Related Practices

Litigation

From precedent-setting to bet-the-company matters

Carmody has one of the most respected and diverse litigation practices in the Northeast. We have extensive experience in litigating intellectual property, antitrust, product liability, real estate, health care, employment, environmental issues, construction, workout and creditors' rights, insurance, securities and contract matters.

A wide range of clients, including banks, corporations, developers, insurers, utilities and governmental entities rely on us to resolve their disputes quickly and cost-effectively. 

A deep bench

Our litigation team is led by prominent and skilled trial lawyers. Our firm has litigators that have been inducted as fellows of the prestigious American College of Trial Lawyers, certified as trial specialists by the National Board of Trial Advocacy, and have served as presidents of such groups as the Connecticut Defense Lawyers Association and the Connecticut Trial Lawyers Association.

Commercial Litigation

Developing winning strategies for business disputes

Carmody regularly represents Fortune 500 companies, mid-sized, and family businesses in all types of commercial litigation.  We take special pride in our successful work in high-stakes, bet-the-company lawsuits. We also counsel business clients as to potential claim exposure and prevention and legal developments affecting their businesses.

We have successfully represented numerous clients in diverse matters involving:

  • Contract disputes
  • Corporate split-ups
  • Distributorship and franchise disputes
  • Business fraud claims
  • Securities litigation
  • Criminal and grand jury matters relating to commercial issues
  • Partnership and closely held business disputes
  • Unfair trade practices claims
  • Insurance coverage disputes
  • Commercial landlord and tenant disputes
  • Claims of constructive trust
  • Investor litigation
  • Antitrust litigation

Product Liability

Reducing exposure, protecting brands

Product liability exposures are a ubiquitous concern for manufacturers and distributors. Carmody counsels clients on product liability prevention measures and product recalls, and when needed, prosecutes and defends product liability cases in both state and federal courts in Connecticut.

We represent a broad range of clients, from product manufacturers to utility companies and health care providers, in both serious personal injury and property damage claims. With your best interests at the forefront, we stay by your side, from investigation to the evaluation and litigation of the claims.

Intellectual Property Litigation

Legal Talent and Client Service

When it comes to IP, the best prevention is broad protection. However, there are times when it is necessary to enforce and defend your IP rights. If that need arises, Carmody is ready to assist.

Our Intellectual Property Litigation Group is comprised of experienced and talented trial attorneys that deliver results through vigorous and skilled advocacy.  Whether through aggressive trial representation, strategic settlement negotiations or alternative dispute resolution, we aim to achieve your business objectives.

Our trial attorneys have extensive litigation experience in courts throughout the United States and handle cases involving all aspects of intellectual property and related claims.  Our practice also includes investigations before the International Trade Commission and patentability reviews and reexaminations before the Patent Office. 

As the interaction between IP rights and competition law increases, our clients benefit from our anti-trust experience and our ability to represent them in cases concerning breaches of competition law.

The Right Resources at the Right Time

We recognize that most intellectual property cases don’t require an army of lawyers performing every conceivable task.  Instead, we bring to the table the right resources at the right time to achieve effective results in the most cost-efficient way possible.  Our clients get the legal talent they expect from a large firm plus the value and personal attention of a firm next door. 

We are invested in you as much as your success, so we strive to develop value-driven relationships. Clients appreciate our real-world approach, and we are proud to call many of them friends. As a result, our clients call upon us – repeatedly and exclusively – to represent them in their most significant IP cases throughout the country. 

Recognized and Respected

Our clients choose us because we achieve their goals, and our peers recognize us for our accomplishments.  Our trial attorneys have been designated as Connecticut and New England Super Lawyers™, Local Litigation Stars by Benchmark Litigation and have been included on lists of the “Top 10 Connecticut Super Lawyers,” “Connecticut Top 50 Super Lawyers,” “New England Top 100 Super Lawyers” and “Best Lawyers in America.” 

Skilled in a Highly Specialized Area of Law

Carmody’s appellate lawyers offer a formidable combination of experience in patent, trademark, trade secret, copyright and law, with a deep understanding of the rules of appellate procedure. Our experience in handling intellectual property appeals spans:

  • USPTO actions
  • Appeals to the Federal Circuit in patent cases
  • ITC Section 337 investigations
  • Appeals to the federal courts of appeals in trademark and copyright cases
  • Petitions for certiorari

Backed by this powerful combination of IP and appellate experience, we argue regularly before the US Court of Appeals for the Federal Circuit on behalf of our IP clients.

Employment Litigation

When you need to take a strong stance

With the explosion of new state and federal laws regulating the employee-employer relationship, businesses may find themselves in the unfortunate position of having to defend against a variety of workplace claims.

We defend employers and business executives accused of violating provisions of employment agreements including confidentiality and non-competes. We also have defended many wrongful discharge, wage and hour, employment discrimination, and harassment and retaliation claims including many ADA, ADEA, Title VII, sexual harassment, constructive discharge, workers' compensation retaliation, and whistle-blower retaliation claims in federal and state forums.

Broad experience successfully defending employers

We regularly defend public, private, for profit and non-profit employers. We handle employment matters before federal and state courts, the National Labor Relations Board (NLRB) and the Connecticut Board of Labor Relations, Connecticut Board of Mediation and Arbitration, the Equal Employment Opportunity Commission (EEOC), the Massachusetts Commission Against Discrimination (MCAD), the New York State Division of Human Rights, the Connecticut Commission on Human Rights and Opportunities (CHRO), the U.S. and Connecticut Departments of Labor, U.S. Wage & Hour Division, the Occupational Safety and Health Administration (OSHA) and the Connecticut Workers' and Unemployment Compensation Commissions.

Medical Malpractice Defense

When it’s all on the line

With over 25 years of medical malpractice defense experience, Carmody is widely respected for its successful representation of hospitals, physicians and other healthcare providers. The firm is known for trying difficult, high-exposure cases, and has an impressive track record of over 90% of cases resulting in verdicts favorable to the defense. We have tried hundreds of cases on a wide range of medical issues involving:

  • Cardiothoracic surgery
  • Emergency medicine
  • Neurosurgery
  • Nursing care
  • Orthopedic surgery
  • Obstetrics
  • Psychiatry

In particular, we have successfully defended a wide range of major claims brought against Connecticut hospitals and doctors, spanning:

  • Claims of physician misdiagnosis resulting in severe injury and death
  • Claims of negligent surgeries resulting in quadriplegia and death
  • Mismanagement of labor and delivery, resulting in severe infant brain damage and cerebral palsy
  • Psychiatric malpractice claims relating to the failure to prevent suicide and homicide
  • Sexual abuse in the course of the psychiatrist/patient relationship
  • Claims of delayed diagnosis of malignant melanoma and cervical cancer arising from laboratory testing errors
  • Claims of negligent treatment in the emergency room

Team consistency and cost efficiency

We collaborate closely with the defendant physician and risk management/in-house legal departments in the defense of malpractice cases. You will have the same legal team throughout the case to help ensure cost efficiency and avoid the duplication of effort that is, unfortunately, all too common in medical malpractice defense.

Creative strategies for a positive outcome

Clients appreciate our ability to develop innovative defense strategies. Our goal is to identify, at an early stage, which cases should be tried through verdict and which cases should be targeted for early resolution through settlement or mediation. This strategy has been successful in resolving cases with probable liability in a cost-effective manner, both in terms of litigation costs and indemnity payout.  Additionally, we have successfully utilized bifurcation of liability and damages and high/low agreements to reduce exposure and increase predictability of the outcome.

Professional Ethics/Grievance

Helping you preserve your professional reputation

Even highly skilled, ethical lawyers are grieved from time to time. An allegation of unethical conduct is a serious matter that places your legal practice and professional reputation under scrutiny. Under these trying circumstances, Carmody can guide you through the grievance process to help you respond swiftly and effectively to grievance complaints.

With discretion and sensitivity, we have successfully advised and defended some of Connecticut’s largest and highest profile law firms in delicate ethics issues, professional claims and grievance complaints.

Professional Liability

When legal claims are at your doorstep

We have significant experience defending lawyers, accountants and actuaries against professional malpractice and related claims. Our professional liability attorneys keep clients apprised of legal and regulatory developments related to professional liability to help them avoid lawsuits and to assert a strong defense when litigation is unavoidable. In addition to defending clients against professional malpractice claims, our lawyers regularly represent clients in federal and state bars or other regulatory investigations and proceedings.

Personal Injury

Carmody handles all aspects of personal injury and wrongful death.  Our team has more than 70 years of combined trial experience, and we represent clients in all state, federal and appellate courts in Connecticut. You can count on us to take your case as far as it needs to go to help you get the compensation you deserve.

A common goal

Helping injury victims is one of the most challenging and rewarding specialties in the practice of law.  We love what we do and take great care in representing you as an individual who has suffered serious physical or emotional injury. We strive to get clients the compensation they deserve, including numerous multimillion dollar verdicts and settlements.

We have handled thousands of cases involving a variety of claims and injuries arising from: 

  • Auto accidents
  • Bike and pedestrian accidents
  • Defective products
  • Defective roadways or premises
  • Drowning
  • Drunk driving accidents
  • Medical malpractice
  • Motorcycle or truck collisions
  • Slip and fall accidents
  • Sports injuries
  • Workers compensation and construction accidents
  • Workplace injuries
  • Wrongful death

Free consultation – we are here to answer your questions

If you have been injured, it’s important to talk to a personal injury attorney as soon as possible to investigate your claim and preserve evidence of liability. Call us for a free initial consultation and we will gladly answer your questions and explain your rights to compensation. 

Creditors' Rights

Endure in distressed situations

Carmody is a firm of choice for protecting client interests in bankruptcy, foreclosure and collection proceedings in the various federal and state courts of Connecticut and selected other states. Our lawyers appear regularly on behalf of creditors in Connecticut and New York bankruptcy courts. Of particular note is our work in the area of:

  • Handling complex foreclosures on behalf of Connecticut lending institutions and other clients
  • Assisting landlords in resolving disputes with tenants, including eviction actions involving commercial tenants
  • Representing utility companies in collecting sums resulting from theft of utility services and unpaid commercial accounts

Appeals

Striving for favorable decisions in every court

With advocacy skills that extend beyond the trial courts, we represent clients in a wide variety of legal issues on appeal, including contract, employment, constitutional, utility, insurance, personal injury and land use matters. We regularly argue before the Connecticut Supreme Court, Connecticut Appellate Court and the United States Court of Appeals for the Second Circuit. Additionally, we represent clients in administrative appeals brought to the Superior Court.

Alternative Dispute Resolution

Focused on alternatives

Alternative approaches to dispute resolution, such as mediation and arbitration, are an important part of the representation that Carmody provides. We spend time with clients to uncover the "root of the problem" to understand their issues and how the dispute affects their business or personal lives. With this approach, we find creative and sensible solutions that might not be obtainable in the more formal setting of a trial.

  • Mediation. Carmody assists clients in reaching creative solutions to their disputes in the context of mediation sessions. A focus on the interests – instead of the positions – of the parties, often reveals solutions otherwise not obtainable in a formal trial. In addition to representing clients in mediation sessions, several of our attorneys are trained mediators who help others resolve their disputes.
  • Arbitration. Carmody is well-versed in the various procedures that apply to arbitrations. Several of our attorneys regularly serve as arbitrators selected by other law firms and their clients and are on state and national panels of arbitrators.