Wistow Can Still Make Millions Off the Washington Bridge Case

GoLocalProv News Team

Wistow Can Still Make Millions Off the Washington Bridge Case

Attorney Max Wistow PHOTO: GoLocal
As GoLocal first reported last Friday, Max Wistow is off Rhode Island’s litigation team on the Washington Bridge, but documents secured by GoLocal unveil that Wistow can still make millions.

Wistow, the high-profile litigator, was the lead attorney on the State of Rhode Island’s lawsuit against 13 different contractors for their involvement in the failure of the Washington Bridge.

GoLocal secured a copy of the new agreement between Governor Dan McKee and Attorney General Peter Neronha, and the law firms show that “Wistow may receive up to two and two-thirds percent (2⅔%) of the total recovery…”

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If the recovery by the state is hypothetically $100 million, Wistow could receive approximately $2,666,000.

Wistow was replaced in the case with Cohen Milstein.

Players involved in the case have been tight-lipped on Wistow's departure.

 

No RFP

The selection of Cohen Milstein was made without a formal request for proposal process — no RFP and no bids were taken.

Rhode Island Attorney General Peter Neronha’s office who is overseeing the case said, “State procurement law does not require an RFP for retention of confidential legal services, legal experts, or consultants.  That said, our Office interviewed several firms before selecting Cohen Milstein as the best firm to represent the state.”

Cohen Milstein claims it is “recognized as one of the largest and most diversified plaintiff-side litigation firms in the country — with over 100 attorneys in offices in Washington, DC, New York, Philadelphia, Boston, Chicago, Minneapolis, Palm Beach Gardens, and Raleigh.”

This revised agreement replacing Wistow with Cohen Milstein was signed by McKee on October 31, 2024.

Cohen Milstein and Savage Law Partners will split the other 14% of any funds recovered.

The court will approve any final distribution.

 

L-R Chief of staff Antonio Afonso and Governor Dan McKee PHOTO: GoLocal
Wistow Led Efforts on 38 Studios and St. Joseph Pension Fund

Wistow led the state’s effort to recover damages from the 38 Studios debacle. In that case, Wistow pursued action not only against a range of companies but also against individuals involved in the failure of the gaming company created by former Boston Red Sox great Curt Schilling.

After legal fees — a total of $11.34 million to Wistow -- Rhode Island recovered $49.66 million in settlements in the 38 Studios litigation.

One of the companies that settled with the state was Hilltop Securities, which paid $16 million. The firm was formerly First Southwest Company.

In 2023, Hilltop raised red flags about financing the Pawtucket soccer stadium project.

Wistow also secured payments from Antonio Afonso, Jr. and Moses Afonso Ryan Ltd. for $4.4 million in addition, in June 2014, Antonio Afonso, Jr. and his then-law firm Moses Afonso Ryan Ltd. settled for $4.4 million.

Today, Afonso is McKee’s chief of staff.

The other recent high-profile case by Wistow was the effort on behalf of the receiver of the failed St. Joseph Pension Fund.

Wistow served as special prosecutor and helped to recover approximately $50 million for the depleted pension fund.

In January 2021, GoLocal was the first to report that St. Joseph’s failed pension fund had reached an agreement with a number of litigants, including the St. Joseph Hospital's former owner, CharterCARE/Prospect Medical Holdings.

That agreement did not include the Diocese of Providence, which, at the time, refused to participate in negotiations.

The settlement announced in 2021 for $30 million did not include legal fees and bolstered the total amount recovered for the past three-plus years to $47 million.

Then, in August of 2023, the Diocese agreed to settle for just $2.5 million.


Washington Bridge Failure Timeline

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