Following more than four years of litigation, the Firm obtained a favorable settlement on behalf of a client it represented on a pro bono basis. In 2016, at the request of the United States District Court, the Firm agreed to represent a former employee of the East Haven Police Department (the “Town”), who had filed an age discrimination lawsuit in connection with events culminating in the termination of her employment two years earlier. In late 2017, following discovery and extensive briefing, the District Court entered summary judgment in favor of the Town, finding that plaintiff’s voluntary retirement shortly before a scheduled disciplinary hearing in December 2014 precluded any claim that plaintiff had been constructively discharged, notwithstanding the questionable nature of the charge and statements made to the plaintiff by an Internal Affairs Officer regarding the likely outcome of the hearing. Green v East Haven Police Dep’t, 2017 WL 6498144 (D. Conn. Dec. 19, 2017). The Firm appealed to the Second Circuit Court of Appeals and, working with appellate counsel at Paul Weiss, obtained a reversal of the District Court’s decision in March 2020. In a lengthy decision, the Court of Appeals concluded that questions of fact existed as to whether plaintiff had been constructively discharged, and that based on the record, a factfinder applying the correct legal standard could rationally find that an employee in plaintiff’s position would have felt compelled to submit her resignation stating that she was retiring, rather than face nearly certain termination. Green v. Town of East Haven, 952 F.3d 394 (2020). The case was thereupon remanded to the District Court and, following a mediation before Magistrate Judge Robert Spector, the Firm obtained a settlement resulting in a six figure payment to its client. Jim Riley acted as lead counsel, and was assisted by Michael Battema.
Drew Nelson and Nick Douglas represented a leading national seller and distributor of high-quality ornamental plant seed and related products in the negotiation and sale of its distribution business to one of the worldwide leading companies in ornamental plant production and distribution. The family-owned company has been in business for over 75 years and the acquisition was part of the acquirer’s strategy to expand its business.
