Flynn Wirkus

Flynn & Wirkus is a sophisticated firm of trial attorneys dedicated to the successful practice of civil litigation through the aggressive and thorough representation of our clients. Our firm has extensive experience working with and representing insurers, railroads, as well as other businesses in heavily regulated industries. Our attorneys are not only seasoned litigators, but are also experienced in arbitration and mediation, and our firm offers arbitration services.

Since its inception in 1998, Flynn & Wirkus has established and expanded its versatile and diverse practice across the nation. We have experience in state and federal courts throughout the United States, having represented clients throughout all of the New England states, as well as in Arkansas, Illinois, Iowa, Kentucky, New Jersey, New York and Pennsylvania. Additionally, our firm is actively involved in the National Association of Railroad Trial Counsel and the American Short Line and Regional Railroad Association.

The representation we provide for our railroad and transportation industry clients focuses on the defense of FELA and other personal injury claims, which include occupational injuries and exposures, trespasser accidents, injuries arising from intermodal operations, grade crossing accident litigation and construction site accidents. The firm also represents various clients in commercial litigation matters involving property damage, intermodal matters, lease matters, indemnification and contractual disputes.

Our lawyers have extensive trial and litigation experience. We have collectively tried dozens of cases to verdict. We have also taken thousands of depositions and argued hundreds of dispositive motions. Our firm has significant experience advising and representing entities (primarily Fortune 500 companies, insurance companies and their insureds) in the defense of tort claims. Many of our cases involve complicated factual scenarios, as well as the analysis, interpretation and application of various contractual, statutory and regulatory requirements. We are also extremely experienced in analyzing complex legal issues, advising our clients as to the effects of various common law principles and developing strategies to deal with both favorable and unfavorable legal precedents. Much of our practice involves dealing with equipment and the issues pertaining to the design and performance of products and the defense of corporations in a wide variety of factual and legal contexts.

If you have a question concerning any of our areas of expertise, if you are seeking legal advice or are in need of legal representation, please contact the firm directly by telephone at (617) 773-5500. You may also reach us via facsimile at (617) 773-5510 or (877) 299-3962. Our highly trained and congenial staff of legal professionals is prepared to answer your questions and take care of your needs.

Newsworthy Events

  • 10/14/11 Facing $3.8 Million Demand, F&W Team Posts Another Defense Verdict - On October 14, 2011, an Erie County (NY) jury spent about an hour deliberating before returning a defense verdict for a F&W client, a short-line railroad, in a grade crossing case which took more than two weeks to try. The case was brought by a union electrician who on December 7, 2006, upon leaving his worksite at the Steel Winds windmill project, collided with a locomotive at a private crossing inside the former Bethlehem Steel plant in Hamburg, NY. Read More
  • 6/22/11 Michael Flynn and John Young secure Flynn & Wirkus's fourth consecutive FELA defense verdict - In Worcester Superior Court, Mike Flynn and John Young secured the fourth consecutive FELA defense verdict for F&W's clients. Plaintiff, an employee of a regional railroad with a history of significant pre-existing degenerative conditions in his shoulder and knee, alleged two separate workplace injuries resulting from two different incidences. Read More
  • 1/20/11 Defense Verdict in U.S. District Court - In January 2011, F&W attorneys Michael B. Flynn and Heather M. Gamache received a defense verdict in consolidated actions in favor of two railroad clients. In the first action, the plaintiff alleged that he developed osteoarthritis of the neck, knees, left thumb and left elbow as a result of repetitive workplace activities during the course of his 32-year career with the railroad. Read More
  • 9/1/10 - Mike Flynn and Lori Wirkus Negotiate Favorable Settlement in Wrongful Death Action - In September 2010, F&W attorneys Michael B. Flynn and Lori A. Wirkus negotiated a favorable defense settlement for an imminent trial case involving the Wrongful Death Act. Plaintiff's decedent, a former B&B Mechanic for a local railroad, was killed in an accident during a snowstorm. Read More
  • 7/29/10 - F&W Legal Team Obtains Summary Judgment in Multi-Million Dollar Wrongful Death Case - Members of the F&W legal team recently obtained summary judgment on behalf of a railroad in a wrongful death case. The decedent was struck while walking at night in the middle of the railroad's mainline track, facing away from oncoming train traffic. Read More
  • 6/11/10 - Favorable Defense Settlement Following Seven-Figure Demand - F&W attorneys Michael B. Flynn and Seth C. Turner recently obtained a favorable defense settlement after a four-day trial. The plaintiff, a former railroad conductor, allegedly injured his ankle while climbing over a fence to access a train separation. His initial ligament injury developed into a sympathetic nervous system disorder known as Complex Regional Pain Syndrome (formerly Reflex Sympathetic Dystrophy) Read More