Brendan Faulkner

September 12, 2014 | Connecticut Law Tribune

Punitive damages may be imposed under the common law or specific statutory provisions when a defendant is found to have caused harm by its reckless, wanton or willful conduct.

By Brendan Faulkner and Michael A. D'Amico

11 minute read

December 05, 2013 | Connecticut Law Tribune

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 justice, and our democratic system of government. This problem is especially widespread and dangerous in product liability litigation.

By BRENDAN FAULKNER and MICHAEL A. D'AMICO

10 minute read

November 14, 2013 | Connecticut Law Tribune

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 because the defense claims that an expert cannot be disclosed until all plaintiff's experts and all fact witnesses have been deposed?

By MICHAEL A. D'AMICO and BRENDAN FAULKNER

8 minute read

September 19, 2013 | Connecticut Law Tribune

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.

By BRENDAN FAULKNER and MICHAEL A. D'AMICO

8 minute read

January 18, 2013 | Connecticut Law Tribune

The difficult decision to place a loved one in a nursing home is frequently made under stressful circumstances and is always fraught with emotion.

By BRENDAN FAULKNER and MICHAEL A. D'AMICO

6 minute read

February 08, 2013 | Connecticut Law Tribune

Factors such as an insurance company's desire to reduce the amount of its future settlements must not influence the insurer's decision; nor should there be over reliance on a computer program designed to minimize insurance settlement payouts.

By BRENDAN FAULKNER and MICHAEL A. D'AMICO

5 minute read

December 10, 2012 | Connecticut Law Tribune

The deposition of a corporate defendant is often a turning point in a product liability lawsuit.

By BRENDAN FAULKNER and MICHAEL A. D'AMICO

6 minute read

November 09, 2012 | Connecticut Law Tribune

The standard of care pertinent to a medical malpractice claim in Connecticut is defined by Connecticut General Statutes § 52-184(c) as a breach of the prevailing professional standard of care—that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

By BRENDAN FAULKNER and MICHAEL A. D'AMICO

6 minute read

September 19, 2012 | Connecticut Law Tribune

The duty of zealous advocacy requires a lawyer to insist on the absolute discovery immunity afforded to her opinion work product.

By MICHAEL A. D'AMICO and BRENDAN FAULKNER

6 minute read