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Employment: Free Speech Not Limited By Time, Place Or Protocol FREE
Employment law practitioners in Connecticut should take interest in a recent decision handed down by the 2nd Circuit Court of Appeals. The case, Nagle v. Marron, was decided Dec. 12, 2011, and involved a non-tenured teacher’s First Amendment retaliation claim against the school district and its officials.
Training Now A Must For All Children’s Lawyers FREE
Historically, the roles of court-appointed guardians ad litem and lawyers for minor children have been blurred. But in the past year, both their duties and qualifications have snapped into sharper focus. As of Jan. 1, training is now mandatory before court appointment to either position. Under new Practice Book rules, both guardians ad litem (GALs) and attorneys for the minor child (AMCs) need to have passed a 30-hour, six-session training course.
Employment: Changing Gender — The New Sex Discrimination FREE
Sex discrimination used to mean one thing: treating a man differently because he’s a man or a woman differently because she’s a woman. But our nation is in the midst of a civil rights revolution around sexual orientation and gender identity.
Baby Name Dispute Grows Old In Court FREE
What’s in a name? Ask lawyers Tamara Shockley and Edward Okeke. Their dispute over the name of their son has spanned a dozen years and has consumed the attention of judges in four different levels of Connecticut courts, including the state Supreme Court. The dispute started when the boy was born in Stamford Hospital on May 25, 2000, to the couple, who are licensed to practice law in New York and at the time worked for the United Nations. In an acknowledgement of paternity signed by both parties before a notary, the child was named Nnamdi Ikwunne Okeke.
Pratt Names New GC FREE
Joe Santos has been named vice president and general counsel at Pratt & Whitney. He will be based in East Hartford. As head of the Legal Services Department, he will have overall responsibility for the company’s legal matters, as well as contracts, corporate ethics, government compliance, and government security.
Split Court Rules On Evidence Withholding Issue FREE
A state Supreme Court ruling released last week may make it harder for people to get new trials when they discover that opposing lawyers withheld key evidence from them, labor and human rights lawyers said.
Employment: NLRB Important To Non-Union Employers Like Never Before FREE
Earlier articles in this newspaper have drawn attention to the phenomenon of the National Labor Relations Board’s efforts to broaden its reach into the non-organized workplace and the significance of its successes in that effort to the great bulk of Americans engaged in private sector, non-unionized employment. The trend continues.
Lawyer Gets Down To Business FREE
Thirty years ago, when Craig L. Sylvester was finishing law school, new lawyers were advised to combine practice-building with community involvement. That he has done.
Challenging Issues In Estate, Gift Tax Valuations FREE
The valuation of a business or business interest for estate and gift tax purposes presents certain challenges due to unique facts and circumstances specific to each engagement, requiring consideration of and an understanding of recent topics, court opinions, and legislative changes. Over the years, there have been some lively debates within the business valuation community over a number of hot topics, three of which are: 1) tax-affecting earnings of pass-through entities; 2) calculating deductions for built-in capital gains taxes; and 3) consideration of subsequent events.
Trial, Defense Bars Gear Up For Legislative Session FREE
The most prominent issue for trial and defense lawyers in the upcoming legislative session is a bill to clarify what sort of physician’s letter must accompany a medical malpractice lawsuit. It’s a bill that the plaintiffs bar thought it had pushed through last year, while the defense bar will try again to block it.
Live, From New Britain, It’s CLE! FREE
Some 30 attorneys filed into the New Britain classroom for a lecture last week by Judith Stein on Medicaid and Medicare. Also benefiting from the CLE course were an additional eight people from New York City, Greenwich, Cheshire, Westport, Darien and Fairfield.
Feds Targeting White Collar Crime FREE
In what white collar crime experts say is no surprise, federal prosecutors in Connecticut are targeting insider trading and similar financial crimes for the first time.
Employment: Feds Target Connecticut, R.I. Construction Industry FREE
Connecticut and Rhode Island construction industry employers will face increased government scrutiny of their labor and employment practices over the next several years. On Nov. 30, 2011, the Hartford office of the U.S Department of Labor’s Wage and Hour Division issued a press release announcing a “multiyear enforcement initiative” aimed at improving what it sees as “widespread noncompliance with minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act” in the Connecticut and Rhode Island construction industry.
Employment: Consider Using ADR For Workplace Disputes FREE
Disputes arise in union and non-union workplaces and you must be prepared to handle them effectively for your client. Alternative dispute resolution (ADR) options provide flexibility and efficiency often saving time, money, and publicity sometimes associated with litigation. This article highlights the dispute resolution processes that exist to resolve workplace disputes for both the employer and employee.
Governor Nominates Six To Superior Court BenchFREE
Legal experience comes in many forms, and Gov. Dannel P. Malloy’s selection of six new judicial candidates showcases that variety. Upon confirmation by the legislature, they will replace slightly more than a quarter of the 23 current vacancies on the bench.
Tooting Her Own Horn FREE
Renee Redman was playing French horn with the Jerusalem Symphony Orchestra in the late 1980s when she decided that the composition of her life was incomplete. She had already mastered music — not to mention learning Hebrew on the side — when she found herself yearning to learn another language.
Passenger Gets $1.6M After Breaking Back FREE
Gary Merrill et al. v. Joseph F. Marie, Commissioner of the Department of Transportation: A man who fractured his back when a vehicle driven by his wife skidded off of an ice-covered highway sued the state and was recently awarded $1.6 million by a Litchfield jury. Gary Merrill, 55, of Thomaston, was a front-seat passenger on March 2, 2007. His wife, Denise, was behind the wheel and their daughter, Andye, and a friend were in the back seat.
New Patent Law Could Have Significant Impact FREE
When the U.S. Patent and Trademark Office opens its first satellite office in Detroit this year, Hartford-based Cantor Colburn will be ready to capitalize on the opportunities it presents. That’s because the firm opened a Motor City office in 2002.
The satellite office is expected to be the first of several nationwide as federal officials seek to expand the number of patent examiners to implement sweeping patent law changes and reduce a backlog. Cantor Colburn, which has about 105 attorneys in five offices nationwide, is prepared to hit the ground running when the patent law changes take full effect early next year.
Too Young To Be A Judge? Old ‘Rule’ Gets Broken FREE
After Connecticut began selecting judges with the aid of the Judicial Selection Commission in 1986, the commission’s members came up with some rule-of-thumb notions. One idea was that a nominee should have a certain minimum amount of experience as a lawyer.
Employment: Without Crystal Ball, Employment Laws Remain Murky FREE
Employers are once again caught between a rock and a hard place when it comes to employment laws, making ongoing compliance difficult and putting them at a competitive disadvantage in the global economy. While well-intentioned employers simply want to know the rules of engagement, conflicting and changing opinions on federal employment laws make compliance an admirable but ultimately illusory goal.
Employment Suits Target UConn Health Center FREE
Situated off Interstate 84 in Farmington, the University of Connecticut Health Center has made headlines a number of times in recent years. On the down side, it’s struggled financially and required several legislative bailouts. On the plus side, last year it became home to Bioscience Connecticut, an $864 million business and research initiative that Gov. Dannel P. Malloy projects will create thousands of jobs.
GC Says No To Non-Lawyer Investment In Firms FREE
The idea of allowing non-lawyers to hold ownership in law firms has taken hold in Australia, the United Kingdom, parts of Canada, and in Washington, D.C. Now the American Bar Association is discussing whether the concept should expand across the United States.
Jewish Center Has No Faith In City Officials 
For a long time, the big house on Hartford’s Bloomfield Avenue has been occupied by religious groups — the Catholics in the early 1950s, and then the Baptists for half a century. In 2009, an Orthodox Jewish group purchased the property with plans to create a religious center primarily for students at the nearby University of Hartford. Given the site’s history, leaders anticipated few problems.
Dispute Over Legal Fees Sends Client To Jail FREE
Last month, Hamden school lunch aide Joann Daddio-Geriac was in a legal bind — caught between her lawyer’s advice and a judge’s order. And the only way out she could see led to her spending 14 days in the York Correctional Center in Niantic, in contempt of court.
Employment: Child Abuse And Pornography In The Workplace FREE
Following the recent child abuse scandals at Penn State and Syracuse University, much attention has been focused on the question of whether employers have a legal obligation to report suspected abuse to law enforcement.
Survey Finds Concern About Business ConditionsFREE
General counsel are the nerve center of the company. They have to make it their business to know something about every business their corporation works in. And they are paid to worry about what former U.S. Department of Defense secretary Donald Rumsfeld called “unknown unknowns.” So who better in the company to ask what issues they are most concerned about in 2012? To find out the answers, Corporate Counsel, an affiliate of the Connecticut Law Tribune, surveyed 107 general counsel and some of their deputies at U.S. companies. Their responses suggest that they and their companies will face a challenging year ahead.
Popular Psychic Awarded $500K After Crash FREE
Angelina D. Ekenbarger v. Evanna Holloway: A psychic medium who injured her neck in a car accident has recovered just over $500,000 following a December trial in Hartford Superior Court. Angelina Diana, 47, of Enfield, whose last name was Ekenbarger when the lawsuit was filed prior to a divorce, was injured in a two-car crash in East Hartford on the morning of July 30, 2009. According to her lawyer, Brian Flood, of Cheshire’s Moore, O’Brien, Jacques & Yelenak, Diana was driving a 2009 Nissan Murano and traveling east on Governor Street in East Hartford.
Workers’ Comp Litigator Is A Commercial Success
Norwalk attorney Robert J. Sciglimpaglia Jr., who specializes in workers’ compensation claims, is admitted to practice law in three states and Washington, D.C. He’s even been named a Super Lawyer, which in this instance serves as a sort of foreshadowing. Despite his success in the legal arena, Sciglimpaglia’s biggest career break is about to come on Sunday, Feb. 5, a day when no court is in session.
Using Pictures To Help Juries, Judges Understand FREE
In the late 1990s, the Boston-based intellectual property law firm of Fish & Richardson took the pioneering step of submitting legal pleadings and exhibits on a compact disc. This replaced reams of paper. Not surprisingly, the case was a patent infringement matter in the D.C. Circuit, which is the appeals court for complex patent matters.
Embezzlement Lessons Learned From Monopoly FREE
There’s a lot you can learn about fiduciary relationships from a game of Monopoly. I found that out recently when I took a look at the rules after being away from the game for many years. The section I found most interesting pertained to “The Banker.”
A Small Agency With A Big Footprint FREE
As he nears the end of his first year in office, Connecticut Consumer Protection Commissioner William H. Rubenstein has a new perspective on a topic he’s studied throughout an illustrious career in and out of government — the operation of markets. He says the heart of consumer protection is removing the obstacles or “occlusions” that prevent markets from providing a high-quality array of goods and services at the lowest possible price.
Gun-Wielding Defendant Appeals Manslaughter Conviction FREE
Summary: A man charged with manslaughter as an accessory and sentenced to 45 years in prison is appealing his conviction, claiming that, even though he had pointed a gun at the victim, the state could not prove he intended to cause serious harm.
Employment: Five Reasons Paid Sick Leave Isn’t A Good Idea FREE
On Jan 1, 2012, Connecticut became the first and only state in the nation to require employers to provide paid sick leave to employees. By passing yet another law entitling employees not to report to work under certain circumstances, the state is promoting the continued erosion of an employer’s ability to require regular and predictable attendance as a condition of employment.
Bus Company Pays $575,000 After Pedestrian Accident FREE
Jayne Fishkind v. Metropolitan Healthcare Services Inc.: A nurse who was hit by a small medical bus while walking to work at Yale-New Haven Hospital recovered $575,000 as part of a recent settlement. Jayne Fishkind, a psychiatric nurse from Guilford, parked her car on Jan. 20, 2008, walked three blocks and was crossing Columbus Avenue in New Haven when she was struck by a jitney bus owned by Metropolitan Healthcare Services, Inc.
Pulling Strings For Nonprofit Organizations FREE
Lesley Rosenthal is a violinist married to a pianist. She’s also a lawyer, and when the opportunity arose to become general counsel to New York’s Lincoln Center for the Performing Arts Inc., the in-house position was too good to pass up.
New Center Focuses On Gender, Sexuality Issues FREE
With a nationally known Title IX authority on its faculty, not to mention a professor whose legal work paved the way for the legalization of gay marriage in Massachusetts, it may be no surprise that Western New England University School of Law has become the first New England law school to establish a Center on Gender and Sexuality Studies.
A Familiar Face At The Top FREE
In the next 90 days, the 130 partners at Kelley Drye & Warren LLP can expect to get a knock on their doors. When they open them in Stamford or in other offices in the U.S. and Europe, they will see a familiar face in a new role. Paul McCurdy, a New Canaan resident and 25-year veteran of the firm, recently was elected chair of the executive board. The move marks the first time in two decades that former chair John M. Callagy has not been in charge of the 175-year-old, New-York based firm.
Consumer Counsel Gets Jolt From Electrifying Work FREE
When consumer counsel Elin Swanson Katz took office Oct. 3, life was comparatively calm. The state Public Utility Regulatory Authority, the successor to the Department of Public Utility Control, had officially decided it had no authority to review the looming merger between Boston-based NStar and Northeast Utilities, the corporate parent of Connecticut Light & Power and Yankee Gas.
Hospital Settles Medicare Overpayment Allegations For $472,000 FREE
The U.S. Attorney’s Office in Connecticut has reached a nearly $472,000 civil settlement agreement with New Milford Hospital after allegations that the hospital overbilled the government, later discovered its own mistake, and still kept the additional funds.
Hacktivists: Robin Hoods Of The New Millenia FREE
As with most criminal activity, the government is basically impotent against cyber crime. As more people log on, there is more crime. The more applications and sophisticated the technologies, the more adept the offenders become at using them to facilitate their criminal acts or avoid detection.
NLRB Offers Detailed Report About Facebook FREE
When can an employee be fired for comments posted on Facebook that reference his or her employer? When, in turn, are an employer’s rules about such postings unlawful? These and other questions about social media in the employment context form the basis of a new report issued by the office of general counsel at the National Labor Relations Board.
Employment: Sorting Out ICE’s Prosecutorial Discretion Program FREE
On June 17, 2011, the director of the Office of Immigration and Customs Enforcement (ICE), John Morton, issued two memoranda outlining a framework to be used when exercising “prosecutorial discretion” in the context of deportation of non-U.S. citizens.
Powers Of Attorney – Use And Abuse FREE
A general durable financial power of attorney is one of the simplest, most flexible, efficient and cost-effective tools available to address the need for property management in the event someone becomes ill or incompetent. There is, perhaps, no more essential document to have in place when planning for possible incapacity. A well-crafted instrument can broaden options available to an incapacitated client as well as provide safeguards to restrain an overreaching agent. Most importantly, with a durable power of attorney, one can avoid an intrusive and cumbersome conservator proceeding in the event of incapacity.
Trooper Staffing Triggers Clash Between Branches FREE
On the surface, the issue is fairly simple: Gov. Danell Malloy, in a money-saving measure, wants to limit the number of state troopers. In response, the troopers and their union have argued that public safety is compromised when their ranks are less than full.
Judicial Branch Joins World Of Twitter FREE
The next time there’s a sizable snow storm, just check Twitter to find out if your jurisdiction’s courthouse is closed or not.
That’s because last week the state Judicial Branch announced it had launched an account with the social media phenomenon Twitter, signifying in Connecticut that tweeting may officially have gone from a trend met with skepticism by some in the legal field to an accepted form of modern communication.
Law School Energized By Internship Project FREE
Law student Alexander Judd doesn’t need to put his finger to the air to test whether his pursuit of a career in energy and environmental law is the right course. From a national move away from oil dependence to a state focus on so-called “green jobs,” the field seems ripe for more career opportunities.
Harassment Claim Turns Into Terrorism Accusation FREE
Balayla Ahmad appeared to be a bright student. She earned a master’s degree at Central Michigan University and then began studying at the University of Bridgeport College of Chiropractic in January 2009. But Ahmad, an African-American Muslim who regularly wore the hijab head covering traditionally worn by Muslim women, suddenly stopped going to class. School officials allegedly received a report that Ahmad had terrorist ties. When she failed to complete her final exams, the university expelled her.
Dentist Gets Drilled For $453,000 Jury Award FREE
Doreen Jasonis v. Rashmi Patel, DMD: A woman employed by a dentist agreed to a procedure that left her with a mouthful of problems and the dentist with a malpractice verdict against him for nearly $453,000. Doreen Jasonis, a Litchfield resident in her late 40s, was hired by Dr. Rashmi C. Patel at Dr. Patel’s Dental Center in Torrington in February 2006, according to the woman’s lawyer, Angelo Cicchiello, of Cicchiello & Cicchiello LLP in Hartford.
Plaintiff Tries Novel Attack On Dog Bite Claim FREE
Summary: A woman bitten by a dog has sued the landlord under a common law negligence claim rather than file a standard lawsuit against the dog’s owner or keeper under the state’s dog bite statute. A trial judge dismissed the complaint but the state Appellate Court overturned that decision. Now the state Supreme Court will weigh in.
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