Publications
Congress enacted the Judiciary Act of 1789, directing then-President George Washington to appoint in each federal district a”person learned in the law to act as an attorney for the United States.” This person was “to prosecute in each district all delinquents for crimes and offenses cognizable under the authority of the United States, and all […]
No one appears to disagree that contaminated properties that lie boarded up, idle, or under-utilized burden the state of Connecticut. Further, public resources to clean up these sites are increasingly scarce and, if not cleaned up and redeveloped, these sites threaten public health and the environment. Remediation and redevelopment of these sites would result in […]
On April 7, 2011, the Centers for Medicare and Medicaid Services (CMS) announced that it was processing 60 disclosures pursuant to the Self-Referral Disclosure Protocol (SRDP) introduced last fall. Under the SRDP, providers may voluntarily disclose violations of the Physician Self-Referral Law, more commonly known as Stark. Stark prohibits a physician from making referrals for […]
In 1941, the U.S. Supreme Court first ruled that the U.S. circuit courts of appeals had authority to sit en banc, expressing the hopeful view that en banc hearings would foster “effective judicial administration,” avoid intracircuit conflict and promote finality of decisions. Textile Mills Securities Corp. v. Comm’r of Internal Revenue, 314 U.S. 326, 334-35 […]
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I. IntroductionToo often, when a franchisee defaults on its franchise agreement obligations, the franchisors’ knee-jerk reaction is immediately to begin the termination process. This paper challenges franchisors to take a step back, analyze more fully the pros and cons of a particular termination decision for themselves and for their systems, and consider altneratives that may […]
Under the FLSA, an employee must be compensated for all time he or she is “suffered or permitted to work” on behalf of his or her employer. This seemingly simple concept has spawned a good deal of litigation. Most often, these cases involve claims seeking compensation for unauthorized or unapproved overtime hours. A recent decision […]
This book includes extensively researched case law from August 2009 to August 2010. Compiled into an easy-to-use reference, this book will cut timely research out of your day by putting the latest review and analysis on franchise and distribution law at your fingertips. Edited by Bethany L. Appleby and William K. Whitner. Topics include: Franchise […]
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In September 2000, the Centers for Medicare and Medicaid Services released its National Coverage Decision (“the 2000 NCD”) setting forth the Medicare reimbursement policy for clinical trials, in response to President Clinton’s executive memorandum directing that Medicare pay for routine costs associated with participation in clinical trials. In the last two years, CMS has promulgated […]
The Second Circuit decided many significant cases in 2009. This article focuses only on those cases from, or significantly affecting, the District of Connecticut. Beyond geography, our selection criteria were completely subjective, and the nine cases discussed here (five civil and four criminal) reflect only our opinion of the decisions that might be most interesting […]
I. Introduction1 Much has been written about how to compel or avoid arbitration of franchise disputes and how to enforce or vacate final arbitration awards. Many franchise lawyers (even some seasoned litigators) would be embarrassed to admit, however, that they have little understanding of what actually happens between the bookends of compelling arbitration and enforcing […]
On hearing the thunder of “cloud computing,” one might expect to look to the sky and see a computer (about to fall). Yet the meaning and significance of “cloud computing” remain nebulous (pun intended). “Cloud” is a metaphor for the amorphous Internet. In cloud computing, the Internet serves as the computer, combining software with infrastructure, […]
I. What is Bet the System Litigation (BTSL)?Bet the System Litigation. As lawyers, we probably all have an idea of what we think that means. However, if you give any serious consideration to the phrase, you quickly will come to recognize that this could mean radically different things to different people. Do you Bet the […]
I. IntroductionOne of the selling points of arbitration under the Federal Arbitration Act (FAA) is the relative finality of an award. Arbitration awards may be vacated only under limited circumstances. The Second Circuit’s July 9, 2007, ruling in Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanaya, A.S.,1 which imposes a duty on arbitrators […]
Directors and officers of large companies expect their benefits to include insurance protecting them from third-party claims arising from actions they take performing their corporate duties. This coverage, known as directors and officers (D&O) insurance, indemnifies directors and officers and pays defense costs in actions brought against them in their corporate capacities. Directors and officers […]
In every medical malpractice case, the lawyers carefully present their evidence and craft suggested language for the jury charge. But if the lawyers stop there and overlook how the jury should express its verdict, they risk losing the ability to uncover errors committed by the jury and having the trial or appellate court overturn a […]
In an article in the June 18, 2010 issue of Insurance Litigation Reporter entitled “Gulf Oil Catastrophe—Round 1 Transocean Insurers v. BP Additional Insured Claim” (Insurance Litigation Reporter, vol. 32, no. 9), we reported that Transocean’s excess liability insurers (who provided $700 million excess of $50 million of coverage to Transocean under marine liability policies), […]
Federal Rule of Civil Procedure 58(a) requires that “every judgment and amended judgment” be set out in a “separate document,” distinct from the district court’s opinion or memorandum. The requirement was intended to “eliminate…uncertainties” about when a judgment has entered and the clock for filing post- verdict motions and notices of appeal begins to run. […]
Law360, New York (September 15, 2010) — The United States Court of Appeals for the Second Circuit held in In re Novartis Wage and Hour Litigation, 2010 U.S. App. LEXIS 13708, __ F.3d __ (2d Cir. July 6, 2010), that pharmaceutical sales representatives employed by Novartis Pharmaceuticals Corp. were not exempt from the Fair Labor […]
As summer draws to a close, I’ve prepared a short “to-do” list of objectives for my term in office. The focus is to: (a) increase the diversity of our membership, including racial, ethnic, geographic, and in-house representation among our ranks, (b) streamline our committees structure to enhance the effectiveness, accountability and productivity of core committees, […]
I am pleased to report that this year’s Fall CLE program at the Princeton Club was a big success. The fine program of panel discussions before a packed house was organized by CLE Co-Chairs Anna Erenburg and Rich Parke working in close concert with their active committee members under the watchful eye of Board Liaison […]
Connecticut’s appellate system has strived for greater simplicity, openness, transparency and justice. It has succeeded on some measures, but obstacles to fully realizing this goal remain in place. In this article, I take stock of where we are at the end of 2010 and mention a few items on my appellate wish list for 2011. […]
If you want to remove a multi-defendant case from the Connecticut Superior Court to federal court, you should be aware of the special rules that apply to multi-defendant cases. The removal statute, 28 U.S.C. § 1446(b), provides that “[t]he notice of removal of a civil action or proceeding shall be filed within thirty days after […]
Reproduced by Wiggin and Dana LLP with permission. Copyright 2010 Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Eight years ago, in the fall of 2002, we authored an article in the pages of the Antitrust Report that warned of the dangers of assuming that state antitrust law would […]
Collective action lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA) continue to proliferate at a dizzying rate. Many, if not most, of these suits challenge the classification of mid-level, white-collar jobs as exempt from the FLSA’s overtime pay requirements. While no employer is immune from this ongoing scourge of FLSA litigation, some […]