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Connecticut
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July 12, 2024
More Attys Leave Suit Over WWE Fan's Fla. Fireworks Injuries
A boutique law firm that describes itself on its website as a "one stop shop" for the fireworks industry has stopped representing World Wrestling Entertainment Inc. in a fan suit alleging injuries from a fireworks display at a WWE event, saying the attorney-client relationship "has deteriorated."
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July 12, 2024
2nd Circ. Rejects Electronics Co.'s COVID $100M Loss Appeal
A manufacturer of electronics components cannot continue to seek coverage for the over $100 million in losses it said it suffered because of the COVID-19 pandemic, the Second Circuit ruled Friday, agreeing with a Connecticut federal court that any attempt by the manufacturer to amend its claims would be futile.
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July 12, 2024
Altice Says Conn. AG's 'Enhancement Fee' Suit Needs Details
Altice USA is asking for a more specific complaint in the state of Connecticut's illegal-fee lawsuit against the cable company, telling a state judge that the initial nine-page complaint is too vague to understand or respond to.
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July 12, 2024
Conn. Landlord Loses COVID-Era Lease Fight With Eatery
A Connecticut landlord did not tender an "unequivocal ultimatum" booting an eatery from a parcel of property, an appellate panel ruled Friday, finding that since the landlord vacillated between kicking the tenant off its Wallingford land and accepting payments, a 2020 eviction notice had no effect.
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July 12, 2024
Conn.'s Child Advocate Departs For Top Role At Nonprofit
The attorney who led Connecticut's Office of the Child Advocate for more than a decade is stepping down this fall to return to a legal nonprofit as its executive director.
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July 11, 2024
2nd Circ. Backs Disbarred Atty's Prison Term For Fraud Plea
A disbarred California attorney can't reverse a Manhattan federal court's 5½-year prison sentence and $5.5 million restitution order that followed his guilty plea to wire fraud for a real estate and venture fraud scheme, the Second Circuit ruled Thursday.
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July 11, 2024
NFL Arbitration Clause Is Still No Good, Flores Tells 2nd Circ.
Former Miami Dolphins head coach Brian Flores implored the Second Circuit to keep his racial discrimination suit against the NFL out of arbitration Thursday, telling the court that the closed-door process is "highly oppressive" and tramples over federal law.
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July 11, 2024
Security Manager Gave $85M Biz Book To Rival Co., Suit Says
A former Connecticut regional manager spent days downloading "extensive" data before leaving a security firm for a direct competitor, then gave his new employer millions of dollars' worth of stolen secrets to snipe clients and bolster his chances for earning a lucrative bonus, according to a new suit filed in federal court.
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July 11, 2024
$435M Yale Hospital Merger Case Set For December Jury Trial
A lawsuit claiming that Yale New Haven Health Corp. is trying to back out of a $435 million deal to buy three Connecticut hospitals will go to a bench trial in December after a state court judge approved the parties' proposed schedule.
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July 11, 2024
Frontier Communications Fined $2.5M Over Quality Standards
Connecticut's utility regulator has ordered Frontier Communications to pay nearly $2.5 million in penalties after finding that the company repeatedly violated mandates for maintenance, repair of service problems and filing reports with the state dating back to 2015.
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July 11, 2024
2nd Circ. Says Unreported Violence Doesn't Doom Asylum Bid
The Second Circuit on Thursday said the Board of Immigration Appeals must reconsider an asylum bid from a Honduran woman claiming family abuse and rape by a criminal, finding that evidence of the difficulties women face in reporting violence and the government's ineffective response to such reports was ignored.
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July 11, 2024
Conn. Justices Say Law Firm's Ex Parte Sanctions Were Error
The law firm Brignole Bush & Lewis LLC cannot be sanctioned for engaging in ex parte talks with an expert witness previously disclosed by Liberty Mutual Insurance Co., the opposing party in a car accident case, the Connecticut Supreme Court ruled Thursday.
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July 11, 2024
Fiat Chrysler Says Exploding Minivan MDL Still Lacks Detail
A Stellantis unit has asked a federal judge in Michigan to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, arguing that many drivers' state claims are stale or are otherwise legally flawed.
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July 11, 2024
Communications Co. Says Death Suit Skirted Probate Court
Frontier Communications of America Inc. told a Connecticut state court that it must dismiss a wrongful death case brought against it after an elderly woman fell in her basement and could not call 911 because her phone lines were down, arguing her estate skipped a vital step before filing suit.
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July 10, 2024
Feds Say Guo Ran 'Fraud Empire' As Racketeering Trial Wraps
Manhattan federal prosecutors urged a jury on Wednesday to convict Chinese dissident Miles Guo for operating his political movement as a vast racketeering conspiracy that "brainwashed" supporters into spending more than $1 billion on scam investments.
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July 10, 2024
Snapchat Cites Federal Immunity In Conn. Sex Assault Case
Leaning heavily on Section 230 of the Communications Decency Act, Snap Inc. said Wednesday in Connecticut state court that a retooled complaint accusing it of being a co-creator or co-publisher of Bitmojis that made sexual predators look younger and less dangerous to children must fail because individual users remain in control of content published online.
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July 10, 2024
Ga. Eatery, Conn. Brewery End TM Fight Over Similar Names
An Atlanta restaurant owner and the New Britain, Connecticut, brewery it accused of using effectively the same name and signage despite the Georgia businessman's trademark rights have agreed to drop their dispute in Connecticut federal court, according to a new stipulation filed by both parties.
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July 10, 2024
Former Conn. Top Public Defender Claims Bias Led To Ouster
The former chief public defender in Connecticut has filed a second action challenging her June 4 ouster for misconduct, lodging an administrative appeal in state court that claims racial bias.
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July 10, 2024
2nd Circ. Won't Rethink Arbitration Denial In ERISA Suit
The Second Circuit declined to reconsider its May ruling that a group of financial services companies can't compel individual arbitration of a proposed class action accusing them of overcharging an employee stock ownership plan, rejecting one company's argument that the panel unfairly displayed "hostility to arbitration."
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July 10, 2024
Conn. Justices Told Banking Agency's Probe Overstepped
The Connecticut Department of Banking's investigation into Commonwealth Law Group and Commonwealth Servicing Group LLC's debt negotiation practices violated the constitutional separation of powers, because only the state's judicial branch has regulatory authority over legal services provided to clients by their attorneys, the firms told the state Supreme Court.
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July 09, 2024
No Proof Consumers Vexed By 'Spring' Water, Court Told
Nestle Waters North America Inc. on Tuesday urged a Connecticut federal judge to dismiss a lawsuit alleging that Poland Spring water does not emanate from an actual spring, arguing that references to spring water on product labels mean different things to different consumers and that no confusion has been proved.
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July 09, 2024
Indicted Ex-Conn. Official Drops Greece Vacation Plan
Ex-Connecticut budget official Konstantinos "Kosta" Diamantis on Tuesday dropped his request for a federal judge's permission to travel to Greece while he is under indictment, withdrawing his motion one day after prosecutors objected.
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July 09, 2024
Purdue Plans 'High-Speed' Bid For New Ch. 11 Plan
Purdue Pharma told a New York bankruptcy judge Tuesday that it plans a two-month "high-speed, high-stakes" attempt to replace the Chapter 11 plan shot down by the U.S. Supreme Court last month before unleashing litigation on its former owning family.
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July 09, 2024
2nd Circ. Urged To Toss Cannabis Dormant Commerce Suit
New York cannabis regulators have urged the Second Circuit to disregard a California lawyer's efforts to upend the state's licensing program, arguing that the dormant commerce clause doesn't apply to marijuana, a substance that Congress has not permitted to be traded between states.
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July 09, 2024
Baby Bottle Makers Sued Over Claims Products Are 'BPA Free'
Philips North America and baby product maker Mayborn USA sell baby bottles that contain "considerable amounts of harmful microplastics" despite being advertised as free of the potentially harmful plastic chemical BPA, according to a pair of suits filed in Massachusetts and Connecticut federal courts.
Expert Analysis
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Justices Clarify FAA But Leave Behind Important Questions
The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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2nd Circ. Eminent Domain Ruling Empowers Municipalities
The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.