Business, Contracts and Commercial Cases

• Poulin v. Balise Auto Sales, Inc., 647 F.3d 36 (2nd Cir. 2011) Successfully defended an automobile dealer’s business model from a Truth-in Lending challenge.
• Small v. Going Forward, Inc., 281 Conn. 417; 915 A.2d 298 (2007) After obtaining a reservation to appeal in a class action, prevented attribution of regulatory intent to a statutory definition of “conveyance fee” applicable to automobile dealers.
• Friedman v. Donenfeld, 92 Conn. App. 33, 882 A.2d 1286 (2005) cert. denied, 276 Conn. 930, 889 A.2d 817 (2005)  Binder agreement signed by the parties was not a binding contract for the sale of commercial waterfront property.
• Federal Deposit Ins. Corp. v. Mutual Communications Associates, Inc., 262 Conn. 358, 814 A.2d 377 (2003) Enforced a promissory note against corporate officers and guarantors, despite purchase of note by an entity partly owned by the wife of one of the officers.  Court, inter alia, rejected rule that the actions of a wife are presumptively for the benefit of her husband.
• United Illuminating Company v.  Wisvest-Connecticut LLC, 259 Conn. 665, 791 A.2d 546 (2002) Obtained reversal of trial court judgment vacating arbitration award where arbitration panel had considered extrinsic evidence to determine parties’ intent under a contract. (Local counsel for appellant)
• Custom Sports Apparel v. Squires Hightech, 26 Fed. Appx. 68 (2nd Cir. January 8, 2002) Successfully defended the imposition of an injunction in action against a sporting goods manufacturer to protect plaintiff's trade secrets and other proprietary information.
• Calandro v. Allstate Ins. Co., 63 Conn. App. 602; 778 A.2d 212 (2001) Successfully defended insurance adjuster representing an insured against unfair trade practice claims asserted by the insurer during the loss adjustment process.  Policy arguments concerning insurance adjusters’ duties were persuasive in avoiding liability where the same conduct by the adjuster gave rise to liability to the insured.
• Phillip v. Fairfield Univ., 118 F.3d 131 (2nd Cir. 1997) Defended the NCAA in an action seeking injunction against the enforcement of student athlete academic eligibility requirements against a college basketball player. District Court’s injunction was reversed.
• Willamette Mgmt. Assoc. v. Palczynski, 134 Conn. App. 58 (2012) Enforced original contract for services against breaching defendant, despite existence of subsequent agreement containing integration clause.  Subsequent agreement was not supported by consideration because it was nothing more than a promise to do something the promisor was already legally obligated to do. Click here to view the full opinion