Business Lawsuit Roundup
New Connecticut business litigation decisions and lawsuits of interest for February 2011: Appellate Decisions: Schirmer v. Souza The Appellate Court upheld an award in favor of the plaintiffs on claims of unjust enrichment concerning renovations to a residence on defendants' property. In a somewhat…
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Unjust Enrichment In Connecticut – The Catchall When You have No Contract
The Connecticut Appellate Court's recent decision in Schirmer v. Souza is a reminder that there are circumstances where you can still recover damages for non-payment of services even when you do not have a written contract. In Schirmer, the…
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Did Courtney Love Make A Good Decision To Settle Her Twitter Case?
According to various online sources and media outlets, Courtney Love has settled (or is close to settling) the Twitter lawsuit brought against her by Dawn Simorangkir. The trial was supposed to start tomorrow, and according to Amanda Bronstad at the National Law…
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Connecticut Business Lawsuit Roundup
As a new addition in 2011, I am going to regularly feature new business lawsuits along with the usual trial and appellate decisions of interest in Connecticut. Here's the first installment: Appellate Court: Cianci v. Original Werks, LLC Appellate Court finds that $150,000…
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Connecticut Bar Association Launches Blog
Rule of Law Blog: The Connecticut Bar Association has launched this new blog. The purpose of the blog is to "ensure a sustaining interest" in the discussion of "what our laws are doing right, what they are doing wrong, and how they can improve." …
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Will The “It Was Just A Tweet” Defense Work In The First Twitter Defamation Trial?
As mentioned before on this blog, Courtney Love was sued for defamation arising out of her notorious Twitter posts. As the case heads to trial on February 6th, she has taken down her Twitter page. Recall that Love was sued by fashion designer Dawn Simorangkir for a series of allegedly defamatory…
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Is It Fair to Claim That The Current US Supreme Court Is Pro-Business?
The New York Times this past Sunday had an article detailing how many times the Roberts court ruled in favor of business interests (61%). Debra Weiss of the ABA Journal writes about the article and some other findings noting that the Roberts court ruled in favor of the same side…
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New Privacy Report From Federal Trade Commission (FTC)
The FTC released its 122 page Privacy Report today. This Report has been anticipated for some time. The FTC Chairman, Jon Leibowitz, summed up the purpose behind the FTC's involvment in data privacy and security with release of the Report stating: Technological and business…
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Social Media Attorney – A New Niche To Address A Growing Concern For Business
I have written several posts on risk management and litigation arising out of social networking or media websites such as Facebook, Twitter and LinkedIn. Dan Schwartz's Employment Law Blog includes coverage of a variety of concerns with use of social media and the need…
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Constructive Trusts In Connecticut For Fraud and Unjust Enrichment
In business litigation in Connecticut, attorneys many times seek to impose a constructive trust over assets or income connected to wrong doing, breach of fiduciary duty, or fraud by business partners or agents. In a decision to be officially released on November 23, 2010, the…
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Carders, Full Wallets and Identity Theft In Connecticut
I recently attended the Connecticut Privacy Forum. One of the presentations was by Kim Peretti who is Director of Forensic Services at Pricewaterhouse and a former federal prosecutor that chased down identity thieves globally. (read an interview with Kim here about the…
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Can An Attorney Bind A Client To A Settlement Agreement Even If The Client Did Not Agree?
The answer is - yes, under the right set of facts. In Connecticut, attorneys must abide by a client's decision to settle a case. Additionally, an attorney has to consult with a client and secure consent to accept or make a settlement offer. Seems straightfoward,…
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Lawyers Going Fishing on Facebook – – Is It Ethcial?
Lawyers are all over Facebook and LinkedIn. What are they doing? If they are not marketing or social networking, they are fishing or "mining" for information about individuals and businesses. They are looking for this information to help with lawsuits. …
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Disturbing Rise in Internet Harassment and Cyber Bullying Part Of Growing Trend
The tragic suicide of Rutgers University student, Tyler Clementi, shows the potential devastating impacts arising from misuse of the Internet and social media sites such as YouTube, Facebook, and Twitter. This incident also serves as a reminder of the rapid sea change that…
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Can You Record Phone Conversations In Connecticut To Help Your Lawsuit?
You might be surprised how many times I am asked this question. Of course, the circumstances of every case warrant separate consideration, but here are the basic facts concerning recording of phone conversations in Connecticut as it relates to civil litigation and lawsuits: …
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