Diserio Martin O'Connor & Castiglioni LLP

Litigation

At Diserio Martin O’Connor & Castiglioni, LLP, the attorneys in our Litigation Department are first and foremost trial attorneys -- steadfast in our commitment to zealously represent our clients who find themselves embroiled in legal disputes.  Whether it is defending a products liability claim in federal court, or prosecuting a construction claim before an arbitration panel, our skilled litigators draw on a broad range of experience in litigation matters that rivals that of much larger firms, often with greater economy to our clients. 

Because we are trial attorneys, we understand that time constraints and financial challenges of litigation sometimes requires more creative approaches to the resolution of business disputes.  From the very first meeting, we work with our clients to understand the litigation process, reduce risks, manage expenses and pursue resolutions that are in their best interests.  While sometimes that requires us to take a case to verdict, we are equally skilled at counseling and guiding our clients through arbitration, mediation and other alternative dispute resolution forums.  In fact, many of the lawyers in our Litigation Department are hired by their peers to serve as arbitrators and mediators, and some serve as special pretrial masters for the Connecticut Superior Court.   

Diserio Martin O’Connor & Castiglioni LLP handles trials and appeals in the state and federal courts in Connecticut, New York and selectively in other states.   We have handled a variety of complex, multi-million dollar class actions and multi plaintiff actions as National, Regional and Local counsel.

Practice Areas: 

Alternative Dispute Resolution

Our commercial litigation department offers a level of experience and competence in business litigation matters that rivals that of much larger firms, often with greater economy to our clients. The firm represents individuals and companies in all Connecticut and New York state and federal courts, as well as arbitration and mediation proceedings, involving all types of complex business, corporate and commercial litigation.

Business Disputes

Business disputes can spell financial disaster for companies large and small. When these disputes lead to litigation, the impact on a company, in terms of time and cost, can increase dramatically. At Diserio Martin O'Connor & Castiglioni LLP, we understand the expense, both tangible and intangible, of protracted commercial litigation.  We take the time to learn our clients’ businesses, often drawing on the experience of attorneys in our other departments, to develop the appropriate strategies to bring about the most efficient and economical resolutions to business disputes.  By proper planning, management and staffing, use of computer technology, and drawing on our extensive experience, we are able to aggressively represent our clients’ legal interests while never losing sight of the specific needs of their businesses.  While we are always prepared to proceed to trial when necessary, when appropriate we work with our clients to seek creative and results oriented alternatives to the traditional trial process.

Diserio Martin’s trial attorneys have extensive experience litigating business disputes, contract disputes, and business torts that span a broad spectrum of industries, including finance, real estate, consumer products, marketing, manufacturing, leasing, construction, and information technology.  Among the array of commercial cases we manage for our clients are matters involving unfair trade practices, business fraud, corporate dissolutions, warranty claims, breach of contract, insurance issues, securities fraud, and commercial lease disputes.

Construction Litigation

Diserio Martin O’Connor & Castiglioni LLP has represented general contractors, construction managers, subcontractors, architects, design professionals, owners, lenders and sureties in construction disputes in state and federal courts and in arbitration and alternative dispute resolution forums in Connecticut, New York, and selected other states.  Our litigation experience spans virtually all issues that may arise in construction projects, including breach of contract, defective design, construction defects, professional liability, performance bonds, lending and title disputes, and mechanic’s liens.  Several of our construction trial attorneys have been hired by our peers to serve as mediators and arbitrators in construction disputes. 

 

Diserio Martin’s trial lawyers have been involved complex commercial construction matters involving multiple parties, including:

 

  • Representation of a noted architectural firm in the defense of multi-million dollar comprehensive claim commenced by a governmental owner against more than 20 parties, including design professionals, general contractors, subcontractors and governmental entities. 
  • Representation a Fortune 100 owner in the defense of multi-million dollar claim brought by a site work subcontractor in the United States District Court for the District of Connecticut. 
  • Representation of a national general contractor in the defense of a multi-million dollar claim by a mechanical subcontractor in connection with the construction of a major pharmaceutical research facility. 
  • Representation of an owner of a commercial building in a successful mediation of a multi-million dollar claim against multiple parties involving construction and design defects in a parking garage

 

In addition to expertise in litigating commercial construction disputes, our attorneys are well-versed in state statues and local regulations related to consumer construction matters, including home improvement, new home construction and warranties.  We have successfully represented our clients in appeals before the appellate courts in Connecticut, including Hees v. Burke Const., Inc., 290 Conn. 1 (2010), which resolved an issue of first impression concerning Connecticut’s Home Improvement Act, and D'Angelo Development and Const. Co. v. Cordovano, 278 Conn. 237 (2006), which addressed the scope of the New Home Construction Contractors Act.

Employment Law

Defense of Claims Against Employers

An employee lawsuit claiming illegal discrimination, sexual harassment or a wrongful termination can be a serious distraction and financial drain to a business. The experienced employment law attorneys of Diserio Martin O'Connor & Castiglioni LLP offer a proven record of success in mitigating these effects through aggressive defense of employment claims, when they occur, and proactive counseling of clients as to preventive strategies designed to minimize future legal exposure.

We have represented businesses ranging in size from small independent companies to major corporations in Connecticut and New York. Our organization and staffing enables us to respond quickly and efficiently to the needs of our clients in order to secure maximum damage control. Our veteran employment trial lawyers possess skills and experience comparable to that of much larger law firms, but often at far less cost.

Our experienced attorneys handle cases in all state and federal courts in Connecticut and New York and before administrative agencies such as the Equal Employment Opportunity Commission, the Commission on Human Rights and Opportunities and the Department of Labor, covering every facet of employment litigation including the following types of claims:

  • Employment discrimination under Title VII of the Civil Rights Act of 1964 on the basis of race, religion, color, national origin and gender.
  • Sexual harassment claims and investigations.
  • Age discrimination.
  • Disability discrimination and failure to accommodate under the Americans With Disabilities Act.
  • Termination or retaliation claims under the Family Medical Leave Act (FMLA).
  • Wrongful termination, including qui tam and whistle blower claims.
  • Employment contracts.
  • Wage and hour claims.
  • Violation of restrictive covenants including non-compete, non-solicitation and confidential information agreements.

Preventing Exposure Through Assertive Risk Management

While Diserio Martin O'Connor & Castiglioni LLP has a proven track record at trial, we understand that counseling our clients to adopt preventive employment strategies is more cost effective for them in the long run. Diserio Martin’s employment law attorneys provide counseling and guidance on the development of company-wide policies and procedures to prevent lawsuits where possible and to best position the client to defend itself successfully in the event that litigation cannot be avoided. We will conduct a thorough review of human resources policies and analyze past claims to target critical areas for improvement. We will also review insurance coverages and risk management best practices to provide more comprehensive protection from liability.

We also have extensive experience in drafting and enforcing non-compete agreements, non-solicitation agreements and other restrictive covenants to protect a company’s trade secrets without overstepping employees’ rights.

Insurance Coverage, Risk Management and Risk Avoidance

At Diserio Martin, our attorneys work with the world's largest insurers and reinsurers and have provided analysis

Intellectual Property

The experienced attorneys in our Intellectual Property Department routinely litigate a wide range of issues in state and federal court, including copyright, trademark, patent, internet and eCommerce, false advertising, and trade secret cases.  Please click here to learn more about the Intellectual Property Department.

Product Liability and Mass Tort Litigation

Real Estate Workout and Litigation Team

Our lawyers in the Workout and Litigation Team help lenders, special servicers of securitized commercial mortgages, borrowers and other market participants find solutions and achieve their goals in this increasingly complex environment.