Javier F. Flores is a partner and practiced litigator with significant experience defending a wide variety of civil matters, including products liability, food-borne illness, mass tort, premises liability, and class action claims. Javier has successfully litigated cases throughout the country on behalf of a broad range of defendants, ranging from Fortune 500 companies to small businesses.
Javier oversees a prominent health information management provider's class action and tort litigation in multiple jurisdictions. In this capacity, he has helped to develop their legal and substantive defenses to claims asserted on a number of different theories. Further, he has successfully obtained numerous dismissals in various state and federal courts on their behalf.
As Regional Counsel for a major aviation manufacturer, Javier is responsible for the coordination and management of the client’s litigation throughout the Northeast and Midwest. In addition, he serves as a member of the national trial team, and has extensive experience with expert witness and corporate representative development.
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, et al. (1st Cir. 2019)- Briefed and argued opposition of distributor, MetalForming, to foreign manufacturer’s Motion to Dismiss for lack of personal jurisdiction. A decision from the 1st Circuit Court of Appeals is forthcoming.
- 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 companies in the food industry, amongst others. He is also the National Secretary of the Hispanic National Bar Association.
Javier is co-chair of the firm's Diversity & Inclusion Committee, and has been a featured conference speaker on the topic of diversity.
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.