Conn. Supreme Court to Hear Dismissal of Complaint Against Koskoff, Day Pitney
The dismissed complaint accused the two firms of taking millions of dollars out of a family's medical malpractice settlement.
March 21, 2018 at 01:12 PM
3 minute read
A Statewide Grievance Committee decision tossing out a grievance complaint against Day Pitney and Koskoff Koskoff & Bieder is among the key cases slated for the state Supreme Court this spring.
The court will hear arguments in two weeks on whether the grievance committee acted properly when it dismissed a complaint against the two notable Connecticut law firms. The court's seventh session begins Monday and runs through April 5.
The plaintiffs, parents of a disabled boy, are seeking an order of mandamus and injunctive relief in connection with the dismissal of their complaints. The parents allege the committee disregarded statutory mandates, abused its discretion and acted arbitrarily in the handling of the grievance complaints.
The parents initially filed complaints against their former attorneys, alleging they conspired to deprive them of millions of dollars from a $25 million medical malpractice settlement. Daniel D'Attilo was severely injured at birth and today suffers from cerebral palsy as a result. Daniel was born in a Stamford hospital with severe brain damage allegedly caused by a doctor's mistakes during birth.
A Hartford Superior Court judge granted the grievance committee's motion to dismiss the complaint, finding the parents lacked standing since they were not statutorily aggrieved. The state's high court will determine whether the grievance committee's action was properly dismissed for lack of aggrievement, and whether it properly declined to intervene in the grievance process pursuant to its authority.
Finding no probable cause by the committee that seven attorneys from Bridgeport's Koskoff firm and Hartford's Day Pitney were guilty of misconduct, the plaintiffs brought legal action against the committee and other officials involved in the process.
The attorney defendants in the December 2014 lawsuit are Michael Koskoff, Kathleen Nastri, James Horwitz, William Bloss and Joel Lichtenstein of the Koskoff firm and Keith Gallant and Rebecca Iannantuoni of Day Pitney.
A $58.6 million jury verdict in 2011 in favor of the family was eventually settled for $25 million. Reported previously in the Connecticut Law Tribune, both law firms were charged in a 16-count civil suit of illegally taking $4.3 million in unearned fees and using elaborate tactics to escape detection by the probate court system. Day Pitney attorneys were brought into the case to create a trust fund for the disabled boy.
Elizabeth Rowe, assistant bar counsel for the Statewide Grievance Committee, declined to comment Tuesday.
Josh Koskoff, a partner with the Koskoff firm, did not respond to a request for comment. In addition, a representative for Day Pitney declined to comment.
Jamie Sullivan, a partner with Howard Kohn Sprague & FitzGerald in Hartford, said he expects a ruling that goes against the grievance committee would have limited impact.
“It's always been understood that the courts have an inherent authority to discipline attorneys, but they often deter to the Statewide Grievance Committee because we are a self-regulated bar and the grievance committee has specialized knowledge about the rules of professional conduct,” Sullivan said. “It would be a surprise, for that reason, if they found against the grievance committee.”
Sullivan, who is not associated with the case, added: “This case is all about sound and fury. The Statewide Grievance Committee acted appropriately, as it usually does, and there is really nothing to appeal. I think the trial court decided the issues correctly.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHigh-Low Settlement Agreement 'Does Not Alone Establish Bias:' State High Court Affirms $20M Med Mal Verdict
5 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250