Erika L. Amarante

Partner

Erika L. Amarante
Partner
office New Haven
phone 203-498-4493
fax203-782-2889
emaileamarante@wiggin.com
view LinkedIn profile


Biography

Erika Amarante is a Partner in the firm's Litigation Department. She represents hospitals, physicians, and other health care providers in cases alleging professional negligence, lack of informed consent, or negligent credentialing. She has extensive experience in defending claims of wrongful death, birth trauma, delayed diagnosis of cancer, and brain injuries, as well as the catastrophic injuries that often arise in such claims. Erika also has served in a claims management position, setting reserves and valuing cases. She regularly counsels health care providers on issues of liability and risk-reduction strategies. Erika has tried cases to verdict and recently secured a defense judgment after a bench trial in a case alleging lack of informed consent, and a directed verdict in a jury trial in a medical negligence case.

In addition to health care litigation, Erika's practice includes litigation, arbitration, and counseling on a wide variety of complex commercial and civil litigation issues. A seasoned franchise litigator, Erika has arbitrated and litigated dozens of franchise cases and has been chosen by her peers for listing in The Best Lawyers in America in the Franchise category. Erika has extensive experience in litigating environmental disputes in state and federal courts. She also regularly counsels the firm's clients on the requirements of federal and state antitrust law.

Erika serves on the Board of Directors of the Connecticut Defense Lawyers Association and on the Executive Committee of the Connecticut Bar Association's Litigation Section. She was Editor-in-Chief at the Connecticut Bar Journal from 2010 to 2013 and is a James W. Cooper Fellow of the Connecticut Bar Foundation.

Erika received her J.D. cum laude from New York University School of Law, where she was Editor-in-Chief at the Environmental Law Journal. After law school, Erika served as law clerk to Justice Richard N. Palmer and Justice Francis M. McDonald on the Connecticut Supreme Court and later served as Executive Assistant to Chief Justice Francis M. McDonald on the Connecticut Supreme Court. Erika received a B.A. with distinction from Cornell University in 1995.

Memberships

  • American Bar Association
    • Litigation Section
    • Section on Antitrust Law
  • Connecticut Bar Association
    • Litigation Section
    • Antitrust & Trade Regulation Section
  • Connecticut Bar Journal
    • Editor-in-Chief (2010-2013)
    • Technical Editor (2007-2010)
    • Editor-at-Large
  • Connecticut Bar Foundation
    • James W. Cooper Fellow
  • American Bar Foundation
    • Fellow
  • Connecticut Defense Lawyers Association
    • Board of Directors (2014)
  • Defense Research Institute
    • Medical Liability and Health Care Law Committee
    • Sponsorship Chair, Complex Medicine Seminar (November 12-14, 2014)

Advisories

01.23.2018The Connecticut Supreme Court Recognizes a New Cause of Action for the Breach of a Health Care Provider's Duty of Confidentiality
06.27.2017Unretained Health Care Providers May Not Be Compelled to Render Opinion Testimony
04.27.2017Connecticut Appellate Court Upholds the Preclusion of Plaintiff's Nursing Standard of Care Expert
06.15.2016 Connecticut Supreme Court Permits Tort Liability for the Acts of an Apparent (Not Actual) Agent
02.23.2016New FDA Draft Guidance on Medical Devices Would Notify Public of Risk Before Analysis or Confirmation
07.23.2015Appellate Court Restricts Vicarious Liability of Hospitals
06.04.2015Competition News, June 2015
03.06.2015Wiggin and Dana's Medical Malpractice Update
02.03.2015FTC Announces New Premerger-Notification and Interlocking-Directorate Thresholds
10.07.2014FTC Publishes Revised Guides for Advertising Allowances and Other Merchandising Payments
11.02.2012The FTC's Revised Green Guides
07.16.2012Connecticut Appellate Court Holds that Franchisor Is Not Vicariously Liable for Torts of Its Franchisee
01.14.2011Antitrust and Consumer Protection Newsletter

Published Works

02.01.2016Corporate Liability for HospitalsFor the Defense, February 2016 Issue
12.28.2015Apparent Agency for Torts: A Viable Claim in CT?Connecticut Defense Lawyers Association
11.16.2015Double Trouble: The Dilemma of Duplicative DamagesConnecticut Law Tribune
07.24.2015Unilateral Price Policies in the Contact Lens Industry: Can Manufacturers Be Forced to Sell to Every Retailer?Bloomberg BNA Antitrust & Trade Regulation Report
11.14.2013Medical Malpractice Law: Apparent Agency Not A Viable Ground in Tort CasesConnecticut Law Tribune
10.01.2013A Roadmap to Minimum Advertised Price PoliciesThe Franchise Lawyer, Vol. 16, No. 4, Fall 2013
11.14.2011Bifurcation Can Reduce Costs In Malpractice TrialsConnecticut Law Tribune, Vol. 37, No. 46
12.30.2010So You Still Think You're Safe Under the Antitrust Laws? Another Word of Advice To Those Who Would Ignore The StatesAntitrust Report, Issue 4, 2010
12.01.2010Chapter 10: RetailingABA Section of Antitrust Law, Market Definition in Antitrust: Theory and Case Studies (forthcoming 2010)
12.01.2010Chapter 8: Antitrust Claims Arising Out of Franchise or Dealership TerminationABA Section of Antitrust Law, Franchise and Dealership Termination Handbook (2nd ed, forthcoming 2010)
03.01.2010The Top Nine of 2009Connecticut Lawyer
09.30.2009New Pleading Standards in Federal Court: Will They Impact Franchise Cases?Franchise Law Journal, Fall 2009, Vol. 29, No. 2
06.30.2009Chapter 8: ConnecticutABA Section of Antitrust Law, Antitrust Practice and Statutes (4th ed. 2009)
06.30.2009Chapter 20: Commonwealth of KentuckyABA Section of Antitrust Law, State antitrust Practice and Statutes (4th ed. 2009)
06.12.2009Amicus Curiae Brief of the International Franchise Association in Support of Petitioners in regard to The Coffee Beanery Ltd., et al. v. WW, LLC; Richard Welshans; and Deborah Williams (08-1396)
11.09.2007Key Differences Between Appeals in the Second Circuit and Connecticut's Appellate Courts
07.18.2007DAI v. Downey: Associational Standing and ArbitrationFranchise Law Journal, Volume 27, Number 1, Summer 2007 by the American Bar Association
06.30.2007Chapter 10: Private Antitrust SuitsABA Section of Antitrust Law, Antitrust Law Developments (6th ed. 2007)
07.01.2006Independent Ink: Supreme Court Abandons Market Power Presumption of PatentsReprinted with permission from the July 2006 edition of the Law Journal Newsletters - Franchising Business & Law Alert. © 2006 ALM Properties, Inc.
06.30.2004Developments in the Second Circuit: 2002-200336 Conn. L. Rev. 1187
01.21.2004Key Differences Between Civil Appeals In The Second Circuit And Connecticut's Appellate CourtsConnecticut Bar Journal, September 2002
08.15.2003Antitrust and Franchising: Conspiracies Between Franchisors and Franchisees Under Section 1Reprinted with permission from the Franchise Law Journal (American Bar Association), Volume 23, Number 1, Summer 2003
11.06.2002So You Think You're Safe Under the Antitrust Laws? A Word of Advice to Those Who Would Ignore the StatesMatthew Bender Antitrust Report, Fall 2002

News

08.15.2018Best Lawyers in America Recognizes 29 Lawyers from Wiggin and Dana
05.04.2018Chambers USA 2018 Recognizes Wiggin and Dana Practices and Lawyers
11.20.2017Super Lawyers Recognize 37 Wiggin and Dana Attorneys
10.24.2017Benchmark Litigation 2018 Ranks Eight Wiggin and Dana Partners "Litigation Stars" and Five Partners as "Future Stars"
08.15.2017Best Lawyers in America Recognizes 30 Lawyers from Wiggin and Dana
06.05.2017Chambers USA 2017 Recognizes Wiggin and Dana Practices and Lawyers
10.28.2016Super Lawyers Recognizes 40 Wiggin and Dana Attorneys
08.15.2016Best Lawyers in America Recognizes 30 Lawyers from Wiggin and Dana
05.31.2016Chambers USA 2016 Recognizes Wiggin and Dana Practices and Lawyers
02.12.2016Benchmark Litigation Names Wiggin and Dana's Litigation Department as The 2016 Connecticut Litigation Department of the Year
10.27.2015Benchmark Litigation 2016 Highly Recommends Wiggin and Dana
10.20.2015Super Lawyers Recognizes 38 Wiggin and Dana Attorneys
10.13.2015Five Wiggin and Dana partners named Best Lawyers 2016
08.17.2015Best Lawyers in America Recognizes 31 Lawyers from Wiggin and Dana
10.29.2014Super Lawyers Recognizes Wiggin and Dana Lawyers
10.21.2014Benchmark Litigation 2015 Highly Recommends Wiggin and Dana
08.25.2014Erika Amarante Elected to Connecticut Defense Lawyers Association's Board of Directors
08.19.2014Best Lawyers in America Recognizes 33 Lawyers from Wiggin and Dana
04.11.2014Litigation Partner Elected to the Connecticut Bar Foundation James W. Cooper Fellows Program
01.20.2014Benchmark Litigation Recognizes Wiggin and Dana Partners
10.03.2013Benchmark Litigation Recognizes Wiggin and Dana Partners
08.15.2013Best Lawyers in America Recognizes 35 Lawyers from Wiggin and Dana
11.27.2012Wiggin and Dana Recognized by Benchmark Litigation 2012
05.28.2012Wiggin and Dana Attorney Quoted in the Connecticut Law Tribune
10.06.2011Wiggin and Dana Partner Appointed Chair of the CBA's Antitrust and Trade Regulation Section
05.27.2008VIP of Berlin, LLC v. Town of Berlin
03.08.2007Wiggin and Dana Promotes Three Attorneys to Partner and Two to Counsel
09.26.2005Connecticut Appellate Court Issues Landmark Reversal Citing Lack Of Evidence In Probation Revocation Case
10.06.2004Wiggin and Dana's Appellate Practice Group announces the publication of its seventh annual 'Second Circuit Review.'
06.17.2004Wiggin and Dana Receives Award for Pro Bono Service to Lawyers for Children America
03.04.2004Attorneys in Wiggin and Dana's Antitrust Practice Group Co-Author the Connecticut Chapter of the Third Edition of the ABA's State Antitrust Practice and Statutes Treatise
04.13.2002Langer Helps Persuade CT Supreme Court to Adopt Indirect Purchaser Rule in Landmark Antitrust and CUTPA Case
03.01.2001Wiggin & Dana’s Appellate Practice Group was recently retained to prepare a high-profile amicus curiae brief in the United States Supreme Court on behalf of the Anti-Defamation League (“ADL”), headquartered in New York City

office New Haven
phone 203-498-4493
fax203-782-2889
emaileamarante@wiggin.com
view LinkedIn profile

PRACTICE GROUPS

EDUCATION

  • New York University School of Law, J.D., 1998, cum laude
  • Cornell University, B.A., 1995, with distinction

BAR ADMISSIONS

  • Connecticut
  • New York

COURT ADMISSIONS

  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Second Circuit
  • US District Court (District of Connecticut)
  • US Supreme Court


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