McCarter & English’s $3.77M Fee Win Sparks Heated Appeal Battle

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Jarrow Fights Back: New Trial Rejected, Appeal Moves to Second Circuit

Jarrow Formulas, however, is not backing down. The company sought a new trial, arguing that jurors were improperly instructed to assess whether its conduct was “willful and malicious”—a legal standard that Jarrow claims the Connecticut Supreme Court later concluded does not exist.

Despite this argument, Judge Shea denied Jarrow’s request for a new trial on March 10, setting the stage for the company’s appeal to the Second Circuit.

Who’s Who in the Legal Battle

Representing McCarter & English:

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  • James A. Budinetz, David W. Case, and Karen L. Dowd

  • Louis R. Pepe, Michael A. Lanza, and James G. Green of McElroy Deutsch Mulvaney & Carpenter LLP

Defending Jarrow Formulas:

  • Proloy K. Das of FordHarrison LLP

  • Robert L. Sirianni Jr. of Brownstone PA

What’s Next? The Fight Continues in the Appellate Court

With Jarrow Formulas now taking the case to the Second Circuit, the legal showdown is far from over. The outcome could not only determine whether McCarter & English ultimately collects its multimillion-dollar judgment but also set a precedent for legal fee disputes and contract litigation in Connecticut courts.

One thing is clear—this legal battle is only getting started.