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Tony has a wealth of civil trial experience, much of it gained in years as a personal injury defense lawyer early in his career. His civil litigation practice now concentrates on business disputes and the representation of lawyers and law firms. He also represents energy companies in regulatory proceedings and related litigation concerning the permitting of large infrastructure projects, such as electric transmission lines and natural gas pipelines. In both practices, Tony focuses on intensive early case assessment to develop an efficient strategy designed to produce the best practical outcome. In litigation, this will most often be a negotiated or mediated settlement. Where necessary or appropriate, Tony enjoys prosecuting or defending a claim to a conclusion with no compromise. Tony is often involved in ADR proceedings as counsel, arbitrator, or mediator. He frequently works with other firms who seek an actively involved local counsel in large, complex cases.
- Defended many claims based on alleged dangers of power line electric and magnetic fields (EMF), starting in the 1990’s with claims promoted by Paul Brodeur in his sensational “Annals of Radiation” series in the New Yorker magazine; and continuing into 2013 with a summary judgment on constitutional and civil rights claims that was affirmed by the Second Circuit. All of these EMF claims have been tried and won, withdrawn without consideration, or concluded by summary judgment. He has also been involved with EMF claims in administrative proceedings.
- Defended claims against lawyers and law firms based on alleged malpractice in trials, settlements, tax and labor law advice, pension plan design, sales of businesses, real estate transactions, estate planning, trust and estate administration, and changes in corporate control. Most recently, he defended a claim against a major law firm by former client seeking to recover losses that it had suffered by investing with Bernard Madoff. In 2013, the case was withdrawn before trial, without consideration.
- His real estate and financial litigation includes the prosecution of a tax appeal that resulted in the reduction of the assessment of a nuclear powered electric generating plant from $835,000,000 to $235,000,000.
- Assisted in the prosecution of a breach of contract claim that resulted in a judgment in the amount of $181,000,000, after a jury verdict.
- Lead a team of Firm lawyers who participated as co-counsel for the State of Connecticut in litigation against major tobacco companies that resulted in an historic settlement, including $250,000,000 additional payment to State of Connecticut from a “Strategic Contribution Fund” established as part of the settlement to recognize significant contributions to bringing the settlement about. This was the 5th largest award paid to any state.
- Lead the Firm’s team assisting an electric utility in the permitting and construction of a $1,000,000,000 set of electric transmission projects, including the administrative permitting proceedings, defending appeals to court, and acquisition of rights by eminent domain.
Recent Appellate Decisions:
- Citizens Against Overhead Power Line Construction v. Connecticut Siting Council, 311 Conn. 259, ____A.2d____ (2014)
- Weissman v. Koskoff, Koskoff and Bieder, P.C., 136 Conn. App. 557, 46 A.2d 943 (2012)
- Barnett v. Carberry, 420 Fed. Appx. 67, 2011 WL 1486308 (2011)
- Ziotas v. Reardon Law Firm, P.C., 296 Conn. 579, 997 A.2d 453 (2010)
- Huessner v. Day, Berry & Howard, LLP, 94 Conn. App. 569, 893 A.2d 486 (2006)
- Selected by peer review for inclusion in The Best Lawyers in America 2017 © 2016, Woodward/White, Inc. in the areas of:
- Bet-the-Company Litigation
- Commercial Litigation
- Personal Injury Litigation – Defendants
- Highlighted as Band 1 Commercial Litigation attorney by Chambers USA 2013, 2015
- Named as Local Litigation Star in Benchmark Litigation, 2013 – 2014, practice areas of:
- General Commercial
- Labor and Employment
- Named “New Haven Alternative Dispute Resolution Lawyer of the Year”, 2011
- Rated “AV Preeminent” by Martindale-Hubbell © Peer Review Ratings
- Selected for inclusion in New England Super Lawyers, in area of Business Litigation; 2006 – 2013; named in “New England Top 100” 2013-2015
- Selected for inclusion in Connecticut Super Lawyers in the area of Business Litigation, 2006 – 2017, including Top 50 Connecticut Lawyer and, in various years, Top 10 and Top 50 Connecticut Super Lawyers
- Highlighted in the 2017 edition of Chambers USA Guide to America’s Leading Lawyers for Business for placing in the Top Tier of Lawyers in Connecticut.
- Listed in the 24th Edition of The Best Lawyers in America
- American Board of Trial Advocates
- President, Connecticut Chapter, 2006-2007
- American College of Trial Lawyers
- Past President, Connecticut Chapter
- Connecticut Bar Association
- Board of Governors, 1984-1987
- Associate Fellow, Timothy Dwight College, Yale University
Anthony Fitzgerald is said to be a lawyer who other lawyers go to. His judgment is outstanding.” He is noted for his handling of a wide array of business disputes, and offers particular experience in the representation of energy industry clients.”Chambers USA 2016
An excellent lawyer who “absolutely belongs at the top of the table.”Chambers USA 2013
Tony is very skilled in the courtroom, very thorough and business-minded.Chambers USA, 2018