Marc Diller

marc diller, founder, diller law, p.c., personal injury attorney

50 Congress St. STE 420
Boston, MA
Phone: 617-523-7771
Email: mdiller@dillerlaw.com

BAR ADMISSIONS

  • Massachusetts
  • U.S. District Court District of Massachusetts

EDUCATION

  • Suffolk University Law School, Boston, Massachusetts (Juris Doctorate, Cum Laude)
  • University of Michigan, Ann Arbor, Michigan, B.A. English and Communications (Cum Laude)

ACCOLADES

SPEAKING ENGAGEMENTS

  • Guest, Counsel to Counsel podcast: Episode 113-From Litigation to Trial Consulting with Marc Diller
  • Panelist, Excelling in a Hybrid Workplace, Suffolk University Law School (March 2, 2023)
  • Co-panelist, Webcast program: Litigators’ Guide to the Alphabet of Torts, MCLE (Dec 6, 2022)
  • Panelist, Attorney-Conducted Panel Voir Dire Demonstration: Confronting Implicit and Explicit Bias. Massachusetts Bar Association (“MBA”) (April 27, 2022)
  • Co-Presenter, View From The Bench, The Practical Use of Current and Future Technologies in State Court Proceedings. Massachusetts Bar Association (“MBA”) (Jan. 12, 2022)
  • Panelist, Jury Trials in the COVID Era, MBA (Dec 2, 2021)
  • Guest, Great Trials Podcast
  • Moderator, View From The Bench, Advancing Civil Cases During the Pandemic. MBA (Feb. 9, 2021)
  • Panelist Successful Dispute Resolution in the age of Covid, Massachusetts Academy of Trial Attorneys (“MATA”) (Jan. 20, 2021)
  • Panelist, The New Reality: Online Dispute Resolution: Tips, Traps and What’s New in Civil Litigation MBA (Jan. 13, 2021)
  • Speaker, 6 “P’s” to get Paid Post Pandemic, MATA (Jan 9, 2021)
  • Presenter, Panel Voir-Dire Bench-Bar Workshop, presenter to 30 judges and 100 lawyers. (Oct 24, 2019)
  • Strategies for Recognizing Implicit Bias and Utilizing New District Court Jury Instructions; Greater Newburyport Bar Association (Nov. 19, 2019)
  • Panelist Multi Practice Trial Experience, MATA 2019 Annual Convention

MEMBERSHIPS

  • President Elect, Massachusetts Academy of Trial Attorneys (2023-2024)
  • Treasurer, Massachusetts Academy of Trial Attorneys (2022-2023)
  • Chair, Judicial Administrative Council Massachusetts Bar Association (2021-2022)
  • Secretary, Massachusetts Academy of Trial Attorneys (2021-2022)
  • Faculty at Trial School
  • Boston Bar Association
  • American Bar Association
  • Boston Inn of Courts
  • Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum

On May 15, 1992, Marc Diller was a senior in high school in Brookline, MA. Brookline’s local paper, The Brookline Citizen, profiled Marc Diller as its Brookline Student of The Week. The article was titled, “Diller, an attorney in training”.

Even back then, Marc’s passion for service and the law was evident.

Nearly 30 years later, Marc uses that passion to deliver safety and justice to his clients.

Marc helps people and their families during their most vulnerable times. It’s his ethos to hold corporations and insurance companies accountable for wrongdoings. Marc fights corporate and individual wrongdoers when it results in wrongful death or catastrophic injury.

Marc doesn’t back down from the fight. Throughout his 20+ year career, Marc has held property owners, who maintain dangerous conditions, accountable for their wrongdoings. He has made companies take responsibility for the death or losses that result from making, designing or selling dangerous products. Marc also makes employers on construction sites answer for unsafe work conditions. When motorcyclists, pedestrians, bicyclists and those in cars are killed or injured by dangerous drivers and the companies that employ them, Marc seeks justice. He goes after the drunk, distracted and drowsy drivers, the companies that employ them and the restaurants, bars, and clubs that ignore safe service practices and let drivers drive dangerously.

“Our client’s trust us to do right by them,” says Diller “and I insist that all Diller Law, LLP’s lawyers care about safety and accountability in our community.”

Marc grew up in Brookline, MA, the son of a lawyer and an educator. At the University of Michigan, Ann Arbor he wrote for the Michigan Daily newspaper, majoring in English and communications. From there, he went to Suffolk University Law School, his father William’s alma mater. Marc worked with his dad at the Law Offices of William Diller starting in 1997. William mentored Marc until 2013.

Marc learned a lot from William’s 40+ years experience in law. William was the editor-in-chief of the Suffolk Law Review (’69), clerked for Justice Reardon at the Massachusetts Supreme Judicial Court (’70), was an associate at one of Boston’s premier law firms, and during William’s 40 years in private practice, he handled many complex and significant personal injury cases.

In 2013 Marc started DILLER LAW, LLP

Marc’s aggressive, yet practical approach to litigating and resolving personal injury cases has earned him recognition from his peers in the legal community.

Professionally, Marc serves on numerous legal organizations and committees dedicated to the ethical and competent litigation of cases as well as the proper administration of justice.

Personally, Marc is the father of three children. He coaches recreational basketball for his sons. In his free time, Marc enjoys golfing and watching movies.

Lawyers all over the country consult Marc, who has appeared in State and Federal trial courts as well as our State’s appellate court.

Selected Recent Cases

Wrongful Death of a Child Pedestrian

During trial, the parties entered into a confidential settlement for the family of the child tragically struck and killed by a corporate truck operated by a company employee.

Slip and Fall Caused by Careless Nursing Home Facility Left Client in Wheelchair

Marc Diller and Sarah Howie obtained a jury verdict in Lawrence Superior Court totaling $945,000, inclusive of interest, on behalf of their 89 year-old client. When Diller’s client was 21, a medical condition required her to undergo a below knee amputation. She successfully used a prosthetic device for the next 60+ years until the Edgewood Retirement Community failed to treat the ice in between the handicap parking spots of the lot outside the independent living buildings, where client lived. Edgewood is in Andover, MA. The client slipped, fell and broke her leg above the knee on the same leg where she had the amputation. Surgery was required to fix the leg. The post-surgical anatomical change above the client’s left knee left her wheelchair bound and unable to use a prosthetic device. As a result, the client could not move back to the independent living community and was required to move into the assistedliving community. The client lost a lot – her mobility, her community and her ability to go see her three daughters at their homes as none of them had wheel chair accessible homes/bathrooms etc. Edgewood hired a medical expert to testify that the client’s loss of mobility and loss of independence had nothing to do with her above knee fracture.

Wrongful Death of Family’s Matriarch caused by Defective Product

During trial, the parties entered into a confidential settlement for the family of a grandmother, mother and wife, who was tragically killed by an unreasonably dangerous product.

Wrongful Death Caused by a Drunk Driver

Marc represented a 70+ year old single man, who tragically died with no wife or kids.  On behalf of the surviving siblings, Marc negotiated a policy limits settlement against the drunk driver’s primary insurance policy and the drunk driver’s company policy.

Wrongful Death Caused by a City Employee

Marc represented the family of a mother and wife who was tragically killed as a pedestrian when she was struck and killed by a city employee.  Marc negotiated policy limit recoveries for the estate as well as separate recoveries for the husband and children under theories of negligent infliction of emotional distress.

Manufacturer of product caused catastrophic injuries

A confidential settlement was entered with a manufacturer of a product that caused catastrophic injuries to our client. The case was particularly challenging because the actual product that resulted in our client’s death was misplaced while lifesaving efforts were being performed. The manufacturer claimed without the product, a jury would not hold them accountable. However, through extensive research, we were able to obtain the exact serial number of the product by obtaining the sales receipt of where it was purchased. After obtaining the sales receipt, we were able to show the product was on a production line that made other defective products. The case was settled at mediation.

Manufacturer and Distributor Accountable For Not Fixing Known Problem

Marc represented a worker killed by a defectively designed machine. Marc claimed that the machine manufacturer did nothing to fix a known problem that caused other workers catastrophic injuries in the past. During trial, the machine manufacturer and their distributor settled.

Property Owner Failed To Take Security Measures In Parking Area

Marc represented a customer physically attacked in a shopping plaza’s garage. Marc identified a history of criminal activity occurring in the exterior parking areas. Marc alleged that the property owner failed to deter criminal activity through various recommended security practices intended to protect customers from foreseeable criminal activity occurring in the parking areas. Predictably, a customer was physically assaulted and robbed by an unidentified criminal in the parking area. On the eve of trial, Marc procured a settlement for the injured customer.

Contractors Responsible For Heavy Machinery Tip Over Resulting In Injury

Marc represented a construction worker injured on a construction site. At trial, Marc showed that the contractors responsible for safety on the job site failed to implement recommended safety measures intended to prevent heavy machinery tip overs. Predictably, the heavy machinery tipped over resulting in serious injury to a worker. During trial, Marc procured a settlement for the injured worker.

Landlords Accountable For Slip and Fall Tenant Injury

Marc helped a woman hold her landlords accountable after the landlords chose not to make the common area driveway safe for winter. When the water trapped in the outdoor faucet and hose at the base of the driveway froze, expanded, thawed and burst out of the hose, a layer of dangerous ice formed at the base of the driveway. When the tenant returned home at night, she slipped and fell on the ice and suffered permanent injury to her right knee and leg.

Major League Baseball Club Now Must Protect Its Fans

Marc represented a fan struck by a foul ball at Fenway Park in a section of the stadium not protected from foul balls. The Red Sox believed they were immune from protecting fans from dangerous foul balls anywhere other than the backstop. Marc, however, challenged the Red Sox interpretation of the law and defeated motions to dismiss and motions for summary judgment filed by the Boston Red Sox. As a result of this case, the Court ordered that the Red Sox now have a legal duty to protect fans from unreasonably dangerous foul balls in sections of the ballpark where the fans deserve protection. After Marc filed this case, the Red Sox and other Major League baseball clubs prioritized fan safety and expanded netting at Major League ballparks around the league

Adult Day Care Center Injures Patient

Marc helped an elderly woman hold an adult day care center accountable after it chose to use an incompetent medical transportation company to drive its patients to and from the facility. The incompetent medical transport company did no background checks nor safety training for its medical transport drivers. One driver chose not to secure Marc’s client in her wheelchair causing her to be thrown out of her wheelchair during transport. His client suffered a severe gash in her leg that could not heal and required above the knee amputation. Her injuries were preventable if the day care hired safe and competent transportation companies. The case settled one week before trial.

Chuck E Cheese playground Injures Child

Marc helped a young boy hold Chuck E Cheese accountable after it did not inspect and maintain its indoor playground equipment. Chuck E Cheese left a torn mat inside its playground equipment next to an exposed screw, sharp side up. A young boy tripped on the mat and fell toward the exposed screw. The boy gashed his forehead resulting in a facial scar. Marc tried the case to verdict in Suffolk County and the jury held Chuck E Cheese responsibility for the full measure of the boy’s damages.

Chinese Manufacturer, Designer and Seller Responsible For Unsafe Fishing Rod

Marc brought a Product Liability claim against the Chinese manufacturer, designer and the local seller of an unsafe fishing rod which broke under low tension resulting in shrapnel from the rod striking the eye of the fisherman using the rod. Plaintiff’s expert was prepared to testify that the defendants did not test the product to its minimum recommended line strength and the unsafe rod fractured because the composite materials were too weak not to fracture under stress below the recommended line strength. Before trial, at a pre-trial mediation, the case settled.

Teenage motorist injures Motorcyclist

Marc represented a motorcyclist who suffered a severe wrist injury resulting in multiple surgeries and permanent disability. At trial, Attorney Diller showed that the teenage motorist pulled in front of the motorcyclist and left the motorcyclist no time to react causing plaintiff to be ejected from the motorcycle over the defendant’s car and onto the highway pavement. After five days of trial the case settled.

Jury Verdict in fall on unsafe property

Marc brought a premises liability claim on behalf of a real estate agent against the owner of a real estate agency who left open and unguarded an unsafe trap door in the back office’s floor. Plaintiff represented the real estate agent who fell through the unguarded hole in the floor and suffered multiple injuries over his body including, most significantly, a shoulder injury requiring surgery. The Defendants contested liability and alleged comparative fault against the plaintiff. After trial, Marc secured a jury verdict on behalf of the plaintiff real estate agent.

Drunk Driver injures pedestrian

Marc brought a liquor liability claim against a restaurant which over-served a customer who left the restaurant, drove two miles down the road and ran over the pedestrian resulting in the driver’s third drunk driving conviction. Plaintiff’s expert was prepared to testify that even though there was no blood alcohol tests for the drunk driver, the drunk driver would have been showing signs of intoxication at the time he was last served alcohol comparable to those signs he showed at the scene of the collision. At a pre-trial mediation, the case against the restaurant settled.

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