Conventional wisdom has changed. Whereas it was once
accepted that the attorney who tried the case would handle any ensuing
appeal, the need for appellate counsel has grown as the law, and the
practice of law, has evolved and become more compartmentalized.
Increasingly, appellate attorneys are brought into litigation cases
long before final judgment, often well before trial. Their unique perspective
can be invaluable in assessing the long-term impact of the evidence
and legal arguments, and in devising strategies to best preserve and
advance the client’s position.
Should an appeal be warranted, this early immersion in a matter creates
efficiencies in the preparation of the appeal and brings a greater
chance of success.
The appellate attorneys at Pepe & Hazard have represented clients
in a broad array of disputes in the United States Supreme Court, the
United States Courts of Appeal for the First, Second and Federal Circuits,
the Connecticut Supreme Court, the Connecticut Appellate Court, and
the Massachusetts Appellate Court.
Examples of our work include:
- Represented approximately 12 local independent telephone companies
in appeal in the United States Supreme Court challenging the jurisdiction
of the Federal Communications Commission to promulgate rules under
the Telecommunications Act of 1996. AT&T Corp. v. Iowa Utilities
Bd., 525 U.S. 366 (1999).
- Represented client in appeal to Connecticut Appellate and Supreme
Courts in divorce case involving interlocutory order requiring spouse
to pay over $400,000 in legal fees. Perricone v. Perricone AC
25461.
- Represented product liability plaintiff in successful appeal to
the United States Court of Appeals for the Second Circuit reversing
dismissal of case based on forum non conveniens. Irragori
v. International Elevator, Inc., 243 F.3d 678 (2d. Cir. 2001).
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- Represented major Hartford , CT law firm in successful appeal
to Connecticut Supreme Court, resulting in reversal of $16 million
legal malpractice awarded and entry of judgment in favor of law firm.
Beverly Hills Concepts v. Schatz & Schatz, Ribicoff & Kotkin, 247
Conn. 48 (1998).
- Represented equipment supplier in successfully defending $17 million
mechanic’s lien in appeal to the Connecticut Supreme Court. Alstom
Power, Inc. v. Balcke-Durr, Inc., 269 Conn. 599 (2004).
- Represented national media company in successful appeal to the
Second Circuit Court of Appeals in case challenging state court practice
of sealing court docket sheets. Hartford Courant Company v. Pellegrino,
371 F.3d. 49 (2d. Cir. 2004)
- Expanded law with respect to Eichleay formula used to calculate
extended home office overhead damages arising out of owner-caused
delays on federal construction projects. West v. All State Boiler, 146
F.3d 1368 ( U.S. App. 1998).
- In case of first impression, represented commercial landlord in
successful appeal from adverse declaratory judgment concerning obligations
of commercial tenants operating under percentage rent leases under
Connecticut law. Pequot Spring Water Company v. Doris G. Brunelle
et al., 46 Conn. App. 187 (1997).
- Successfully defended easement-holder in appeal in the Connecticut
Supreme Court in case of first impression involving complicated issues
of Connecticut and federal common law. Abington Limited Partnership
v. Bruce G. Heublein et al., 257 Conn. 570 (2001).
P&H appellate attorneys offer sound counsel at all stages of
litigation.
Attorney Resumes:
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