Hiram B. Carey III

Partner

  • Overview

    Biography

    Hiram (Ted) Carey represents clients in litigation involving pharmaceutical tort, personal injury, corporate, commercial, employment, intellectual property, land use, constitutional rights, and products liability. He has comprehensive courtroom experience, having personally conducted numerous jury and bench trials throughout the country. He is a member of the Massachusetts and Connecticut bars and has been admitted to practice before the federal district courts of Virginia, Hawaii, Nevada, Rhode Island, Colorado, Washington, Connecticut, and Massachusetts; the Courts of Appeals for the First, Second, Ninth, and Federal Circuits; and the United States Supreme Court.

    Most recently, Mr. Carey has concentrated on litigation involving constitutional land use and RLUIPA (Religious Land Use and Institutionalized Persons Act) claims and has had leading roles in mass pharmaceutical tort claims. He represented Boulder County, Colorado, involving claims brought under RLUIPA and various constitutional provisions-litigation that was recently tried to a verdict and appealed to the Tenth Circuit Court of Appeals. He also played an integral part in the firm's involvement in multidistrict litigation involving pharmaceuticals and has played a prominent role in the ongoing phenylpropanolamine multidistrict litigation and prosecution of individual clients' phenylpropanolamine claims. Mr. Carey continues to utilize his experience in corporate and commercial litigation, including disputes involving trade secrets and unfair competition, corporate control issues, intellectual property claims, and officers and directors liability issues.

    Mr. Carey also has considerable experience in the area of Alternate Dispute Resolution (ADR). During his 38 years of litigation experience, he has participated, primarily as a party representative but also in a mediator role, in literally hundreds of mediation sessions. He also successfully completed the week-long Harvard Law School Mediation Workshop and, as a result, meets most jurisdictions' requirements to engage in a mediation practice. In addition, his experience on a wide variety of litigation matters for both plaintiffs and defendants during the course of his career, makes him ideally suited to conduct Early Neutral Evaluation, an ADR process that has had interesting and surprisingly successful results in a number of United States District Courts and state trial courts.

    Early in his career, Mr. Carey gained national prominence in constitutional land use and zoning litigation, having successfully defended the City and County of Honolulu, Hawaii, in over a dozen cases with potential damages in the hundreds of millions of dollars, all claiming inverse condemnation and other constitutional violations arising out of changes in the city's land use regulations. His extensive litigation experience led to representation of numerous municipalities throughout the country concerning various claims involving the design, implementation, and enforceability of land use regulations. He is also actively involved in crisis management, emergency response, and business continuity planning.

    Mr. Carey has lectured on various substantive and procedural aspects of trial practice and technique, as well as constitutional land use and zoning litigation, in various programs sponsored by local, state, and national bar and professional associations throughout the country. Mr. Carey joined Robinson+Cole in 1974, became a partner in 1980, and served as the firm's managing partner from 1988 to 1991. He has been a resident of the firm's Boston office since its opening in 1993.

  • Experience
    • Experience

      Experience

      • Represented Boulder County, Colorado, in defense of a claim under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) in federal district court. This jury trial involved complex federal and local issues of religious rights under the U.S. Constitution and RLUIPA, as well as the interests in Boulder County, in furthering the objectives of its comprehensive plan and consistent land use regulations. The principal issue, of national importance, was whether a megachurch can double in size to more than 200,000 square feet in contravention of local planning and regulations. Robinson & Cole won jury verdicts on multiple federal and state constitutional claims and one claim brought under RLUIPA. While the jury found for the church on three RLUIPA claims, the jury awarded no damages. The 10th Circuit upheld the jury verdict.
      • Representation of a village and its officials in U.S. District Court for the Southern District of New York in a Religious Land Use and Institutionalized Persons Act case.
      • Representation of City of Biloxi in connection with an inverse condemnation claim filed in Mississippi state court, which was tried to a jury and won.
      • Representation of the Town of Brookhaven in New York in connection with an inverse condemnation case pending in New York Supreme Court.
      • Representation of the City of El Paso, Texas, regarding its exposure in an existing case in state court claiming flood damages resulting from the failure of one or more large retention ponds within the city's active landfill.
    • Professional Associations

      Professional Associations

      American Bar Association (1974 - present)

      Connecticut Bar Association (1974 - present)

      Boston Bar Association (1993 - present)
    • Honors + Awards

      Honors + Awards

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the areas of Pharmaceutical Products Liability; Litigation; Zoning, Planning and Land Use Law; Intellectual Property Law; Products Liability; Commercial Law; and Insurance Law (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

  • NEWS + PRESS
    • Presentations

      Presentations

      "Update on the Religious Land Use and Institutionalized Persons Act (RLUIPA)," co-presented with Karla L. Chaffee and John F. X. Peloso Jr. (9/23/2016)
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      "RLUIPA Defense: Avoiding and Defending RLUIPA Claims," co-presented with Evan J. Seeman and Karla L. Chaffee, spoke at the Touro Law Center's Land Use and Sustainable Development Law Institute's inaugural Bagels with the Boards CLE (2/27/2015)
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      "Religious Land Use and Institutionalized Persons Act Claims: Strategies for Local Governments to Avoid or Defend RLUIPA Actions," co-presented with Dwight H. Merriam, Karla L. Chaffee, Evan J. Seeman and John R. Bauer, William J. Kelleher III, webinar, presented by Strafford Publications (3/13/2012)

    • News

      R+C in the News

      • October 4, 2016

        Land Use Litigation Lawyers Present at Touro Law Center

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      • March 6, 2015

        Land Use Lawyers Present at Touro Law's Bagels with the Boards CLE

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      • March 30, 2012

        Trial and Land Use Lawyers Present Webinar on Religious Land Use and Institutionalized Persons Act

      • February 22, 2012

        Attorneys Work to Encourage More Funding for Civil Legal Aid

        • » more info
      • August 2, 2011

        Robinson & Cole Attorneys Win Against Challenge to Subdivision Approval

        • » more info