Justia Legal Services & Lawyers Directory

Attorney Dale James Morgado brings diverse experience to the firm by combining large and boutique law firm experience, with an M.B.A. and J.D., effectively counseling clients in a business, defense, and plaintiff capacity. He began his legal career clerking for Phipps P.C. more than a decade ago; only to soon join one of Bostonâs 50 largest law firms, Deutsch, William, Brooks, Derensis & Holland. After attending law school in Connecticut, he began practicing as an attorney at the Hartford office of the nationally recognized ERISA plaintiffs firm Moukawsher & Walsh. After moving from New England to Florida, Attorney Morgado practiced with the 140-lawyer defense firm Gunster, Yoakley & Stewart in the firmâs Chambers recognized ERISA and Employee Benefit practice group. Attorney Morgado has focused his practice on ERISA and employment law throughout his entire legal career, both from a transactional and litigation standpoint and has worked on both sides of the bench, making him one of a few practioners to gain an understanding of these practice areas from the defendant, plaintiff, and business perspective. He leads the firm when it comes to ERISA and certain employment law matters.

Bar & Court Admissions

The Florida Bar
The Connecticut Bar
The United States Tax Court
Middle District of Florida
District of Connecticut
Southern District of New York

Published Works

Author of “Economic Consequences to Companies, States, and Municipalities Sponsoring Pension Plans from the Recent Market Losses and Potential ERISA Fiduciary Liability to Investment Advisers that Follow.” April 2009 Employee Benefit Plan Review


Author of “The Death Tax – How Will Obama’s Tax Plan Affect Your Estate Plan.” Published in December 2008 LeMieux Report

Co-Author of “Blessings Point to Cash Balance Prosperity for Interested Advisers.” Published in the September 2008 Employee Benefit Adviser


Author of “Sell it But Don’t Overstate it Unless You Want to Get Sued: When Does ERISA Liability Attach.” Published in the July 2008 Employee Benefit Adviser

Co-Author of “The Pension Protection Act Brings Sweeping Changes.” Published in the 2007 Connecticut Bar Association Employment Quarterly Vol. 13 Issue 2


Co-Author of “A Federal Agency Says You Are Disabled…And A District Court Agrees, The Relevance of Social Security Disability Findings in ERISA Disability Insurance Benefit Litigation.” Published in the 2007 Connecticut Bar Association Employment Quarterly Vol. 13 Issue 3


Contributor to American Bar Associations Subcommittee on Benefit Claims and Individual Rights for 2007 Mid-Winter Report of Claims Procedures and Remedies for Procedural Violations

Past or Present Professional Associations and Memberships

American Bar Association
American Society of Pension Professionals and Actuaries
The Greater Fort Lauderdale Tax Council
Connecticut Bar Association
Connecticut Trial Lawyers Association
Broward County Bar Association
Florida Bar Association
Hartford County Bar Association

Representative Matters

Richards v. Fleetboston Financial Corp et. al. , 3:04-cv-01638, (cash balance class action litigation regarding whipsaw, fiduciary duties, 204(h) disclosure, and age discrimination)

Pugliese v. United Tech Corp. , 3:06-cv-01013, (golden handshake litigation regarding breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))

Sparveri v. Town of Rocky Hill , 3:05 -cv-00376, (42 U.S.C. 1983 action regarding breach of municipal pension plan terms)

Goldberg v. United Illuminating Company , 3:06 -cv-01358, (defined benefit plan claim under ERISA 502(a)(1)(B) to enforce pension plan terms)

Hospital for Special Care v. Donna Abram, et. al. , Doc. No. CV-07-5006097 (defense of contract collection on behalf of fiduciary)

Regan v. City of Torrington , Doc. No. CV-07-5005888-S, (breach of contract claim regarding medical and disability pension benefits)

Sublette et. al. v. FedEx, Doc. No. 04-3013 Ma/P, (golden handshake litigation involving breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))

Kajda v. SNET , Doc. No. CV-07-5010107-S (severance litigation concerning fiduciary duties, misrepresentation and violation of employee fringe benefits under C.G.S. Sec. 31-76k)

Thompson, et al. v. Linvatec Corporation, et. al ., Doc. No. 06-cv-404 (class action ERISA claim for severance benefits involving breach of fiduciary duty under 502(a)(3), violation of ERISA summary plan description requirements under ERISA Sec. 102, and benefit claims under 502(a)(1)(B))

Arivella et. al. v. Lucent , C.A. No. 08-10398 , (claim for benefits under ERISA 502(a)(1)(B), common law fraud, and breach of fiduciary duty under 502(a)(3))

Lavoie v. SBC , Doc. No. 3:04-cv-1116, (litigation regarding serious consideration test, breach of fiduciary duty, and misrepresentation of severance plan benefits)

Morse v. Shape , Case No. 09-014965 (fraud, unjust enrichment, contract and civil theft action)

In Re United States Sugar Corporation Litigation CV- 08-80101 (ERISA class action against U.S. Sugar, company executives, board, fiduciaries and ESOP plan, alleging breach of fiduciary duties, breach of duty)