Mr. Bagnell, founder in 2009 of his previous firm Lucas Bagnell Varga, LLC, has more than thirty years’ experience representing individual and corporate clients in the areas of employment law, civil rights, contract disputes, executive compensation, trademark law, firearms defects, and related civil litigation and appeals. Attorney Bagnell was named a Life Member to the Multi-Million Dollar and Million Dollar Advocates Forum recognizing his record of multi-million dollar awards for his clients. He has been named one of the Top 50 lawyers practicing in Connecticut by Superlawyers Magazine, has been similarly recognized as one of the top 50 Litigation Stars in Connecticut by Benchmark Litigation, and has been described as an “experienced and able trial attorney” by a federal judge in a published opinion.

“Mr. Bagnell is widely recognized at the forefront of litigators successfully representing victims of the defective P320. It was ideal to partner with him in this case given our firm's extensive experience and results in litigating complex product liability cases regionally and nationally.”

— Bob Zimmerman, Esq., Saltz Mongeluzzi & Bendesky, P.C., https://www.prnewswire.com/news-releases/10-million-lawsuit-filed-against-maker-of-allegedly-defective-semi-automatic-handgun-by-federal-agent-shot-without-ever-touching-the-trigger-301230934.html

"A very skilled and knowledgeable attorney."

- Ralph Losey, Esq.,  https://e-discoveryteam.com/2011/08/31/case-where-it-tech’s-fast-talk-had-zero-persuasive-value-with-judge/

REPRESENTATIVE CASES

SIG SAUER, INC.

Product Liability

Among other matters, Jeff is currently representing law enforcement officers and civilians nationwide whose weapons fired un-commanded, shooting them and, in one case, severing the officer's femur in half.  His work on the cases has resulted in the manufacturer issuing two "voluntary upgrade" notices, to install numerous attempted safety fixes to prevent it from firing without the trigger being pulled.

In June 2019, he successfully concluded a jury trial in the United States District Court for the Eastern District of Virginia on behalf of one of his law enforcement clients, Marcie D. Vadnais, whose striker-fired weapon fired without a trigger pull into her leg in February 2018. This occurred six months after he requested that SIG Sauer recall the weapon in August 2017.

I have worked so hard to get where I am and to be who I am so that my kids are proud of me and look up to me, and this company destroyed that from me. I have — all I have tried to do is be a mom, have a career, be successful, and their carelessness took that away from me. 

And they don't care. They don't care. How many times is this going to happen? 

Vadnais v. SIG Sauer, Inc., Trial Testimony, Day 1, (EDVA 2019).

To date, no mandatory recall has been issued, despite many law enforcement officers and civilians across the country having been shot. It continues to fire on officers and civilians without a trigger pull to this day. Jeff emphasizes that these are not anti-gun cases and do not seek to undermine the rights recognized in the Second Amendment; rather, they are product liability and gun safety cases resulting from a defective product.

https://geomatrixproductions.com/out-gunning-a-gunmaker/

http://www.news12.com/story/36095322/officer-injured-by-dropped-holstered-gun-sues-gunmaker

https://sofrep.com/98976/dod-evaluation-says-armys-new-sig-sauer-p320-service-pistol-riddled-issues/

http://www.guns.com/2017/08/09/sig-sauer-hit-with-personal-injury-lawsuit-over-p320/

https://www.law.com/ctlawtribune/almID/1202794921501/Cop-Shot-by-Dropped-Holstered-Pistol-Sues-Gunmaker-Sig-Sauer/?mcode=0&curindex=0&slreturn=20180414124118

 https://www.albanyherald.com/news/local/proposed-dso-sidearm-change-sparks-fear/article_f6b77986-f7fc-51be-8b98-f112d45beea7.html

==========================================================================================

TERI TUCKER V. NEW HAVEN REGISTER/AIG ET AL.

Insurance Coverage/Wrongful Discharge

In July 2016, he concluded a 12-year insurance coverage and wrongful discharge lawsuit against AIG and its insured, the New Haven Register, having successfully opposed AIG’s summary judgment motion.  

“We were pleased with the outcome finally made possible by other Judges.  An insurance company can’t take millions in premiums on a policy, make no coverage determination on a claim for four years, and then suddenly deny it three weeks after an adverse verdict.”

In the underlying case, Tucker v. New Haven Register (D. Conn. 2004) (Squatrito/Underhill), Mr. Bagnell won a $4.2 million unanimous jury verdict in 2008 against the New Haven Register, on all counts, for wrongful termination. His client, the sole support of four children, was fired for refusing to lie under oath in a sexual harassment case.

Wiggin & Dana LLP represented the Register at trial. One of the firm’s alumni, Lori Dorais, was the career clerk in the verdict coverage case. “Unethical conflicts of interest like this must be disclosed to the parties so time isn’t wasted in a biased forum for eight years.”

https://www.ctemploymentlawblog.com/2008/07/articles/jury-awards-4m-to-employee-in-retaliation-case/

STEINER V. LEWMAR, INC.

Intellectual Property

The same year, he obtained judgment on behalf of a maritime inventor on all seven counts of an intellectual property, unfair trade practices, and trademark infringement case against Lewmar, Inc., one of the world's largest manufacturers of marine equipment and accessories.  His client had invented a revolutionary one-handed sailing winch handle, which won international awards for its ingenuity and quality.  It was almost immediately copied by a corporate partner and other competitors.   https://www.sailingworld.com/gear/composite-onetouch-winch-handle

BERNSTEIN V. MAFCOTE, INC.

Cancer Discrimination

In this action, plaintiff William Bernstein alleged that his former employer terminated his employment after he was diagnosed with lung cancer in violation of federal and state laws forbidding (1) disability discrimination and (2) retaliation for opposing such unlawful practices. Attorney Bagnell alleged violation of the American’s with Disabilities Act (“ADA”) (Counts I and II) and the Connecticut Fair Employment Practices Act (“CFEPA”) (Counts III and IV). In September 2015, he summarily defeated the corporation’s motion for summary judgment on all four counts, and obtained a substantial settlement on his client’s behalf.

Jeff has obtained precedent-setting decisions in many other areas of practice including wrongful discharge, the Family and Medical Leave Act, spoliation of electronic evidence, and E-discovery.  Among other many successful results for clients, with attorney Scott Lucas he obtained a $17.4 million arbitration award in December 2012 on behalf of five former executives of a public life sciences Life Technologies, who were denied certain change in control benefits following a merger in November 2008.

WINGER ET AL. V. LIFE TECHNOLOGIES

Executive Compensation

In December 2012, a three-member panel of the American Arbitration Association awarded former executives of Applied Biosystems, Inc., f/k/a Perkin Elmer Corporation, $17.4 million in unpaid change in control benefits from Life Technologies Corporation, one of the world's largest biotechnology companies. (NASDAQ:   LIFE).  The case was presented to a former federal judge, former state judge and a senior member of the Connecticut Bar over a period of two years.  According to the claim of the executives, the incentive compensation became due from Life Technologies Corporation when it assumed the obligations of the executives' employment agreements after acquiring Applied Biosystems, Inc. in November 2008.  Life Technologies argued the executives were misreading their agreements and were not entitled to continued stock-based benefit awards.   

In finding for the executives, the arbitration Panel held the agreements were breached as "the Company made no effort to provide [the claimed benefits], and the Claimants are entitled to them."  "Consultants from Citrin Cooperman were instrumental in helping us present our clients' complex damages claim to the Panel," added Jeff Bagnell, who handled the damages aspect of the case at trial. 

https://www.prnewswire.com/news-releases/lucas-bagnell-varga-llc-secures-174-million-award-for-former-applied-biosystems-executives-182432471.html

SMITH V. XYZ INC. 

In June 2009, he obtained a $1 million settlement of an age discrimination claim on behalf of a terminated cosmetics executive.

DOE V. NORWALK COMMUNITY COLLEGE

He was lead counsel for the plaintiff in Doe v. Norwalk Community College, 248 F.R.D. 372 (D. Conn. 2007), a case in which he was among the first attorneys in New England to obtain sanctions for spoliation of electronic evidence.  He has achieved other substantial verdicts and settlements in his practice areas.  His practice is entirely devoted to civil litigation and appeals.  

While he is known for representing individuals, his representative corporate clients have included Norwalk Marine Contractors, Inc.; Delta Level Defense; Dax Labs LLC; RuggerWear LLC; and Velocity Express, Inc.   

He is also proud to represent the Founder of the Adventures in Travel Expo, James Cohen, whose original concept to combine adventure with vacations has been an enormous world-wide success.

He has argued cases in the U.S. Court of Appeals for the Second Circuit, U.S. District and Bankruptcy Courts in New York and Connecticut, the Eastern District of Virginia, as well as the Connecticut Appellate and Supreme Court.  

Mr. Bagnell is a member of the Bar of the United States Supreme Court, the United States Court of Appeals for the Second Circuit, and the United States District Court for the Southern and Eastern Districts of New York and Connecticut.  He served as an attorney with Garrison, Levin-Epstein, Chimes & Richardson, P.C. in New Haven, Connecticut, a pre-eminent firm that specializes in civil litigation and white-collar criminal defense, where he worked closely with the firm’s founding partner, Joseph D. Garrison on a variety of cases and successful trials, including $1.6 million and $500,000 verdicts against companies for violation of the FMLA in 2003 and 2005.

He has served as a member of the executive committee of the Connecticut Bar Association’s Labor and Employment Section, and is a Sustaining Member of the National Employment Lawyers Association and the American Bar Association’s Section on Litigation. 

Mr. Bagnell is a committed cyclist.  He is currently ranked 11th out of 2,503 cyclists for the all time fastest time in Westport's Compo Sprint time trial, averaging almost 29 miles per hour.   He is an avid sailor.  

He is the published author of One Question Too Many:  The Trial of Captain Charles B. McVay III,  a study of the 1945 court-martial of the captain of the USS Indianapolis His work on this 2014 article, which included locating a copy of the 1945 trial transcript, led him to be consulted by Yutaka Takeuchi, the actor who portrays the Japanese submarine commander in the film “USS Indianapolis:  Men of Courage” starring Nicholas Cage.  The film bases its trial scene on Mr. Bagnell’s 2014 work.

http://lawmagazine.bc.edu

ADMISSIONS:

• United States Supreme Court, 2002

• United States Court of Appeals, Second Circuit, 2000

• United States District Court, District of Connecticut, 1998

• United States District Court, Southern District of New York, 1998

• United States District Court, Eastern District of New York, 1998

• State Bar of Connecticut, 1993

• State Bar of Massachusetts, 1992

• United States District Court, Eastern District of Virginia, Pro Hac Vice, 2018

• United States District Court, Western District of Kentucky, Pro Hac Vice, 2019

• United States District Court, District of New Hampshire, Pro Hac Vice, 2020

• United States District Court, Eastern District of Pennsylvania, Pro Hac Vice, 2021

• United States District Court, District of Massachusetts, Pro Hac Vice 2021

EDUCATION:

• Boston College Law School, J.D., Newton, MA

• College of the Holy Cross, B.A., Honors Program, Worcester, MA

• Institute of European Studies, Madrid

SCHOLARLY LECTURES AND WRITINGS:

• “Lessons in the Art of Questioning from the Titanic Disaster Hearings”, (author)

• “One Question Too Many: The Trial of Captain Charles B. McVay III”, (author)

• “Legal briefs on Statute of Frauds and other topics”, The Leveler (Spring and Summer 2001) (author)

• “Litigating Cases Under the Family and Medical Leave Act”, Practicing Law Institute, 30th Annual Labor and Employment Law Symposium, New York, New York (October 2000 and 2001) (co-author)

• “The Stray Remarks Doctrine After Reeves”, CBA Labor & Employment Law Quarterly, Vol. 6, No. 3 (Fall 2000). Reprinted by Connecticut Bar Association (March 2002) and National Employment Lawyers Association (NELA), New England Regional Conference (April 2003) (author)

• “Magic Words Not Needed: Second Circuit’s Pleading Standard Too Strict in Swierkiewicz”, Connecticut Law Tribune, Labor and Employment Issue (May 2003) (author)

• “Model Employment Law Jury Instructions, Second Edition”, American Bar Association (2006) (contributing editor)

• “Employment Litigation Handbook, Second Edition”, American Bar Association (2007) (contributing editor)

ACTIVITIES AND AFFILIATIONS:

• Stamford Police Association

• NELA

• Executive Committee of the Connecticut Bar Association's Labor and Employment Section,

• Sustaining Member of the National Employment Lawyers Association

• Sustaining Member of the American Bar Association's Section on Litigation

SPEAKING ENGAGEMENTS:

• The E-Smoking Gun: Digital Forensics, E-Discovery, Spoliation of Electronically Stored Information”, Connecticut Bar Association seminar (2008)

• “The Use of Mock Trials and Jury Consultants”, Annual meeting of the National Employment Lawyers Association in Atlanta, Georgia (2008)

• “Discovery Issues Relating to Electronically-stored Information (ESI)”, 2008 New England Regional Conference of the National Employment Lawyers Association (NELA) in Boston, Massachusetts (2008)

• “Connecticut FMLA Update 2006”, Council on Education in Management in Trumbull, Connecticut (2006)

• “Navigating a Case at the Department of Labor: Where are the Shoals?”, 130th Annual Connecticut Bar Association Annual Meeting, New Haven, Connecticut (2005)

• “Annual Employment Law Summary”, 130th Annual Connecticut Bar Association Annual Meeting, New Haven, Connecticut (2005)

• “Expert Witnesses”, National Employment Lawyers Association (NELA), New England Regional Conference, Boston, Massachusetts (2003)

• “About Current Issues Regarding FMLA”, National Business Institute seminar on Family and Medical Leave Act in Hartford, CT (2002)

• “Employment Law”, Connecticut Bar Association Annual Symposium on Employment Law in New Britain, Connecticut (2002)

admitted in Connecticut and Massachusetts

Mr. Bagnell, founder in 2009 of his previous firm Lucas Bagnell Varga, LLC, has more than thirty years’ experience representing individual and corporate clients in the areas of employment law, civil rights, contract disputes, executive compensation, trademark law, firearms defects, and related civil litigation and appeals. Attorney Bagnell was just named a Life Member to the Multi-Million Dollar and Million Dollar Advocates Forum recognizing his record of multi-million dollar awards for his clients. He has been named one of the Top 50 lawyers practicing in Connecticut by Superlawyers Magazine, has been similarly recognized as one of the top 50 Litigation Stars in Connecticut by Benchmark Litigation, and has been described as an “experienced and able trial attorney” by a senior federal judge in a published opinion.