Jody N. Cappello is a partner with Winget, Spadafora & Schwartzberg, LLP. His practice focuses primarily on professional liability litigation and employment practices litigation.
Mr. Cappello routinely defends attorneys and other professionals in state and federal courts, and before administrative agencies in connection with allegations of malpractice. Mr. Cappello also represents executives and businesses before the EEOC, CHRO and state and federal courts in connection with claims involving allegations of wrongdoing including assertions of sexual harassment; failure to hire and/or promote; wrongful termination; discrimination; retaliation and enforcement of covenants not to compete.
- Corbeil v. Blood, 2011 U.S. Dist. LEXIS 60525 (D. Vt. June 6, 2011) affirmed 2013 U.S. App. LEXIS 3613 (2d Cir. Vt., Feb. 21, 2013) – obtained summary judgment of negligence and breach of fiduciary duty claim brought against insurance broker as the Plaintiff could not prove that any conduct of the broker caused his claimed damages
- Namoury v. Tibbetts, 2008 U.S. Dist. LEXIS 85541 (D. Conn. Oct. 20, 2008) – obtained summary judgment of breach of contract and breach of fiduciary duties of claims against an attorney because the plaintiff respectively failed to prove the existence of a contract and had no evidence of fraud, self-dealing or conflict of interest
- Northrop v. United States, 2008 U.S. Dist. LEXIS 85540 (D. Conn. Aug. 28, 2008) – obtained dismissal of legal malpractice claims alleging ineffective assistance of counsel as they were barred by prior litigation
- Pelletier v. Galske, 285 Conn. 921 (Conn. 2008) affirming 105 Conn. App. 77 (2007) obtained dismissal of a breach of contract claim against an attorney because the claim was actually a legal malpractice claim disguised as a contract claim and was barred by the three years statute of limitations applicable tort claims and not the six year statute of limitations applicable to breach of contract claims
- Aurora Loan Servs., LLC v. Hirsch, 2013 Conn. Super. LEXIS 1509 (Conn. Super. Ct. June 28, 2013) – Obtained dismissal of claims against original closing attorney brought by current holder of note and mortgage as it had no relationship with the attorney and thus lacked standing to pursue any claims against him
- Staying Ahead of the Class – Strategies for Defending Management and Professional Liability Class Actions, Speaker, CLM Annual, March 14, 2019
- Annual E&O Insurance ExecuSummit, Co-Chair and Speaker (2018-2019)
- Liability and Exposure of Lawyers to Claims Asserted by Third Parties, Speaker, CLM Management & Professional Liability Conference, June 21, 2018