We are mindful of protecting everyone’s safety during the COVID-19 pandemic so we are offering the ability to conduct meetings by telephone or through video conferencing for our current and future clients.
By Brendan Faulkner, Esq. and Michael A. D’Amico, Esq. Despite the presumption of open courts with public access that stems from the First Amendment and the common law, far too much civil litigation is taking place in secret. Unnecessary court secrecy is a threat to public health and safety, the fair and efficient administration of … Read More
By Jeremy H. D’Amico and Michael A. D’AmicoJuly 2017 In a personal injury action, after the fact-finder renders a verdict or the court enters judgment, a plaintiff is entitled to interest on the amount rendered until it is paid. See Conn. Gen. Stat. § 37-3b (2017).Effective May, 27 1997, the legislature amended Connecticut General Statute Section 37-3b to read: … Read More
By Jeremy H. D’Amico and Michael A. D’AmicoAugust 2016 For over half of a century, Connecticut product liability law has been premised on strict liability. See Garthwait v. Burgio, 153 Conn. 284, 289 (1965) (holding manufacturer culpable even when it “has exercised all possible care in the preparation and sale of [its] product”). Manufacturers are in … Read More
By Michael D’Amico and Brendan FaulknerDecember 2015 Creating the illusion of an independent “second opinion,” insurance companies involved in personal injury lawsuits frequently contract with vendors to provide “records reviews,” “peer reviews” or “paper reviews.” No matter what name they are called, our experience has been that the conclusion of records reviews is almost always … Read More
By Brendan Faulkner, Esq. and Mike A. D’Amico, EsqJune 2014 Punitive damages may be imposed under either the common law or specific statutory provisions when the jury or court has found a defendant to have caused harm by its reckless, wanton, or willful conduct. The idea behind punitive damages is that when people or corporations … Read More
By Brendan Faulkner and Michael A. D’Amico December 2014 Proposed rule changes could allow corporations to hide evidenceTakata, the supplier of millions of defective air bags that are prone to fragment and send shards of metal flying through thecabin of the cars in which they are installed, recently denied a report that it had carried … Read More
By Brendan Faulkner, Esq. and Mike A. D’Amico, Esq.July 2013 How many times have you had to brief a Motion for Protective Order filed by a defendant arguing that the defendant must not be deposed until after the plaintiff? And how many times have you had to wait for the defense disclosure of an expert … Read More
By Brendan Faulkner, Esq. and Mike A. D’Amico, EsqSeptember 2013 Courts have the authority to curb discovery abuse. Lawyers have ethical obligations not to engage in discovery abuse. The right of a litigant to discovery is primarily the right to obtain information. Yet despite all of this, discovery abuse in civil litigation remains common. This … Read More