Scott T. Garosshen focuses their practice on complex and appellate legal needs at the federal and state level. They handle all aspects of appellate litigation, from pre-appeal consults and motion practice with trial counsel, to crafting appellate strategy, to briefing and oral argument on appeal. Above all, Scott works as a translator, offering jurists a clean, focused message that cuts through the noise to the heart of the matter.
Appellate
Scott has represented clients through more than a hundred appeals, spanning the U.S. Courts of Appeals for the First, Second, Third, Eighth, Ninth, and Eleventh Circuits, the U.S. Supreme Court, as well as the Massachusetts, New York, Rhode Island, and Virgin Islands appellate and supreme courts, including nine arguments before the Connecticut Supreme Court.
Scott frequently is called in to litigate issues of first impression for a jurisdiction. Their appellate successes bridge practice areas and include:
- Securing enforcement of an ART facility contract in a dispute over frozen embryos*
- Affirming 12(b)(6) dismissal in a bellwether appeal for dozens of cases where medical providers had sued a managed care company over alleged oral contracts.
- Defeating a party’s use of the double-dip doctrine to shield business interests in a multimillion-dollar asset division*
- Reversing confirmation of an arbitration award by prevailing on a novel, dispositive choice-of-law question*
- Dismissing an appeal over arbitrability by successfully terminating the appellate stay then commencing arbitration, mooting the appeal
- Winning a multimillion-dollar coverage dispute with major implications for the industry
- Crafting the test the Connecticut Supreme Court adopted from our amicus brief for issues of statutory notice, affecting nearly a hundred statutes for valid governmental notice
- Disposing of appellate challenges to land use approvals for commercial developers
- Reversing confirmation of an arbitration award in part in a high-net-worth marital dissolution*
- Obtaining a new trial on all financial orders in an eight-figure marital dissolution appeal
- Extending the final judgment test for appealability to allow appeals from denial of a motion to dismiss under a state’s anti-SLAPP statute, in a hotly contested 4-3 decision after two rounds of oral argument, controlling the outcome in multiple pending cases
Scott works closely with client, trial counsel, and subject matter specialists to translate industry realities into terms that resonate with appellate generalist judges. They pay careful attention to litigation narrative and optics, paring down to the key arguments, thinking creatively, and putting in the time to get issue framing right. Often, a well-framed issue decides the appeal.
Litigation
Scott also brings their advocacy and fierce attention to detail to bear on the litigation they conduct at the trial court level. Scott directs all aspects of motion practice, depositions, witness examinations, and settlement negotiation. Past successes include:
- Co-leading commercial arbitration team to seven-figure victory with attorney fees, and denial in full of opposing party’s counterclaim
- Resolving litigation against charitable organization for roughly 10% of initial demand after deposing critical actors*
- Negotiating favorable settlement in copyright litigation involving key issue then-pending before U.S. Supreme Court
- Prevailing at agency hearings on behalf of clients accused of professional responsibility violations*
- Removing only viable counts in catastrophic injury case via preliminary motion practice then securing withdrawal without payment of remaining counts*
Other Experience
Before joining Robinson+Cole, Scott worked for six years at a prominent appellate boutique firm. Scott’s insight and strategy are informed by their time clerking for the Honorable F. Herbert Gruendel of the Connecticut Appellate Court, whose kindness and mentorship will never be forgotten, as well as formative law school internships with the Honorable Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York and the Honorable Vanessa L. Bryant of the U.S. District Court for the District of Connecticut.
Scott routinely presents seminars on appellate procedure, advocacy, and ethics at bar associations, judicial conferences, universities, and others. They also have been actively involved in teaching the next generation of lawyers, leading and judging moot court and debate programs for aspiring advocates. Doing so sharpens one’s skills and keeps one honest.
*Attorney Garosshen was counsel in these representative transactions prior to joining Robinson+Cole.
