David A. Slossberg

Fraud and other business torts

• Successfully defended local insurance agency against multi-million dollar claimed theft of proprietary computer technology; Member Services, Inc., et al. v. Security Mutual Life Insurance Company of New York, et al., 3:06 CV 1164 (N.D.N.Y.) (TJM)(DEP). See, e.g., decision granting summary judgment dated September 30, 2010.
• Represented collector of rare antique cars for damages to their value caused by improper seizure and loss of automobiles and their pedigree papers and parts. See The Patterson Collection, L.P. v. Sullivan, 2010 WL 1677760 (D.Conn. April 21, 2010).
• Represented general partner of hedge fund against claims of fraud and mismanagement of fund assets.
• Represented environmental firm to recover theft of corporate opportunities by corporate officer who fraudulently concealed his scheme from the company.
• Connecticut counsel for plaintiffs in securities fraud class action against business machine corporation. See Carlson v. Xerox Corp, 596 F.Supp.3d 400 (D.Conn.), aff’d, 2009 WL 4640661 (2d Cir. 2009).
• Co-counsel in pursuing recovery of more than $15 million embezzled by bookkeeper for major development company.
• As trial counsel, obtained jury verdict for fraud and misrepresentation in real estate transaction and successfully defended judgment on appeal. Wallenta v. Moscowitz, 81 Conn.App. 213, cert. denied, 268 Conn. 909 (2004).
• Represented lighting business seeking to recover monies embezzled by bookkeeper. Shemitz Lighting, Inc. v. Hartford Fire Ins. Co., 28 Conn. L. Rptr. 533, 2000 WL 1781840, (Conn. Super. Ct. May 9, 2000).
• Represented defendant in federal court action brought by Resolution Trust Corporation as receiver for a savings and loan association against associate’s former directors alleging negligence, gross negligence and breach of fiduciary duty. See Resolution Trust Corp. v. Camhi, 864 F.Supp. 1121 (D.Conn. 1994).

Unfair and deceptive trade practices (CUTPA)

• Represents group of municipalities in claim for deceptive and unfair business practices in the marketing and distribution of opioids. City of Waterbury v. Purdue Pharma, et al., UWY-CV-17-6036251-S (2017).
• Represented collection company in claim for unfair trade practices arising from scheme to avoid paying earned commissions.
• Represents German manufacturer of commercial laundry equipment for recovery of damages under CUTPA arising from trademark infringement. See Lavatec Laundry Technology GMBH v. Voss Laundry Solutions, Inc., 3:13-CV-0056 (D.Conn. 2013).
• Represented plaintiff business consulting company in federal court action against defendant company that allegedly entered into an agreement for plaintiff to develop a credit card processing program. See 456 Corp. v. United Natural Foods, Inc., 2011 WL 87292 (D.Conn. Jan. 11, 2011).
• Represented engineering firm specializing in use of powder coating technology in federal action against non-profit industry organization alleging breach of contract, misrepresentation and violation of CUTPA by directly competing with member of organization. See Powder Coating Consultants v. The Powder Coating Institute, 2010 WL 582613 (D.Conn. Feb. 16, 2010).
• Represented class of some 500 Connecticut auto body shops against major insurance company based on violation of Connecticut Unfair Trade Practices Act. See Artie’s Auto Body, Inc. v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 320 (2008) (affirming decision certifying class).
• Represented defendant limited liability company and its sole owner in action by creditor alleging, among other things, a violation of CUTPA arising out of an alleged “bust out scheme” to place debtor’s assets out of creditor’s reach. See Master Halco, Inc. v. D’Angelo, 351 B.R. 207 (D.Conn. 2006).
• Represented parents who purchased children’s bedroom furniture alleged to contain formaldehyde for deceptive marketing in violation of CUTPA and the Connecticut Products Liabilities Act. See Stefan v. P.J. Kids, LLC, 2005 WL 834208 (Conn. Super. Ct. Mar. 1, 2005).

Breach of Business Agreements

• Represents manufacturer of cable trays in claim for breach of exclusive supply agreement, including claim of economic duress.  See Mono-Systems, Inc. v. Leco Plastics, Civil Action No. 7:16-CV-2534 (S.D.N.Y. 2016).
• Connecticut counsel for property management corporation in successful defense of federal court action in which a commercial resort in Aruba sought to enjoin client property management corporation from enforcing a transfer of money to the resort as loans in the Aruban court. See Aruba Hotel Enterprises N.V. v. Belfonti, et al., 611 F.Supp.2d 203 (D. Conn. 2009).
• Represented copper distributors in successful action to collect millions of dollars in unpaid invoices for goods sold and delivered.
• Represented cable tray manufacturer to collect monies for unpaid goods provided for construction project.
• Represented software company in breach of bundling agreement for use of software in ATM application.
• Represented university student in federal action obtaining an injunction to preclude the NCAA and the university from preventing him from participating in university’s basketball program and denying him proffered grant-in-aid. See Phillip v. National Collegiate Athletic Association, 960 F.Supp. 552 (D.Conn. 1997).
• Represented sailboard wholesaler in federal action against retailer for breach of contract and unjust enrichment, obtaining judgment for $344,810.90 plus prejudgment interest at statutory rate of ten percent per year. See Bic Sport USA, Inc. v. Kerbel, 995 F.Supp. 244 (D.Conn. 1997).
• Represented former President and CEO of dermatologic cosmetic company for breach of his employment agreement.
• Represented Danish wine distributor in action for breach of supply contract.
• Represented Swiss vodka producer in action for breach of distribution contract.

Trademark Litigation

• Represents German manufacturer of commercial laundry equipment in Lanham Act trial to enjoin misappropriation of trademark.
• Represents entertainment company in defense of claim for trademark violation.
• Represented stone supplier in claim for trade dress violations against former employee and competitor.

Commercial foreclosures and lender liability

• Represented national lender in enforcement of loan documents and personal guarantees in $180 million foreclosure of primary and mezzanine lending for construction of luxury condominiums in Stamford, Connecticut.
• Represented national lender in foreclosure on commercial loan involving hotel in Meriden, Connecticut.
• Represented property management company in obtaining status quo injunction to prevent removal as property manager of foreclosed premises.
• Represented local developer in successful action against national lender resulting in Judgment of $465,000 for misrepresentation by the lender that it would extend and amend terms of existing construction financing, only to break that promise after the owner had invested another $500,000 in the property in reliance on these misrepresentations.
• Represented guarantor on $345 million loan obligation against lending institution efforts to enforce personal guarantee; See, WIBC Aruba N.V. v. Belfonti, 11 Civ. 5423 (S.D.N.Y. 2011).
• Represented property owner in lender liability action involving misleading and inequitable conduct by special servicer of commercial loan.
• Represented non-profit business misled into entering into SWAP Agreement without proper authority or explanation of its punitive terms.
• Represented founder of Starter Corporation in lender liability action against Bank of Boston for breach of lender agreement and misrepresentation.

Reinsurance

• Connecticut counsel for insurer in federal action against reinsurer seeking to recover reinsurance benefits purportedly owed under a liabilities reinsurance agreement and arising from insurer’s settlement of a claim against insured. See Arrowood Surplus Lines Ins. Co. v. Westport Ins. Co., 395 Fed. Appx. 778, 2010 WL 3933561 (2d Cir. Oct. 8, 2010).
• Connecticut counsel for third party defendant in litigation involving reinsurance obligations. See Security Ins. Co. of Hartford v. Trustmark Ins. Co., 282 F.Supp.3d 612 (D.Conn. 2003).
• Lead trial counsel for TIG Insurance Company in defense of Unicover fraud claims brought by Trustmark Insurance.
• Represented Fremont Indemnity Company in successful defense of allocations claims. See Hartford Accident and Indemnity, et. al. v. Ace American, et. al., 2003 WL 22245421(Conn. Super. Sept. 23, 2003)(granting motion to dismiss).
• Represented Gerling Global in case involving dispute as to obligation to follow the fortunes concerning underlying asbestos settlement and allocation.
• Counsel for Odyssey Re in efforts to collect monies owed by reinsurer notwithstanding defense that contract language did not trigger said payments.

Employment Disputes and Discrimination

• Represent former HR Director in disability discrimination and equal pay claim against power company employer.  See Verdone v. Greenleaf Biofuels, LLC, et al., 3:16-CV-01271 (D.Conn. 2016).
• Represented Marine reservist in action against employer alleging wrongful termination on the basis of his military service, in violation of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301 et seq., and state law; Laaser v. Chevrolet of Milford, Inc., 3:12 CV 00664 (D. Conn. 2012) (VLB).
• Represented former pharmaceutical sales representatives of prescription drug manufacturers in federal court class actions alleging a violation of the right to overtime pay under the provisions of the Fair Labor Standards Act. See, e.g., Ruggeri v. Boehringer Ingelheim Pharmaceuticals, Inc., 585 F.Supp.2d 308 (D.Conn. 2008); overruled by, Christopher v. SmithKline Beecham Corp., 132 S. Ct 2156 (2012) (in 5 to 4 decision).
• Represented former plant manager of nursing home in wrongful termination resulting from the employee’s complaints to authorities about unsafe conditions at the nursing home.
• Represented teacher in successful case to have her reinstated to her position after having been wrongfully terminated on the basis of her sexual orientation
• Represented maintenance director of nursing home in claim for age discrimination;
• Represented car salesman who was improperly touched and sexually harassed by manager.
• Represented President and CEO of dermatological company for wrongful termination under his employment agreement where company attempted to concoct reasons for termination “for cause” that were false and pretextual.
• Represented plaintiff, former legal secretary to Town Attorney, in federal action alleging sexual harassment against First Selectman in violation of Title VII of the Civil Rights Act of 1964 and state common law. See Meyers v. Arcudi, 947 F.Supp. 581 (D.Conn. 1996).

Breach of noncompetition agreements

• Successfully enforced noncompete agreement of Director of Sales in wholesale beverage industry, precluding him from joining a large competitor in violation the agreement.
• Represented WTNH, the ABC television affiliate in New Haven in successful action to enforce non-compete of leading news anchor, Al Terzi, in connection with his move to the competing CBS affiliate in Connecticut.
• Counsel for Connecticut company in drafting noncompetition agreements for key employees.

Breakups of professional practices and closely held companies

• Represented partner in failed real estate development venture.
• Represented father in dispute with son concerning family car wash businesses.

Professional Malpractice

• Represent owner of hydroelectric power plant in claim for professional negligence by project engineer. See, Putnam Green Power, LLC, et al., 3:17-CV-02004 (D.Conn. 2017).
• Represent pension plan in claim against actuary for negligence in determining plan distribution. (2017)
• Represented general contractor in connection with construction of $180 million science building at Rutgers University in claim against architect for failure to provide suitable plans for construction of project.  See Worth Construction v. Rutgers, et al., MID-L-6435-15 (Super Ct. N.J. 2015).
• Represented plaintiff in wrongful death of a baby born alive at 21 weeks, who died shortly after birth due to failure of doctor to assess pregnancy before attempts to remove IUD. See Melanie Foster v. de Cholnoky, FBT-CV-13-6034831-S (2013).
• Represented plaintiff in claim of negligence against lawyer who failed to ensure that proper security interest was created in real property not property subdivided. See DeVivo v. Quatrella & Rizio LLC, et al., UWY-CV-11-6014063-S (2011).
• Obtained $923,000 verdict in legal malpractice for failure to properly advise client that the development she sought to purchase was not permitted under local land use regulations; Constante, et al. v. Shafran, FBT-CV-09-5026446S (jury verdict obtained July, 2011).
• Represented plaintiff in medical malpractice action settled successfully for the policy limits before trial alleging that defendant’s negligence caused plaintiff to suffer end stage renal failure requiring a kidney transplant. See Constantino v. Skolnick, 2008 WL 283256 (Conn. Super. Ct. Jan. 16, 2008).
• Represented plaintiff in medical malpractice action against physician, hospital and university, obtaining $1.2 million jury verdict and offer of judgment interest in the additional amount of $451,713.00. See Ranelli v. Yale-New Haven Hospital, 2005 WL 2082820 (Conn. Super. Ct. Aug. 3, 2005); 39 Conn. L.Rptr. 738, 2005 WL 2082817 (Conn. Super. Ct. Aug. 3, 2005).
• Obtained $660,000 verdict for client by reason of plastic surgeon’s failure to timely diagnose Methicillin-Resistant Staphylococcus Aureus (“MRSA”) following breast reduction surgery.

Municipal Representation

• In the first case of its kind, represented City of Milford and Milford Fire Department before the Connecticut Department of Public Health in obtaining reassignment of the Primary Service Area (PSAR) license for basic level transport from American Medical Response (AMR). Applicant #15-001 (2016).
• Represent other municipalities with regard to control of the PSAR fopr ambulance transport.
• Represent City of Milford before Department of Energy and Environmental Protection (DEEP) in reversing decision to approve a high-volume recycling facility adjacent to a residential neighborhood. (2015)
• Represented City of West Haven in connection with claims relating to federal consent decree and compliance with MS4 for Stormwater Management Plan. (2017).
• Successfully represented Town of Fairfield in multi-day hearing seeking to lift a stay pending appeal of earlier ruling ordering removal of public official under doctrine of Quo Warranto.
• Defended City of Milford from claims of housing discrimination, which resulted in the Justice Department withdrawing the case against the City. U.S. v. Housing Authority of Town of Milford, 3:97 CV 785 (D. Conn.) (AHN).

Class actions

• Liaison counsel for class of plaintiffs seeking relief from Toyota for defective sliding doors in their mini-vans. See Simerlein v. Toyota Motor Corporation, et al. 3:17-CV-01091 (D.Conn. 2017).
• Represented class of auto body repair shops in action alleging steering of insureds by insurer to repair facilities preferred by insurer. See Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 370 (2008) (affirming certification of class).
• Lead counsel for class of independent auto body repairers in federal class action against national casualty insurer alleging steering repair work to favored auto body shops and suppression of labor rates in auto body industry. See A&R Body Specialty v. Progressive Casualty Co., 2008 WL 2229888 (D.Conn. May 25, 2008).
• Liaison counsel for plaintiffs in federal consumer class action against Trilegiant Corporation, several prominent internet retailers, and several banks for conspiring to make unauthorized charges to consumers’ credit cards in violation of the Racketeer Influenced and Corrupt Organizations Act, the Electronic Communications Privacy Act, the Connecticut Unfair Trade Practices Act, and federal wire fraud statutes; In re Trilegiant, 3:12 CV 00396 (VLB).
• Represented plaintiffs in class action on behalf of purchasers of children’s bedroom furniture alleged to contain formaldehyde. See Stefan v. P.J. Kids, LLC, 2005 WL 834208 (Conn. Super. Ct. Mar. 1, 2005).
• Connecticut counsel for plaintiffs in securities fraud federal class action on behalf of purchasers of common stock in secondary public offering against genomic sequency company and its officers and directors. See In re PE Corporation Securities Litigation, 221 F.R.D. 20 (D.Conn. 2003).
• Co-counsel representing plaintiffs in consumer class action against Ford Motor Company and Firestone for defective tires and defective design of the Ford Explorer that lead to multiple rollovers.
• Local counsel in multiple wage and hour cases against pharmaceutical companies concerning whether sales representatives are non-exempt employees under overtime laws.
• Local counsel in securities fraud class actions concerning misrepresentation or material omissions in reporting information about the financial circumstances of corporations.

Appeals

• Counsel for the City of Milford in appeal to Federal Court of the reversal by FEMA to fund the remediation of damage caused by Storm Sandy.
• Appellate counsel for City of Milford in opposing unlawful recycling facility. See Recycling, Inc. v. Robert Klee, Commissioner, Department of Energy and Environmental Protection and the City of Milford. AC 38869 (2016).
• 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, 2010 WL 3038562 (Conn. Super. Ct. July 6, 2010).
• Successful representation of plaintiff class in landmark decision certifying class of auto repair shops in action against property damage insurer. See Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 370 (2008).
• Successfully defended judgment in favor of house purchaser against vendor for rescission and restitution based on fraud and negligent misrepresentation. See Wallenta v. Moscowitz, 81 Conn. App. 219, 839 A.3d 64 (2004).
• Argued in the Connecticut Supreme Court regarding class certification in Ford rollover cases. Case was settled before decision rendered.
• Worked on Second Circuit Court of Appeals action 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).

Other notable jury verdicts

• Represented plaintiff injured in collision between automobile and truck obtaining a jury verdict in the amount of $820,000. See Blum v. Cruz, 2003 WL 1477988 (Conn. Super. Ct. Mar. 10, 2003) (denying defendants’ motions to set aside verdict and for remittitur).
• Obtained $680,000 verdict for plaintiff arising from injuries resulting from defendant’s having run a red light and hitting the plaintiff who was riding a moped. See Viscount vs. Heinmiller, 1999 WL 33472009 (Conn. Super. Ct. Dec. 1, 1999).

Alternative Dispute Resolution

• Lead arbitrator in a multi-million-dollar dispute concerning the entitlement to, and valuation of, minority stock interests in an $80 million dollar closely- held business;
• Mediator in complex employment discrimination matters;
• Court appointed Special Master in mediating and assisting in successful settlement of wage and hour class action;
• Court appointed Special Master to propose and administer settlement of payment of wages to class of terminated employees

Representative Cases

• Patterson Collection, L.P. v. Sullivan, 2010 WL 1677760, 2010, D.Conn. April 21
• Carlson v. Xerox Corp., 596 F.Supp.3d 400, 2009, 2d Cir.
• Carlson v. Xerox Corp., 355 Fed. Appx. 523, 2009 WL 4640661, 2009, 2d Cir.
• Master-Halco, Inc. v. D’Angelo, 351 B.R. 287, 2006, D.Conn.
• Wallenta v. Moscowitz, 81 Conn. App. 213, 839 A.2d 641, 2004
• Wallenta v. Moscowitz, 81 Conn.App. 213, cert. denied, 268 Conn. 909, 2004
• Shemitz Lighting, Inc. v. Hartford Fire Ins. Co., 28 Conn. L. Rptr. 533, 2000 WL 1781840, 2000, Conn. Super. Ct. May 9
• In re PE Corporation Securities Litigation, 221 F.R.D. 20, 2003, D.Conn.
• Resolution Trust Corp. v. Camhi, 864 F.Supp. 1121, 1994, D.Conn.
• 456 Corp. v. United Natural Foods, Inc., 2011 WL 87292, 2011, D.Conn. Jan. 11
• Powder Coating Consultants v. The Powder Coating Institute, 2010 WL 582613, 2010, D.Conn. Feb. 16
• Artie’s Auto Body, Inc. v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 320, 2008
• A&R Body Specialty v. Progressive Casualty Co., 2008 WL 2229888, 2008, D.Conn. May 28
• Master Halco, Inc. v. D’Angelo, 351 B.R. 207, 2006, D.Conn.
• Stefan v. P.J. Kids, LLC, 2005 WL 834208, 2005, Conn. Super. Ct. Mar. 1
• See Aruba Hotel Enterprises N.V. v. Belfonti, et al., 611 F.Supp.2d 203, 2009, D. Conn.
• See Phillip v. National Collegiate Athletic Association, 960 F.Supp. 552, 1997, D.Conn.
• Bic Sport USA, Inc. v. Kerbel, 995 F.Supp. 244, 1997, D.Conn.
• Arrowood Surplus Lines Ins. Co. v. Westport Ins. Co., 395 Fed. Appx. 778, 2010 WL 3933561, 2010, 2d Cir. Oct. 8
• Security Ins. Co. of Hartford v. Trustmark Ins. Co., 282 F.Supp.3d 612, 2003, D.Conn.
• Hartford Accident and Indemnity, et. al. v. Ace American, et. al., 2003 WL 22245421, 2003, Conn. Super. Sept. 23
• Ruggeri v. Boehringer Ingelheim Pharmaceuticals, Inc., 585 F.Supp.2d 308, 2008, D.Conn.
• Meyers v. Arcudi, 947 F.Supp. 581, 1996, D.Conn.
• Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 370, 2008
• Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 50 Conn. L.Rptr. 790, 2010 WL 4354114, 2010, Conn. Super. Ct. Oct. 14
• A&R Body Specialty v. Progressive Casualty Co., 2008 WL 2229888, 2008, D.Conn. May 25
• Stefan v. P.J. Kids, LLC, 2005 WL 834208, 2005, Conn. Super. Ct. Mar. 1
• In re PE Corporation Securities Litigation, 221 F.R.D. 20, 2003, D.Conn.
• Constantino v. Skolnick, 2008 WL 283256, 2008, Conn. Super. Ct. Jan. 16
• Ranelli v. Yale-New Haven Hospital, 2005 WL 2082820, 2005, Conn. Super. Ct. Aug. 3
• Blum v. Cruz, , 2003 WL 1477988, 2003, Conn . Super. Ct. Mar. 10
• Viscount vs. Heinmiller, 1999 WL 33472009, 1999, Conn. Super. Ct. Dec. 1
• Bateson v. Weddle, 2010 WL 3038562, 2010, Conn. Super. Ct. July 6
• Artie’s Auto Body Shop v. Hartford Fire Ins. Co., 287 Conn. 208, 947 A.2d 370, 2008
• Wallenta v. Moscowitz, 81 Conn. App. 219, 839 A.3d 64, 2004
• Phillip v. National Collegiate Athletic Association, 960 F.Supp. 552, 1997, D.Conn.