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Justin T. Shay

Justin T. Shay

Of Counsel
Education
New York Law School (J.D.) Law Review
Providence College (B.A.)
Bar Admissions
Rhode Island
United States Supreme Court
U.S. Court of Appeals, First Circuit
U.S. District Court, District of Rhode Island
AboutAccomplishmentsPublicationsSeminarsAwardsAffiliations
Trusted Advisor. Proven Advocate.
Justin is a seasoned trial and appellate attorney with more than 40 years of experience representing businesses, financial institutions, insurers, healthcare providers and other sophisticated clients in
complex litigation, insolvency, regulatory and real estate matters. His practice focuses on commercial litigation, receiverships and insolvency proceedings, real estate title disputes and appellate advocacy.
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Throughout his career, Justin has appeared extensively before Rhode Island's state and federal courts, representing clients at every stage of litigation, from trial through appeal and administrative proceedings. His work has contributed to more than 50 reported decisions involving commercial, insolvency and real estate title issues.
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Widely regarded as one of Rhode Island's leading authorities on real estate litigation and title law, Justin has been retained as an expert witness and consultant by the State of Rhode Island and prominent law firms throughout the state. His expertise in title matters has also been recognized by the Rhode Island Supreme Court.
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Justin is frequently appointed by Rhode Island courts to serve in fiduciary capacities, including Receiver, Special Master, and Commissioner for the Sale of Real Estate. In these roles, he oversees the administration, preservation, and disposition of distressed businesses and properties in some of the state's most complex matters.
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In addition to his Rhode Island practice, Justin has substantial experience managing large-scale, high- stakes litigation. For more than two decades, he has coordinated the nationwide defense of a client involved in mass toxic tort litigation, directing legal strategy and overseeing multi-jurisdictional proceedings across the country.
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A respected speaker and educator, Justin regularly lectures on real estate litigation title law, and related legal issues for attorneys, land surveyors and other professionals throughout Rhode Island.
Accomplishments
Real Estate
  • The Dumplings Association, Inc. v. Coastal Resources Management Council and SHM Jamestown Boatyard, LLC, C.A. No. PC-2021-00296 (R.I. Super. Ct. Jan. 22, 2025) (expansion of marina).
  • Sisto v. America Condominium Ass’n, Inc., 68 A.3d 603 (R.I. 2013) (right to expand condominium unit).
  • Supulveda v. Litthisack, C.A. No. PC-2019-03728 (R.I. Super. Ct. June 25, 2025) (satisfaction of mortgages by conveyance).
  • Kilmartin v. Barbuto, et al., 158 A.3d 735 (R.I. 2017) (dedication of property to the public by plat).
  • Kilmartin v. Barbuto, 2014 WL 4488937 (R.I. Super, Sept. 4, 2014) (dedication of property to the public by plat).
  • Gardner v. Baird, 871 A.2d 949 (R.I. 2005) (adverse possession).
  • Inland American Retail Management LLC v. Cinemaworld of Florida, Inc., 68 A.3d 457 (R.I. 2013) (construction of commercial lease).
Real Estate Litigation
  • Stebbins v. Wells, 818 A.2d 711 (R.I. 2003) (purchase and sale/disclosure of defects).
  • Stebbins v. Wells, 766 A.2d 369 (R.I. 2001) (purchase and sale/disclosure of defects).
  • Rhode Island Council on Postsecondary Education, et al. v. Hellenic Society Paideia - Rhode Island Chapter, 202 A.3d 931 2019 WL 1120511 (R.I. 2019) (arbitration of lease/joint venture agreement).
Land Use
  • McElroy v, Stephens, 331 A.3d 972 (R.I. 2025) (access to beach pursuant to easement).
  • McElroy v. Stephens, C.A. No. WC-2014-0575, 2022 WL 1797537 (R.I. Super. Ct. Dec. 21, 2022) (access to beach pursuant to easement).
  • Michael R. McElroy, et al v. Edward Stephens, III, Alias, et al., 226 A.3d 1288 (1020) (access to beach pursuant to easement).
  • Rhode Island Mobile Sportsfishermen v. Nopes Island Conservation Association, 59 A.3d 112 (R.I. 2013) (easement by prescription/conservation land).
  • Phillip Pelletier v. Aphrodite Laureanno, 46 A.3d 28 (R.I. 2012) (easement v. license).
  • Tower v. Williams, 1986 WL 714363 (R.I. Super. Jan. 15, 1986) (easement).
  • Rhode Island Five v. Medical Associates of Bristol County, Inc., 668 A.2d 1250 (R.I. 1996) (easements/statute of frauds).
Zoning
  • Key v. Brown University, et al., 163 A.3d 1162 (R.I. 2017) (abutters’ right to declaratory judgment of zoning violations to support nuisance/negligence claims).
  • Washington Arcade Associates v. Zoning Bd. of Review of Town of North Providence, 528 A.2d 736 (R.I. 1987) (zoning/non-conforming use).
  • Sully Realty Associates v. Zoning Board of Review of Town of North Providence, 1984 WL 560320 (R.I. Super. Feb. 22, 1984) (sufficiency of decision of Zoning Board of Review).
Title Insurance Policy
  • Conn. Attorneys Title Ins. Co. v. Casmat, No 10-165, 2012 WL 366521 (D.R.I. 2012) (coverage under title insurance policy).
  • Smithfield Estates, LLC v. The Heirs of John Hathaway, et al., 2003 WL 26112031
  • (R.I. Super. 2012) (marketable record title act).
  • Mortgage Guarantee & Title Co. v. Cunha, 745 A.2d 156 (R.I. 2000) (title insurance company agency).
Tax
  • Smithfield Estates, LLC v. The Heirs of John Hathaway, et al., 2003 WL 3648434 (R.I. Super. 2011); amended 2011 WL 3651095 (R.I. Super. 2011) (tax sale, judgment, adverse possession).
  • 140 Reservoir Avenue Associates v. Sepe Investments, LLC, 941 A.2d 805 (R.I. 2007) (tax sales).
Banking and Finance
  • Lamarque v. Fairbanks Capital Corp., 927 A.2d 753 (R.I. 2007) (mortgage foreclosure/foreign judgment).
  • F.C.C., Inc. v. Reuter, 867 A.2d 819 (R.I. 2005) (mechanics’ liens).
  • In re Mossberg Reel & Stamping Co., Inc., 1991 WL 183909 (Bkrtcy. D.R.I. 1991) (lease/bankruptcy).
  • Ask Properties v. Olobri, 565 A.2d 873 (R.I. 1989) (municipal lien certificates).
Recognized Expert
  • Martin v. Wilson, 246 A.3d 916 (R.I. 2021) (Attorney Shay’s qualification as expert on Rhode Island real estate law confirmed by Supreme Court).
  • Martin v. Wilson, 2018 WL 4853638 (R.I. Super. 2018) (Attorney Shay qualified as expert on Rhode Island real estate law by Superior Court).
Publications
Prepared publications on Rhode Island real estate law for the Rhode Island Bar Association and numerous professional, continuing education providers
Seminars
Legal Descriptions, Title Insurance, and Surveys in Rhode Island Real Estate Transactions (National Business Institute)
Real Estate Boot Camp (National Business Institute)
Legal Descriptions, Title Insurance and Surveys in Real Estate Transactions (National Business Institute)
Boundary Issues: Resolving Client Conflicts (National Business Institute)
Title Law from Start to Finish (National Business Institute)
Resolving Title Issues: From Surveys and Liens to Restrictions and Authority (National Business Institute)
Practical Guide to Zoning and Land Use Law (National Business Institute)
Boundary Issues and Easement Law (National Business Institute
Title Law in Rhode Island (National Business Institute)
National Conference of Law Reviews Panelist, Value of Notes and Comments (National Conference of Law Reviews)
Resolving Title Issues (National Business Institute)
Practical Guide to Zoning and Land Use (National Business Institute)
Real Estate Litigation in Rhode Island (National Business Institute)
A Court's Eye View of Financial Consultants (with Superior Court Judges Hon. Michael A. Silverstein and Hon. Allen P. Rubine) (Turnaround Management Association)
Boundary Disputes: Resolving Client Conflicts (National Business Institute)
Resolving Rhode Island Real Estate Title Issues (Half Moon)
Real Estate Litigation in Rhode Island (National Business Institute)
Rhode Island Easements: Rights of Way and Other Encumbrances (PESI)
Legal Issues for Rhode Island Professional Land Surveyors (Half Moon)
Understanding The Bankruptcy Reform Act of 2005 (Lorman)
Rhode Island Deeds, Descriptions & The Law (PESI)
Solving Real Estate Title Problems in Rhode Island (Half Moon)
Rhode Island Boundary Law & Landowner Disputes (PESI)
Real Estate Disclosures (R.I. Bar Association, Food for Thought)
Rhode Island Real Estate Titles and Title Insurance (Half Moon)

Awards

Best Lawyers in America, 2022-2024
Rhode Island and New England Super Lawyer, 2010-Present
Top Attorneys in Rhode Island, Rhode Island Monthly, 2010-Present
Martindale Hubbell Rated AV Preeminent in Commercial Law and Litigation, 2017-Present
Fellow of the American Bar Foundation, 2025
Leaders and Achievers Award by Providence Business News, 2024
Professional Excellence in Law, Rhode Island Monthly, 2023
Fellow of the Rhode Island Bar Foundation, 2021
Rhode Island Bar Association’s Joseph E. Houlihan Lifetime Mentor Award, 2011

Professional & Civic Affiliations

Rhode Island Bar Association
American Bar Association, Sections of Litigation, Real Estate Litigation Committee
Defense Research Institute
Turnaround Management Association
American Bankruptcy Institute
Board Member, Saint Thomas More Society of Rhode Island
Secretary, Board of Governors, The Hope Club
United States District Court, Local Rules Review Committee
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