Javier F. Flores is a partner and practiced litigator with significant experience defending a wide variety of civil cases, including commercial matters and catastrophic injury cases.
Javier has successfully litigated cases throughout the country on behalf of a broad range of defendants, ranging from Fortune 500 companies to small businesses. He has extensive experience representing clients in product liability, class action, and general liability matters, as well as advising clients on additional insured and tender issues. Further, Javier has worked with startup companies to provide full-scale risk analysis and develop protocols to reduce future litigation and indemnity. Javier has also prevailed in appeals before the 1st Circuit Court of Appeals and the Supreme Court of Appeals of West Virginia.
Javier is co-chair of his firm's Diversity & Inclusion Committee, was a 2017 Leadership Council on Litigation Diversity (LCLD) Fellow, and has been a featured conference speaker on the topic of diversity. Additionally, he has served in numerous leadership positions in legal and civic organizations, including as National Secretary of the Hispanic National Bar Association (HNBA), and on the board of directors for the Massachusetts Association of Hispanic Attorneys (MAHA) and Inquilinos Boricuas en Acción (IBA).
In 2018, the Boston Business Journal recognized Javier as a 40 under 40 and he received the HNBA’s Regional President of the Year award. In 2017, Javier was appointed by Boston Mayor, Martin J. Walsh, as a Commissioner on the Boston Fair Housing Commission.
Javier’s Representative Cases include the following:
- Obtained summary judgment in class action matter alleging purported violations of state consumer protection statutes, via a decision by the West Virginia Supreme Court of Appeals, overturning the lower court's denial of summary judgment. MG+M successfully argued that the representative Plaintiff lacked Article III standing to assert a claim because his purported injury was contingent upon a future event.
- Prevented $14M subrogation claim against manufacturer of a $2M vertical lathe following a catastrophic failure through an aggressive and proactive pre-suit defense that included: (1) three week video-taped product disassembly performed by prospective parties’ experts pursuant to counsel’s protocol; (2) independent testing of key component to support theory of causation; and (3) development of evidence proving culpability of subrogor’s employees and in support of absolute legal defense.
- $13.85M premises liability claim against facilities maintenance provider arising from rodent infestation in the largest warehouse in North America. Javier effectively limited client’s liability to a small fraction of the overall risk through rigorous defense of the underlying claim and successful prosecution of a subrogation action to recover settlement proceeds.
- Summary judgment in $1.3M subrogation action on grounds that the claim was precluded by the waiver of subrogation clause contained in the design-build contract.
- Dismissal for lack of personal jurisdiction on behalf of a major aviation manufacture.
- Defense verdict in a slip and fall claim.
Published Decisions:
- Knox v. MetalForming, Inc., 914 F.3d 685 (1st Cir. 2019)- Briefed and argued successful appeal of the District Court’s dismissal of a foreign manufacturer for lack of personal jurisdiction, on behalf of their U.S. distributor.
- State ex rel. Healthport Technologies, LLC v. Stucky, 239 W. Va 239 (2017)- Obtained summary judgment in class action matter alleging purported violations of state consumer protection statutes, via a decision by the West Virginia Supreme Court of Appeals, overturning the lower court's denial.
In addition to his regular work schedule, Javier is a frequent contributor to MG+M’s blog, The Defense Litigation Insider, where he discusses issues relevant to his practice areas.
Javier received his B.A. from Kenyon College and his J.D. with Honors from the University Of Connecticut School Of Law, where he was an executive editor of the Connecticut Public Interest Law Journal.
Javier currently lives in Boston with his wife and two children.