ERIC A. NISSEN

Eric A. Nissen, Esquire, brings over five decades of legal experience to Mello Law Offices, where he represents clients in both personal injury and civil litigation matters. Known for his steady demeanor, meticulous preparation, and exceptional courtroom skills, Eric has long been a pillar of the Massachusetts legal community.

He has successfully handled a wide array of complex cases—from medical malpractice and tort actions to high-profile criminal appeals—demonstrating unmatched versatility and a deep understanding of the law.

Notable Cases

Mulroney v. Middlesex Ob-Gyn, Inc. et al (1983)

This 4-week trial before Judge J. Walter Steele concerned allegations of medical malpractice against several doctors which resulted in the Plaintiff’s baby being born as a quadriplegic. The verdict of $5,000,000.00 for the Plaintiff was one of the largest in Massachusetts at the time.

Simmons v. Monarch Tool and Company (1989)

This product liability case involved theories of negligence and breach of warranty of fitness for a particular purpose and breach of warranty warnings. It involved an incident in which William Simmons, a Raytheon worker, while inspecting a missile part in an assembly line had a projectile shoot into his eye, causing total loss of vision. The claims were not per se against Raytheon, but rather against several companies, all but one of which settled prior to trial. The trial proceeded for several weeks against Monarch Tool and Dye Co., and the jury returned a verdict of $2,000,000.00+ (inclusive of interest). The Defendant appealed and the Supreme Judicial Court affirmed the verdict and re-stated in footnote 3 of the decision in which they stood by their powerful warranty warning standard as articulated in Hayes v. Ariens. This made Massachusetts the strongest state in the nation on the issue of warranty warning standards. Companies were held to provide warnings regardless of the state of the art.  Unfortunately, the SJC reversed or watered down this holding in a decades later decision.

Kotler v. American Tobacco Co et al (1990)

This was one of the first tobacco trials for cancer caused mortality caused by cigarette smoking. It was tried in Federal Court in Boston before Judge Walter J. Skinner, lasting approximately 3 weeks. Unfortunately, as Eric has been quoted as saying, “we were at the airport when the ship came in”.

The evidence against the three Defendant tobacco companies was severely limited by Restatement of Torts 402A comment i and Federal pre-emption. Several later trials in the Commonwealth found a way to carve out more direct theories of cigarettes being accepted as a defective and dangerous product which proximately caused lung and other cancers.

Recognitions

AV Preeminent Rating – Martindale-Hubbell®

Awarded annually from 2016 to 2025, this prestigious distinction recognizes Eric’s legal ability and ethical standards at the highest level.

America’s Most Honored Lawyers – Top 1%

Consistently named among the top echelon of attorneys in the United States for his professional achievements and long-standing impact on the legal field.

Bar Admission

Massachusetts, 1974

Education

B.A., Clark University (1971)

J.D., Suffolk University Law School (1974)