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Connecticut
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September 26, 2024
Conn. Lawyer Wants Early Win In $450K Malpractice Suit
A Connecticut attorney's former client has effectively admitted that she is the one responsible for delays in responding to discovery requests in a fraudulent transfer suit that ultimately cost her $450,000, the attorney said in seeking summary judgment in a malpractice suit that she brought against him in state court.
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September 26, 2024
Conn. PFAS Water Pollution Suit Returned To State Court
A Connecticut federal judge has sent back to state court a proposed class action accusing the Connecticut Water Co. of knowingly selling water contaminated with dangerous levels of PFAS and failing to take steps to remove the pollutants, saying the water supply system's arguments are "fatally flawed."
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September 26, 2024
Conn. Atty's Suit Against Willkie Partner Tossed
A Connecticut state court has dismissed a solo practitioner's lawsuit that alleged a partner at Willkie and his wife abused the court process by suing him over his contribution to an unflattering New York Post story about the couple.
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September 26, 2024
Conn. Jury Finds Oil Trader Guilty In Petrobras Bribery Scheme
A Connecticut federal jury convicted a former oil trader on charges that he sent millions in bribes through an intermediary to officials at Brazilian state oil giant Petroleo Brasileiro, capping a three-week trial on Thursday.
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September 25, 2024
Feds Say 'Wall Of Evidence' Supports Petrobras Bribery Case
A Connecticut oil trader violated the Foreign Corrupt Practices Act by sending millions in bribes to officials at Brazilian state oil giant Petrobras through a shady intermediary, federal prosecutors told a jury during closing arguments Wednesday, arguing that a "wall of evidence" points to the defendant's intent.
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September 25, 2024
NFL's Race Bias Arbitrator Is Not Impartial, Ex-Coach Argues
The attorneys for former NFL head coach Brian Flores have warned the Second Circuit, which is hearing the league's appeal of a lower court decision keeping part of his proposed racial discrimination class action in federal court, that the NFL's choice of an arbitrator for the rest of his dispute is "an attempt to falsely create an appearance of impartiality."
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September 25, 2024
Shipman & Goodwin Atty Needed As Witness, DQ Bid Claims
A Connecticut company wants a Shipman & Goodwin LLP partner disqualified from representing a rival in a bond dispute surrounding a garbage sorting facility permit, saying the attorney was personally involved in some of the conduct in question.
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September 25, 2024
Imprisoned Ex-CEO's Attys Want Out Of Lawsuits With Co.
Citing an irretrievable breakdown in the attorney-client relationship, lawyers with the Connecticut firm Spears Manning & Martini LLC have moved for permission to stop representing an imprisoned former tech CEO in legal battles with the company he ripped off.
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September 25, 2024
2nd Circ. Eyes New Trial In Yale Retirement Fee Fight
The Second Circuit appeared inclined Wednesday to revive a class action against Yale University from employees alleging their $5.5 billion retirement plan was mismanaged, as all three judges on the panel pointed out possible issues with jury instructions before a post-trial verdict in Yale's favor in 2023.
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September 24, 2024
Fired United Rentals Worker Denies Competing In New Job
United Rentals Inc. cannot show that it suffered irreparable harm when an ex-employee started working for a new company after he was fired, and even if it could, his noncompete agreement is unenforceable, the worker said in a filing in Connecticut state court that seeks to stave off a preliminary injunction.
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September 24, 2024
Conn. Officials Want Nursing School Students' Claims Nixed
Pointing to the state's interests in regulating professions and the principle of sovereign immunity, Connecticut officials accused of "overreach" for withholding licenses from students at a shuttered nursing school say a federal judge must dismiss proposed class claims by affected students.
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September 24, 2024
Conn. Water Park Loses Bid To Erase $9M Foot Injury Award
A Connecticut judge has thrown out twin requests to overturn a $9 million jury award favoring a man who injured his foot at an outdoor water park, holding in part that the park's attorneys never presented an earlier motion for a directed verdict and could not subsequently challenge the win.
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September 24, 2024
Revlon Talc Claimants Can Appeal Directly To 2nd Circ.
A New York bankruptcy judge has found the Second Circuit can review his decision to reject 42 asbestos-tainted talc exposure claims against Revlon as having come too late because the claimants' appeal presents questions new and significant enough to justify skipping the district court.
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September 24, 2024
RTX Denies Securities Fraud In Engine Crack Class Action
RTX Corp. faced significant challenges and spent billions of dollars after a subsidiary's jet engines developed "microcracks," but it did not commit securities fraud by lying or withholding relevant information from investors, the aerospace giant said in seeking dismissal of a class action from Connecticut federal court.
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September 24, 2024
Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.
A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.
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September 24, 2024
2nd Circ. Partly Revives Suit Over $18.5B Telehealth Deal
The Second Circuit on Tuesday partially revived a suit against telehealth company Teladoc Health Inc. brought by investors who claim they were misled about the status of its integration with Livongo following their $18.5 billion merger.
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September 23, 2024
States, Enviros Urge USPS Vehicle Plan Challenge To Proceed
States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.
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September 23, 2024
Bio Lab Settles Conn. False-Claims Allegations For $1.73M
Enzo Biochem Inc. and subsidiary Enzo Clinical Labs Inc. will pay nearly $1.73 million to settle accusations that the companies' former Farmingdale, New York, laboratory billed higher rates to the state of Connecticut's Medicaid coffers than it billed to other payers, the state attorney general announced Monday.
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September 23, 2024
Frontier Must Face 401(k) Suit Over Verizon Investments
Frontier Communications Corp. can't dodge a proposed class action alleging its employee 401(k) plan was overinvested in Verizon Wireless and other telecommunications stocks, a Connecticut federal judge ruled, saying the existence of other investment options in the plan couldn't defeat the case.
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September 23, 2024
Profs, Retired Judges Ask Justices To Uphold Return Of Taxes
Two former bankruptcy judges and a group of law professors threw their support behind the bankruptcy trustee of a Utah transportation company seeking to convince the U.S. Supreme Court that the IRS, like any other creditor, should have to return payments deemed fraudulent under state law.
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September 23, 2024
Conn. Judge Rips 'Odd Lawyering' In Referral Fee Feud
A Connecticut Superior Court judge on Monday slammed what he called "odd lawyering" at the summary judgment stage of an attorney fee feud in an underlying personal injury case, asking why affidavits failed to clarify the facts in dispute as the case heads toward trial.
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September 23, 2024
Ex-Conn. Police Chief Demands Atty Fees After Winning Suit
The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.
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September 23, 2024
Autism Played Role In Bankman-Fried Case, 2nd Circ. Told
A group of experts on neurodiversity told the Second Circuit that Sam Bankman-Fried, who has said he has autism and attention deficit hyperactivity disorder, may have been hurt at trial by a "cognitive and communication style" that at times frustrated the trial judge.
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September 23, 2024
Aetna ER Payment Suit Remanded To Ohio State Court
An Ohio federal judge remanded a suit accusing multiple Aetna health insurance entities of underpaying healthcare workers for emergency services they provide to its insureds to state court, stating that to resolve the claims in his own court "would disrupt the state-federal balance of judicial responsibilities."
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September 23, 2024
Conn. Reaches $5M Deal To Resolve Vision Solar Case
Connecticut is asking a judge to sign off on a judgment that would impose a $5 million civil penalty against Vision Solar LLC to resolve the state's unfair trade practices complaint against the bankrupt company.
Expert Analysis
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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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.