Cullen Guilmartin is a Partner in the Hartford, Westchester and Providence offices of GRSM and handles a wide range of litigation matters. He represents corporate clients nationally and regionally, overseeing litigation involving multiple areas, including products liability, commercial litigation, professional liability, environmental, toxic tort, transportation, employment, and construction claims. In this regard, Cullen, along with other GRSM attorneys, has successfully litigated claims in over 20 different states and in a variety of venues, including state and federal court and AAA and JAMS arbitrations.

Products Liability and Toxic Tort:

Cullen has vast experience defending claims against manufacturers of complex commercial machinery, medical devices, consumer products and pharmaceuticals. He has handled complex personal injury and property suits involving alleged catastrophic injuries, including wrongful death and survivorship claims, and claims involving significant environmental contamination. Cullen handles all phases of litigation in cases pending throughout the country and has been effective at attacking claims through successful Daubert motion practice to first-chairing trial to defense verdict on behalf of his clients.

Class Action and Mass Tort Defense:

Cullen has overseen all aspects of defending clients in class action and putative class action lawsuits, including challenging class certification, coordination of large scale E-discovery productions, and negotiating class settlements. He has also overseen the defense of various product lines in the mass tort context on a nationwide and regional scale.

Product Recalls:

Cullen also advises and represents clients on a variety of product liability law issues with a particular emphasis in the areas of product recalls, government reporting and product safety. He has overseen nationwide product recalls, including primary handling of all governmental reporting.

Employment and Other Areas of Practice:

Although Cullen primarily practices in the areas of product liability law, toxic tort and mass-tort litigation, he has experience litigating complex business litigation matters, including premises liability matters, subrogation, consumer fraud actions, construction injury and defect matters, and professional liability and class action lawsuits. In addition, Cullen regularly represents employers in disputes in state and federal court, and before federal and state administrative agencies. He has defended a significant number of employers accused of wrongdoing including claims of discrimination, harassment, sexual misconduct, hostile work environment, infliction of emotional distress, and retaliation. In addition, Cullen has experience pursuing OSHA contests and handling investigations initiated by OSHA and licensing boards. 

Admissions

• State of Connecticut
• State of New York
• State of Rhode Island
• United States District Court for the District of Connecticut
• United States District Court for the District of Rhode Island

Memberships

• Connecticut Defense Lawyers' Association
• Connecticut Bar Association

Community Involvement

• Glastonbury Celtic Football Club

• Appiah v. Home Depot U.S.A., Inc., 3:20-cv-00489 (D.Conn.) (December 9, 2021) – Obtained order in favor of opposition to motion for class certification in matter involving allegedly defective tiles.
• Seale v. GeoQuest, Inc., HHD-CV16-6067991-S (Conn.Super.) (J. Dubay) (obtained complete defense verdict for his client in professional malpractice action related to removal of contaminated soil);
• Associated Elec. Gas Ins. Services v. Babcock & Wilcox Power Generation Group, Inc., Docket No. 3:11-cv-00715-JCH (D.Conn.) (obtained no pay dismissal of multi-million dollar turbine failure claim after submission of Daubert and dispositive motions).
• Turek, et al. v. United Technologies Corp., HHD-CV14-6053742-S (Conn.Super.) (awarded non-suit judgment for discovery violations in multi-plaintiff matter involving alleged hexavalent chromium exposure).
• Graden v Lee Dana Weiss, et al., Case SC124800 (Ca.Super.) (court sustained demurrer of multi-count complaint in hedge fund administration dispute involving multi-million dollar claims against client).
• Sarpu v. Altaquip, LLC, 57 Conn. L. Rptr. 324, 2013 WL 6989514 (Conn.Super. 2013) (granting third-party defendants’ motion to strike apportionment complaint asserting that the complaint improperly asserts a claim outside the scope of the Connecticut Product Liability Act, General Statutes § 52–572h (“CPLA”)).
• Bray v. Ingersoll-Rand Co., 2015 WL 728515 (D.Conn. 2015) (J. Underhill) (order granting motion for summary in maritime personal injury asbestos matter).
• Associated Elec. Gas Ins. Services v. Babcock & Wilcox Power Generation Group, Inc., Docket No. 3:11-cv-00715-JCH, Unreported, Ruling Re; Defendants’ Motion for Summary Judgment (D.Conn. Oct. 23, 2012) (J. Hall) (granting summary judgment as to plaintiffs’ claims for replacement power as being unrecoverable commercial loss, damages not recoverable under the CPLA between commercial parties).
• Turek, et al. v. United Technologies Corp., 2015 WL 5712961 (Conn.Super. 2015) (J. Sheriden) HHD-CV14-6053742-S (granting of motion to strike strict liability for ultra-hazardous activity and intentional infliction of emotional distress counts).
• Avitable v. 1 Burr Road Operating Co. II, LLC, 2010 WL 2926242 (Conn.Super. 2010) (striking all ten (10) counts of plaintiff’s wrongful discharge and negligent infliction of emotional distress complaint as being legally insufficient).
• Drucker v. A.W. Chesterton Co., 2009 WL 2231654 (Conn.Super. 2009) (granting defendant’s motion for summary judgment on argument that there was no evidence that plaintiff was exposed to asbestos from defendant’s products).
• Associated Elec. Gas Ins. Services v. Babcock & Wilcox Power Generation Group, Inc., 2013 WL 4456640 (D.Conn. 2013) (ordering sanctions against plaintiffs for discovery violations).
• Boulay v. A.O. Smith Corp., 2010 WL 654349 (Conn.Super. 2010) (obtaining summary judgment as to claim of intervening plaintiff in asbestos personal injury action).
• Auto Club Group Insurance Company v. Omega Flex, Inc., 1:16-cv-12227-TLL-PTM (E.D.Mich.) (order striking plaintiff’s expert reports, effectively ending case).
• Rivera, et al. v. Pedro Morales, 2015 WL 4172494 (Conn.Super. 2015) (J. Wiese) HHD-CV-14-6053951-S (awarded summary judgment in plaintiffs’ favor in Pro Bono matter; objection to cross-motion for summary judgment sustained in first Connecticut ruling creating a violent acts exception to the parental immunity doctrine).

Publications

• State’s Asbestos Docket Finally Shrinks to Manageable Level, Connecticut Law Tribune (2/29/2016)
• Conn. Courts Should Not Follow Comind, Law360 (7/13/2015)
• "Whodunit? Plaintiffs set up showdown between tobacco and asbestos defendants," GRSM Environmental & Toxic Tort Defense Insight (6/17/2015)
• Connecticut Should Explicitly Adopt the Standard Established by Celotex Corp. v. Catrett, Governing the Initial Burden on Parties Moving for Summary Judgment, John J. Robinson, Cullen Guilmartin and Erin O'Leary, Journal of the Connecticut Defense Lawyers Association (6/1/2014)

Presentations

• Emerging Issues in Products Liability Litigation, GRSM Legal Education Conference, New York and Hartford (May 2018)
• Talc: A Substantial Factor in the Asbestos Litigation?, American Asbestos Conference, Asbestos Claims & Litigation Seminar (2016)