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Connecticut
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April 02, 2024
Conn. Firm Defends Infant Death Probe In Sanctions Feud
A Connecticut firm is defending its investigation leading up to a product liability lawsuit against two companies it claims produced and sold an infant lounger linked to a number of baby deaths, asking a Connecticut federal court to quash motions for Rule 11 sanctions accusing it of pursuing frivolous claims.
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April 02, 2024
McCarter & English's Client Contract Win Heads To Mediation
The law firm McCarter & English LLP will hold settlement talks in June with an ex-client who has already lost a jury trial over $2 million in unpaid legal bills and potentially faces $3.6 million in punitive damages after an anticipated decision by Connecticut's highest court, a federal magistrate judge ruled Tuesday.
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April 01, 2024
Warner Bros. Directors Resign Amid DOJ Antitrust Concerns
A pair of Warner Bros. Discovery directors have resigned from the board of directors after the U.S. Department of Justice flagged potential antitrust concerns over them sitting on both the Warner Bros. board as well as the board of Charter Communications, the agency announced Monday.
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April 01, 2024
Loophole Ties Conn. Firm To Home Sale Row, Judge Told
A narrow exception to Connecticut's unfair trade practices law means an estate lawyer can be sued over how his firm handled money after the seller of a Vermont home suddenly died and his significant other was left in the lurch, an attorney for the girlfriend told a Connecticut judge on Monday.
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April 01, 2024
Shell Ordered To Hand Over Docs In Conn. Climate Dispute
Shell Oil Co. must hand over several documents by the end of April in litigation concerning the company's alleged failure to take into account climate change risks at a fuel storage facility in New Haven, Connecticut, a federal magistrate judge has ruled in an attempt to end the parties' long-running discovery dispute.
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April 01, 2024
Conn. Condo Owners OK To Litigate Foundation Repair Claims
The estates of two deceased homeowners can pursue contract claims against a condominium board in consolidated litigation targeting issues with the units' foundations, the Connecticut Supreme Court ruled Monday, finding the contract-based allegations in the complaints were timely filed.
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April 01, 2024
AIG Unit Can't Toss Conn. Utility's $3M Defense Cost Bid
An AIG unit can't escape the Connecticut Municipal Electric Energy Cooperative's third-party suit seeking to recoup $3 million in legal expenses, a Connecticut federal court ruled, saying the cooperative has standing to pursue coverage on behalf of its former CEO who was convicted of stealing public funds.
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April 01, 2024
One Set Of Amazon Buyers Can't Cancel Later Antitrust Case
Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.
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April 01, 2024
Cigna Can't Escape Patients' ERISA Fight Over Claim Rates
A Connecticut federal judge agreed to trim a federal benefits lawsuit against Cigna alleging the company underpaid claims from providers who indirectly contracted with the insurer, finding allegations from participants in employer-sponsored health plans could proceed to discovery but that several medical associations lacked standing to sue.
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April 01, 2024
Inside The Global Ch. 11 Hunt For Ho Wan Kwok's Money
Chasing the assets of controversial businessman Ho Wan Kwok across dozens of jurisdictions worldwide isn't an impossible mission for the seasoned Chapter 11 trustee pursuing hundreds of clawback claims, but experts predict a formidable task awaits the Paul Hastings LLP partner thanks to a potentially hostile reception in foreign courts.
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April 01, 2024
Aramark Accuses Aetna Of 'Gamesmanship' In Benefits Fight
Aramark said Aetna sued it over an arbitration pact in Connecticut as a tactical response to Aramark's Texas suit claiming the insurer cost it millions by approving shoddy health benefit claims, and urged a federal judge to ship Aetna's suit to Texas as well.
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April 01, 2024
Canadian Trucking Co. Seeks US Bankruptcy Recognition
Canadian truck dealers the Pride Group on Monday asked a Delaware judge for U.S. recognition of the Canadian insolvency proceedings it began in the face of a more than $90 million claim from Mitsubishi over an alleged loan default.
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March 29, 2024
HJ Sims Honoring Books And Records Settlement, Court Told
The daughter of a seven-decade employee of Herbert J. Sims & Co. Inc. has withdrawn a books and records suit against the investment bank and its owner, The Teksys Corp., telling a Connecticut state court that she is now satisfied that the defendants have abided by the terms of a November settlement.
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March 29, 2024
2nd Circ. Backs Insurer In Sanitizer Ad Injury Coverage Suit
An insurer doesn't owe coverage to a company accused of falsely advertising that its sanitizing products were effective in disinfecting surfaces, the Second Circuit ruled Friday, affirming a lower court's decision that the underlying class action can't be "reasonably construed" to substantially allege a claim of disparagement.
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March 29, 2024
Conn. Surgeon Left Blade In Patient For 5 Years, Suit Says
A surgeon with Connecticut Orthopaedics lost a scalpel blade during an operation in 2018 and tried to cover his tracks when X-rays revealed it had been sewn into the patient's shoulder, a federal lawsuit alleges.
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March 29, 2024
Epiq Says Chubb Owes Costs In Clergy Abuse Data Leak Case
Epiq Corporate Restructuring LLC has sued Chubb-affiliated insurers in Connecticut federal court seeking to be reimbursed for $2.5 million in settlement costs and roughly $1.8 million for its defense of litigation over Epiq's disclosure of sex abuse survivors' names in a Chapter 11 case.
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March 29, 2024
2nd Circ. Revives Conn. Atty's Suit Over Gun Ban In Parks
The Second Circuit has revived the lawsuit of a Connecticut attorney challenging the state's ban on firearms in state parks, finding that the state did not meet its burden to show it didn't intend to enforce the law.
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March 28, 2024
Red Roof Inns Must Face Ohio Sex Trafficking Suits
Red Roof Inns Inc. can't escape nine lawsuits over its purported role in sex trafficking, an Ohio federal judge ruled Thursday, saying the anonymous victims met pleading standards to allege the hotel chain knowingly made money through their victimization.
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March 28, 2024
Foxwoods Tribal Owner Loses $76M COVID Insurance Appeal
The Mashantucket Pequot Tribal Nation, which owns and operates the Foxwoods Resort Casino in Connecticut, did not meet a key burden when suing its insurer for more than $76 million in losses tied to the COVID-19 pandemic, the state's intermediate-level appeals court ruled Thursday in declining to revive the litigation.
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March 28, 2024
Texas Airbnb Host Says Suit Over Fatal Blast In Wrong Venue
The Texas owner of an Airbnb rental unit in Jamaica where a gas stove exploded, causing fatal injuries to a Connecticut woman, says she cannot be sued where the victim lived, arguing that she never targeted the online listing for the property to anyone in Connecticut and that the federal court there lacks jurisdiction over her as a resident of Texas.
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March 28, 2024
9th Circ. Won't Let Cigna Patients Appeal Class Cert. Denial
The Ninth Circuit won't let a group of Cigna plan participants immediately appeal a trial court's rejection of class status in their lawsuit accusing the insurance giant of unlawfully colluding with its billing contractor to underpay out-of-network claims for mental health treatments.
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March 28, 2024
Legal Acumen Helped Lieberman In Senate, Colleagues Say
While Joe Lieberman was best known for his political career, where he ran for vice president, supported the Iraq war and cast the deciding vote approving the Affordable Care Act, those who knew him as a practicing attorney recalled his integrity, kindness and respect for the legal process.
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March 28, 2024
McCarter & English Wins Extra $1.8M In Client Billing Suit
A Connecticut federal judge has found that McCarter & English LLP is entitled to another $1.8 million on top of the $1.85 million it has already been granted as a prejudgment remedy in a contract dispute, saying the former client on the hook for the award must also disclose assets under oath that could support the total $3.65 million award.
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March 28, 2024
Judge Nixes Aviation Atty's Defamation Suit Against Blogger
A Connecticut federal judge has permanently dismissed a defamation suit brought by an aviation attorney against a Connecticut-based blogger and journalist, stating the claims are barred by the state's statutes of limitations and cannot be saved by equitable tolling arguments based on federal law.
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March 27, 2024
Judge Agrees To Training For 'Overly Harsh' Workplace
The Judicial Council for the Second Circuit has declined to review the dismissal of a law clerk's complaint against a federal judge, who acknowledged the clerk's claims of their "overly harsh" management style and agreed to participate in workplace conduct counseling and training.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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2nd Circ. Defamation Ruling May Chill NY Title IX Reports
The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Title IX Grievance Rules Raise Due Process Questions
The U.S. Department of Education’s proposed Title IX regulations for campus disciplinary proceedings would ease the administrative burden on institutions, but raise fairness and due process questions that will likely lead to follow-on litigation, say Markus Funk and Christopher Wilkinson at Perkins Coie.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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How Legal Teams Can Prep For Life Sciences' Tech Revolution
The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.