DMOC News

DMOC celebrates 25th Anniversary and Opening of Greenwich Office.

In September 2008, Diserio Martin O'Connor & Castiglioni LLP celebrated its 25th anniversary.

Founded in 1983, the firm has 20 lawyers in Stamford, Greenwich, White Plains and New York City.

Our 25th anniversary gives us a special opportunity to reflect upon the growth of our firm and the standards set for us by our founding partners. We are grateful for the challenging, fulfilling work our clients provide us and for the collegiality we share as a firm.

To mark the firm's 25th anniversary, we were pleased to announce the opening of an office in Greenwich, Connecticut and the addition of Douglas J. Wells as "Of Counsel" to the firm.

DMOC approved as Counsel for the FDIC.

The Legal Division of the Federal Deposit Insurance Company has approved the firm as an outside counsel to perform legal services.

Attorney News:

Richard E. Castiglioni was, once again, selected as a Connecticut Super Lawyer for 2009 for his work in civil litigation defense.

Two of the firm's founders, William A. Durkin III and Richard E. Castiglioni, have been elected by their peers as New England Super Lawyers for 2008.  Lawyers are selected by the publisher of Law and Politics research staff together with statewide surveys of pre-eminate members of the Bar.  Only 5% of the total lawyers in New England are selected for the designation of a New England Super Lawyer.

Richard E. Castiglioni and Diserio Martin O'Connor & Castiglioni LLP have again received the AV Rating from Martindale-Hubbell 2008 Legal Directory. Martindale-Hubbell peer review ratings have been an integral part of Martindale-Hubbell services to the legal community since 1887. The peer review ratings process which evaluates lawyers in the United States and Canada is solely based upon peer review. A Martindale-Hubbell Peer Review Rating attests to the lawyer's legal ability and professional ethics and reflects the confidential opinions of the bar and the judiciary. The AV Rating is the preeminent rating indicating the highest level of legal ability and ethics and is the pinnacle of professional excellence.

Richard E. Castiglioni was recently selected for inclusion in the Super Lawyers Corporate Counsel Edition for 2008 for his work in civil litigation defense. This publication is distributed to 25,000 lead corporate counsels and CEOs of public and private companies nationwide.

Scott Centrella recently presented a seminar to a group of Connecticut and New York human resources professionals on "Employer Monitoring in the Workplace".

Scott Centrella recently presented a seminar in Bridgeport, Connecticut speaking on the topics of "Recent Employment Law and Developments" and "Protecting At-Will Employment".

Richard E. Castiglioni was selected as one of New England's Super Lawyers for 2007. More than 63,000 New England Lawyers participated in the nomination process which limited the candidates to the top 5% in New England. He was selected for inclusion in the Civil Litigation Defense Category.

Richard E. Castiglioni recently has been appointed as an Arbitrator for FINRA, the Financial Industry Regulatory Authority, which regulates all Securities firms doing business in the United States.

Richard E. Castiglioni recently was selected as one of Connecticut's Super Lawyers 2007 by Connecticut Magazine.  This group represents  the top 5% of Connecticut's practicing attorneys based on an extensive review and peer evaluation process.  He and the other Super Lawyers for 2007 appeared in Connecticut Magazine's February 2007 issue.

Scott Harrington recently presented a seminar on "Foreclosure Law in Connecticut" as part of the Fairfield County Bar Association's Brass Tacks seminar series.

Richard Castiglioni recently has become a member of the NASD Dispute Resolution Board of Arbitrators.

From the Litigation Department

Real Estate Commission Claim

Richard E. Castiglioni and Jonathan J. Kelson represented a commercial business and its shareholders in defense of a sales commission claim brought by a business broker. After a jury trial, the jury found no commission due the broker and further awarded the business and its shareholders damages on their counterclaims alleging breach of contract by the broker and breach of the covenant of good faith and fair dealing by the broker.

Family Law

Richard Castiglioni successfully represented a husband in a post judgment modification of alimony in the Superior Court where the husband’s alimony was reduced from $75,000 per year to a $1.00 per year based upon substantial reverses which the husband experienced with his job and portfolio. He also succeeded in eliminating the requirement to maintain an one million dollar life insurance policy for the benefit of the ex-spouse.

Action to Quiet Title and for Injunctive Relief

The firm successfully represented a condominium developer in a quiet title and injunction action against an adjoining condominium association which halted the development of the client’s multi-million dollar project by denying it access to certain easements claiming same had expired. Richard E. Castiglioni and Jonathan J. Kelson tried the case to the court resulting in a judgment confirming the client’s right of access across the association’s premises, the delivery of essential utilities to the client’s project and allowing the 100-plus unit condominium project to proceed. The court also in an extraordinary proceeding granted the firm’s request to terminate any stay if the case is appealed allowing the construction to proceed immediately without threat of further delay.

Supreme Court Appeals

Scott Harrington successfully prosecuted an appeal to the Connecticut Supreme Court on behalf of a home improvement contractor.  The matter was a case of first impression involving the the ability of a contractor to receive a credit for unpaid balances due under a home improvement contract when calculating contract damages, notwithstanding the fact that the contractor's contract did not comply fully with the Home Improvement Act.  On appeal, the Supeme Cout reversed a judgment in favor of the homeowner and directed judgment in favor of the contractor. 

Richard E. Castiglioni and Jonathan J. Kelson successfully defended an appeal to the Connecticut Supreme Court on behalf of a construction contractor.  The matter was a case of first impression involving the enforceability of a contract that failed to comply with registration, disclosure and contract language provisions of the New Home Construction Contractor's Act.  They successfully argued that their client's mechanic's liens could be enforced notwithstanding a failure to fully comply with the Act.

Underinsured Motorist Arbitration Award

Richard E. Castiglioni and Dixon Merkt successfully arbitrated an underinsured motorist claim, resulting in an award to their client that was more than double the final offer made by the Defendant insurance company prior to the arbitration.   They had previously obtained a recovery on behalf of their client from the underlying defendant to the full extent of his insurance policy limits. 

Employment Law

Scott Centrella successfully defended an individual and her current employer against claims of violations of restrictive covenants (non-compete and non-solicitation clauses) for which the former employer sought damages in excess of $1 million. The case was tried to the court resulting in a judgment finding the covenants unenforceable.

Scott Centrella recently obtained a dismissal of a claim of age discrimination by a 53 year old individual who was the Connecticut Sales Representative for a California company.

Personal Injury Settlement
Richard E. Castiglioni and Jonathan P. Whitcomb negotiated the largest personal injury settlement ever achieved by the firm and perhaps the largest ever recovered in Fairfield County on behalf of one injured Plaintiff. The case involved a woman who was seriously injured in a propane explosion and the settlement was achieved subsequent to the commencement of trial in the Complex Litigation Court in Stamford, Connecticut. Certain of the Defendants required, because of its magnitude, that the settlement amount remain confidential.

Business Dispute
Richard Castiglioni successfully represented a small local company, Casting Supply, in the United States District Court in Hartford against a company with which it had a long standing business relationship, Elf Atochem. In a written decision by Judge Dominic Squatrito, the Court found that Atochem violated Connecticut's Unfair Trade Practices Act and awarded Casting Supply two years of lost profits and punitive damages in an equal amount.  In addition, the Court ordered that Atochem pay prejudgment interest at 10% and Casting Supply's attorneys' fees and costs.  Because Castiglioni had also filed an "Offer of Judgment", his client received additional interest on the total award at 12% per annum dating back three years. The United States Court of Appeals for the Second Circuit affirmed the decision following an appeal by Atochem.

Scott Centrella successfully represented a small marketing company against a major public corporation that refused to honor an agreement relative to the development of business opportunities. Despite a huge disadvantage in resources, Centrella negotiated a $750,000 settlement on behalf of the client.

Wrongful Death Settlement
In a multiple wrongful death action in which the settlement demand was $10 million, the firm won a dismissal of the case on behalf of a Fairfield County municipality. Jonathan Whitcomb was lead counsel for the firm.

RICO Claim
Litigation Partners Jonathan Whitcomb and Scott Harrington represented a Fairfield County municipality in a civil RICO claim brought in the United States District Court for the District of Connecticut. The firm successfully obtained a dismissal of the RICO claim.

Ephedra Litigation

Diserio Martin serves as national counsel for multiple parties in connection with liability litigation involving the dietary supplement, ephedra. Partner Jonathan Whitcomb leads the firm's litigation team in multiple ephedra litigation proceedings in courts across the country.

Personal Injury Defense

Jonathan Whitcomb won a dismissal of a significant personal injury claim against a major automobile lessor in which the plaintiff's demand was $2 million.

Scott Harrington obtained summary judgment in a legal malpractice and unfair trade practice claim in which the plaintiff's demand was $3 million.

Commercial Litigation

Scott Centrella recently achieved a successful settlement of a claim brought against a national transportation company over contamination of a client's products due to alleged mishandling for the sum of $650,000.

Following a hotly contested evidentiary hearing, Scott Harrington won a prejudgment remedy in excess of $1 million on behalf of a start-up company against a major corporation in a commercial lease dispute.

Securities Fraud
The firm commenced a securities fraud action on behalf of multiple preferred shareholders against a major corporation. Following aggressive litigation, Jonathan Whitcomb and Brian O'Connor successfully negotiated a settlement of nearly $10 million on behalf of the plaintiffs.

Civil Rights Claim
The firm won a dismissal of a federal civil rights claim against a Fairfield County municipality and one of its police detectives. Jonathan Whitcomb led the firm's efforts on this case.

Insurance
After a major insurer refused to provide coverage to a Fairfield County municipality, Jonathan Whitcomb commenced an action against the carrier. Taking an aggressive posture, the firm won $6 million in coverage for the municipality - saving the Town tens of thousands of dollars in legal fees.

Six Figure Settlement
Jonathan Whitcomb negotiated a six figure settlement for a small marketing firm against a professional sports franchise and its owner.

Disability Insurance Case
Jonathan Whitcomb negotiated a six figure settlement on behalf of a former CEO of a public company in a disability insurance case against three major disability insurance carriers.

Enforcement Action
Richard Castiglioni successfully represented a Fortune 500 Company in an Attorney General enforcement action brought against it by the State of Connecticut, resulting in a favorable settlement for the firm's client.

Fortune 500 Defense
Richard Castiglioni recently represented a Fortune 500 Company in defense of a class action brought by consumers of the client's products.  After aggressive litigation, a successful settlement was negotiated.

Class Action Suit
Richard Castiglioni recently represented over 400 condominium owners in a class action suit against the City of Norwalk on a tax appeal, resulting in a favorable settlement and a significant tax reduction for the owners.

Richard Castiglioni recently represented a Fortune 500 company in defense of a class action brought by consumers relating to the company's billing practices. Although competing lawsuits were filed with competing claims, all actions were globally resolved and a successful settlement was negotiated.

Insurance Bad Fath Claim
Richard Castiglioni recently served as lead counsel in an insurance bad faith claim following a fire loss suffered by the firm's client.  After a mediation, he recovered a settlement on behalf of his client far in excess of the applicable policy limits.

Insurance Coverage Dispute
Richard Castiglioni recently served as lead counsel in a claim by a NYSE company against its insurers for their failure to defend and indemnify a lawsuit brought by a customer who alleged the company had supplied defective product that failed to meet specifications.  Following the litigation, a successful settlement in the high six figures was reached with the client’s insurers.

Shareholder Dispute

Richard Castiglioni represented the majority shareholder in the termination of a substantial shareholder and officer of a corporation and with Charles Spiess successfully negotiated a resolution to the matter and a favorable purchase of the minority shareholder's interest in the company.

Arbitration

Richard Castiglioni has recently served as an arbitrator on a series of business disputes and a claim before the NASD.

Product Liability Defense

Richard Castiglioni recently mediated the successful resolution of a multi-year federal court litigation resulting in a successful allocation of responsibility between the parties and their insurers of various pending and potential future product liability claims which aggregated in excess of $10,000,000.

Construction Litigation

Scott Harrington recently defended an architectural firm in a multi-million dollar design and construction defect claim involving multiple parties.   

Scott Harrington represented a Fortune 100 company in the defense of a multimillion dollar construction claim brought by a subcontractor in the Federal District Court in Connecticut. After aggressive litigation, Harrington successfully negotiated a favorable resolution of the claim on behalf of the client, at a fraction of the original amount claimed.

Will Contest

Scott Centrella successfully defended a will contest challenging the validity of a will in connection with an estate worth in excess of $1.6 million. The case was settled for $100,000.

From the Trusts & Estate Planning and Administration Department

Our Litigation Department and Trust & Estates Department, working together, recently reached a very favorable settlement for our client in a contested will construction proceeding. In this case, a father and son had died within a few months of each other, with the father having survived the son. The father's Will contained a provision with regard to the disposition of the father's estate if the father and son had died in a common disaster, but made no provision with regard to the disposition of the father's estate if the son predeceased the father. Our attorneys, led by Scott Centrella of our Litigation Department, successfully argued that our client was entitled to the entire residuary estate and was able to settle the case with only a modest payment to the contestants.

The Trusts & Estate Planning and Administration Department recently undertook representation of an Executor-son of the estates of his deceased parents. The estates had been open for an extended time and were facing hundreds of thousands of dollars in penalties with regard to the U.S. estate tax return for one of the estates and penalties, interest and erroneously assessed taxes with regard to certain U.S. fiduciary income tax returns for the other estate. Prior counsel had suggested to the Executor that nothing could be done except to pay the assessments as stated. Working with the Executor and with a representative from the Internal Revenue Service, our attorneys were successful in persuading the Internal Revenue Service to abate the penalties and to correct the erroneous tax assessment, resulting in a significant savings to the estates.