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Appellate

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Shipman’s 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.

The group includes a former Connecticut Supreme Court Associate Justice and Administrative Judge for the State of Connecticut Appellate System as well as former state and federal appellate law clerks. Attorneys in the group leverage their extensive knowledge and practical experience in handling federal, state and administrative appeals and navigate the complex rules and requirements that characterize appellate work.

Our attorneys possess the deep practical experience and unique skills required to assess the strategic considerations and positioning of the relevant legal and policy issues based on what is important to a panel of appellate judges. They have extensive experience meticulously drafting persuasive appellate briefs that withstand the intensive judicial scrutiny they receive.

Before, during and after trial, our appellate attorneys also provide invaluable guidance to litigators both within and outside the firm. They possess extensive knowledge not only of appellate procedures, but also of the current state of the law on key procedural and substantive issues that contribute to success both at trial and on appeal. Our appellate attorneys collaborate with trial counsel on strategic issues to ensure that all applicable arguments are raised and important issues are preserved in the record in case there is an appeal.

 

Amicus Curiae Briefs and Special Projects

We represent individuals and entities who seek to participate in appellate proceedings by submitting briefs as amicus curiae or “friends of the court.” Our appellate attorneys provide experienced guidance in assessing the potential impact on clients’ interests if they become involved in appellate proceedings to which they are not formal parties. In addition, our appellate lawyers assist clients with special projects, such as position papers, comments on proposed statutes and regulations and analyses of recent changes in law.

Post-Trial Mediation

There are times when pre-trial mediation was not possible or did not result in a disposition short of trial. Serving as mediators, our attorneys can guide involved parties through private mediation post judgment as an option for avoiding the lengthy and costly appellate process. Complex cases, business disputes, personal injury cases and family matters all provide opportunities for post-judgment mediation.

Related Practices

  • Business and Commercial Litigation
  • Litigation

Experience

Appellate

Obtained Dismissal of Appeal With No Meritorious Issue for Appeal

Obtained dismissal of appeal, after briefing, where Second Circuit determined that the appeal presented no meritorious issue for appeal.

Obtained Dismissal of IDEA Appeal

Obtained dismissal of IDEA appeal for failure to exhaust administrative remedies and obtained affirmance on appeal to Second Circuit.

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.

U.S. Supreme Court Amicus Curiae Brief

Connecticut Health Insurance Exchange

Filed amicus curiae brief in U.S. Supreme Court on behalf of the Connecticut Health Insurance Exchange in Gobeille v. Liberty Mutual Insurance Co., 136 S. Ct. 936 (2016).

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Land use approvals and litigation

Obtained and Successfully Defended Zoning Approvals for New Public School

City of New Haven, Connecticut and New Haven Board of Education
Represented municipal clients in obtaining and defending zoning text amendment, zone change and site plan approvals for the new Worthington Hooker Elementary School in the East Rock neighborhood of New Haven, Connecticut. After the Superior Court sustained the neighbors' appeal, a reversal of that decision and reinstatement of the zoning permits in the Connecticut Supreme Court was successfully argued. The Supreme Court agreed that the City boards' decisions were based on a proper factual record and did not constitute spot zoning.Konigsbergv. Board of Aldermen, 283 Conn. 553 (August 14, 2007).

Wetlands and Zoning Appeals Resulting in Approvals to Build Apartments

AvalonBay Communities, Inc.
Successfully brought wetlands and zoning appeals to obtain permits for an apartment development in the City of Milford, Connecticut.

AvalonBay Communities, Inc. v. Milford Planning and Zoning Board, 2004 Conn. Super. LEXIS 123 (Jan. 12, 2004); and AvalonBay Communities, Inc. v. Milford Inland Wetlands Agency, 2004 Conn. Super. LEXIS 140 (Jan. 12, 2004).

Insights

Publications

July 21, 2023

Connecticut Modernizes Interstate Discovery Process

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June 29, 2023

Connecticut Supreme Court to Sex-Assault Complainants: Watch What You Say, But Only if Malicious

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News

July 20, 2023

Division of Criminal Justice Releases “Moving Justice Forward: A Blueprint for the Connecticut Division of Criminal Justice”

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March 28, 2023

Shipman Welcomes Former NY Assistant Solicitor General Eric Del Pozo to Appellate Practice

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Primary Contacts

Patrick M. Fahey bio photo
Patrick M. Fahey

Partner

860.251.5824

pfahey@goodwin.com
Joette Katz Head Shot
Joette Katz

Partner

203.324.8147

jkatz@goodwin.com
Eric Del Pozo bio photo
Eric Del Pozo

Partner

860.251.5332

edelpozo@goodwin.com
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