Practices
Litigation

Litigation

Every major law firm boasts a strong litigation practice, but at Shipman, our lawyers are more than litigators—we are known for trying cases and achieving results that protect our clients’ brand—sometimes even setting enduring industry precedents. When disputes or other claims arise, we work with you to resolve them, maximizing client value and minimizing risk, whether it be negotiation, mediation, arbitration, or litigation. Our trial lawyers develop relationships to ensure a keen understanding of our clients’ business needs and industry challenges.

Our litigation practice is extensive and diverse, ranging from modest personal and small business disputes, to complex actions and class actions requiring substantial planning, resources, and trial skills. Our trial lawyers regularly handle complex matters in multiple jurisdictions throughout the country. Over the last five years we have appeared in more than 40 jurisdictions. Our insurance and reinsurance litigation practice is nationally ranked in Chambers. Additionally, U.S. News & World Report, and Best Lawyers have rated Shipman as one of the “Best Law Firms,” both regionally and nationally in fourteen categories of litigation, including antitrust, commercial, construction, environmental, insurance, intellectual property, land use and zoning, personal injury, product liability, real estate, tax and trusts and estates litigation.

Dispute resolution in forums other than the courts has been commonplace for decades. More recently, with court closures due to the COVID-19 Pandemic, ADR processes have grown exponentially. Not only does ADR offer parties a way to resolve their disputes using an impartial third party, but it can be done virtually, saving time and significantly reducing costs more so than traditional litigation.

Business tort/commercial litigation

Oceanfront Property Purchase Dispute

Represented a real estate developer in litigation stemming from a purchase and sale agreement involving oceanfront property.

Catastrophic injury

Summary Judgment in Municipality's Favor on Mold Exposure Claim

Represented a municipality in a lawsuit brought by a former employee, who alleged that it was negligent by exposing her to mold in the course of her employment. Shipman argued on summary judgment both that the plaintiff's claim was barred by the statute of limitations and that the municipality was immune from plaintiff's claims. The court granted summary judgment in the municipality's favor on statute of limitations grounds and did not reach the issue of governmental immunity.

Criminal defense litigation

Conviction Overturned

20 Year-Old, Skilled Worker at a Major Defense Manufacturer

Defendant entitled to a new trial.

Drugs and medical devices

Defense Verdicts in Product Liability Actions (2018)

Trial team member in multiple cases tried to a jury verdict in favor of one of the firm’s pharmaceutical clients.

In re DePuy Orthopaedics, Inc. Pinnacle Hip Implant Prods. Liab. Litig. (MDL 2244)

As part of DePuy Orthopaedics’ MDL trial team, Shipman & Goodwin’s attorneys have handled C-suite level witness preparation and expert witness discovery and preparation on a variety of medical and regulatory issues relating to DePuy’s hip prostheses.

Ness vs. DePuy Orthopaedics, Inc. et al., Baltimore, Maryland (Md. Super. Ct. July 6, 2015)

Shipman served as Lead Counsel of a national team that represented Johnson & Johnson in a major victory for DePuy Orthopaedics in another Pinnacle hip implant action. Following a Daubert hearing, the Court granted the motion seeking to preclude plaintiff’s expert testimony and then entered summary judgment in favor of all defendants.

Defense of Product Liability Actions in State and Federal Courts (filed 2018)

Represented pharmaceutical client in multiple actions brought by same plaintiff in state and federal courts. Prevailed on motion to dismiss state court action. Federal court action was favorably resolved after minimal discovery.

Litigation

Representative Experience Representing Refiners and Distributors in Petroleum Marketing-Related Litigation Includes:

Mac’s Shell Service, Inc. v. Shell Oil Products Co. LLC, 559 U.S. 175 (U.S. 2010)

S&F Investments, LLC v. Alliance Energy, LLC, 2022 WL 3019587 (D. Conn. 2022)

Sidhi Vinayak Petroleum, Inc. v. Hess Corporation, 2019 WL 13215711 (D. Conn. 2019)

Hopkinton Friendly Service, Inc. v. Global Companies LLC, 490 F. Supp. 3d 421 (D. Mass. 2020); 384 F. Supp. 3d 179 (D. Mass. 2019); 2018 WL 5253287 (D. Mass. 2018)

Aldin Associates Limited Partnership v. Hess Corporation, 176 Conn. App. 461 (Conn. App. 2017); 2019 WL 413581 (Conn. Super. Ct. 2019)

Fairy-Mart v. Marathon Petroleum Company, LP, 2017 WL 5140514 (D. Conn. 2017)

Motiva Enterprise LLC v. W.F. Shuck Petroleum, 2012 WL 601245 (D. Conn. 2012)

Product and tort

Won summary judgment in multi-party products liability wrongful death case

Served as lead defense counsel in Connecticut Superior Court for an international equipment lessor in a wrongful death case asserting claims of negligent entrustment and products liability. After more than one year of hard fought discovery, including the disclosure and depositions of technical, medical and damages expert witnesses, the court granted our Motion for Summary Judgment at the commencement of jury selection.

National Governmental Firearms Litigation Defense

Firearms Manufacturer

Connecticut Counsel to client in connection with the governmental firearms litigation that was brought in over fifteen jurisdictions throughout the United States.

Real estate

Defeated PJR Application in Real Estate Dispute for Bank

Successfully represented our clients in defense of an application for a prejudgment remedy (PJR) filed by a real estate broker who sought a $1.9 million attachment against them. The broker claimed that he produced a ready, willing and able buyer for the commercial real estate portfolio being sold by our clients.

The judge denied the PJR application, finding that the broker was likely aware that the individual agent who signed the listing agreement did not have the authority to bind the corporate entities, which had been in litigation with the agent for several years immediately prior to the signing of the listing agreement.

Trusts, estates and fiduciary management

Trust and Estate Litigation and Reformation Actions

Trusts and estate litigation including complaints for instructions, petitions seeking the allowance of accounts, requests for reformation of trusts, and defending claims brought by beneficiaries.

White collar defense

Defense Against Charges of Mail Fraud

Representing Connecticut employee of a New Jersey medical devices manufacturer charged in federal court in the District of New Jersey with mail fraud, and securing a sentence substantially reduced from the recommended federal Guidelines imprisonment range.