Christopher Girard is an associate in the firm's Litigation Section. Mr. Girard concentrates his civil litigation practice on complex commercial litigation, business torts, and market conduct cases, representing businesses, municipalities, and individuals in state and federal courts. He regularly represents clients in cases involving claims of breach of contract, fraud, bad faith, and unfair trade practices.
Mr. Girard also represents criminal defendants as part of his practice. In 2009, Mr. Girard and James A. Wade obtained a directed verdict of acquittal for an individual client after a three-week jury-waived trial. The state had accused our client of sexual assault, kidnapping, and related charges. At the close of the state's case, and before the defense called any witness of its own, the court granted the defense team's motion for judgment of acquittal on all nine counts charged. This relief is rarely granted to a defendant in a criminal case. To grant such a motion, the court must find that no reasonable finder of fact could be persuaded by the state's evidence, even construing all evidence in the light most favorable to the state and discounting any questions of credibility of the state's witnesses.
During trial, the defense team obtained numerous key evidentiary rulings in favor of the client, keeping out hearsay statements allegedly made by the alleged victim and others. These kinds of statements are routinely admitted against defendants and are rarely challenged, but in this case, the court found the usual arguments unpersuasive. Additionally, as a result of the judgment of acquittal, the state Department of Children and Families withdrew two pending cases against our client and conceded defeat in an administrative appeal brought by our client, all arising out of the same allegations.
Mr. Girard's experience also includes the defense of benefit denials in life, health, and disability cases. He previously represented a United States Army veteran on a pro bono basis before the United States Court of Appeals for Veterans Claims, where he challenged the Department of Veterans Affairs' denial of the veteran's claim of a service-related disability.
Mr. Girard serves on the firm's Pro Bono Committee. Prior to joining Robinson & Cole, he clerked for the Honorable C. Ian McLachlan of the Connecticut Appellate Court.
Professional Associations
- Massachusetts Bar Association, 2003 to present
- Connecticut Bar Association, 2004 to present, Standing Committee on Professionalism
- Oliver Ellsworth Inn of Court, 2005 to present, Treasurer, 2006 to 2010
- Federal Bar Council
Experience
- Representation of Connecticut town in arbitration case involving billing procedures for sewage treatment for industrial discharge by a large paper factory. Case involved approximately $1 million in disputed sums claimed past due, plus declarations interpreting the parties' contract going forward.
Business Litigation
- Representation of an eye-surgery center in Massachusetts regarding the sale of interest in the center. Mediated with private mediator and settled favorably with one of partners buying plaintiff's interest.
- Representation of a major bank in a creditor collection case under Connecticut law and in several cases for alleged failure to release a mortgage lien upon payment of the mortgage.
- Representation of a major bank in Connecticut federal court in a dispute over alleged fraudulent use of a credit card, with claims of violations of the Fair Credit Reporting Act and the state Fair Debt Collection Practices Act.
- Currently representing independent manager of hedge fund in putative class actions where hedge fund was invested in what turned out to be a Ponzi scheme. Client is among several defendants alleged to have failed to prevent the loss of funds to the scheme.
- Obtained summary judgment for client commercial mortgage lender/servicer in action alleging breach of contract, breach of fiduciary duty, and unfair trade practices. Borrower claimed that client owed a duty arising under federal law and the parties' contract to invest funds held in escrow according to borrower's demands. Court agreed that client owed no such duty to plaintiff and granted summary judgment as to all claims.
Civil Rights Litigation
- Representation a national church in the Baptist tradition in a civil rights action, arising from a dispute over clerical succession in a local church, in which one faction sought to have the regional bishop arrested for "trespassing" in the sanctuary of the church. Successfully negotiated a resolution of all claims.
- Representation of a not-for-profit housing provider that provides accessible housing for persons with severe physical disabilities against discrimination claim by former resident claiming discrimination on the basis of disability.
Health Care Litigation
- Obtained summmary judgment in favor of Connecticut hospital in whistleblower action by former employee.
- Currently representing a hospital in a defamation action by a former employee physician who claims client's unfavorable responses to a credentialing inquiry caused plaintiff to lose job offer.
Pro Bono
- Representation of a client on pro bono basis in application for a pardon pending before the Connecticut Board of Pardons and Paroles.
- Representation of, pro bono, a disabled US Army veteran in appeal of decision by Board of Veterans' Appeals affirming the US Department of Veterans Affairs' denial of the veteran's claim of a service-related disability. The appeal is pending before the US Court of Appeals for Veterans Claims in Washington, DC.
Trial
- Representation of major title insurer in dispute with commercial developer over some $200,000 in unpaid real property taxes. The client sought a declaratory judgment that it was not liable to reimburse the insured when the insured unilaterally paid over $200,000 to the municipality without the insurer's consent. The insured also breached its duty to cooperate in the client's coverage investigation. The insured countersued, alleging breach of contract, bad faith, and unfair trade and insurance practices. The bad faith and unfair trade/insurance practices claims were dismissed on summary judgment. After a trial to the court without a jury, the court rendered declaratory judgments in favor of the client and rejected the insured's breach of contract counterclaim.
- Defended a major provider of cable television in a jury trial. Plaintiffs alleged unfair trade practices, trespass, and various invasion of privacy torts, claiming they did not give permission for their home to be filmed or included in a television commercial our client created and aired for a home renovation contractor. After the client filmed in the plaintiffs' home and broadcast the commercial many times, the homeowners sued. At trial, the court granted a directed verdict on the unfair trade practices claim. The jury returned a defense verdict on each count except one of the invasion of privacy claims, for which nominal damages of $1 were awarded to the plaintiffs. Our client's codefendants, meanwhile, were ordered by the same jury to pay $100,000 in damages.
- Representation of a significant regional convenience store/gas station chain in trial concerning commercial lease disputes.
- Representation of a land developer in an arbitration hearing in Denver, Colorado, for fees due under a development services agreement for services rendered to a company that aborted building a new corporate headquarters on the western slope of the Colorado Rockies. Company counterclaimed, alleging breach of contract and negligent misrepresentation against our client. After a five-day hearing, our client was awarded $500,000 in contract damages and $160,000 in interest. The company's counterclaims were rejected. As the prevailing party, our client was entitled to recover its attorney's fees and costs.
Publications & Presentations
Articles
- "Property Insurance Litigation in the Aftermath of Hurricane Katrina: The Early Results," coauthored with Daniel F. Sullivan and Gregory P. Varga (11/2006), published in CPCU Society Claims Quarterly
- "Insurance Coverage Litigation in the Aftermath of Hurricane Katrina," coauthored with Daniel F. Sullivan and Gregory P. Varga (12/2005), published in CPCU Society Claims Quarterly
News
11.29.10, New United States Attorney Pledges to Aggressively Pursue White-Collar Crime with Blue-Collar Tactics