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Welcome to our Appellate & Ethics Blog!

This blog will sometimes be scholarly, sometimes purely practical, and sometimes just musings by members of the firm on life in the appellate courts and on professional responsibility.

When we comment on cases, we do so with care, but you should always read the cases yourself before using them for any reason.

When one of us muses on matters, it may or may not reflect the innermost thoughts of the others. Feel free to ask.

If we talk about a case in which we represented a party, we’ll let you know it was ours.

We welcome suggestions, to a point, on relevant topics of interest and comments on the thoughts and suggestions we include on this blog.

But most of all, we hope that you learn from and enjoy these entries!

May 15, 2020

As an appellate lawyer sitting at home being notified about once a day of another court order delaying an oral argument or extending the deadline to file a brief or motion, I turn my attention to issues I thought I would never find time for (like pondering the merits o...

May 12, 2020

“Top” is a word of some ambiguity. One definition is the size of the newspaper headline the day after the decision came out. On that basis, Soto v. Bushmaster Firearms International, LLC, 331 Conn. 53, clearly is the #1 case of the year because it was front-page news i...

​We are currently experiencing an apocalypse.  No, not the end-of-the-world kind that is frequently the subject of sci-fi movies, even if it feels like it at times.  Rather, we are experiencing an apocalypse in its original sense.  The word apocalypse come from the Gre...

August 22, 2019

This time each year, I review cases from the past year for possible inclusion in the West Annotation of the Superior Court Civil Rules.*  There are often splits of authority amongst trial courts in the application or interpretation of the Practice Book rules.  As I res...

August 5, 2019

I'm paraphrasing.  But that was essentially what Judge Christopher Droney of the Second Circuit Court of Appeals told a room full of appellate litigators at our last meeting of the Connecticut Bar Association's Appellate Advocacy Section.  Why?  Because no one will eve...

June 25, 2019

Ten years ago I wrote an article ranking the justices on the Connecticut Supreme Court who had sat in the 1980s and 1990s from 1 to 16. I thought I would take another look at my rankings and see if I still rank those 16 justices in the same order.

What follows is my rev...

April 2, 2019

In recognition of the upcoming Appellate Advocacy Institute (register here), Attorney Horton shares with us his memories from his own first appellate oral argument.  Enjoy!

In my 48 years of practice, I have orally argued 130 appeals to the Connecticut Supreme Court. Th...

February 5, 2018

            Every case is important, no matter how small.  And the Appellate Court’s decision in Cusano v. Lajoie, 178 Conn. App. 605, (2017), makes clear that generally the jury’s award of damages should stand, ev...

March 30, 2017

Last time, I said that Buxton v. Ullman, 147 Conn. 48 (1959), one of the four infamous contraception decisions leading up to Griswold v. Connecticut, 381 U.S. 479 (1965), was the third worst decision in the history of the Connecticut Supreme Court. Today I report on th...

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