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Appeals

The lawyers at Hurwitz, Sagarin, Slossberg & Knuff, LLC have significant experience in handling appeals in both state and federal courts. Through the firm's appellate practice, our lawyers have challenged and established legal precedent in our courts, ensuring that the decisions of trial judges are based on sound legal principles and judgments. HSSK member David Slossberg successfully argued before the Connecticut Supreme Court to affirm certification of a class of independent auto body shops in the case of Artie's Auto Body Shop v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A3d 320 (2008), which is widely acknowledged as one of the landmark cases on class certification in the State. Attorney David Belt has argued before the Second Circuit Court of Appeals and the Connecticut Supreme Court. The firm's lawyers have participated in appeals involving a broad range of subject areas including the law of rescission and restitution, trial court rulings on issues of evidence and jury charges, municipal law, arbitration, reinsurance, civil rights, wage and hour law, class certification, intellectual property and securities fraud.

Appeals cases handled by the attorneys at HSSK have included:

Appellate counsel for Fairfield Conservation Commission in action regarding quo warranto challenging appointment of conservation officer to oversee development of Fairfield train station project. See Bateson v. Weddle , Docket No., SC 18720 (Formerly AC 32475) (to be argued in the Connecticut Supreme Court in 2012).

  • Successful defense of fraud verdict obtained in connection with misrepresentations in the sale of a home, addressing on appeal important issues of rescission and restitution, and the standard of proof in fraud cases. See Wallenta v. Moscowitz, 81 Conn. App. 213, 839 A.2d 641, cert. denied, 268 Conn. 909 (2004).
  • Argued appeal in Connecticut Appellate Court and Connecticut Supreme Court in case involving the jury instruction on the issue of agency in personal injury actions in which pedestrian was struck by a falling tree branch. See McDermott v. Calvary Baptist Church, 68 Conn. App. 284, 791 A.2d 602 (2002), aff'd, 263 Conn. 378, 819 A.2d 795 (2003).
  • Argued in the Connecticut Supreme Court regarding class certification in Ford rollover cases. Case was settled before decision rendered.
  • Argued in the Second Circuit Court of Appeals to affirm decision of the trial court to enter a status quo injunction to permit student athlete to remain in school despite decertification of his eligibility by the NCAA Clearinghouse. See Phillip v. National Collegiate Athletic Association, 960 F.Supp. 552 (D.Conn. 1997).
  • Argued on behalf of defendant employer which discharged employee who had secretly been recording conversations with supervisors. See Heller v. Champion International, Inc., 891 F.2d 432 (2d Cir. 1989).
  • Successfully argued in the Second Circuit Court of Appeals on behalf of audio designer Mark Levinson in action in which plaintiff claimed he could not publicize his involvement in a competing business after assigning trademark rights in his name to plaintiff. See Madrigal Audio Laboratories, Inc. v. Cello, Ltd., 799 F.2d 814 (2d Cir. 1986).
  • Successfully briefed in Second Circuit Court of Appeals in obtaining reversal on behalf of motorcyclist struck by an automobile of trial court's decision rendering judgment for the operator of the automobile. See Pfeiffer v. Silver, 712 F.2d 799 (2d Cir. 1983).
  • Argued appeal on behalf of consultant restrained from revealing alleged trade secret, raising issue of whether federal patent law preempted state trade secret law where owner of alleged trade secret had filed a patent application. See Plastic & Metal Fabricators, Inc. v. Roy, 163 Conn. 257, 303 A.2d 725 (1972).


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