiced at Tucker, Heifetz & Saltzman, LLP, in Boston, MA.
Nathan has been named to the Massachusetts Super Lawyers Rising Stars list for three consecutive years (2013-2015). Each year, no more than 2.5% of lawyers in the Commonwealth are selected by the research team at Super Lawyers to receive this honor. In 2014, Nathan also achieved a Martindale-Hubbell Peer Review Rating of AV® Preeminent™, the highest possible rating.
In 2015, Nathan was accepted for membership in the International Association of Defense Counsel (IADC). Formed in 1920, the IADC is comprised of approximately 2,500 invitation-only, peer reviewed corporate and insurance lawyers and insurance executives. They are partners in large and small law firms, senior counsel in corporate law departments, and corporate and insurance executives. Members represent the largest corporations around the world, including the majority of companies listed in the FORTUNE 500. Nathan is presently serving as Vice Chair of the Trial Techniques and Tactics Committee and member of the 2016 annual meeting CLE steering committee.
In August 2015, Nathan was selected to attend the 43rd Annual IADC Trial Academy at Stanford University Law School in Palo Alto, CA. The IADC Trial Academy is one of the oldest and most respected programs for developing defense trial advocacy skills.
While a sophomore at Bates College, Nathan obtained his United States Coast Guard Master of Near Coastal Steam or Motor Vessels captain’s license for vessels up to 100 tons. For several summers, Nathan served as the captain of the M/V Pilgrim Explorer, a tour boat based out of Plymouth, MA. He now lives on dry land in Roslindale, MA, with his wife, Kristen Binck, the Director of Legal at Oxford Properties Group’s Boston office, and their two daughters, Grace and Amelia.
Trial Victories and Reported Decisions
Nathan has obtained numerous victories and favorable settlements on behalf of his clients.
Siracusa v. DeMoulas Super Markets Inc., and Goddard Bros., Inc., C.A. NO.: 2014-00053
On March 18, 2016, Nathan obtained a full defense verdict in favor of Goddard Bros, Inc., an Andover, MA, snow removal and landscaping company, in the Lowell Session of the Middlesex Superior Court, in Siracusa v. DeMoulas Super Markets Inc., and Goddard Bros., Inc., C.A. NO.: 2014-00053. Siracusa alleged that she sustained serious injuries when she slipped and fell in the parking lot of a Market Basket supermarket in Wilmington, MA. At the time of Siracusa’s alleged January 2013 accident, which took place several hours into an active blizzard, a crew of Goddard workers was in the process of using six pieces of snow removal equipment to clear the parking lot. Hours after the alleged accident, once the snow had stopped falling and plowing operations were finished, Goddard applied salt to the parking lot. Read the case report.
J. Brian Day, Inc. v. Allan Jacobs, C.A. No. 1057CV000561 (Thomas, J.)
On October 8, 2015, Heifetz Rose LLP Partner J. Nathan Cole obtained summary judgment on behalf of his client, J. Brian Day, Inc., a Bellingham, MA, company that provides emergency restoration services to commercial and residential customers, in J. Brian Day, Inc. v. Allan Jacobs, C.A. No. 1057CV000561 (Thomas, J.).
In June of 2009, Mr. Jacobs’ 40-year-old septic system suffered a catastrophic failure that caused several inches of highly contaminated waste water to flood his basement. Mr. Jacobs called J. Brian Day, and within hours a J. Brian Day team in hazmat suits arrived at the property and began an emergency cleanup of the basement. However, only weeks into what was estimated to be a months-long cleanup effort, Mr. Jacobs demanded that the J. Brian Day team cease cleanup operations and leave his property. It was undisputed that J. Brian Day had not yet completed the work at the property and had not certified the property as decontaminated when Jacobs threw them off the job. Moreover, it was undisputed that Mr. Jacobs never repaired the actual cause of the septic failure, and that his property continued to suffer from occasional septic spills years after the June 2009 release. Read the case report.
Carol O’Rourke v. Medford Associates Limited Partnership, Urban Retail Properties, LLC, and Greenwood and Sons, Inc., SUCV2013-00560 (Wilkins, J.)
On July 14, 2015, Heifetz Rose LLP obtained summary judgment on behalf of its client, Greenwood & Sons, Inc., a local landscaping, pavement, and snow removal contractor. Partner J. Nathan Cole obtained summary judgment in a negligence case entitled Carol O’Rourke v. Medford Associates Limited Partnership, Urban Retail Properties, LLC, and Greenwood and Sons, Inc., SUCV2013-00560 (Wilkins, J.). In O’Rourke, the plaintiff alleged that she was severely injured when she tripped and fell in the parking lot of the Meadow Glen Mall in Medford, MA. The plaintiff then sued the Mall, its property manager, and Greenwood & Sons, a subcontractor the Mall hired to repair the parking lot. Read the case report.
Belanger, et al. v. Boys in Berries, LLC, et al., Lawyers Weekly No. 12-070-15
On July 3, 2015, Heifetz Rose LLP Partner J. Nathan Cole obtained a summary judgment on behalf of his client, Boys In Berries, LLC d/b/a Ward’s Berry Farm, a Sharon, Massachusetts pick-your-own-fruit orchard, in Maria Belanger and Ray Belanger v. Boys In Berries, LLC, SUCV2012-04432 (Ullmann, J.). The plaintiff, a customer at the orchard, claimed she tripped and fell over the corner of a wooden pallet at the end of the checkout counter. Read the case report.
MA Dept. of Industrial Accidents v. Eugene P. Costa v. Lewis Gammons Ins. Agency, Inc., SUCV2013-02041
On May 18, 2015, in MA Dept. of Industrial Accidents v. Eugene P. Costa v. Lewis Gammons Ins. Agency, Inc., SUCV2013-02041, Nathan obtained summary judgment on behalf of his client, a Massachusetts insurance agency, on all counts of the Third-Party Complaint. The Third-Party Plaintiff, Mr. Costa, owned a trucking company and had over 40 years of experience in interstate trucking. He alleged that the Gammons Insurance Agency negligently failed to advise Costa that his truck drivers were not, as Costa had elected to classify them, 1099 independent contractors but rather employees. Read the case report.