Hurwitz Sagarin Slossberg & Knuff LLC lawyers have significant experience handling appellate matters in both state and federal courts.
Through the firm’s appellate practice, our lawyers have challenged and established legal precedents in our courts, ensuring that the decisions of trial judges are based on sound legal principles and judgments. HSSK partner 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), widely acknowledged as one of the state’s landmark cases on class certification. 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.
Appellate cases handled by HSSK attorneys include:
- Appellate counsel for Fairfield Conservation Commission in action regarding quo warranto challenging the appointment of a conservation officer to oversee the development of the 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 an appeal in the Connecticut Appellate Court and Connecticut Supreme Court in a case involving the jury instruction on the issue of agency in personal injury actions in which a falling tree branch struck a pedestrian. 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. The case was settled before the decision was rendered.
- Argued in the Second Circuit Court of Appellate to affirm the decision of the trial court to enter a status quo injunction to permit a 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 a defendant employer, which discharged an employee secretly 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 Appellate on behalf of audio designer Mark Levinson in action in which the plaintiff claimed he could not publicize his involvement in a competing business after assigning trademark rights in his name to the plaintiff. See Madrigal Audio Laboratories, Inc. v. Cello, Ltd., 799 F.2d 814 (2d Cir. 1986).
- Successfully briefed in Second Circuit Court of Appellate in obtaining reversal on behalf of a motorcyclist struck by an automobile of trial court’s decision rendering judgment for the automobile operator. See Pfeiffer v. Silver, 712 F.2d 799 (2d Cir. 1983).
- Argued appeal on behalf of consultant restrained from revealing alleged trade secret, raising the issue of whether federal patent law preempted state trade secret law where the 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).