logo
mission

 

firm overview


Commercial Litigation and Arbitration
General Civil and Family Litigation

Our firm has successfully represented clients in a variety of commercial, civil and family matters, including the following illustrative cases:

  home home2

Roberts v. TriPlanet Partners, LLC et al., 3:12-cv-1222 (JAM) (United States District Court, D. Conn.)
Roberts v. Bennaceur, 1:14-cv-2838 (DAB) (United States District Court, S.D.N.Y.)
In re TriPlanet Partners, LLC, 14-22643 (RDD) (United States Bankruptcy Court, S.D.N.Y.)

 

O’Rourke & Associates successfully represented a former employee in a federal court action in the District of Connecticut against the company and its principals for breach of contract, wage violation and fraud, initially obtaining a $8,949,858.00 prejudgment remedy of attachment against the defendants (950 F.Supp.2d 418), and ultimately obtaining a final judgment of default in the sum of $8,136,222.60, as a sanction against two defendants for their egregious violation of discovery and disclosure orders (2015 WL 1471889, D. Conn. Mar. 31, 2015).

In a related federal action, O’Rourke & Associates obtained an ex parte Temporary Restraining Order and Order of Attachment in the amount of $9,000,000.00, in the Southern District of New York, against two individual defendants to secure an apartment located in Manhattan, which was affirmed and extended by the Court pending resolution of the Connecticut federal action. O’Rourke & Associates also successfully represented Roberts as a creditor in proceedings in the Bankruptcy Court, S.D.N.Y., obtaining a significant Rule 9019 settlement against the debtor, TriPlanet Partners.

Bloomer v. Bloomer, 2015 WL 776942 (Conn. Super. Feb. 4, 2015)

O’Rourke & Associates prevailed on behalf of an ex-husband in a post-dissolution family matter against a claim for over $50,000.00 in attorneys’ fees sought by the ex-wife for having to defend against a motion to open judgment. The Court concluded that the motion to open judgment had been brought in good faith, and that an award of attorneys’ fees was not warranted.

Zabel v. Thomas Abbotts General Contracting, LLC, 2013 WL 6926132 (Conn. Super. Dec. 12, 2013)

Representing plaintiff home owners in a dispute with their contractor for converting tens of thousands in funds paid to the contractor who then refused to complete work on the home, O’Rourke & Associates successfully obtained a judgment, after a hearing in damages, in the amount of $360,931.25, including compensatory damages and punitive damages, all of which were trebled under Connecticut’s Unfair Trade Practices Act (“CUTPA”).

Feinstein v. Keenan, 2013 WL 5969137 (Conn. Super. Oct. 17, 2013)

Sellers of home, represented by O’Rourke & Associates, were sued for over $2 million by buyers of home for alleged breach of contract and fraud.  After trial commenced, buyers moved to have judgment entered against themselves on the breach of contract claim, and to withdraw the fraud claim altogether.  Sellers proceeded with their counterclaim against buyers for breach of contract and were awarded their attorneys’ fees of $177,000.00 as the “prevailing party” under their Contract for Sale with buyers.

Absolute Plumbing & Heating, LLC v. Edelman, 146 Conn. App. 383, 77 A.3d 889 (2013)

In a construction case, several subcontractors, represented by O’Rourke & Associates, sued the homeowners to foreclose on their mechanic’s liens.  After a full bench trial in which the plaintiff subcontractors prevailed, homeowners appealed, contending that the Connecticut Home Improvement Act shielded them from liability to subcontracts.  The trial court’s decision in favor of the subcontractors was affirmed in all respects in a widely anticipated decision in which the Appellate Court expressly found that the Home Improvement Act did not apply to subcontractors.

Pritchard v. Cantor Fitzgerald & Co.  FINRA Docket 09-06028

Cantor Fitzgerald & Co. v. Pritchard, 107 A.D.3d 476, 967 N.Y.S. 2d 336 (1st Dept. 2013)

In 2012, O’Rourke & Associates successfully represented a senior executive in a breach of contact arbitration filed with FINRA against his employer. After a year-long arbitration, O’Rourke & Associates obtained an arbitration award of $1,237,841.00, which included over $300,000.00 in attorneys’ fees.  Cantor Fitzgerald appealed the FINRA award to the Supreme Court, New York County, which overturned the award of attorneys’ fees, but confirmed the remainder of the award.  On Pritchard’s appeal, New York’s Appellate Division, First Department reversed the Supreme Court decision in its entirety, reinstating and confirming the entire FINRA award in Pritchard’s favor.

Danka Office Imagining, Co. v. Catalano, 3:01-CV-1952 (AVC)(United States District Court, D. Conn.)

O’Rourke & Associates successfully represented an industry leading document imaging company bringing a federal action in the United States District Court in Connecticut alleging breach of an employment agreement and violation of restrictive covenants against an employee who took a new job with a competitor.  In this litigation, O’Rourke & Associates crafted the complaint and prayer for injunctive relief, and then represented its clients at a hearing held on a motion for preliminary injunction. After an evidentiary record was created, defendants agreed to a stipulated judgment that incorporated a permanent injunction, achieving substantially all of the objectives of the client.

Hall's Magazine Reports, Inc. v. Morris, 3:97-CV-492 (JCH) (United States District Court, D. Conn.)

Morris v. Hall’s Magazine Reports, Inc., 2005 WL 2501047 (Conn. Super. Sept. 20, 2005)

O’Rourke & Associates successfully defended the defendants in a week-long federal jury trial where it was alleged that the defendants had violated United States copyright law, and otherwise violated various commercial non-compete agreements.  Plaintiff’s appeal to the Court of Appeals for the Second Circuit was ultimately withdrawn as part of a settlement.  Several years later, O’Rourke & Associates, on behalf of Morris, successfully sued Hall’s in Connecticut Superior Court to recover attorneys’ fees incurred in the federal court action.

Keefe v. Norwalk Cove Marina, Inc., 57 Conn. App. 601, 749 A.2d 1219 (2000).

O’Rourke & Associates represented the plaintiff in a trial in the Connecticut Superior Court concerning a contract dispute with the defendant over the purchase of a $2 million dollar Italian yacht by plaintiff. After the favorable trial verdict for plaintiff, the defendant filed an appeal with the Connecticut Appellate Court, and, in turn, plaintiff filed a cross-appeal. O’Rourke & Associates prosecuted the cross-appeal, asking the Appellate Court to increase the size of the judgment that was obtained at the trial court level. The Connecticut Appellate Court rejected the defendant’s appeal, and affirmed O’Rourke & Associates’ appellate arguments, doubling the total judgment for plaintiff to $200,000.00.

Ryan v. Smith, 3:99-CV-284 (DJS) (United States District Court, D. Conn.)

O’Rourke & Associates concluded a three-year representation of several individual and corporate defendants arising from an adversarial proceeding brought in the Bankruptcy Court for the District of Connecticut.  The case involved a multi-count Complaint alleging fraud and breach of fiduciary duty against former officers and directors. In addition, we filed counterclaims alleging fraud and malfeasance against the plaintiffs.

In representing its clients in the Ryan v. Smith matter, O’Rourke & Associates matched its resources against several institutional law firms that had been retained by the Trustee in Bankruptcy, as well as the Unsecured Creditors Committee and Debtor in Possession. This litigation involved conducting direct and cross examination on preliminary pre-trial hearings, drafting and arguing a number of substantive motions, conducting many depositions and ultimately negotiating a favorable settlement on the eve of trial with the intervention of the presiding United States District Court Judge.

In each of the above litigations, O’Rourke & Associates was able to operate on a very sophisticated level, matching its advocacy talents against the resources of much larger law firms. At the end of each of these litigations, O’Rourke & Associates obtained very favorable results based upon the initial objectives of the client.

top

27 Pine Street, New Canaan, CT 06840      Phone: 203-966-6664 Fax: (203) 966-5710