Significant Case Results
Favorable Jury Verdicts
Johnson v. Denny’s, USDC, D.Conn. - Title VII
Nguyen v. Stanadyne Corp., USDC, D.Conn. - Title VII
Tyszkiewicz v. Aaron Manor, CT Superior Court - Wrongful Discharge
Torok v. Bairnco Corp., CT Superior Court - Defamation, Tortious Interference with Contract
Successful Defense against Attempted Class or Collective Action
Galberth v. Briad Restaurant Group, LLC, 2005 WL 3509777 CT Superior Court - Denial of Plaintiffs’ Motion for Class Certification
Burgos v. Denny’s, USDC, S.D.N.Y. – Wage & Hour – FLSA
Successful Defense against Equal Pay Act Claim
Kim Melanson v. Electronic Security & Control Systems, Inc., MCAD
Dismissals/Summary Judgment
Ferrer v. T.L. Cannon Management Corp., 2009 WL 581607 (Mar. 6, 2009) (summary dismissal of employee’s wrongful discharge claim for complaining about unsafe workplace)
Zittoun v. Ratner Companies, LLC, 2009 WL 82509 (Jan. 12, 2009) (dismissal of emotional distress claims based on employer “snapping” at employee and telling employee that she had to deal with someone else for a work schedule)
Finnegan v. Claire’s Stores, Inc., 2008 WL 4276143 (Sept. 16, 2008) (summary dismissal of pregnancy discrimination claims)
Asp Milardo Photography, Inc., 573 F.Supp. 677 (D. Conn. 2008)
Hughes v. T.L. Cannon Management Corp, 2007 WL 2217058 (D.Conn. July 31, 2007) (summary dismissal of Title VII claims)
Egbarin v. American Express Company, 251 F.Supp2d 413 (D.Conn. 2006) (summary dismissal of Title VII claims)
Lucco v. Bristol Hospital, USDC, D.Conn., Case No. 3:03 CV 2154 (2005) – Judgment after trial dismissing all claims under Title VII, ADEA and 42 U.S.C. § 1981
Vasquez v. Claire’s Accessories, Inc., 392 F.Supp.2d 342 (D.Conn. 2005) - Summary judgment dismissing all gender-based discrimination and retaliation claims
Daigneault v. Consolidated Controls Corporation/Eaton Corp., 89 Conn. App. 712, aff’d, 276 Conn. 913 (2005) – Wrongful discharge
Olson v. Accessory Controls & Equipment Corp., 254 Conn.145 (2000) – Wrongful Discharge
Shakun v. Temco Building Maintenance, Inc., 2002 WL 31538034 (CT Superior Court 2002) - Wrongful Discharge
Curry v. Allan S. Goodman, Inc., (D.Conn. Feb. 25, 2004) - ADA claim; retaliation
Bennett v. Connecticut Hospice, Inc., 56 Conn. App. 134 (1999)
Feemster v. BJ Titan Services Co./Titan Services, Inc., 873 F.2d 91 (5th Cir. 1989) (affirming summary dismissal of wrongful discharge claim under general maritime law)
Injunctions
Labor Ready - CT Superior Court - TRO, Temporary Injunction – Employment restrictive covenants
Source Services - USDC, D.Conn. - Preliminary Injunction – Employment restrictive covenants
Hilb, Rogal & Hamilton - CT Superior Court – Temporary Injunction – Employment restrictive covenants
New England Insul. Co. v. Intl Ass’n. of Heat & Frost Insulators & Asbestos Workers Local 33,
– USDC, D.Conn. - Boy’s Market Injunction
SNET v. Intl. Ass’n. of Bridge Structural Ornamental Iron Workers Local 424 and Greater New Haven Central Labor Council -- CT Superior Court -TRO - Mass Picketing
Hoffman Fuel Co. of Danbury v. Elliott, 68 Conn. App. 272 (2002)
NASD Arbitration
Abrams v. A.S. Goldmen & Co., Inc., 2000 WL 1298040
Lundgren v. A.S. Goldmen & Co., Inc., 2000 WL 1278172
McGowan v. A.S. Goldmen & Co., Inc., 2000 WL 726349
Erickson v. A.S. Goldmen & Co., Inc., 1999 WL 1257483
Nawar v. A.S. Goldmen & Co., Inc. – NASD Dismissal
Bielecki v. A.S. Goldmen & Co., Inc. – NASD Dismissal
Prejudgment Remedy Defense
Mertes v. Milardo Photography, Inc., CT Superior Court, PJR CV-03-0101233-S - Wage & Hour
Recent Successes
Claimant brought claims before FINRA seeking $2,000,000 for defamation, wrongful termination, tortious interference with existing and prospective business relationships, violation of the Connecticut Unfair Trade Practices Act, intentional infliction of emotional distress, breach of contract, breach of implied covenant of good faith and fair dealing, breach of equitable and just principles of trade, prima facie tort and negligence.
Following eight days of trial, the three-arbitrator panel issued a decision denying Claimant’s claims in their entirety and assessing all the hearing session fees of $20,850 against the Claimant.
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Author and Lecturer
Adjunct Professor, Moot Court & Trial Advocacy, UConn Law School (2006)
Adjunct Professor, Advanced Employment Law, University of Hartford (2003)
Author and Presenter, National Business Institute, "Human Resource Policies that Prevent Lawsuits," (2006)
Author and Seminar Presenter, National Business Institute, "Wage and Hour Law: Answers to Everyday Questions," (2006)
Associate Editor, ABA, Age Discrimination in Employment Law, Cumulative Supplements
Contributing Editor, ABA, The Fair Labor Standards Act, Cumulative Supplements
Chapter Author, ABA, Wage and Hour Laws, A State-by-State Survey - CT
Contributing Editor, ABA, Tortious Interference in the Employment Context
Author and Seminar Presenter, National Business Institute, Strategies for Retaining Key Employees and Protecting Confid’l Information in Connecticut (2004)
Author, ABA, Fed. Labor Stds. Legisl. Comm., “Devpts. Under the ADEA,” (2001-10)
Author and Lecturer, National Business Institute, “Preventing and Defending Sexual Harassment Claims in CT,” (2002)
Author and Lecturer, CT Restaurant Ass'n., "How to Survive a Wage and Hour Audit," (2002)
Contributing Author and Lecturer, ABA, Top Ten Things Every Lawyer Should Know About Employment Law (2000-01)
Author and Lecturer, National Business Institute, “Basic Wage and Hour Law in CT,” (1998, 1999)
Author: ALI-ABA, The Practical Litigator, Vol. 10, No. 6, Nov. 1999, “Conducting Sexual Harassment Investigations”
Author, Institute for Int’l. Research, Personnel Law Update, 1999, “How to Avoid the Devastation of Increasing Class Action Lawsuits and Disparate Impact Claims,” (1999)
Author and Lecturer, CT Restaurant Ass’n., “Current Issues In Wage & Hour Law,” (2000)
Contributing Author, Connecticut Labor and Employment Law
Author and Lecturer, Sterling Education Services, Inc., "Responding to Allegations of Sexual or Racial Harassment," (2005)
Author and Presenter, ABA Labor & Employment Law Section’s Employee Rights and Responsibilities Committee Meeting, “Wondering About WARN, 10 Questions You Never Thought to Ask,” (2005)
Author and Presenter, CT Veterinary Medical Association, Employment Related Restrictive Covenants (2005)
Author and Seminar Presenter, ABA Labor & Employment Law Section’s Webcast, “Legal Rights and Responsibilities of Employers, Employees and Labor Unions in the Aftermath of Hurricane Katrina,” (2005)
Author and Seminar Presenter, CT Culinary Institute – Basic Employment Law in CT (2005)
Author and Presenter, New Haven County Bar Association, Sex, Lies and Employment Discrimination (2005)
Author and Lecturer, National Business Institute, “Strategies for Finding, Preserving and Using Evidence to Support Your Case,” (2008)
Author and Lecturer, National Business Institute, “Winning Your First Civil Trial,” (2008, 2009)
Author and Lecturer, National Business Institute, “Advanced Employment Law,” (2008)
Author and Lecturer, Sterling Education Services, Inc., “Fundamentals of Employment Law,” (2008)
Author and Lecturer, CT Bar Ass’n, Employee Free Choice Act: Effect on an Employer’s Interaction With its Employees,” (2009)
Author and Lecturer, National Business Institute, “Evidence and Expert Testimony Best Practices: Supporting Your Case,” (2010)
Author and Lecturer, Nat’l CLE Conference, “ADA Update,” (2010)
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