Robinson+Cole has long recognized that appellate advocacy is a specialty unto itself. The members of our highly experienced and diverse Appellate Group, many of whom are former appellate law clerks, possess unique talents and skills and bring them to bear on behalf of our clients.
Our lawyers have had significant experience in analyzing cases to select the most promising issues for presentation on appeal. In addition to the Appellate Group's long history of success in the Connecticut appellate courts, members of the Appellate Group have handled appeals in both state and federal courts throughout the United States and in a variety of specialized tribunals, such as bankruptcy appellate panels, tax appeals, and administrative appeals. In recent years, Robinson+Cole has handled appeals in the United States Supreme Court; the United States Courts of Appeals for the First, Second, Third, Fifth, Eighth, Ninth, Eleventh, and Federal Circuits; and the state appellate courts in Connecticut, Florida, Louisiana, Massachusetts, Mississippi, New York, and Rhode Island.
The Appellate Group is composed of five lawyers with substantial appellate experience. Jeffrey J. White, who clerked for former Connecticut Supreme Court Chief Justice Ellen Ash Peters, is chair of the group. He has successively argued appeals before the Connecticut Supreme and Appellate Courts as well as handled appeals in the US Supreme Court and other federal and state appellate courts. Linda L. Morkan, a Fellow of the American Academy of Appellate Lawyers, has been involved in appeals before the Connecticut Supreme and Appellate Courts; the Supreme Judicial and Appeals Court of Massachusetts; the New York Court of Appeals; the US Court of Appeals for the First, Second, Fifth, Eighth, and DC Circuits; and the US Supreme Court. Thomas J. Donlon, former senior government appellate counsel for the United States Coast Guard, has successfully prepared briefs and presented arguments in state appellate courts in both Connecticut and New York, as well as in the federal courts of appeals for the Second, Ninth, and Federal Circuits. Wystan M.
Ackerman has a national appellate practice focusing on insurance coverage, regularly representing insurers and a major insurance industry association (as amicus curiae) in cases involving critical insurance coverage issues, including several high-profile cases arising from Hurricane Katrina. Bradford S. Babbitt, a former appellate clerk and current chair of the firm's Business Litigation Group, has handled appeals in the Connecticut appellate courts and several appeals in the Second Circuit.
In addition, the Appellate Group also includes several recent appellate law clerks.
Broome County v. The Travelers Indemnity Company, 125 A.D.3d 1241 (N.Y. 3d Dept. 2015)
Channing Real Estate v. Gates 159 Conn. App. 59 (2015)
Erlich v. American International Group, Inc. et al. (N.Y. App. Div. 1st Dep't)
Old Colony Construction v. Southington, 316 Conn. 202 (2015)
Rathbun v. Health Net of the Northeast, Inc., 315 Conn. 674 (2015)
Richard Trusz v. UBS Realty Investors, 319 Conn. 175 (2015)
State of Connecticut Department of Transportation v. White Oak Corporation 319 Conn. 582 (2015)
Tougher Industries Inc. v. The Dormitory Authority of the State of New York, 130 A.D.3d 1393 (N.Y. 3rd Dept. 2015)
Ardente v. Standard Fire Ins. Co., 2014 U.S. App LEXIS 4617 (1 st Cir. 2014)
Fludd, Jovan v. Brian Fischer, 2014 U.S. App. LEXIS 10812 (2d Cir. 2014)
Jaegr v. Cellco P'ship, 542 Fed. App'x 78 (2d Cir. 2013), cert. denied, 2014 U.S. LEXIS 5255 (2d Cir. 2014)
Southern New England Telephone Co. d/b/a AT&T Connecticut v. Cablevision Lightpath-CT, Inc. , 718 F.3d 53 (2d Cir. 2013)
Callendar v. Reflexite, 143 Conn. App. 351 (Conn. App. Ct. 2013)
Capstone Building Corp. v. American Motorists Ins. Co., 308 Conn. 760 (2013)
Chicago Title Insurance Company v. Bristol Heights Associates LLC, 142 Conn. App. 390 (Conn. App. Ct. 2013)
DDS Wireless International, Inc. v. Nutmeg Leasing, Inc., 145 Conn. App. 520 (Conn. App. Ct. 2013)
Joseph v. Joseph, 2013 Conn. Super. LEXIS 966 (Conn. Super. Ct. 2013)
Long v. Fireman's Fund Insurance Company, 430 Md. 646 (Md. Ct. Special Appeals 2013)
Silicon Valley Bank v. Miracle Faith World Outreach, Inc., 140 Conn. App. 827 (Conn. App. Ct. 2013)
Thorne v. Kings Harbor Multicare Ctr., 2013 slip op 63626(U) (N.Y. App. Div. 1st Dep't 2013)
Stern d/b/a The Jeweler v. Charter Oak Fire Insurance Co. , 951 N.Y.S.2d 410 (N.Y. App. Div. 4th Dep't 2012)
TravCo Insurance Co. v. Ward , 2012 Va. LEXIS 203 (4 th Cir. 2012)
United Healthcare Insurance v. Azar, 2012 NY Slip Op 90100(U) (N.Y. App. Div. 1 st Dep't 2012)
Jaeger v. Cellco Partnership d/b/a Verizon Wireless , 2011 U.S. App LEXIS 2891 (2d Cir. 2011), cert. denied 131 S. Ct. 3068 (2011)
Successfully represented insurer in the Supreme Court of the United States (lead counsel on petition for certiorari and co-counsel on merits) in Standard Fire Insurance Company v. Knowles, __ S. Ct. __, 2013 WL 1104735 (U.S. Mar. 19, 2013) (invalidating stipulation by named plaintiff attempting to limit amount in controversy to below $5 million.
Persuaded trial court to dismiss appeal for lack of standing where appellant challenged Connecticut Siting Council authorization to build and operate telecommunications facility in Northwest, Connecticut; successfully defended that decision and numerous other issues raised on appeal at the Connecticut Appellate Court and the Connecticut Supreme Court.
Representing a Connecticut employer in a certified question to the Connecticut Supreme Court concerning the extent to which the Connecticut Constitution's Declaration of Rights protects employees' free speech rights in the workplace.