Brad Babbitt, chair of the Business Litigation Group, represents businesses in a wide variety of industries, helping them to protect their interests in disputes arising from myriad different commercial relationships. In addition to contract and business tort disputes, he has handled copyright, trademark, and trade secret litigation in both federal and state court. He has also represented companies in investigations conducted by state regulators and the Connecticut attorney general. Mr. Babbitt often represents companies in the utility industry in administrative appeals from regulatory rulings and other litigation. In this context, he has often used the preemptive power of federal or state legislation to assist utility companies in achieving their goals, despite local opposition. His experience in this area includes the Connecticut Supreme Court case that established the preemptive power of the Connecticut Siting Council over municipal zoning authorities and his defeat of attempts by antinuclear energy activists to entangle a state agency in a dispute over alleged safety violations at a nuclear energy plant. Mr. Babbitt routinely collaborates with members of our utility practice in representing our clients. Mr. Babbitt has extensive experience in litigation involving managed care organizations and other health industry clients. He has handled complex litigation involving member and provider class actions against managed care organizations. He also has represented health care entities in regulatory matters and in cases arising out of contractual relationships. He has prosecuted fraud recovery actions under state and federal laws for health care organizations and regularly counsels special investigation units seeking to combat fraud. Mr. Babbitt has tried numerous matters to verdict in both court and jury cases and also has substantial experience in arbitration. He has handled 14 appeals in the Connecticut appellate courts and another 10 appeals in the First and Second circuits. Before joining Robinson & Cole, Mr. Babbitt clerked for the Honorable William J. Lavery on the Connecticut Appellate Court. Professional Associations - American Bar Association, Commercial and Business Litigation Committee, 1998 to present, Membership Chair, 2000 to 2006; Program Cochair, 2003 to 2005; Trade Secrets Litigation Cochair, 2006 to 2010; Web Page Coeditor, 2007 to present - Connecticut Trial Advocacy Institute, Faculty Member Community Involvement - Greater Hartford Community Foundation, Board of Directors; foundation owns and operates the Travelers Championship, Connecticut's only stop on the PGA TOUR, 2009 to present - Episcopal Diocese of Connecticut, Chancellor, 2008 to present Honors and Awards - Listed as a Litigation Star in Connecticut in Benchmark Litigation, 2011, 2012 - Listed in Connecticut Super Lawyers® in the area of Business Litigation for 2006 and 2011/12 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) Experience Appellate - Represented Verizon Wireless in successful Connecticut Supreme Court appeal involving the exclusive jurisdiction of the Connecticut Siting Council over telecommunications towers. - Represented owner of a rare, undeveloped, peninsular building lot on Long Island Sound in an administrative appeal from the town's denial of zoning permit. Persuaded the trial court to reverse the town's denial and to order the town to grant all permits necessary to construct our client's home on the property. Successfully defended the judgment before the Connecticut Appellate Court and defeated a petition for certification to the Connecticut Supreme Court. - Persuaded the Connecticut Appellate Court to affirm a trial court's dismissal of an administrative appeal taken from a decision of the Connecticut Siting Council authorizing our client to locate a telecommunications facility in Northwest Connecticut, over the vociferous opposition of advocacy forces hostile to mobile telephony. Notably, the trial court held, for the first time in Connecticut, that states are preempted by the Telecommunications Act of 1996 from determining the location of telecommunications facilities on the basis of fears of radio frequency emissions from those facilities. - Succeeded in defending district court's entry of preliminary injunction prohibiting payment of $4.5 million in settlement fund to corporate alter egos of judgment debtors that had been found liable to our clients, judgment creditors, for breach of contract, conversion, breach of fiduciary duty, fraud and violation of Mass. Gen. Laws c. 93A. - Represented company proposing to construct new energy plant in appeal by unsuccessful bidder from state agency's award of output contract. Persuaded court to dismiss appeal for lack of standing on an expedited briefing and argument schedule. - Defeated attempts by antinuclear activists to prevent installation of a dry storage system for spent nuclear fuel. Representation included multiple evidentiary hearings on a motion for stay, pending an administrative appeal, evidentiary hearings regarding alleged bias by members of reviewing administrative agency, and a motion to dismiss on federal preemption grounds. Prevailed on each issue at every level. The Connecticut Supreme Court adopted our analysis of the preemption issue in a case of first impression in the state. - Represented a criminal defendant as special public defender. Persuaded Connecticut Supreme Court, sitting en banc, to modify the 145-year-old evidentiary doctrine of "constancy of accusation." - Successfully defended Connecticut Siting Council approval of a telecommunications tower in southeastern Connecticut against multiple appeals and motions for reconsideration by municipalities, residents, and the attorney general. Appeal to the Superior Court from denial of motion to dismiss was itself dismissed. Business Litigation - Represented the owner of a multidisciplinary health care facility, renowned for providing facial reconstructive surgery, spa, and hotel services in a retreat setting. The former operator of the spa and inn had opened a competing spa operation only miles from the original retreat, using the trademarks that had been licensed to her by the retreat's owner. Sought injunctive relief in federal court to stop the misuse of intellectual property. After an injunction hearing, the matter was settled with all intellectual property being awarded, in a stipulated judgment, to the client in addition to the recovery of attorneys' fees. - Defeated shareholder derivative action against publicly traded company with motion to dismiss, attacking plaintiffs' standing under Arizona law. - Represented privately held trust in securities fraud action against private investment broker and her company. Obtained judgment exceeding $1.3 million after trial, which was successfully defended on appeal to the Second Circuit. After the defendants failed to satisfy the judgment, succeeded in piercing the corporate veil of the company in a five-day jury trial to reach the assets of the broker's husband, a co-owner of the company, and successfully defended that judgment at the Second Circuit. - Defended claim against television weather anchor for breach of contract and business torts asserted by former talent agent. Asserted counterclaims for breach of contract, breach of fiduciary duty, and unjust enrichment. Prevailed in multiday bench trial, winning compensatory damages and attorneys fees for client. - Obtained dismissal, after evidentiary hearing, of a petition for a writ of mandamus filed by an antinuclear energy activist seeking intervention by state agency into nuclear safety issues at local power station. Demonstrated to the Court that the safety issues raised in the petition were preempted by federal law and that the plaintiff lacked standing. The petition was dismissed only 37 days after being filed. - Defended helicopter manufacturer from tort, equitable, and trade practice claims asserted by former Venezuelan sales representative relating to its termination. Based defense on the Foreign Corrupt Practices Act. Four-week trial to a jury in state court resulted in verdict favorable to client. - Defended breach of contract, unfair trade practices, and fraud claims asserted against managed care organization by financially troubled managed care subcontractor. - Represented subcontractor designing and manufacturing weapons bay door system for F-22 Raptor project in connection with contract breach by its subcontractor. Simultaneously obtained dismissal of subcontractor's federal action, and defended dismissal on appeal, while prosecuting breach of contract and business tort claims in state court in a different jurisdiction. Negotiated advantageous settlement for client that enabled it to meet its contract obligations to the project. - Defended helicopter manufacturer against contract, tort, and trade practice claims by Argentine sales representative arising from contract termination. Asserted Foreign Corrupt Practices Act as defense. A five-week trial to a federal jury resulted in a highly favorable verdict for the manufacturer. - Defended municipal port authority in condemnation appeal relating to brownfield at harbor slated for reclamation and redevelopment. Asserted counterclaim of environmental cost recovery action. Negotiated a settlement during bench trial. - Defended a national document production equipment supply company against breach of contract, Uniform Commercial Code, and unfair trade practices claims. Achieved a favorable settlement of all claims before trial. - Successfully resolved claims against a major international corporation in a case involving the alleged loss of European antique collector cars, parts, and authenticating documents and records. - Obtained summary judgment in complex federal action based on Noerr-Pennington doctrine. - Obtained favorable settlement for banking institution after two-day bench trial on conversion claims. Settlement was broached after successful cross-examination of the Plaintiff. - Successfully obtained summary judgment on claims of tortious interference with contract and civil conspiracy arising from our client's successful opposition before municipal zoning authorities to construction of 32 condominiums on abutting property in Sharon, Connecticut. - Representation as Health Net of the Northeast's lead litigation and regulatory counsel when Health Net administered the Connecticut Medicaid program. As regulatory counsel, advised Health Net regarding its legal obligations to the Medicaid state agency and represented the client in numerous administrative matters. - Representation of a multinational health care information technology provider in an injunction action intended to prevent a breach of contract by a state health care agency. Robinson & Cole obtained an emergency ex parte injunction to prevent the state agency from disclosing trade secrets proprietary to our client in response to a freedom of information request promulgated by a legal aid organization opposed to managed care in governmental health care programs. Subsequently, Robinson & Cole defended against the agency's efforts to lift that injunction and a subsequent appeal. The matter ended while the appeal was pending when the legal aid organization withdrew its FOIA request. - Defended aviation repair station against claims by Federal Aviation Administration that it had improperly returned aircraft parts to service. Issues included disputes over the proper methods for rehabilitating parts and the inconsistent guidance offered by the FAA. Civil penalties approaching $1,000,000 were settled for $10,000. Health Care Litigation - Defended Medicaid member class action involving allegations of due process violations against health maintenance organization. - Represented a deferred compensation plan broker against claims of breach of fiduciary obligations under ERISA and state law claims of fraud and other business torts alleged by a competing retirement plan. Successfully defeated application for preliminary injunction and obtained dismissal of the suit. - Defended a medical doctor in an arbitration initiated by a chiropractor who claimed to have leased him, and later sold to him, a practice. The doctor had subleased space in an office building from the chiropractor. The chiropractor claimed to be owed back rent, late fees, hold-over rent, equipment rental fees, employee wages, and other expenses, in addition to claims for the sale of the practice. A three-day arbitration hearing resulted in an award of only the rent the doctor had admitted owing, comprising only 15 percent of the monies claimed. - Defended provider class action against managed care organization claiming improper withhold, interference with patient contracts, and misrepresentation. Negotiated a three-way settlement agreement with class and independent physicians' association based on prospective revisions to provider relations policies and obtained court approval of the settlement. - Defended managed care organization in class action brought by members charging that company's subrogation policies violated Connecticut law. Succeeded in reducing the scope of the class so significantly that reasonable settlement was obtained with limited expenditure of attorneys' fees. - Defeated motion for temporary injunction filed against managed care organization by doctor who had been terminated from provider network and sought to be reinstated. Following limited discovery, obtained summary judgment in client's favor and defended that judgment upon appeal. - Representation of Health Net against a medical doctor who has filed dozens of cases against Health Net over the past decade. Won summary judgment on breach of contract and unjust enrichment claims asserted by the nonparticipating provider on the grounds that he failed to comply with requirements for timely submission of claims. Preserved victory on appeal by persuading appellate court to affirm. - Represented national health insurer in claims dispute with hospital. In arbitration, established liability of hospital to health insurer for reimbursement of overpayments and defeated claims asserted by hospital. Negotiated advantageous settlement before arbitration panel convened to hear damages evidence. - Retained by large, publicly held health insurer to prosecute a fraud recovery action against chiropractors and medical doctors who had engaged in extensive fraudulent billing practices. Obtained significant recovery for the client in settling the matter while simultaneously settling two Connecticut Unfair Trade Practices Act suits for no payment. Real Estate - Defended a national railroad company against inverse condemnation and trespass claims concerning an alleged easement over the railroad. This case involved complicated valuation issues related to the presence of mineable stone and rock on the property and the feasibility of developing an industrial subdivision on property that was purportedly landlocked by the alleged taking. Publications & Presentations Articles - "ESI: Now That You've Got It, How Do You Get It In?" coauthored with Kori Termine Wisneski (Spring 2008), published in Commercial & Business Litigation, republished in the Fall 2008 edition of the American Bar Association's Section of Litigation Trial Practice Journal, vol. 22, no. 3, and republished in 2009 by the American Bar Association's Section of Litigation, Pretrial Practice & Discovery Newsletter, vol. 19, no. 2 - "New Rules Help with Inadvertent Disclosure," coauthored with Brett Boskiewicz (3/2007), published in Connecticut Law Tribune Magazine - "The New Reasonable Accessibility Standard: What's So Reasonable About It?" coauthored with Kori Termine (2/2007), published in e-Discovery, a special publication of the Section of Litigation, American Bar Association Presentations - "Bulletproofing Your Deals 2010," copresented with William J. Egan (6/10/2010) at Connecticut Chapter of Association of Corporate Counsel of America - "Litigating The Eminent Domain Case In Connecticut," copresented with Dwight H. Merriam, Brian R. Smith, David E. Ross, Robert J. Sitkowski (10/10/2007) at Second Annual Property Rights Seminar: Update on Eminent Domain and Regulatory Takings - "Lose a Pair of Pants, Get Sued for $54 Million -- Doing Business in the Shadow of 'Consumer Protection' Laws" (9/5/2007) presented at Metro Hartford Alliance AM Strategy - "Reasonable Accessibility of ESI and 26(f) Conferences Under the New Federal Rules of Civil Procedure" (6/18/2007) presented at Connecticut Bar Association Annual Meeting News 12.16.11, Benchmark Litigation 2012 Recognizes Six Robinson & Cole Attorneys 10.28.10, Benchmark Litigation 2010 Recognizes Four Robinson & Cole Attorneys 6.15.10, Robinson & Cole Attorneys Instruct In-house Counsel on How to "Bulletproof" Their Deals 4.16.09, Robinson & Cole Business Litigation Attorneys Publish Nationally on Admissibility of Electronically Stored Information |