Barry, Taylor & Levesque Argues Before the Connecticut Supreme Court in Fatal Fire Case
Attorneys Michael Taylor and Brendon Levesque from Barry, Taylor & Levesque, LLC recently appeared before the Connecticut Supreme Court, representing the estates of 29 individuals tragically killed in a 2017 fire at a call center in Davao City, Philippines. Attorney Michael S. Taylor argued on behalf of the estate administrator, challenging a lower court’s decision to dismiss the wrongful death action in favor of litigation in the Philippines.
The case, DeCicco v. Dynata LLC, raises significant questions about the doctrine of forum non conveniens—the principle that allows a court to decline jurisdiction if another forum is deemed more appropriate—and the degree to which Connecticut courts must assess the adequacy of a foreign judicial system before dismissing a case.
During oral argument, Justice Gregory D’Auria questioned whether trial judges should engage in what he called a “credibility contest” between experts offering competing opinions about foreign law. Attorney Taylor emphasized that trial courts are limited to the submissions presented by the parties and must ensure that the defendants meet their burden to prove that the alternative forum is both adequate and available.
At the heart of the appeal is whether the trial court made a “meaningful assessment” of the Philippine legal system’s suitability, particularly concerning the statute of limitations for wrongful death claims. The plaintiffs argued that the case could be time-barred in the Philippines, effectively denying the victims’ families their day in court.
Attorney Taylor, joined by Attorney Brendon Levesque and co-counsel from the Nolan Law Group, maintained that the lower court’s decision failed to satisfy the requirements established in Picketts v. International Playtex, Inc. (1990), which governs how Connecticut courts must evaluate foreign forums before dismissing cases under forum non conveniens.
The Connecticut Supreme Court’s ruling in this case is expected to clarify how courts should weigh conflicting expert opinions on foreign law and determine whether a foreign jurisdiction truly provides an adequate forum for justice.
Barry, Taylor & Levesque is proud to continue advocating for fairness, accountability, and access to justice for victims and their families in complex, cross-border litigation.
At Barry, Taylor & Levesque, LLC, our only goal is to protect your best interests. We are accomplished trial attorneys whose focus is handling criminal defense and personal injury claims in Hartford, Manchester, and throughout Connecticut.