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Week Of Monday June 22, 2009
Diocese Tries Again To Stop Document ReleaseFREE
In a bid to prevent public disclosure of more than 1,200 pages of sealed court filings from 23 priest sex abuse cases that were settled in 2001, the Bridgeport Roman Catholic Diocese is seeking new arguments before a full seven-member Supreme Court. On June 2, in a 4 to 1 decision, the high court adopted a broad definition of “judicial” court filings that the public is allowed to see because the documents form the basis of court rulings. In making the ruling, the majority ordered the release of nearly all of the priest sex abuse files.
Probable Cause Hearings Fall From Favor 
To some criminal defense lawyers, it’s a free opportunity to get a glimpse of the state’s evidence in a murder case. To others, the probable cause hearing is a potential minefield that can end up making the eventual trial even tougher to win. Defense attorneys have waived probable cause hearings in several recent high-profile Connecticut cases. That, according to members of the defense bar, is consistent with a trend that has evolved in recent years. Monroe defense attorney John T. Walkley described waiving the probable cause hearing as the defense bar’s current “default” position.
Public Defender Cleared Of ChargesFREE
Supervisory Public Defender Elisa Villa was cleared of all charges Wednesday morning stemming from her arrest after an unusual confrontation in a Bristol courthouse earlier this year.
A Do-It-Yourself Cruise Into RetirementFREE
Attorney John Milici and his wife, Jerie, took a major step toward their retirement plans three years ago when they sold their home in Southport. All three children were out on their own, so they bought a custom-made, 52-foot Diesel Duck trawler and moored it in Stamford where they have been living ever since. And now with John winding down his practice at Bove & Milici in Norwalk at the end of this month, the Milicis are prepared to take their houseboat on a really long tour of the world. “It’s been a boat that’s easy to live on and very comfortable,” said John Millici, noting the cabin and living areas feature heating and air conditioning.
Wife Signed Away Right To Discuss Divorce
Establishing a new point of Connecticut case law, the state Supreme Court concluded that private waivers of First Amendment free speech rights are “presumptively enforceable.” Decisions on the validity of such waivers should be made on a case-by-case basis, taking into account the background and abilities of the person waiving the rights, the Supreme Court ruled. The decision, written by Chief Justice Chase T. Rogers, came in a case involving a multi-millionaire skin doctor and his ex-wife, who wanted to talk about their divorce on a television news magazine show.
Detainee Wins Right To Push Legal ClaimFREE
New Haven civil rights lawyer Jonathan Freiman won a striking federal court victory this month against John Yoo, a former lawyer for the Bush Administration and author of the 2002 “torture memos.” Those controversial legal opinions justified terrorism suspect José Padilla being held without charges, paved the way for his allegedly harsh interrogation in a military brig and ultimately led Padilla to file a suit claiming Yoo had violated his constitutional rights.
Legal Tech
Judicial Web Site To List Foreclosure Sales
Looking to buy a house cheap? One might look at newspaper classified ads, visit a real estate agent or … check out the state Judicial Branch web site. In a move that could slightly ease the pain of homeowners going through foreclosure, but add to the financial woes of already struggling newspapers, the state is moving forward with plans to place free foreclosure notices on the Judicial Branch web site. In a move that could slightly ease the pain of homeowners going through foreclosure, but add to the financial woes of already struggling newspapers, the state is moving forward with plans to place free foreclosure notices on the Judicial Branch web site.
Q&A
Risk Management Takes Center StageFREE
f not for a tragedy in 1989, Patricia A. McCoy likely would be partner at a high-powered law firm. She was on that track at Mayer Brown in Washington, D.C., where she created a fulfilling practice representing major accounting firms in professional liability lawsuits stemming from the savings and loan crisis. But before she earned the promotion, an 11th Circuit Court of Appeals judge for whom she clerked, Robert Smith Vance, was murdered by a mail bomb sent by a vengeful litigant. “It took Judge Vance’s death for me to grasp how precious and short life is,” McCoy said. After months of reflection, she realized teaching law and engaging in policy analysis were her true callings. She joined the faculty at Cleveland-Marshall College of Law at Cleveland State University.
Shock Jock May Have Stepped Over Line FREE
He’s been described as a white supremacist and a shock jock. But those extremist views have only helped New Jersey’s Harold “Hal” Turner develop a cult following for weekly radio webcasts – and an accompanying blog – that often include vitriolic criticism of political figures. But is Turner a criminal? Connecticut State Capitol Police say yes, his lawyers say no and First Amendment experts are watching a case that seems to test the limits of free speech. In early June, Turner urged listeners and readers of his blog to “take up arms” against state Rep. Michael Lawlor and Sen. Andrew McDonald, the co-chairs of the Connecticut legislature’s Judiciary Committee.
Elite List Under ScrutinyFREE
To most Connecticut foreclosure attorneys, it’s known as “the list.”
Inclusion is supposed to guarantee not only prestige in the legal community but, more importantly, a massive flow of foreclosure cases at a time when there’s money to be made in volume work.
Mortgage giant Fannie Mae maintains the primary list, called the retained attorney network, and it includes about 140 select law firms in 31 states. Many of those chosen firms also comprise the Freddie Mac designated counsel list of about 50 members.
So what’s the big deal?
Fannie Mae and Freddie Mac are government-sponsored entities and the largest buyers of home loans in the nation, holding about $5 trillion worth of mortgages. And based on their rules, any lender whose loan is linked to Fannie Mae or Freddie Mac must refer all of foreclosure and post-foreclosure cases to a law firm on the list.
Verdicts & Settlements
Rear-Ended Nurse Collects $1.4M Verdict
Donna Yeager v. Maria Alvarez, et al: A licensed practical nurse won a $1.4 million jury award after a car accident in a case that was complicated by workers’ compensation law and a judge’s unusual striking of an offer of compromise. Nurse Donna Yeager was injured in a rear-end collision while she was working for Patient Care Inc. She sued the driver of the other vehicle, Maria Alvarez, who carried a $300,000 liability insurance policy. The policy wasn’t offered in settlement immediately because Yeager’s injuries were not immediately apparent. She previously had lower back injuries, and the accident complicated those problems. Yeager also sustained new injuries to the part of her spine within her neck.
Probable Cause Hearings Fall From FavorFREE
To some criminal defense lawyers, it’s a free opportunity to get a glimpse of the state’s evidence in a murder case. To others, the probable cause hearing is a potential minefield that can end up making the eventual trial even tougher to win. However, defense lawyers say it’s not a defeatist attitude – or laziness – that leads them to waive the hearings. Instead, it’s a strategic move as they head into the remainder of the discovery process and the eventual trial. And, to be sure, there’s no unanimity on probable cause hearings.
My Father, The First-Year Associate
Greg Bachand (left) had been selling life insurance for 35 years. He was burned out and tired of the grind. He picked up the phone to call his daughter last June, and stumbled into a different business opportunity. Tanya Bachand was in a pickle. She had just taken over a busy personal injury practice after her former boss resigned from the bar after stealing clients’ funds, and she had no idea how to run the business. Greg, who passed the bar exam in 1974 but never practiced law, had the business acumen to help his daughter, and he was ready for a career change.
A Rare Win For ImmigrantsFREE
It was exactly two years ago that Immigration and Customs Enforcement Agents rounded up 31 undocumented immigrants in the New Haven area. There was speculation that the highly publicized raid was retaliation for a New Haven program that made ID cards available to illegal immigrants so they could open bank accounts and access other services. ICE officials denied the retaliation allegations and said the raids were lawfully conducted.
Enjoying The Trappings Of The OutdoorsFREE
Lawyers are known for setting traps for their opponents in the courtroom. Thomas Albin takes that notion a few steps further in his spare time. For the past five years, Albin has been operating a part-time, one-man nuisance animal control business called Critter Ridder. People near Albin’s eastern Connecticut home in Pawcatuck call him at all hours when they find their homes invaded by all types of animals—bats, squirrels, woodchucks, skunks and raccoons.
Lawyer Looks To Make Killing With Farmers
There’s demand for locally raised meat, and there are Connecticut farmers who can provide it. The problem is getting the meat to the consumer with so few processing plants in the region. So if the farmers can’t get to the slaughterhouse, bring the slaughterhouse to them. That’s what a New York nonprofit is planning to do with the help of lawyer/cattle farmer Doug Dubitsky of Pullman & Comley in Hartford. The Glynwood Center of Cold Spring, N.Y., got serious last year about creating a mobile processing unit – a slaughterhouse on wheels – that would be certified by the U.S. Department of Agriculture. That’s when the group retained Dubitsky, an agribusiness attorney.
Nothing Pretty About Interior Designers’ Feud
It seems like the unlikeliest of controversies – just who exactly is entitled to call herself or himself an interior designer. But the very question has created a flurry of legal activity across the country. A trial was set to begin this month in a federal lawsuit by three Connecticut decorators who are challenging a state law that requires anyone describing themselves as interior designers to pass an exam and meet other qualifications. After the state agreed not to enforce the law, pending review by the legislature, U.S. District Court Judge Mark Kravitz put the matter on hold.
Legal Tech
Another Hijacking On Information Highway?
Neil Ferstand was looking forward to surfing the new and improved web site for the Connecticut Trial Lawyers Association, of which he’s the executive director. He typed the full name in Google and up popped a map with the CTLA’s home address, 100 Wells Street in Hartford. But the link nestled at the bottom of the address had a distinctly foreign look: CTBAR.org – the site of the CTLA’s friendly rival, the Connecticut Bar Association.
Q&A
Attorneys Push Bankruptcy Act ChallengesFREE
At a time when bankruptcy threatens a growing number of Americans, the laws that govern the process may undergo changes after the U.S. Supreme Court hears arguments during its next term. The high court granted review last week of a case involving a Minnesota law firm’s challenge of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). That act was passed in 2005 and has been the cause of much court activity throughout the country, including Connecticut.
Courtroom Attire Comes Under Fire FREE
Illinois Chief District Court Judge Michael McCuskey caused quite a stir last month when he acknowledged at a 7th Circuit judge’s panel discussion that he was distracted by some of the women attorneys appearing before him in court. More and more often, women come into court wearing “skirts so short that there’s no way they can sit down and blouses so short there’s no way the judges wouldn’t look,” said McCuskey, who serves the Central District of Illinois.
Verdicts & Settlements
Gas Station Fall No Jackpot For Casino Visitor FREE
Janet Dilisio v. ExxonMobil Corp.: On an excursion from her home in Nashua, N.H., to the Mohegan Sun casino in 2007, Janet Dilisio stopped at the Plainfield ExxonMobil service station on southbound I-395. She bought a candy bar, and on the way back to her car, parked on the periphery of the lot, tripped on a 23-inch by eight-inch hole in the pavement that was about five inches deep. She claimed she damaged the tendons in her ankles so badly she couldn’t do her job as a nurse’s aide for five months.
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