Contract Litigation

The contract is the foundation of the business deal. Contracts also provide perhaps the largest source of business litigation. As a large regional corporate law firm, Robinson+Cole has represented numerous clients in contract disputes. It has successfully brought suit to enforce contracts and successfully defended its clients against breach of contract lawsuits. The firm has litigated and tried these cases in both the federal and state courts. It has also successfully arbitrated and mediated many contractual disputes. Although the firm is tenacious in pursuit of its clients' interests during litigation, it is equally as focused on finding a satisfactory way to resolve the contractual dispute in an efficient and cost effective manner. Representative contract litigation matters handled by Robinson+Cole include the following:

  • Defended breach of contract claim in litigation concerning the wrongful termination of contractor in nuclear decommissioning contract.
  • Successfully represented large municipality in dispute with bus company. The bus company claimed that the contract between the parties entitled it to more than a million dollars more than what the city claimed it was entitled to. After a three-week trial, the court found in favor of our client.
  • Defended publicly traded Danish corporation in a business dispute with its primary competitor in the global headset communications market. Obtained finding in favor or client, which included a court determination that its competitor had engaged in vexatious litigation.
  • Represented manufacturer of computer components in suit against multibillion-dollar international corporation involving breach of contract, unfair trade practices, and business tort claims. Action also involved counterclaims against client for alleged breach of contract and fraud. Case settled after a three week jury trial in federal court.
  • Defended Fortune 50 Company from breach of contract and breach of warranty claims arising out of the sale of a disaster recovery business.
  • Robinson+Cole was retained by an aircraft component manufacturer that held the subcontract to design the manufacture the weapons bay door system for the Air Force's new air superiority aircraft, the F-22 Raptor. The component manufacturer needed representation in a dispute with a subcontractor that it had hired to design and manufacture highly complex equipment needed to test the weapons bay door system under simulated flight conditions. This equipment was crucial to the certification of the weapons bay door system because it was the only way to demonstrate that the system satisfied the F-22's stringent requirements. Time was of the essence because absence of certification could have delayed first flight of the F-22 aircraft. The subcontractor had failed to produce the equipment but nonetheless demanded to be paid. Robinson+Cole initiated suit in state court near the component manufacturer's main facility seeking to recover for breach of contract, breach of warranty, misrepresentation, and unfair trade practices. The subcontractor sued our client in federal court in its home.
    • Experience
      • Representation of a multinational health care information technology provider in an injunction action intended to prevent a breach of contract by a state health care agency. Robinson & Cole obtained an emergency ex parte injunction to prevent the state agency from disclosing trade secrets proprietary to our client in response to a freedom of information request promulgated by a legal aid organization opposed to managed care in governmental health care programs. Subsequently, Robinson & Cole defended against the agency’s efforts to lift that injunction and a subsequent appeal. The matter ended while the appeal was pending when the legal aid organization withdrew its FOIA request.
      • Representation of a Fortune 5 company in an action filed in federal court in California sounding in contract and business torts. The plaintiff claimed damages exceeding $110 million. Robinson & Cole successfully transferred the matter to Connecticut federal court and obtained a dismissal on jurisdictional grounds. On appeal, the Second Circuit reversed and reinstated the action. Thereafter, the matter was settled for a nominal amount. 

      • Representation of health insurer in an arbitration against a vendor that had been retained to use proprietary software to uncover overpayments to providers. The software vendor claimed that health insurer unlawfully terminated the contract and owed a seven-figure fee to the vendor. Robinson & Cole obtained a favorable decision from the arbitration panel that included a substantial net cash award in health insurer favor.
      • Defense of a national actuarial services organization against contract claims arising out of the alleged failure to forecast plan funding requirements and cost of living adjustments.
    • Publications + Presentations
    • "Bulletproofing Your Deals – Lessons from the Litigation Battlefield on Commercial Contract Clauses," presented by Brian J. Wheelin, hosted by the Fairfield County Bar Association  (4/18/2017)

      "Bulletproofing Your Deals 2010," at Connecticut Chapter of Association of Corporate Counsel of America, co-presented by Bradford S. Babbitt and William J. Egan (6/10/2010)
      • » more info

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