David S. Golub

Significant Cases

• From 1996-98, he served as lead private counsel for the State of Connecticut in its action against the tobacco industry, part of the nationwide litigation resulting in the national settlement that provided a $3.6 billion recovery for the State. Connecticut’s leading role in the nationwide litigation was specifically recognized by a special panel of former attorneys general, which concluded that the contribution of Connecticut’s legal team to the national litigation and settlement was among the top five of the 57 states and other entities involved in the litigation. As a result of that finding, the State received a special award of an additional $370 million of the national settlement proceeds.[1]
• From 2002 to date, he has served as lead counsel in a class action for Connecticut’s public employee unions and union employees challenging the legality of mass layoffs of thousands of unionized public employees, ultimately obtaining a precedent-setting ruling by the United States Court of Appeals for the Second Circuit that the layoffs violated the unions’ and union members’ First Amendment right to freedom of association, resulting in a $100+ million settlement with the State for 40,000 unionized public employees approved by General Assembly’s Judiciary Committee.[2]
• From 1988-1994, he represented the relator in a federal False Claims Act action against United Technologies Corporation, resulting in a $150 million recovery for the United States, at the time the largest amount ever obtained in an FCA action.[3]
• From 2003-09, he served as lead counsel in a class action for 70 Connecticut municipalities to recover for losses sustained as a result of a quasi-public trash authority’s improper dealings with Enron Corporation, resulting in a $35.8 million judgment after trial (believed to be largest award ever rendered in Connecticut against a public entity), upheld on appeal by the Connecticut Supreme Court.[4]
• From 2005 to date, he has served as lead attorney for Connecticut death row inmates challenging the constitutionality of the administration of capital punishment in Connecticut on racial disparity grounds in a special proceeding authorized by the Connecticut Supreme Court.[5]
• In the 1970s and 1980s, he worked on two pro bono Florida death penalty cases obtaining the reversal of the sentence and reversal of conviction.[6]
• In 1986, he successfully argued a voting rights case on behalf of the Connecticut Republican Party in the United States Supreme Court, establishing the right of a political party to conduct open primaries.[7]
• In 2015, he successfully represented the Connecticut Democratic Party in an election eve challenge to campaign finance practices.[8]
• In 1984, he obtained acquittal for Ernie Cobb, a Boston College basketball star, on federal charge of point-shaving in Brooklyn federal court.[9]
• From 1983-87, he served as lead counsel in nationwide class action for 40,000 Xerox pensioners, then the largest class action in Connecticut history, resulting in a settlement that provided increased pension benefits for approximately 40,000 present and former Xerox employees.[10]
• From 2005-10, he represented defrauded owners of structured settlement annuities in a nationwide class action against Hartford Financial Services Group, Inc., resulting in a $75 million recovery for over 20,000 defrauded class members.[11]
• In 1991, he obtained a $1+ million judgment for a private taxi company in an anti-trust action against a municipal transit district, upheld by the Connecticut Supreme Court in 1995.[12]
• From 2008-13, he represented the Town of Fairfield and its pension plans in litigation that enabled the Town to successfully recover $15+ million it had invested in Madoff-related investment vehicles.[13]
• In 2009, he obtained a $1+ million recovery after trial for an Army reservist denied reinstatement as a financial advisor on return from active duty, upheld by the Second Circuit in 2011 in a precedent-establishing case under the Uniform Services Employment and Remployment Act.[14]
• In 1986, he obtained a $10+ million verdict for a wrongfully terminated Exxon executive in one of first cases to apply tort theories to employment cases.[15]
• In 1999, he obtained an $8+ million gender discrimination and retaliation verdict for Post-Newsweek-Channel 3 news anchorwoman.[16]
• In 2010, he obtained a verdict and award of $28 million for an injured smoker suffering from effects of smoking-related larynx cancer, the first verdict in a smoking case ever rendered in New England.[17]
• In 1978, he and his partner, Richard A. Silver, obtained a verdict of $3.6 million after a medical malpractice trial in Stamford, the first verdict of more than $1 million in Connecticut history.[18]

^[1]  State of Connecticut v. Philip Morris, Inc., et al, CV-96-0148414-5(X02) (Conn. Super. CLD at Waterbury).

^[2]  State Employees Bargaining Coalition, et al v. Rowland, 718 F.3d 126 (2d Cir. 2013), cert. denied, 134 S.Ct. 132 (2014).

^[3]  United States ex rel. Keeth v. United Technologies Corporation, Civ. No. H-89-323 (AHN) (D. Conn.).

^[4]  Town of New Hartford, et al v. Connecticut Resources Recovery Authority, 291 Conn. 433 (2009).

^[5]  In re Racial Disparity, TSR-CV-05-4000632 S (MIS) (Conn. Super. at Rockville), appeal pending, Connecticut Supreme Court, S.C. 19252.

^[6]  Proffitt v. State, 510 So.2d 896 (Fla. 1987); Proffitt v. Wainwright, 756 F.2d 1500 (11^th Cir. 1985);  Proffitt v. Wainwright, 685 F.2d 1227 (11^th Cir. 1982);  Brown v. Wainwright, 785 F.2d 1457 (11^th Cir. 1986).

^[7]  Tashjian v. Republican Party of Connecticut, 479 U.S. 208 (1986).

^[8]  Republican Party of Connecticut v. Democratic Party of Connecticut, 2014 WL 6844181 (Conn. Super. Oct. 30, 2014).

^[9]  United States v. Ernie Cobb, (E.D.N.Y. 1983).

^[10] Anglim v. Xerox Corporation, B-83-2511 (EBB) (D. Conn.).

^[11]  See Spencer, et al v. Hartford Financial Services Group, et al, 256 F.R.D. 284 (D. Conn. 2009).

^[12]  Westport Taxi Service, Inc. v. Westport Transit District, 235 Conn. 1 (1995).

^[13]  Retirement Programs of the Town of Fairfield v. Madoff, et al, FST CV 09 5023735 S (Conn. Super. CLD at Stamford).

^[14]  Serricchio v. Wachovia Securities, LLC, 658 F.3d 169 (2d Cir. 2011).

^[15]  Dowie v. Exxon Corporation, Civ. No. B-83-468 (TFGD) (D. Conn).

^[16]  Peckinpaugh v. Post-Newsweek Stations Connecticut, Inc., 3:96 CV 2475 (AVC) (D. Conn).

^[17]  Izzarelli v. R.J. Reynolds Tobacco Company, 806 F. Supp.2d 516 (D. Conn. 2011), question certified to Connecticut Supreme Court, 731 F.3d 164 (2d Cir. 2014), appeal sub judice, S.C. 19232.

^[18]  Pisel v. Stamford Hospital, 180 Conn. 314 (1980).

Successfully Taking on Industry Giants

He has represented The New York Times and Times Mirror Corporation in First Amendment litigation, the Chief State’s Attorney for the State of Connecticut in a civil rights action and one of Connecticut’s U.S. senators in a case arguing the constitutional rights of the mentally retarded.

In 1986, he successfully argued a voting rights case in the United States Supreme Court establishing the right of a political party to determine who may vote in a party primary. He was also involved in an amicus role in Connecticut’s landmark school desegregation decision.

In the employment sphere, Mr. Golub has successfully represented plaintiffs in numerous discrimination, ERISA, and other employment-related actions in state and federal courts. Most recently, he obtained a multimillion-dollar recovery for a former executive at Ultramar Corporation, twice obtaining reversal in the United States Court of Appeals for the Second Circuit of adverse rulings in the district court.

• In 1986, Mr. Golub prosecuted a fraud and breach of contract action against Exxon Corporation in Bridgeport federal court, resulting in a $10 million verdict in favor of a former Exxon employee, then one of the highest employment law verdicts for an individual in the country.
• In 1987, he was lead counsel in a class action against Xerox Corporation for violation of ERISA pension laws, resulting in what is believed to be the largest class action case in Connecticut history, involving a settlement affecting approximately 40,000 present and former Xerox employees.
• In 1989, Mr. Golub obtained a $4 million judgment for a former employee of IBM as a result of a private security firm’s wrongful invasion of his privacy.
• In 1992, he successfully concluded a nearly ten-year battle to obtain severance benefits for 178 former employees of Olin Corporation, obtaining a $4 million settlement.
• In 1999, Mr. Golub obtained a verdict of over $8 million for a female news anchor terminated from her position by a Connecticut television station.
• In 1984, Mr. Golub represented Ernie Cobb, a former basketball star at Boston College accused of point shaving. Cobb was acquitted after a jury trial in federal court in Brooklyn. Mr. Golub also has been involved in representing two inmates on death row in Florida, successfully helping to obtain a reversal of the death sentence in both cases.