John B. Farley: Lawyer with Halloran & Sage LLP

John B. Farley

Partner
Hartford,  CT  U.S.A.
Phone860-297-4635

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Litigation & Dispute Resolution
  • Appellate
 
University Georgetown University, A.B., 1980; University of Connecticut, M.A., 1983
 
Law SchoolUniversity of Connecticut School of Law, J.D., 1987
 
Admitted1987, Connecticut; 1988, District of Connecticut; 1989, Southern and Eastern Districts of New York; 1991, U.S. Supreme Court; 1994, 2nd Circuit Court of Appeals; 1999, 1st Circuit Court of Appeals; 2004, 6th Circuit Court of Appeals
 
Memberships 

Associations

American Academy of Appellate Lawyers
American Bar Foundation
Connecticut Bar Association
Hartford County Bar Association
American Bar Association - Council
of Appellate Lawyers
TIPS Appellate Advocacy Committee

 
BornWillimantic, Connecticut, August 2, 1958
 
Biography

A nationally recognized trial and appellate advocate, John Farley is co-chair of our firm's appellate practice group and our business litigation group. His practice spans state and federal trial and appellate practice in all types of cases. His extensive range of experience encompasses general business litigation, commercial tort and contract disputes, unfair trade practices, legal malpractice, insurance coverage and unfair insurance practices, subrogation, environmental and land use and products liability. As lead counsel, he has handled to conclusion more than 80 trials and appeals in the Connecticut Courts, the Second Circuit Court of Appeals and the First Circuit Court of Appeals and has been involved in hundreds of such cases. He has also been involved in several cases before the United States Supreme Court.

John's legal skills have earned him national and regional recognition by his peers. In 2006, he was elected to membership in the prestigious American Academy of Appellate Lawyers, whose membership is limited to 500 of the nation's most distinguished appellate lawyers. He has been listed in the The Best Lawyers in America since 2001 in the areas of Appellate, Commercial Law and Insurance Law. He is listed in the Benchmark Appellate directory as a Second Circuit “star.” The peer-reviewed legal directory Martindale-Hubbell gives him its highest rating of AV.

John is a member of the Connecticut Bar Association (House of Delegates 1996-2000) and the Hartford County Bar Association (chair, Civil Litigation Committee, 2001-2005). He is also a fellow of the American Bar Foundation and a member of the TIPS Appellate Advocacy Committee and the Council of Appellate Lawyers of the American Bar Association. He is a frequent speaker on appellate advocacy and civil litigation.

 
Reported CasesRepresentative Matter: Tort and Products Liability Cases; Prentice v. Dalco Elec., Inc. , 280 Conn. 336; 907 A.2d 1204(2006) Obtained the reversal of a $1.2 Million jury verdict by successfully pursuing a Daubert challenge on appeal. Rizzuto v. Davidson Ladders, Inc. , 280 Conn. 225; 905 A.2d 1165 (2006) Court recognized a cause of action for intentional spoliation of evidence in Connecticut. Weigold v. Patel , 81 Conn. App. 347, 840 A.2d 19, cert. denied 268 Conn. 918, 847 A.2d 314 (2004) The plaintiff's decedent was killed in an automobile accident caused by a psychiatric patient who fell asleep at the wheel. The plaintiff alleged that the medication prescribed to the patient caused her to fall asleep. The Connecticut Appellate Court held that a psychiatrist owes no duty of care to the public to warn a patient of the danger of operating a motor vehicle, while taking medication. Paige v. St. Andrews Roman Catholic Church Corp. , 250 Conn. 14, 734 A.2d 85 (1999) $3.2 Million personal injury verdict reversed and judgment directed. Contains one of the most vitriolic dissents ever filed by Justice Robert Berdon. Potter v. Chicago Pneumatic Tool Co. , 241 Conn. 199; 694 A.2d 1319 (1997) Landmark products liability decision in a mass tort case involving vibrating tools, establishing Connecticut law on alternative feasible design, modified consumer expectation test for complex products, state of the art evidence and alteration and modification. Powell v. Pagano , Obtained a defense jury verdict on behalf of an attorney sued for defamation by a newspaper editor; Kelley v. Bonney , 221 Conn. 549; 606 A.2d 693 (1992) Obtained judgment in favor of a teacher who participated in filing a complaint against another teacher concerning allegations of child abuse. This case established that absolute privilege is a defense to a defamation claim based on allegations in a complaint against a teacher filed with the State Board of Education. A-G Foods, Inc. v. Pepperidge Farm, Inc. , 216 Conn. 200; 579 A.2d 69 (1990) Successfully defended Pepperidge Farm against a grocery store operator's claim based on a Pepperidge Farm distributor's fraudulent conduct obtaining payment for goods that were never delivered. Following a million dollar verdict for the plaintiff, the Supreme Court held that Pepperidge Farm was not vicariously responsible for the acts of its independent contractor and also that negligent supervision does not amount to violation of the Connecticut Unfair Trade Practices Act (CUTPA). Insurance Coverage and Bad Faith Cases; Fireman's Fund Ins. Co. v. Special Olympics Int'l, Inc. , 346 F.3d 259 (1st Cir. 2003) An issue of first impression, limited employee dishonesty coverage to exclude dishonest acts committed with the intent to defraud third parties. Vinco Inc. v. Royal Ins. Co. of Am. , 29 Fed. Appx. 753 (2nd Cir. 2002). Certificate of insurance does not impose contractual obligations upon an insurance company; Metropolitan Life Ins. Co. v. Aetna Casualty & Surety Co. , 249 Conn. 36, 730 A.2d 51 (1999); 225 Conn. 295, 765 A.2d 891 (2000) Lead local appellate counsel for all defendants on two appeals in case where MetLife sought $1 Billion in costs from its insurers for settling asbestos tort cases. Court determined the number of occurrences under general liability and excess policies and addressed the scope and applicability of the attorney-client privilege between insured and its counsel in the context of an insurance coverage dispute. Reichhold Chemicals, Inc. v. Hartford Accident & Indemnity Company , 243 Conn. 401, 703 A.2d 1132 (1997); 252 Conn. 774, 750 A.2d 1051 (2000) Lead local appellate counsel for several insurers in national environmental insurance coverage case. These landmark Connecticut Supreme Court decisions addressed the choice of law rules applicable to insurance coverage disputes. Lees v. Middlesex Insurance Company , 229 Conn. 842, 643 A.2d 1282 (1994) Successfully defended a fire loss claim under a homeowners policy obtaining two decisions from the Connecticut Supreme Court. In its first decision the court held that the policy's one year suit limitation barred the contracted claim but not the extra-contractual claim. The Supreme Court's second decision established that a general business practice is required in order to establish a cause of action under the Connecticut Unfair Trade Practices Act (CUTPA) based on a violation of the Connecticut Unfair Insurance Practices Act (CUIPA). Hanover Ins. Co. v. Fireman's Fund Ins. Co. , 217 Conn. 340, 586 A.2d 567 (1991) Successfully defended insurer against prior insurer's claim for subrogation and contribution on an underlying fire loss where insured obtained replacement coverage before prior policy expired. Business, Contracts and Commercial Cases; Metropolitan District v. Connecticut Resources Recovery Authority , (Conn.Super., August 18, 2011) Successfully defended at trial CRRA's award of a contract to operate its Hartford waste-to-energy plant and the waste processing facility previously operated by the MDC for 28 years; Poulin v. Balise Auto Sales, Inc. , 647 F.3d 36 (2nd Cir. 2011) Successfully defended an automobile dealer's business model from a Truth-in Lending challenge. Small v. Going Forward, Inc. , 281 Conn. 417; 915 A.2d 298 (2007) After obtaining a reservation to appeal in a class action, prevented attribution of regulatory intent to a statutory definition of conveyance fee applicable to automobile dealers. Friedman v. Donenfeld , 92 Conn. App. 33, 882 A.2d 1286 (2005) cert. denied, 276 Conn. 930, 889 A.2d 817 (2005) Binder agreement signed by the parties was not a binding contract for the sale of commercial waterfront property. Federal Deposit Ins. Corp. v. Mutual Communications Associates, Inc. , 262 Conn. 358, 814 A.2d 377 (2003) Enforced a promissory note against corporate officers and guarantors, despite purchase of note by an entity partly owned by the wife of one of the officers. Court, inter alia, rejected rule that the actions of a wife are presumptively for the benefit of her husband. United Illuminating Company v. Wisvest-Connecticut LLC , 259 Conn. 665, 791 A.2d 546 (2002) Obtained reversal of trial court judgment vacating arbitration award where arbitration panel had considered extrinsic evidence to determine parties' intent under a contract. (Local counsel for appellant) Custom Sports Apparel v. Squires Hightech , 26 Fed. Appx. 68 (2nd Cir. January 8, 2002) Successfully defended the imposition of an injunction in action against a sporting goods manufacturer to protect plaintiff's trade secrets and other proprietary information; Calandro v. Allstate Ins. Co. , 63 Conn. App. 602; 778 A.2d 212 (2001) Successfully defended insurance adjuster representing an insured against unfair trade practice claims asserted by the insurer during the loss adjustment process. Policy arguments concerning insurance adjusters' duties were persuasive in avoiding liability where the same conduct by the adjuster gave rise to liability to the insured. Phillip v. Fairfield Univ. , 118 F.3d 131 (2nd Cir. 1997) Defended the NCAA in the District Court and on appeal in an action seeking to enjoin the enforcement of student athlete academic eligibility requirements against a college basketball player. District Court's injunction was reversed. Potter v. Oxford , Successfully enforced business separation agreement dividing closely held family corporation in an arbitration proceeding; Conway v. Carpenter , Defended derivative action brought by disgruntled shareholders in two closely held family corporations, alleging corporate misconduct, and successfully transitioned case into a fair value hearing to buy out minority shareholders. * Decision by May 2007; CRRA v. Wheelabrator , Represented quasi-governmental agency in an arbitration commenced in the midst of contract renewal negotiations concerning a long term solid waste disposal agreement at a waste to energy plant, to enforce the terms of the original contract's renewal provision. * Decision by May 2007 Constitutional Law and Civil Rights Cases; Batte-Holmgren v. Comm'r of Pub. Health , 281 Conn. 277, 914 A.2d 996 (2007) Filed amicus brief for the American Cancer Society in suit challenging the constitutionality of Connecticut smoking ban statute. Rosado v. Bridgeport Roman Catholic Diocesan Corp. , 77 Conn. App. 690, 825 A.2d 153 (2003), 276 Conn. 168, 884 A.2d 981 (2005). Represented the Bridgeport Diocese in the defense of an effort by the New York Times and other newspapers to obtain copies of documents that had been sealed under protective orders entered in underlying sexual abuse cases. Murdock v. Croughwell , 1998 U.S. App. LEXIS 19162 (2nd Cir. June 10, 1998) Police supervisor was not acting within his state authority, for purposes of 42 U.S.C. 1983 liability, when he assaulted a subordinate officer. Mulligan v. Rioux , 229 Conn. 716; 643 A.2d 1226 (1994) Federal qualified immunity applied to malicious prosecution claim under 42 U.S.C. 1983 but not under state common law. Environmental and Land Use Cases; Uniroyal Chemical Company v. Town of Middlebury , 175 Fed. Appx. 473 (2nd Cir. April 10, 2006) In a major Superfund clean-up case, the court upheld the allocation of interest on clean-up costs on a pro-rata basis, consistent with the allocation of the underlying costs; Branhaven Plaza, LLC v. Inland Wetlands Commission of the Town of Branford , 251 Conn. 269, 740 A.2d 847 (1999) Prevented the approval of a development proposal by successfully arguing that the local inland wetlands commission improperly accepted the payment of money and in-kind services to serve as mitigation for the destruction of wetlands. Property Cases; Moss v. Foster , 96 Conn. App. 369, 900 A.2d 548 (2006) Enforcement of old deed restrictions between property owners. As appellate counsel after dismissal for insufficient evidence, obtained a new trial based on arguments derived from the limited evidence in the record. Altsheler v. Wheeler , 182 F.3d 898 (2nd Cir. 1999) Upheld dismissal of $1.4 Million real estate quiet title and unjust/enrichment claim. Administrative and Regulatory Law Cases; Friedman v. Conn. Bar Examining Comm. , 77 Conn. App. 526, 824 A.2d 866 (2003) cert. granted, 265 Conn. 909, 831 A.2d 249 (2003), appeal dismissed, 270 Conn. 457, 853 A.2d 496 (2004) Successfully defended Bar Examining Committee's decision to deny plaintiff admission to the bar. Office of Consumer Counsel v. Department of Public Utility Control , 234 Conn. 624; 662 A.2d 1251 (1995) Appeal from a utility rate increase addressing a municipality's standing to appeal as an intervener in the administrative proceeding. CRRA v. Wheelabrator Represented quasi-governmental agency in an arbitration commenced in the midst of contract renewal negotiations concerning a long term solid waste disposal agreement at a waste to energy plant, to enforce the terms of the original contract's renewal provision. * Decision by May 2007 Small v. Going Forward, Inc. , 91 Conn.App. 39, 879 A.2d 911 (2005), affirmed , 281 Conn. 417, 915 A.2d 298 (2007) Halloran & Sage successfully defended this class action against an automobile dealership alleging an unfair trade practice of charging excessive conveyance fees. The plaintiffs claimed that a statute regulating the disclosure and certain other aspects of dealer conveyance fees also limited the amount dealers could charge by virtue of the statute's definition of such fees as charged to recover reasonable costs for processing all documentation and performing services related to the closing of a sale... Halloran & Sage obtained a reservation to appeal concerning the central question of statutory interpretation. The Appellate and Supreme Courts held that the statute does not regulate the amount that dealers could charge as conveyance fees. Moss v. Foster , 96 Conn. App. 369, 900 A.2d 548 (2006) This case involves the enforcement of old deed restrictions between property owners on a hill overlooking Long Island Sound. The disputed deed restrictions concern trees and plantings that may obstruct views of the Sound. Halloran & Sage took over the case after the trial court dismissed it for insufficient evidence. On appeal we obtained an order for new trial based on arguments derived from the limited evidence in the record. Uniroyal Chemical Company v. Town of Middlebury , 2006 WL 962210 (2d Cir. 2006) In a major Superfund clean-up case, the court upheld the allocation of interest on clean-up costs on a pro-rate basis, consistent with the allocation of the underlying costs. Hanks v. Powder Ridge Restaurant Corp. , 276 Conn. 314, 885 A.2d 734 (2005) The plaintiff was injured while snowtubing at the defendant's facility. Before he was allowed to participate, he signed a release and waiver agreement exculpating the defendant for liability from any and all claims, including those involving the defendant's own negligence. The Supreme Court held, in a divided en banc opinion, that although the release was properly drafted, it was not enforceable because it violated public policy. Friedman v. Donenfeld , 92 Conn.App. 33, 882 A.2d 1286 (2005) cert. denied, 276 Conn. 930, 889 A.2d 817 (2005) Halloran & Sage successfully defended this action brought by attempted purchasers of commercial waterfront property against the owner. The plaintiffs sought specific performance of an alleged sales contract and breach of the implied covenant of good faith and fair dealing. On appeal, the Appellate Court upheld the trial court's conclusion that a binder agreement signed by the parties was not itself a binding contract for the sale of the property. Bloom v. Gershon , 271 Conn. 96, 856 A.2d 335 (2004) This case involved a procedural question - The Connecticut Supreme Court determined that the claims commissioner does not have jurisdiction to waive the State's sovereign immunity and grant a claimant permission to file apportionment complaint. Weigold v. Patel , 81 Conn. App. 347, 840 A.2d 19, cert. denied 268 Conn. 918, 847 A.2d 314 (2004) The plaintiff's decedent was killed in an automobile accident caused by a psychiatric patient who fell asleep at the wheel. The plaintiff alleged that the medication prescribed to the patient caused her to fall asleep. The Connecticut Appellate Court held that a psychiatrist owes no duty of care to the public to warn a patient of the danger of operating a motor vehicle while taking medication. Vinco v. Royal Insurance Company of America , 29 Fed. Appx. 753, 2002 WL 337988 (2d Cir. 3/4/02) Halloran & Sage successfully defended claim by contractor against subcontractor's insurer seeking status of additional insured based only on a certificate of insurance. Counsel for Superfund Litigation Halloran & Sage attorneys served as lead joint defense counsel for the general waste stream defendants and co-defense counsel for the municipal defendants in the private cost recovery trial of the two most notorious Superfund sites in the state, the Beacon Heights and Laurel Park landfills. During the course of the trial and in further proceedings before the Federal District Court, we became lead counsel for all 20+ municipalities involved in this litigation. The trial, which spanned six months, involved presenting novel cost-allocation models for the apportionment of the clean-up costs among all parties. Our representation included numerous appeals to the Second Circuit Court of Appeals and relitigating certain unique issues upon remand, such as the calculation of pre-judgment and post-judgment interest under CERCLA and the effect of deposits made to the federal court registry on the calculation of interest. Our involvement in this case gave us unparalleled experience in municipal commercial and industrial liability issues arising under federal and state law relating to municipal solid waste, landfill operation and closure and Superfund liability. Reichhold Chemicals, Inc. v. Hartford Accident & Indemnity Company , 243 Conn. 401, 703 A.2d 1132 (1997); 252 Conn. 774, 750 A.2d 1051 (2000) Halloran & Sage represented several insurers in this environmental insurance coverage case involving contaminated sites across the nation. These landmark Connecticut Supreme Court decisions addressed the choice of law rules applicable to environmental insurance coverage disputes (Halloran & Sage served as coordinating appellate counsel).
 
ISLN907515621
 


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Office Information

John B. Farley

225 Asylum Street
HartfordCT 06103




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