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.

Alternative Dispute Resolution

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.

Antitrust Litigation

Shipman's Antitrust lawyers counsel businesses and trade associations, proactively assisting them in anticipating and avoiding antitrust problems. We work with clients on antitrust issues in contracts of all types, including supply arrangements, joint ventures, franchises, and intellectual property licenses.

Appellate

Shipman appellate attorneys have appeared before both federal and state appellate courts and have successfully represented clients in a wide range of appeals, including commercial and contract disputes, product liability claims, criminal defense matters, zoning and land use issues, intellectual property prosecution and defense, bid and procurement disputes and environmental regulatory matters.

Bankruptcy and Creditors' Rights Litigation

We regularly represent our clients in every aspect of a bankruptcy case, ranging from motion practice to complex adversary proceedings. While many matters can be resolved through negotiation, others require aggressive, sophisticated litigation.

Business and Commercial Litigation

The Business and Commercial Litigation team consists of experienced litigators who regularly represent business entities, in both state and federal courts, in a wide variety of disputes. We handle all types of commercial litigation, including broker/dealer disputes, business and partnership disputes, tax disputes, injunctions, breach of contract and securities class actions.

Catastrophic Injury

Experience and results matter. Our Catastrophic Injury team’s results speak for themselves and include many multi-million recoveries obtained in settlements, jury verdicts, and arbitrations. However, in addition to our results, we pride ourselves on the personalized customer service we provide to our clients while we handle their case.

Construction Litigation

We understand the need to address issues that impact budget and delivery time of projects as early in the process as possible, therefore we are often involved at the outset of construction projects, assisting with contracts and risk management strategies to avoid costly delays and disputes. However, when problems arise, our team of construction litigators stand ready to defend our clients’ interests, confidently and vigorously, whether in court or through some form of alternative dispute resolution.

Criminal Defense

Shipman’s criminal defense team has experience representing individuals charged with a variety of offenses in state and federal courts, including murder, manslaughter, vehicular homicide, negligent homicide, sexual assault, spousal sexual assault, risk of injury to a minor, DUI, narcotics and other drug offenses, robbery, larceny, forgery, bank fraud, wire fraud, mail fraud, mortgage fraud, making false statements to the government, computer crimes, perjury, gun crimes, securities fraud, welfare fraud, and healthcare fraud. We also have an extensive background in criminal appellate defense, having briefed and argued many cases in both the Connecticut Appellate and Supreme Courts.

Employment Litigation

With regard to high profile employment litigation cases, we have been involved in numerous matters that have drawn the attention of the media and the public. Part of this attention comes from our representation of public agencies and the attendant media interest associated with claims against those agencies, but we have also been involved in matters where employees have raised claims of public concern such as whistleblower and free speech claims.

Environmental Litigation

Shipman’s environmental litigators represent clients in administrative, civil and criminal enforcement and litigation matters across the full range of environmental sectors. We vigorously advocate for our clients to resolve difficult environmental issues while keeping our focus on the client’s end goals.

Intellectual Property Litigation

When representing clients in the enforcement of their intellectual property rights, our lawyers pursue the most cost-effective approach to resolving disputes based on their understanding of client business needs, legal issues, technical matters, the potential risks and costs of litigation. Our clients include companies and technologies in biotechnology, life sciences, pharmaceuticals, medical and surgical devices, semiconductor manufacturing and computers and software.

Real Estate and Land Use Litigation

Our experience in land use encompasses eminent domain, inverse condemnation, exactions and other constitutional property rights claims, affordable housing, fair housing, drafting and enforcement of regulations, historic preservation, mineral rights and earth materials, specific performance, landlord and tenant, common interest ownership communities, quiet title, tax appeals, and foreclosures.

Appellate

Successfully Defended Appeal of Denial to Compel Arbitration

Successfully defended appeal of district court denial of motion to compel arbitration in appeal to Second Circuit.

Aviation crashes

Settlements Reached in Crash of B-17 Bomber at Bradley International Airport

After mediation before retired Judge Robert Holzberg of Pullman & Comley LLC, The Collings Foundation, Debra A. Riddell, Craig A. Rubner, Scott Rubner, Joseph M. Roberts, Joseph Huber, Jenny Huber, Thomas Schmidt, Linda Schmidt, and Joan Mazzone announce the resolution of all claims arising out of the tragic crash of the B-17 known as Nine-O-Nine at Bradley International Airport on October 2, 2019. While it is our sincere hope that this resolution brings peace and closure to those affected, The Collings Foundation deeply regrets the injuries and losses suffered by the passengers and their families that day. Shipman lawyers Bill Ronalter and Mark Ostrowski represented eight of the ten victims of the crash.

Business tort/commercial litigation

Represented Connecticut Hospital System in Misdelivered Medication Case

Represented Connecticut hospital system in defending privacy claim arising out of misdelivered medication. Resolved at the pleading stage.

Catastrophic injury

$1,000,000 Settlement – Cyclist Hit by Truck

We represented a woman cyclist who was hit by a truck turning to his right into a driveway. Our client was in the shoulder but the police accident reconstruction team that investigated the crash blamed our client for causing the crash. We retained an accident reconstruction expert and an expert that designed the software our client was utilizing during her ride to monitor her speed and other data. With the assistance of both experts, we were able to show why the police investigation was inadequate and its conclusion was wrong. Our client sustained significant orthopedic injuries to her pelvis that required numerous surgeries. After disclosing our experts, we recovered $1M, which was the insurance policy limits for the truck involved in the crash.

$500,000 ARBITRATION AWARD—Motor Vehicle Accident –Low Back injury with fusion surgery

We represented a man with a ten year history of low back problems including a prior low back fusion surgery. He was struck by another driver aggravating his low back problems. Months after the crash, he had a lumbar fusion surgery at a different level of his lower back than the level he had surgery on previously. After a failed mediation with a final offer of $150,000, we agreed to arbitrate the case. Using technology, we reviewed the prior medical notes and magnified important sections of our client’s prior records to show the arbitrator how the crash caused the injuries claimed. The arbitrator returned an award for $500,000, more than three times higher than the final offer.

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.

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.

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.