Appellate

Robinson+Cole has long recognized that appellate advocacy is a specialty unto itself. The members of our highly experienced and diverse Appellate Group, many of whom are former appellate law clerks, possess unique talents and skills and bring them to bear on behalf of our clients.

Our lawyers have had significant experience in analyzing cases to select the most promising issues for presentation on appeal. In addition to the Appellate Group's long history of success in the Connecticut appellate courts, members of the Appellate Group have handled appeals in both state and federal courts throughout the United States and in a variety of specialized tribunals, such as bankruptcy appellate panels, tax appeals, and administrative appeals. In recent years, Robinson+Cole has handled appeals in the United States Supreme Court; the United States Courts of Appeals for the First, Second, Third, Fifth, Eighth, Ninth, Eleventh, and Federal Circuits; and the state appellate courts in Connecticut, Florida, Louisiana, Massachusetts, Mississippi, New York, and Rhode Island.

The Appellate Group is composed of five lawyers with substantial appellate experience. Jeffrey J. White, who clerked for former Connecticut Supreme Court Chief Justice Ellen Ash Peters, is chair of the group. He has successively argued appeals before the Connecticut Supreme and Appellate Courts as well as handled appeals in the US Supreme Court and other federal and state appellate courts. Linda L. Morkan, a Fellow of the American Academy of Appellate Lawyers, has been involved in appeals before the Connecticut Supreme and Appellate Courts; the Supreme Judicial and Appeals Court of Massachusetts; the New York Court of Appeals; the US Court of Appeals for the First, Second, Fifth, Eighth, and DC Circuits; and the US Supreme Court. Thomas J. Donlon, former senior government appellate counsel for the United States Coast Guard, has successfully prepared briefs and presented arguments in state appellate courts in both Connecticut and New York, as well as in the federal courts of appeals for the Second, Ninth, and Federal Circuits. Wystan M.
Ackerman
has a national appellate practice focusing on insurance coverage, regularly representing insurers and a major insurance industry association (as amicus curiae) in cases involving critical insurance coverage issues, including several high-profile cases arising from Hurricane Katrina. Bradford S. Babbitt, a former appellate clerk and current chair of the firm's Business Litigation Group, has handled appeals in the Connecticut appellate courts and several appeals in the Second Circuit.

In addition, the Appellate Group also includes several recent appellate law clerks.

Decisions obtained by the Appellate Team in the past several years include the following:

Pending

  • Heisinger v. Dillon (Conn. App. Ct.)
  • Heisinger v. Probate Appeal (Conn. App. Ct.)
  • Ross v. Hartford Life (1st Cir.)
  • Aldin Assocs. v. Hess (Conn. App. Ct.)
  • Bastian v. United Services Automobile Association (11th Cir.)
  • Fernwood Realty, LLC v. Aerocision, LLC (Conn. App.)
  • DiCarlo v. Suffolk Construction Co. et al., (Mass. Supreme Ct.)
  • Martin v. Angelini Plastering, Inc. et al. (Mass. Supreme Ct.)
  • MERSCORP Holdings v. Malloy, (Conn. Supreme. Ct.)
  • Oxford Realty Group Cedar et al. v. Travelers Excess and Surplus Lines Company (N.J. App. Div.)
  • Riley v. Travelers (Conn. App. Ct.)

2016

Federal

  • Fink v. Bishop, 641 Fed. Appx. 134 (3rd Cir. 2016) 

State

  • Five Towns Nissan v. Universal Underwriters Ins. Co., 135 A.D.3d 416 (N.Y. 3d Dept. 2016) 
  • Senk v. Connecticut Siting Council and Cellco Partnership d/b/a Verizon Wireless, No. CV146024989, 2016 Conn. Super. LEXIS 2017 (Conn. Super. Ct. July 21, 2016)

2015

Federal 

  • Allco Finance v. Klee, 805 F.3d 89 (2d Cir. 2015)
  • Allen v. United Services Automobile Association, 2015 WL 3894722 (11th Cir. 2015)
  • Amphenol Corp. v. Paul, 581 Fed. Appx. 34 (2d Cir. 2015)
  • Burton v. Connecticut Siting Council and Dominion Nuclear Connecticut, Inc., 161 Conn. App. 329 (Conn. App. 2015)
  • In re Maguire Group Holdings, Inc. 2014 U.S. Dist. LEXIS 177224 (S.D. Fla 2014), appealed 11th Cir. (Dkt. #15-10324 withdrawn 2015)
  • Liberty Univ., Inc. v. Citizens Ins. Co. of Am., 2015 WL 4153840 (4th Cir. 2015)
  • Robbins v. Garrison Prop. & Cas. Ins. Co., (11th Cir.)
  • SEC v. Illarramendi, No. 3:11cv78 (JBA) (2d Cir.) (withdrawn 2015) 
State
  • Broome County v. The Travelers Indemnity Company, 125 A.D.3d 1241 (N.Y. 3d Dept. 2015) 

  • Channing Real Estate v. Gates 159 Conn. App. 59 (2015)

  • Erlich v. American International Group, Inc. et al. (N.Y. App. Div. 1st Dep't) 

  • Old Colony Construction v. Southington, 316 Conn. 202 (2015) 

  • Rathbun v. Health Net of the Northeast, Inc., 315 Conn. 674 (2015)

  • Richard Trusz v. UBS Realty Investors, 319 Conn. 175 (2015)

  • State of Connecticut Department of Transportation v. White Oak Corporation 319 Conn. 582 (2015)

  • Tougher Industries Inc. v. The Dormitory Authority of the State of New York, 130 A.D.3d 1393 (N.Y. 3rd Dept. 2015) 

2014

Federal

  • Ardente v. Standard Fire Ins. Co., 2014 U.S. App LEXIS 4617 (1 st Cir. 2014)

  • Fludd, Jovan v. Brian Fischer, 2014 U.S. App. LEXIS 10812 (2d Cir. 2014)

  • Jaegr v. Cellco P'ship, 542 Fed. App'x 78 (2d Cir. 2013), cert. denied, 2014 U.S. LEXIS 5255 (2d Cir. 2014)

  • United States of America v. Corbett, 2014 U.S. App. LEXIS 7998 (2d Cir. 2014)
State
  • C&H Electric, Inc. v. Town of Bethel, 312 Conn. 843 (2014)
  • DiCarlo v. Suffolk Construction Co. et al., 86 Mass. App. Ct. 589 (Mass. App. Ct. 2014)
  • DiNardo Seaside Tower Ltd v. Sikorsky Aircraft, 153 Conn App 10 (Conn. App. Ct. 2014) 
  • Martin v. Angelini Plastering, Inc. et al., 86 Mass. App. Ct. 1122 (Mass. App. Ct. 2014) 
  • Nature Conservancy of Conn., Inc. v. Three Feathers LLC, 153 Conn. App. 910 (Conn. App. Ct. 2014)
  • Salce v. Wolczek, 314 Conn. 675 (2014)
  • Stafford v. Albert Roadway et al, 312 Conn. 184 (2014) (counsel for amicus curiae).

2013

Federal

  • Emsbo v. Fireman's Fund Ins. Co. (1st Cir.)
  • Frank v. Reassure Life Insurance Co., 548 Fed. Appx 706, rehg denied, 2013 U.S. Dist LEXIS 20508 (2d Cir. 2013)
  • Knowles v. The Standard Fire Insurance Co., 133 S. Ct. 1345 (2013)
  • McClendon v. Challenge Financial (6th Cir.)
  • Sawant v. Ramsey (2d Cir.)
  • Southern New England Telephone Co. d/b/a AT&T Connecticut v. Cablevision Lightpath-CT, Inc. , 718 F.3d 53 (2d Cir. 2013)

State

  • Callendar v. Reflexite, 143 Conn. App. 351 (Conn. App. Ct. 2013)

  • Capstone Building Corp. v. American Motorists Ins. Co., 308 Conn. 760 (2013)

  • Chicago Title Insurance Company v. Bristol Heights Associates LLC, 142 Conn. App. 390 (Conn. App. Ct. 2013)

  • DDS Wireless International, Inc. v. Nutmeg Leasing, Inc., 145 Conn. App. 520 (Conn. App. Ct. 2013)

  • Gough v. St. Peter's Episcopal Church and Episcopal Diocese of Connecticut, 143 Conn. App. 719 (Conn. App. Ct. 2013)
  • In re Azareon Y & Ashireona Y, 309 Conn. 626 (2013) (counsel for amicus curiae)
  • Joseph v. Joseph, 2013 Conn. Super. LEXIS 966 (Conn. Super. Ct. 2013)

  • Kasica v. Town of Columbia, 309 Conn. 85 (2013) (counsel for amicus curiae)
  • Long v. Fireman's Fund Insurance Company, 430 Md. 646 (Md. Ct. Special Appeals 2013)

  • Regan v. Computers Plus Center, Inc. and Malapanis, 310 Conn. 60 (2013)
  • Silicon Valley Bank v. Miracle Faith World Outreach, Inc., 140 Conn. App. 827 (Conn. App. Ct. 2013)

  • Thorne v. Kings Harbor Multicare Ctr., 2013 slip op 63626(U) (N.Y. App. Div. 1st Dep't 2013)

  • Walker v. Teachers Insurance Company, 109 S.3d  213 (Fla. 2d Dist. Ct. App. 2013)

2012

Federal

  • HOP Energy LLC v. Local 553 Pension Fund, No. 10-3889cv, 2012 U.S. App. LEXIS 9088 (2d Cir. May 3, 2012)
  • Plainville Board of Education v. R.N., by his parent and next friend Mrs. H. (2d Cir. 2012)
  • Thatcher v. The Hanover Insurance Group, Inc. (8th Cir. 2012)
  • Twitty v. Ashcroft, 2012 U.S. App. LEXIS 1115 (2d Cir. Jan. 19, 2012)
  • Windmill Distributing v. Hartford Fire Insurance Co., 2012 U.S. App. LEXIS 1292 (2d Cir. Jan. 23, 2012)

State

  • 1075 Honeyspot Rd., LLC v. Ryder Truck Rental, Inc. (Conn. App. Ct. 2012)
  • Bank of New England v. BP-Nantucket Ventures LLC, Burnham, and Pyles, 81 Mass. App. Ct. 1135 (Mass. App. Ct. 2012)
  • Bautista v. Kysor/Warren, Enodis PLC, 96 A.D.3d 982, 947 N.Y.S.2d 162 (N.Y. App. Div. 2d Dep't 2012)
  • Bentoria Holdings, Inc. v. Travelers Indem. Co., No. 160, 2012 N.Y. LEXIS 3087 (N.Y. Oct. 25, 2012) (counsel for amicus curiae)
  • Brouillard v. Connecticut Siting Council (Conn. Supreme Ct. Feb. 28, 2012)
  • Conservation Commission of Town of Fairfield v. Red 11, LLC, 135 Conn. App. 765 (Conn. App. Ct. 2012)
  • Costa v. Brait Builders Corporation and Arch Insurance Co., 463 Mass 65 (Mass. Supreme Jud. Ct. 2012)
  • Deskos v. Travelers Insurance Co. (Mass. App. Ct. 2012)
  • Directory Assistants, Inc. v. Big County Vein, L.P., 134 Conn. App. 415 (Conn. App. Ct. 2012)
  • Hudson Valley Bank v. Kissel (Conn. Supreme Ct. Feb. 7, 2012)
  • McGuinness v. Colonial American Casualty and Surety Co., 82 Mass. App. Ct. 1110 (Mass. App. Ct. 2012)
  • Nicholson v. First Floridian (Fla. 5th Dist. Ct. App. 2012)
  • Rathbun v. Health Net of the Northeast, Inc., 2012 Conn. App. LEXIS 29 (Conn. App. Ct. Jan. 24, 2012)
  • Republic Franklin Insurance Co. v. United Educators Reciprocal Risk Retention Group (Mass. App. Ct. 2012)
  • Rhodes v. AIG Domestic Claims, Inc., 461 Mass. 486 (Mass. Supreme Jud. Ct. 2012)
  • SIC v. Nunan, 307 Conn. 399 (2012)
  • Stern d/b/a The Jeweler v. Charter Oak Fire Insurance Co. , 951 N.Y.S.2d 410 (N.Y. App. Div. 4th Dep't 2012)

  • TravCo Insurance Co. v. Ward , 2012 Va. LEXIS 203 (4 th Cir. 2012)

  • Trezza v. Trezza, 104 A.D. 3d 37, 957 NYS 2d 380 (2012)
  • Wykeham Rise, LLC v. Zoning Commission of the Town of Washington, 305 Conn. 448 (Conn. Supreme Ct. 2012)
  • United Healthcare Insurance v. Azar, 2012 NY Slip Op 90100(U) (N.Y. App. Div. 1 st Dep't 2012)

2011

Federal

  • Allstate Insurance Co. v. Nair, 418 Fed. Appx. 48 (2d Cir. 2011)
  • Thatcher v. Hanover Insurance Group, Inc., 659 F.3d 1212 (8th Cir. 2011)
  • Jaeger v. Cellco Partnership d/b/a Verizon Wireless , 2011 U.S. App LEXIS 2891 (2d Cir. 2011), cert. denied 131 S. Ct. 3068 (2011)

State

  • Bridgeport Harbour Place v. Ganim, 303 Conn. 205 (Conn. Supreme Ct. 2011)
  • Cuervo v. Opera Solutions LLC, 87 A.D.3d 426, 928 N.Y.S.2d 26 (N.Y. App. Div. 1st Dep't 2011)
  • Ethics Commission, Town of Glastonbury v. Freedom of Information Commission, 302 Conn. 1 (Conn. App. Ct.) (counsel for amicus curiae)
  • Gyrodyne Co. of America v. State of New York, 89 A.D.3d 988 (N.Y. App. Div. 2d Dep't)
  • In re Katrina Canal Breaches Litigation, 63 So. 3d 955 (La. Supreme Ct. 2011)
  • Jaeger v. Connecticut Siting Council and Cellco Partnership, 128 Conn. App. 243 (Conn. App. Ct. 2011)

2010

Federal

  • Baker & Taylor, Inc. v. AlphaCraze.com Corp., 602 F.3d 486 (2d Cir. 2010)
  • Cascades Boxboard Group CT LLC v. United Steel Workers, USW Local 1840, 370 Fed. Appx. 177 (2d Cir. 2010)
  • Douzart v. Balboa Insurance Co., 367 Fed. App. 563 (5th Cir. 2010)
  • Gintis v. Bouchard Transportation Co., 596 F.3d 64 (1st Cir. 2010)
  • Iantosca v. Step Plan Services, Inc., 604 F.3d 24 (1st Cir. 2010)
  • In re Katrina Canal (Road Home), 613 F.3d 504 (5th Cir. 2010)
  • Nationwide Mutual Insurance Co. v. Johnson Agency, 606 F.3d 22 (2d Cir. 2010)
  • Nationwide Mutual Insurance Co. v. Marcucelle, 606 F.3d 22 (2d Cir. 2010)
  • Nationwide Mutual Insurance Co. v. Morin, 606 F.3d 22 (2d Cir. 2010)
  • Nationwide Mutual Insurance Co. v. Mortensen, 606 F.3d 22 (2d Cir. 2010)
  • Priceline.com Inc. v. Silberman, 405 Fed. Appx. 532 (2d Cir. 2010)
  • Sheffield v. Sheriff of the Rockland County Sheriff Department, 393 Fed. Appx. 808 (2d Cir. 2010)

State

  • Branford v. Santa Barbara, 294 Conn. 785 (Conn. Supreme Ct. 2010)
  • Branford v. Santa Barbara, 294 Conn. 803 (Conn. Supreme Ct. 2010)
  • Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, 295 Conn. 240 (Conn. Supreme Ct. 2010)
  • Conservation Commission of the Town of Fairfield v. Red 11, LLC, 119 Conn. App. 377 (Conn. App. Ct. 2010), cert. denied, 295 Conn. 924 (Conn. Supreme Ct. 2010)
  • Gold v. Rowland, 296 Conn. 186 (Conn. Supreme Ct. 2010)
  • Hartford Steam Boiler v. Underwriters at Lloyd's, 121 Conn. App. 31 (Conn. App. Ct. 2010), cert. denied, 297 Conn. 918 (Conn. Supreme Ct. 2010)
  • New England Estates, LLC v. Branford, 294 Conn. 817 (Conn. Supreme Ct. 2010)

2009

Federal

  • First American Title Insurance v. Arthur M. Lippman, 76 Mass. App. Ct. 1101 (Mass. App. Ct. 2009), opinion at 2009 Mass. App. Unpub. LEXIS 1283 (Dec. 11, 2009)
  • Moore v. Travelers Co., 321 Fed. Appx. 911 (11th Cir. 2009)
  • Mortg. Elec. Registration Systems and Countrywide Home Loans v. Agin, No. 09-CV-10988-PBS, 2009 U.S. Dist. LEXIS 106872 (D.Mass. Nov. 17, 2009)
  • SEC v. DiBella, 587 F.3d 553 (2d Cir. 2009)
  • Weiner v. Health Net of Connecticut, Inc., 311 Fed. Appx. 438 (2d Cir. 2009)

State

  • Gianetti v. Greater Bridgeport Individual Practice Association, 112 Conn. App. 904 (Conn. App. Ct. 2009)
  • Gianetti v. Health Net of Connecticut, 116 Conn. App. 459 (Conn. App. Ct. 2009)
  • Red II LLC v. Conservation Commission of Town of Fairfield, 117 Conn. App. 630 (Conn. App. Ct. 2009)

2008

Federal

  • Chao v. Barbosa Group, Inc., 296 Fed. Appx. 211 (2d Cir. 2008)
  • In re Adelphia Communications Securities & Derivative Litigation, 272 Fed. Appx. 9 (2d Cir. 2008)
  • Rand-Whitney Containerboard L.P. v. Town of Montville, 290 Fed. Appx. 430 (2d Cir. 2008)
  • Western Filter Corp. v. Argan Inc., 540 F.3d 947 (9th Cir. 2008)

State

  • Artie's Auto Body, Inc. v. Hartford Fire Insurance Co., 287 Conn. 208 (Conn. Supreme Ct. 2008)
  • Doherty v. Dauphin Graphic Machines, Inc., 72 Mass. App. Ct. 1115 (2008), opinion at 2008 Mass. App. Unpub. LEXIS 369 (Mass. App. Ct. Sept. 5, 2008)
  • Figueroa v. Allstate Indemnity Co., 105 Conn. App. 538 (Conn. App. Ct. 2008)
  • Highstead Foundation v. Fahan, 105 Conn. App. 754 (Conn. App. Ct. 2008)
  • Insurance Corp. of New York v. Cohoes Realty Associates, 50 A.D. 3d 1228 (N.Y. 3d Dep't 2008)
  • Kerrigan v. Commissioner of Public Health, 289 Conn. 135 (Conn. Supreme Ct. 2008)
  • Overlock v. Component Properties Inc., 2008 Mass. App. Unpub. LEXIS 482 (Mass. App. Ct. June 4, 2008)
  • Ramirez v. Health Net, 285 Conn. 1 (Conn. Supreme Ct. 2008)
  • Sher v. Lafayette Insurance Co., 998 So.2d 186 (La. Supreme Ct. 2008)
  • State v. Cote, 286 Conn. 603 (Conn. Supreme Ct. 2008)

2007

Federal

  • Chauvin v. State Farm Fire & Casualty Co., 495 F.3d 232 (5th Cir. 2007), cert. denied, 128 S.Ct. 1075 (2008)
  • In re Deposit Insurance Agency as Bankruptcy Administrator of Jugobanka A.D. Beograd and Beogradska Banka A.D. Beograd, 482 F.3d 612 (2d Cir. 2007)
  • In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007), cert. denied, 552 U.S. 1182 (2008)
  • Walker v. City of Waterbury, 253 Fed. Appx. 58 (2d Cir. 2007)

State

  • AvalonBay Communities, Inc. v. Zoning Commission, 284 Conn. 124 (Conn. Supreme Ct. 2007)
  • Capp Industries v. Schoenberg, 104 Conn. App. 101 (Conn. App. Ct. 2007)
  • Connecticut Coalition Against Millstone v. Connecticut Siting Council, 286 Conn. 57 (Conn. Supreme Ct. 2007)
  • Historic District Commission v. Hall, 282 Conn. 672 (Conn. Supreme Ct. 2007)
  • Killeen v. Westban Hotel Venture, 69 Mass. App. Ct. 784 (Mass. App. Ct. 2007)
  • Windels v. Environmental Protection Commission of Darien, 284 Conn. 268 (Conn. Supreme Ct. 2007)
    • Experience
      • Successfully represented insurer in the Supreme Court of the United States (lead counsel on petition for certiorari and co-counsel on merits) in Standard Fire Insurance Company v. Knowles, __ S. Ct. __, 2013 WL 1104735 (U.S. Mar. 19, 2013) (invalidating stipulation by named plaintiff attempting to limit amount in controversy to below $5 million.

      • Representation of insurers in a number of purported class action suits arising from Hurricane Katrina. Successfully authored appellate briefs in the Fifth Circuit and oppositions to petitions for certiorari in the U.S. Supreme Court in high-profile cases involving the flood exclusion and the Louisiana Valued Policy Law. In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir. 2007), cert. denied, 2008 WL 423587 (U.S. Feb. 19, 2008); Chauvin v. State Farm Fire & Cas. Co., 495 F.3d 232 (5th Cir. Aug. 6, 2007), cert. denied, 2008 WL 114049 (U.S. Jan. 14, 2008). Also representing insurers in several lawsuits involving $10 million-plus property insurance claims arising from Hurricane Katrina.
      • In a case involving federal jurisdiction under the Class Action Fairness Act of 2005, successfully appealed to the Eighth Circuit an order granting the plaintiff's motion for voluntary dismissal, which the plaintiff sought for the purposes of refiling a revised complaint in state court that would evade federal jurisdiction. The Eighth Circuit reversed the district court's decision granting a voluntary dismissal. Following the Eighth Circuit's decision, the district court found that federal jurisdiction existed, and the case remained in federal court.
      • Won decision in an eminent domain proceeding versus the State of New York upholding the largest condemnation award in New York history, totaling $125 million. Robinson & Cole also represented the client, a real estate investment trust in the New York City metropolitan area, in an appeal before the Appellate Division of the Supreme Court, Second Department, of the State of New York, which issued a unanimous Decision and Order in affirming the judgment of the Court of Claims in June 2010. The Appellate Division ordered the state to pay the original award plus interest, bringingthe total award to approximately $160 million. Gyrodyne Company of America v. State of New York, 89 A.d. 3d 988 (2011).
      • Successfully represented owners of a 77-acre parcel in an appeal to the Connecticut Supreme Court that arose out of the condemnation of that parcel by a municipality. The taking spawned two proceedings: In the first, the property owners challenged the municipality's valuation of the property. In the second, the jury found that the municipality had taken the property in bad faith in violation of the Fifth Amendment and awarded the property owners additional monies that represented the loss of an option contract. On appeal, the Supreme Court affirmed the finding that the property was worth $4.6 million, as well as the jury's verdict that the municipality acted in bad faith by taking the property. The Court also upheld our clients' cross-appeal, agreeing that they should have been awarded all of their attorney's fees. Branford v. Santa Barbara, 294 Conn. 785 (2010); Branford v. Santa Barbara, 294 Conn. 803 (2010); New England Estates, LLC v. Branford, 294 Conn. 817 (2010).
      • Successfully represented a group of national and international insurance companies in appeal proceedings that stemmed from the issuance of a multimillion-dollar arbitration award that arose out of an insurance loss that occurred at a coal-fired electrical generating facility. The appellate process was conducted in two different phases and was litigated in both the Connecticut Appellate and Supreme Courts, and at the U.S. Supreme Court. Ultimately, the Connecticut Appellate Court affirmed the trial court's granting of a motion to confirm the arbitration award in our clients' favor. Furthermore, the Appellate Court affirmed the awarding of pre and postjudgment interest, which resulted in the payment of a judgment of over $6.5 million. Hartford Steam Boiler v. Underwriter's at Lloyds, 121 Conn. App. 31 (2010), cert. denied, 297 Conn. 918 (2010).
      • Representation of the owner of a rare, undeveloped, peninsular building lot on Long Island Sound in an administrative appeal from the town's denial of zoning permit. Persuaded the trial court to reverse the town's denial and to order the town to grant all permits necessary to construct our client's home on the property. Successfully defeated a petition for certification to the Connecticut Appellate Court. Kleinknecht v. Stonington ZBA, 2010 Conn. Super. LEXIS 3347 (Dec. 16, 2010); Kleinknecht v. Stonington ZBA, denial of petition for certification not published.
      • Defeated attempts by antinuclear activists to prevent installation of a dry storage system for spent nuclear fuel. Representation included multiple evidentiary hearings on a motion for stay, pending an administrative appeal, evidentiary hearings regarding alleged bias by members of reviewing administrative agency, and a motion to dismiss on federal preemption grounds. Prevailed on each issue at every level. The Connecticut Supreme Court adopted our analysis of the preemption issue in a case of first impression in the state. Connecticut Coalition Against Millstone v. Connecticut Siting Council, 286 Conn. 57 (2008).
      • Persuaded trial court to dismiss appeal for lack of standing where appellant challenged Connecticut Siting Council authorization to build and operate telecommunications facility in Northwest, Connecticut; successfully defended that decision and numerous other issues raised on appeal at the Connecticut Appellate Court and the Connecticut Supreme Court.

      • Defended a parish and diocese of the Episcopal Church against claims asserted by a former parishioner that he was abused by a member of the clergy in 1977. Successfully obtained dismissal of claims based in vicarious liability. Later won summary judgment on claims sounding in negligent hiring, supervision, and retention, and breach of fiduciary duty, based on the absence of knowledge of a propensity to abuse by the leadership of the parish and the diocese before the time of the abuse. Defended that judgment successfully at the Connecticut Appellate Court; the plaintiff did not petition the Connecticut Supreme Court for certification to appeal.
      • Representing a Connecticut employer in a certified question to the Connecticut Supreme Court concerning the extent to which the Connecticut Constitution's Declaration of Rights protects employees' free speech rights in the workplace.

      • back to top
    • News
      • November 1, 2017

        Robinson+Cole Receives 37 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News – Best Law Firms Survey

        • » more info
        • View article
      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • September 21, 2017

        Tom Donlon's Latest Column Published in ABA Journal

        • » more info
      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

        • » more info
        • View article
      • March 31, 2017

        Tom Donlon Publishes Two Articles for ABA Journal

        • » more info
      • November 2, 2016

        Tom Donlon's ABA Column Is Among the Most Read

        • » more info
      • November 1, 2016

        Robinson+Cole Receives 34 First-Tier Metropolitan Rankings and 3 National Rankings in Latest U.S. News – Best Law Firms Survey

        • » more info
        • View article
      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

        • » more info
        • View article
      • March 15, 2016

        Tom Donlon's Column Reprinted in ABA's Litigation News

        • » more info
      • February 29, 2016

        Kelly Frye Barnett Elected to YWCA Hartford Region’s Board of Directors

        • » more info
        • View article
      • January 11, 2016

        Tom Donlon Column Appears in ABA Appellate Practice Journal

        • » more info
      • November 3, 2015

        Robinson+Cole Recognized in Benchmark Litigation 2016

        • » more info
        • View article
      • September 4, 2015

        Kathleen E. Dion Lawyer Elected to KNOX Board of Directors

        • » more info
        • View article
      • August 25, 2015

        Tom Donlon Begins New Column in ABA Appellate Practice Journal

        • » more info
      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

        • » more info
        • View article
      • April 23, 2015

        Robinson+Cole Successfully Defends Connecticut Municipality in Construction Contract Case

        • » more info
      • March 23, 2015

        Tom Donlon Publishes Article on Trial Strategies for Winning Appeals

        • » more info
      • October 30, 2014

        Robinson+Cole Recognized by Benchmark Litigation

      • October 29, 2014

        Two Robinson+Cole Lawyers Recognized on Super Lawyers Top Lists

        • » more info
      • May 14, 2014

        Robinson+Cole's Appellate Group Wins Connecticut Law Tribune's Litigation Department of the Year Award

        • » more info
      • May 12, 2014

        Tom Donlon Participates in CLE Panel Discussion at National ABA Conference

        • » more info
      • March 4, 2014

        Jeffrey White Appointed Corporator of Saint Francis Hospital and Medical Center Foundation

        • » more info
        • View article
      • February 12, 2014

        Robinson & Cole Welcomes Eight New Lawyers

        • » more info
        • View article
      • November 1, 2013

        Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

        • » more info
        • View article
      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

        • » more info
        • View article
      • September 25, 2013

        Tom Donlon Appointed to New Position with ABA's Section of Litigation

        • » more info
      • August 27, 2013

        Robinson & Cole Lawyers Provide Commentary in Law360

        • » more info
      • August 16, 2013

        Linda Morkan Listed in Benchmark's Top 250 Women in Litigation

        • » more info
      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • April 19, 2013

        J. Tyler Butts Pens Hurricane Sandy Article for DRI’s For The Defense

        • » more info
      • January 9, 2013

        Jeffrey J. White Receives “40 Under 40: Class of 2013” Award

        • » more info
      • January 7, 2013

        J. Tyler Butts Writes Article on How Young Attorneys Can Prepare for Out-of-State Appeals

        • » more info
      • December 13, 2012

        Robinson & Cole Attorneys Earn Additional Honors for Pro Bono Work

        • » more info
        • View article
      • December 4, 2012

        Linda Morkan Wins Issue of First Impression at Connecticut Supreme Court

        • » more info
      • November 7, 2012

        Robinson & Cole Receives 32 First-Tier Metropolitan Rankings and Four National Rankings in U.S.News - Best Lawyers Survey

        • » more info
        • View article
      • October 31, 2012

        Appellate Attorneys Write Article Analyzing Significant Business Law Cases Decided By Connecticut Supreme Court In 2012

        • » more info
      • October 22, 2012

        ABA Title Insurance Litigation Committee Publishes Article by Robinson & Cole Attorney

        • » more info
      • September 27, 2012

        Appellate Attorneys Author Chapters in The Appellate Practice Compendium

        • » more info
      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • July 26, 2012

        Robinson & Cole Attorney Linda L. Morkan Named as One of the Top 250 Women Litigators in the United States

        • » more info
        • View article
      • July 23, 2012

        Appellate Attorney's Article Published in American Bar Association Newsletter

        • » more info
      • May 29, 2012

        Linda Morkan Featured Speaker At 2012 Appellate Advocacy Institute

        • » more info
      • December 16, 2011

        Benchmark Litigation 2012 Recognizes Six Robinson & Cole Attorneys

        • » more info
        • View article
      • December 1, 2011

        Unanimous ruling by Appellate Panel in Eminent Domain Case

        • » more info
      • October 19, 2011

        Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer

        • » more info
      • July 5, 2011

        Linda Morkan Writes Article for Connecticut Law Tribune's Special Section on Alternative Dispute Resolution

        • » more info
      • April 25, 2011

        Attorney's Article Selected to Help Train Judges on Judicial Ethics

        • » more info
      • March 3, 2011

        Robinson & Cole Amicus Brief Analyzes Controversial Loss of Consortium Claim

        • » more info
      • September 27, 2010

        Recent Supreme Court Decisions Impact the Business Community

        • » more info
      • September 2, 2010

        Mock Argument Examines Potential Gender Influence on Decision Making

        • » more info
      • August 19, 2010

        Linda L. Morkan Examines Supreme Court’s Decision in Stolt-Nielsen

        • » more info
      • July 20, 2010

        Thomas J. Donlon Appointed Cochair of the ABA Appellate Committee

        • » more info
      • June 11, 2010

        Robinson & Cole Attorney Writes Second Article Published in Connecticut Lawyer

        • » more info
      • February 24, 2010

        Robinson & Cole Attorney Publishes Article on Judicial Disqualification

        • » more info
      • November 10, 2008

        Robinson & Cole Appellate Attorney Publishes Article in ABA Publication TortSource

        • » more info
      • October 10, 2008

        Robinson & Cole Appellate Attorney Authors Article for Connecticut Law Tribune

        • » more info
      • August 22, 2008

        Robinson & Cole Appellate Chair Authors Article for DRI Publication

        • » more info
      • August 4, 2008

        Robinson & Cole Attorney Recently Re-Appointed as a Vice-Chair of the Appellate Advocacy General Committee

        • » more info
      • May 28, 2008

        Robinson & Cole Attorney Receives ABA Award

        • » more info
    • Publications + Presentations
    • "Silly Lawyer Tricks," published in Appellate Practice Journal, authored by Thomas J. Donlon, a regular column (Winter 2017)
      • » more info
      • View article

      "Obtaining ABA Amicus Support For Your Appeal," published in Appellate Practice Journal, authored by Thomas J. Donlon (Winter 2017)
      • » more info
      • View article

      Introducing Our Massachusetts Appellate Blog (5/19/2016)

      "Silly Lawyer Tricks," published in Litigation News, authored by Thomas J. Donlon, a regular column (5/10/2016)
      • » more info
      • View article

      "Silly Lawyer Tricks," published in Appellate Practice Journal, authored by Thomas J. Donlon, a regular column (Winter 2016)
      • » more info
      • View article

      "Silly Lawyer Tricks," published in Appellate Practice Journal, authored by Thomas J. Donlon, a regular column (Fall 2015)
      • » more info
      • View article

      Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction (12/2/2015)

      "Silly Lawyer Tricks," published in ABA Appellate Practice Journal, authored by Thomas J. Donlon, initial column in the journal (Summer 2015)
      • » more info
      • View article

      Termination for Convenience Contract Provision Retains Responsibility for Liquidated Damages (4/20/2015)

      "Winning Your Appeal At Trial," published in ABA Appellate Practice Journal, authored by Thomas J. Donlon (Winter 2015)
      • » more info

      Welcome to the Fall 2014 Issue of Appellate News! (11/11/14)

      Welcome to the Summer 2014 Issue of Appellate News! (7/8/2014)

      "For the Record from Start to Finish," presented by Thomas J. Donlon, panelist for this program presented at the American Bar Association's (ABA) Section of Litigation Annual Conference, Scottsdale, Arizona (4/11/2014)

      Connecticut Appellate Court Rules Data Breach Losses Not Recoverable Under General Liability Policy (02/27/2014)

      Appellate News (10/17/2013)

      "Arbitration and Sexual Harassment in the Workplace," published in Connecticut Law Tribune, co-authored by Jeffrey J. White and Jamie M. Landry, appeared in the special supplement Connecticut Supreme Court Review 2013. The article reviews several Connecticut Supreme Court decisions in 2012–13 that have an impact on the business community. (9/30/2013)

      "Chevron: Stronger Than Ever in City of Arlington, Texas," published in Appellate Practice Journal, authored by Bradford S. Babbitt, a publication of the American Bar Association (9/30/2013)

      Appellate News (05/02/2013)

      "Harsh Words and Broken Leases," co-authored by Jeffrey J. White and Jamie M. Landry, published in Connecticut Law Tribune, appeared in the special supplement Connecticut Supreme Court Review 2012. The article reviews several Connecticut Supreme Court decisions in 2012 that have an impact on the business community. (9/17/2012)

      "Unfamiliar Territory: Preparing for Your First Out-of-State Appeal," published in Appellate Practice, authored by J. Tyler Butts, the newsletter of the American Bar Association's Section of Litigation (Fall 2012)

      "Class Action Fairness Act Interlocutory Appeals," authored by Wystan M. Ackerman, published in In-House Defense Quarterly, a publication of the Defense Research Institute (Fall 2012)

      "Vacating Arbitration Decision Not an Appealing Task," published in Connecticut Law Tribune, authored by Linda L. Morkan (6/20/2011)

      "Some Obvious and Not-So-Obvious Tips: Writing a More Persuasive Brief," published in For the Defense, authored by Jeffrey J. White, a national publication of the Defense Research Institute (12/2010)

      "Celebrating Women on the Appellate Bench: A Mock Argument Examining Potential Gender Influences on Decision Making," at American Bar Association Annual Meeting, presented by Thomas J. Donlon (8/2010)

      "For Corporations, Home Is Where 'Nerve Center' Is: High Court Defines 'Principal Place of Business,' Streamlines Litigation," published in Connecticut Law Tribune, co-authored by Jeffrey J. White and Laura A. Torchio (4/29/2010)

      "Winning Strategies for Appellate Advocacy: The View from the Bench," at American Bar Association's Section of Litigation Annual Conference, presented by Thomas J. Donlon (4/2010)

      "Judical Disqualification: What's Next for Connecticut?" published in Connecticut Lawyer, authored by Thomas J. Donlon (12/2009)

      "Bad News for Disgruntled Minority Shareholders," published in Connecticut Law Tribune, authored by Jeffrey J. White, in the special supplement Connecticut Supreme Court Review 2009. The article reviewed several Connecticut Supreme Court decisions in 2009 that have an impact on the business community. (September 2009)

      "The Future of Caperton v. Massey in State Appellate Courts," published in ABA Appellate Practice Journal, authored by Thomas J. Donlon (Fall 2009)

      "Ten Tips for More Persuasive Writing and an Introduction to the New Requirements for Electronic Brief Submission," at Connecticut Bar Association annual meeting, co-presented by Linda L. Morkan and Hon. Douglas S. Lavine, Connecticut Appellate Court, Professor Susan R. Dailey, and Steven D. Ecker (6/8/09)

      "The Tough Case Is Not Over: Preservation and Waiver on Appeal," at American Bar Association's Section of Litigation Annual Conference, presented by Thomas J. Donlon (4/2009)

      "The History of the Connecticut Supreme Court," at CBA Young Lawyers Section Appellate Committee Meeting at UConn Law School, co-presented by Jeffrey J. White and Wesley Horton, Esq., and Brendon Levesque, Esq. (11/24/2008)

      The History of the Connecticut Supreme Court, co-authored by Jeffrey J. White and Wesley W. Horton, coauthor of Chapters 6 and 7, which discusses the history of the Supreme Court from the 1860s through 1910 (2008)

      "A Few Do's and Don'ts of Oral Argument," published in ABA Appellate Practice Journal, authored by Thomas J. Donlon (Winter 2007)

      "Key Differences Between Appeals in the Second Circuit and Connecticut's Appellate Courts," at Connecticut Bar Institute Seminar, presented by Thomas J. Donlon (9/2007)

      "Winning Management of Legal Issues through Trial and Appeal," at American Bar Association Annual Meeting, co-presented by Thomas J. Donlon and Judge Michael Daley Hawkins, 9th Circuit, and Ms. Judith Miller, GC Bechtel Corp. (8/2007)

      Superseding and Staying Judgements: A National Compendium, authored by Linda L. Morkan, contributing chapter author (2007)

      "What Movies Teach Us About Appellate Advocacy," at American Bar Association annual meeting, presented by Thomas J. Donlon (8/2006)

      "Clarity Is an Absolute for Effective Advocacy," published in DRI For The Defense, authored by Linda L. Morkan (2006)

      "The Butler-Park Court," published in Connecticut Law Review, co-authored by Jeffrey J. White and Wesley W. Horton, Esq., about the Connecticut Supreme Court during the Civil War period (Winter 2005)

      "The Baldwin-Hamersley Court," published in Connecticut Bar Journal, co-authored by Jeffrey J. White and Wesley W. Horton, Esq., about the Connecticut Supreme Court from 1890 to 1910 (Fall 2005)

      "Beware of Euphemisms," published in DRI For The Defense, authored by Linda L. Morkan (1/2004)

      "First, Let's Sue All the Lawyers," published in Connecticut Law Tribune, authored by Linda L. Morkan (6/3/2002)

      "Hey, Judge Let Me Tell You Why I'm Right...," published in Connecticut Law Tribune, authored by Linda L. Morkan (4/1/2002)

      "Prepping for Showtime," published in Connecticut Law Tribune, authored by Linda L. Morkan (2/18/2002)

      "Sweet Success," published in Connecticut Law Tribune, authored by Linda L. Morkan (1/14/2002)

      "It's Hip to Help Jurists Stumble Your Way," published in Connecticut Law Tribune, authored by Linda L. Morkan (12/17/2001)

      "Hooked on Conference of Appellate Geeks," published in Connecticut Law Tribune, authored by Linda L. Morkan (11/12/2001)

      "Back to (Dirty) Work After Dirty Deed," published in Connecticut Law Tribune, authored by Linda L. Morkan (10/8/2001)

      "Rhetorically Speaking, the Issue Is Footnotes," published in Connecticut Law Tribune, authored by Linda L. Morkan (9/10/2001)

      "In Time (Sigh), Court May See the Light," published in Connecticut Law Tribune, authored by Linda L. Morkan (8/13/2001)

      "Understanding Appellate Work Is Kid Stuff," published in Connecticut Law Tribune, authored by Linda L. Morkan (7/16/2001)

      "Second Circuit Primer," at Stamford Bar Association , presented by Linda L. Morkan (5/2000)

      "Amendments to the Federal Rules of Appellate Procedure," at Connecticut Bar Association (CBA) , presented by Linda L. Morkan (9/1998)

      "Changes to the Appellate Rules of Procedure," published in Connecticut Lawyer at , authored by Linda L. Morkan (1/1997)

      "Preserving the Issues for Appeal," at CBA, presented by Linda L. Morkan (9/1995)

      "Connecticut Appellate Practice," at Lorman Education Service , presented by Linda L. Morkan (11/1994)

      "Annual Appellate Writing Seminar," at University of Connecticut Institute of Writing and University of Connecticut School of Law , presented by Linda L. Morkan (10/1994)

      "Effective Motion Practice in Connecticut," at Lorman Education Service, presented by Linda L. Morkan (1992, 1993, and 1994)
      • » more info

      "Transfer of Cases from the Appellate to Supreme Court: A Blow to Effective Advocacy?" published in Connecticut Lawyer, authored by Thomas J. Donlon (May/June 2010)

Our Team

Chair

Members