• March 26, 2024

    NY Urges 2nd Circ. To Deny Tribe's Eel Fishing Challenge

    The New York State Department of Environmental Conservation called on the Second Circuit to uphold a lower court's rejection of the Unkechaug Indian Nation's challenge to the agency's regulations on eel harvests, saying contrary to the tribe's arguments, they're not preempted by any federal treaty or statute.

  • March 26, 2024

    2nd Circ. Revives Gender Bias Case Against Grocery Chain

    A district court applied too harsh a standard when it dismissed a fired manager's sex bias suit against a supermarket chain, the Second Circuit said Tuesday, in a ruling that sought to "demystify" the test for assessing whether some discrimination claims can move to trial.

  • March 26, 2024

    Workers, Athena Health Seek OK For Meal Break Wage Deal

    Athena Health Care Systems and two of its former workers asked a Connecticut federal court to approve their proposed settlement agreement resolving claims that the company deducted wages for meal breaks even though it purportedly made them work during those breaks.

  • March 25, 2024

    Conn. Justice Chides Legislature In Landlord Lien Case

    Bemoaning what he perceived as an unclear statute and its unilluminating legislative history, Connecticut Supreme Court Justice Steven D. Ecker on Monday lamented having to make a significant policy decision about whether a city or a landlord should be financially liable for tenants displaced after fire damaged a large apartment.

  • March 25, 2024

    Subcontractor Sues Tech Co. For $1.8M Over RTX Project

    A subcontractor hired to move data when RTX Corp. sold a training business to Vertex Aerospace says it plummeted into financial turmoil because master contractor Delaware North America LLC underestimated the scope and cost of the project and asked it to shoulder extra responsibilities without additional compensation.

  • March 25, 2024

    SEC Says Justices Should Skip Musk's Gag-Order Grievance

    The U.S. Securities and Exchange Commission is asking the U.S. Supreme Court to pass on Elon Musk's complaint that an agency-imposed gag order violates his free speech rights, arguing the Tesla CEO entered the agreement willingly and has presented no legal justification for backing out.

  • March 25, 2024

    InBev's Modelo Loses 2nd Circ. Appeal In Hard Seltzer Fight

    The Second Circuit said Monday that a licensing agreement between Anheuser-Busch InBev SA and Constellation Brands was ambiguous about whether hard seltzers are beer, affirming a New York federal judge's order to let jurors decide the question at a trial where Constellation Brands prevailed against claims of trademark infringement.

  • March 25, 2024

    'Infested Slum' Suit Warrants Class Cert., Conn. Justices Told

    Former tenants of a Hartford apartment complex are urging the Connecticut Supreme Court to let them pursue class claims that the complex turned into a "mold and cockroach infested slum," arguing in a hearing Monday that a lower court focused too heavily on the differences between the conditions of each unit.

  • March 25, 2024

    Cannabis Bill Roundup: NY Targets Illicit Pot Sellers

    New York lawmakers introduced legislation to punish unlicensed cannabis sellers, Hawaii legislators made modifications to a proposal to legalize recreational marijuana, and a Connecticut bill targeting synthetic cannabinoids was referred to a legislative research office. Here are the major moves in cannabis legislation from the past week.

  • March 22, 2024

    Real Estate Co. Says Ch. 7 Trustee Ginned Up Conn. AG Probe

    A company that buys houses from financially distressed individuals and rents the homes back to their former owners filed a scathing adversary proceeding against a Chapter 7 trustee's avoidance action, claiming the trustee ginned up a "baseless" state government probe and is harming several estates she claims to be protecting.

  • March 22, 2024

    Fired CFO Of Conn. Gas Co. Seeks $5.6M From Sale

    The former chief financial officer of Hocon Gas Inc., a propane and heating oil company serving three Northeastern states, says he was fired for dubious reasons after demanding his share of distributions ahead of a planned sale of the company and its affiliates, in a $5.6 million lawsuit in Connecticut state court.

  • March 22, 2024

    Airbnb Sued Over Conn. Woman's Fatal Burns In Jamaica

    Airbnb has taken to Connecticut federal court to defend against claims that it is financially responsible for an explosion at a Jamaican rental property that caused first-degree burns over 56% of a renter's body, eventually leading to the woman's death in the U.S. two months later.

  • March 22, 2024

    Kwok Trustee's RICO Suit Paused Pending NY Criminal Trial

    A Connecticut bankruptcy judge Friday paused two adversary actions in the Chapter 11 bankruptcy of Ho Wan Kwok until the exiled Chinese businessman's criminal trial for fraud and racketeering, slated to start in May, wraps up.

  • March 22, 2024

    Firearms Co. Agrees To Dissolve Amid Conn. 'Ghost Gun' Suit

    One of four firearms companies that the Connecticut attorney general sued in 2023 over the online sale of "ghost gun" parts has stopped operating and agreed to dissolve, according to a stipulated judgment that would release Florida-based Steel Fox Firearms Inc. from the litigation.

  • March 22, 2024

    US Antitrust Enforcers Keep Big Tech Cases Coming

    A backlash against powerful tech companies is reaching a fever pitch in the U.S., as enforcers with the U.S. Department of Justice and the Federal Trade Commission now have pending lawsuits accusing Apple, Amazon, Google and Meta of monopolizing key digital markets.

  • March 22, 2024

    2nd Circ. Revives Case Against Man Held By ICE Despite Bail

    The Second Circuit said Friday a Brooklyn federal judge overstepped by tossing a case against a Dominican man who was detained by Immigration and Customs Enforcement after being granted bail in an illegal-reentry case, disagreeing with the judge's finding that the government was merely trying to thwart a court order.

  • March 21, 2024

    'Access Hollywood' Tape Key To Trump Verdict, 2nd Circ. Told

    Writer E. Jean Carroll urged the Second Circuit on Wednesday not to undo a $5 million verdict finding that Donald Trump sexually abused and defamed her, saying the jury rightly viewed the former president's infamous "Access Hollywood" tape because it revealed "his modus operandi."

  • March 21, 2024

    4 Things To Know About DOJ's Apple Antitrust Showdown

    As Apple prepares to fight state and federal prosecutors' monopoly claims filed Thursday, consumer advocates say it's high time allegations that the company stifles competition in the smartphone and app markets be taken to court, but Apple warns that a win for the government would harm its users.

  • March 21, 2024

    Cigna Slams Suit's Claims Of Algorithm-Led Coverage Denials

    Insurance giant Cigna Group wants a Connecticut federal court to toss a proposed class action alleging that an algorithm unlawfully rejected hundreds of thousands of claims en masse and without a proper review, arguing the suit is based on a "misleading" news article and shows a misunderstanding of the health insurer's claim denial process.

  • March 21, 2024

    AGs Urge Congress To Address Hemp Intoxicants In Farm Bill

    A bipartisan coalition of 21 attorneys general is urging Congress to address what the state officials call a public health and safety crisis by amending federal hemp policy to clarify that intoxicating products derived from hemp extracts are not legal under federal law.

  • March 21, 2024

    Ex-Conn. GOP Press Aide Can Pursue Claim Tied To Job Loss

    A former spokesperson for Republican lawmakers in the Connecticut House of Representatives can pursue an allegation of constructive discharge that the GOP office sought to have nixed from her discrimination lawsuit, a state court judge has ruled, finding that the plaintiff can claim an exception after failing to exhaust her administrative remedies.

  • March 21, 2024

    Conn. Judge Awards $59M Damages Payment In Crypto Feud

    A Connecticut state court judge has ordered an overseas business partner and his companies to pay $59.4 million to a bitcoin mining venture after he allegedly lied about both his criminal history and the legal woes of several other companies he controls while siphoning revenue and causing lost profits.

  • March 21, 2024

    DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4

    The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.

  • March 20, 2024

    Bridge Repair Workers Get Partial Cert. In Conn. OT Suit

    A Connecticut federal judge has conditionally certified a boat captain's federal wage claims against a government subcontractor specializing in bridge projects, reasoning he sufficiently pled a violation of overtime pay policy, while declining to greenlight sub-collectives under New Jersey and Pennsylvania laws.

  • March 20, 2024

    2nd Circ. Revives Bias Suit Against Aramark

    A discrete discriminatory act within the statute of limitations against an employee can make a hostile work environment claim timely if an employee shows it's a part of ongoing discriminatory conduct, the Second Circuit ruled Wednesday, reviving a bias suit a female manager brought against food service giant Aramark Services Inc.

Expert Analysis

  • Conn. Regulators Are Coming For Unlawful Cannabis Sales

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    Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.

  • Ruling Clarifies Bankruptcy Courts' Class Action Jurisdiction

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    The Second Circuit’s recent ruling in Bruce v. Citigroup shines a light on the limits of bankruptcy court jurisdiction over class actions and provides leverage for defendants to enforce the idea that courts should grant motions to dismiss and strike class allegations, say attorneys at McGuireWoods.

  • 2nd Circ. Ruling Is Good For Syndicated Lending Stability

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    The Second Circuit’s recent Kirschner v. J.P. Morgan Chase decision reaffirms the long-held market practice that syndicated loans are not securities, representing a positive development for the continued strength of the syndicated lending market, and demonstrating the importance of structuring loan terms to avoid mischaracterization, say attorneys at Latham.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
    Author Photo

    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • How Rate Exportation Is Shifting Amid Regulatory Trends

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    All banks and their partners, including fintechs, that wish to lend to borrowers in multiple states and charge uniform interest rates should heed regulatory developments across the country and determine how best to mitigate risks in their efforts to offer credit to consumers on a nationwide basis, say attorneys at Ballard Spahr.

  • 2nd Circ. Goldman Ruling May Hinder Securities Classes

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    The Second Circuit's recent Arkansas Teacher Retirement System v. Goldman Sachs decision, decertifying a class of investors and seemingly resolving a decadelong dispute, makes it substantially more difficult for plaintiffs to certify securities classes based on generic misstatements — a significant win for the defense bar, say attorneys at Willkie.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • 10 Legal Subject Matters Popping Up In AI Litigation

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    The past five years have brought judicial opinions addressing artificial intelligence in many different legal areas, so a study of existing case law is an important first step for in-house counsel addressing how to advise on the uncertainty driving many of the AI legal disputes, says Mark Davies at Orrick.

  • Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals

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    The Connecticut Supreme Court's recent decision in High Watch Recovery Center v. Department of Public Health, rejecting rigid application of statutes concerning certificate-of-need procedure, provides important guidance on building an administrative record to support a finding that a case is contested, say attorneys at Robinson & Cole.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Upcoming High Court ADA Cases May Signal Return To Basics

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    Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.

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