Brendan  T. Fitzpatrick

Brendan T. Fitzpatrick



Practice Groups

Brendan T. Fitzpatrick concentrates his practice in all aspects of appellate litigation. In his years of experience, he has briefed and argued appeals in every appellate court in New York, including the New York State Court of Appeals and the Second Circuit Court of Appeals. These appeals have covered a diverse range of issues, including constitutional law, contracts, insurance coverage, products liability, and negligence.

As a member of the Amicus Curiae Committee for the Defense Association of New York (DANY), he contributed to the preparation of amicus briefs to the New York State Court of Appeals on significant cases that impact the defense bar throughout the state.

Brendan has published articles with the New York Law Journal, through Aspatore Publishing, and USLAW Magazine on topics such as insurance coverage, the value of having an appellate attorney involved throughout the litigation process, the impact of e-discovery amendments on the Federal Rules of Evidence, and trade dress.

For his work with DANY, the organization honored him with its Literary Award “in recognition of his outstanding work on the Amicus Curiae Committee” in 2009 and 2014. Brendan has also been selected for inclusion in New York Super Lawyers.

  • New York Metro Super Lawyers 2010–11, 2013–18
  • Defense Association of New York (DANY) Literary Award: 2009, 2014
Professional Affiliations
  • New York State Bar Association
  • Defense Research Institute: Appellate and Ethics Committees
  • Defense Association of New York: Amicus Curiae Committee
  • American Academy of Appellate Lawyers
  • Nassau County Bar Association
Admitted to Practice
  • New York
  • U.S. District Courts for the Eastern and Southern Districts of New York
  • U.S. Courts of Appeals for the Second and Tenth Circuits
  • U.S. Supreme Court
  • University of Notre Dame School of Law, J.D., 1995
  • University of Notre Dame, B.A., 1992
  • Author,  "First in, Last out: The Benefits of Appellate Counsel," New York Law Journal, April 10, 2017
  • Presenter, "Labor Law Claims, Coverage and Litigation," New York State Bar Association CLE, New York, NY, December 16, 2016
  • Co-Author, “Jury Instructions,” Preparing for and Trying the Civil Lawsuit, 2d Ed., 2016 Rev., New York State Bar Association
  • Co-Author, “Fraudulent Misjoinder: Combating Artful Pleadings Designed to Destroy Diversity Jurisdiction,” DRI For the Defense, May 2015
  • Featured in “And The Defense Wins,” Defense Research Institute, May 28, 2014