Peter J. Zarella

The Chemours Company; The Chemours Company FC, LLC; and EIDP, Inc.—NRD PFAS and other claims

Represent chemical companies The Chemours Company; The Chemours Company FC, LLC; and EIDP, Inc. in responding to national litigation involving a state directive for statewide cleanup of newly emerging contaminants (PFAS), claims for natural resource damages (NRD) and NRD assessments brought in several states (including New Jersey) involving PFAS or other alleged contaminants, claims for damages by various water utilities in several states, and ones involving toxic tort, product liability, medical monitoring, and putative class action claims.

Substance abuse rehabilitation facility—Anti-SLAPP & First Amendment dismissal

Obtained a complete dismissal of an action under Connecticut’s Anti-SLAPP statute, C.G.S. § 52-196a, on grounds that the action was barred by the First Amendment and litigation privilege.  Successfully defended the dismissal on appeal to the Appellate Court and obtained awards of both trial and appellate attorney’s fees.

Individual—Connecticut Supreme Court appeal

Represented an individual in a successful appeal at the Connecticut Supreme Court overturning a trial court’s vacating of an award from a marriage dissolution arbitration.

Construction surety—Arbitration award

Obtained a $1.28 million default award in an arbitration against a subcontractor and successfully enforced it against the surety in local courts in Puerto Rico.

Commercial real estate company—Commercial foreclosure

In defense of a commercial foreclosure, obtained the discharge of a mortgage under Conn. Gen. Stat. § 49-13(a) without having to deny the making of the underlying note or establishing whether it had been paid.

Individual—Shareholder buyout

Enforced the buyout provision in a shareholder’s agreement in an arbitration and obtained an award several multiples larger than previous offers by buyers.

Individual—Arbitration award

Defeated a claim for over $2 million allegedly due under a joint prosecution agreement on a motion for summary disposition in a JAMS arbitration. Through careful parsing of the language of the agreement, the arbitrator determined that the agreement was valid but had not become operative given the history of the underlying litigation.

Power generation owners—Ownership dispute

For the first time under Connecticut law, established that a fiduciary duty of loyalty owed by an LLC managing an LLC extends to its individual members of the manager LLC. This point of law allowed for successful settlement in a dispute where minority owners in a power generation project claimed that the majority owners had attempted to circumvent the minority’s “tagalong” rights for the sale of the project.

International importer—UCC Article 2 case

Defeated a motion for summary judgment in a UCC Article 2 case on the ground that changing supply and economic conditions had made fulfillment of a sales order impossible.

Commercial marina—Shareholder

Represented the majority owner of units in a “dockominium”--a marina organized as a condominium under Connecticut’s Common Interest Ownership Act--to enforce his right to vote his shares and secured payment of his attorney’s fees for having to do so.

Estate conservator—Probate appeal

Successfully appealed a probate court’s reduction in conservatorship fees for an estate conservator and obtained a full remand. Winning the appeal required prevailing under the narrow “abuse of discretion” standard.

Sage Steele—Workplace discrimination matter 

Represented Sage Steele, a television reporter, in claims against ESPN and The Walt Disney Company under Conn. Gen. Stat. § 31-51q, which prohibits workplace discipline for the exercise of constitutional rights that do not interfere with the workplace or employment relationship.