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In a decision that will be officially released on Tuesday, November 24th, the Connecticut Appellate Court has ruled that wrongful termination and breach of implied contract claims cannot be brought against the State of Connecticut due to the protections of sovereign immunity. The case Ware v. State of Connecticut (download here), will be of greater interest to private employers because it also held that the employee did not file a hostile work environment or retaliation claim first with the... Posted on November 20, 2009 at 10:48 am

My sincere thanks to my colleague, Joshua Hawks-Ladds for being the featured speaker today in the continuing monthly webinar series we've been doing on hot topics in employment law. This month's webinar focused on the unintended employment relationship; in other words, everything you wanted to know about temps, independent contractors and even franchisees (and their employees). We had another great turnout and some great questions. Through the wonders of technology, even if you missed it... Posted on November 19, 2009 at 10:49 am

Buried in a new law regarding identity theft is a provision that requires employers to protect employment applications from being disclosed. (Hat tip to my colleague Jennifer Willcox for pointing this out.) The law (Public At 09-239), which went into effect on October 1, 2009, states that "Each employer shall obtain and retain employment applications in a secure manner and shall employ reasonable measures to destroy or make unreadable such employment applications upon disposal. Such measures... Posted on November 18, 2009 at 09:48 am

I'm adding a new feature today, one that I've wanted to for a long time. Since this is still my personal blog, and there are stories of interest out there that are not law-related, I've created a category called asides, wherein I will post links to stuff that interests me. Right now, you can tell that it's an aside, because it does not have any formatting and looks pretty ugly. I'm going to try and get the CSS tweaked so it looks different, but no guarantees. You can still leave comments. The... Posted on April 17, 2008 at 07:02 pm by Gideon

for feeding in the 18th century ShareThis Posted on April 17, 2008 at 06:38 pm by Gideon

This is some of the oddest "testimony" before a legislative committee. From CT News Junkie: "From liquor and smoking in a state facility, from sex in actual offices to kickbacks from lobbyists&#xe2€&#xa6" [Michael] Marsulo said. More than one legislator joked that they would like to know where the sex is happening so they could get some and many were asking each other if they were part of the 80 percent or the 20 percent. Former Lt. Gov. Kevin Sullivan of West Hartford told the intern Tuesday that in... Posted on April 16, 2008 at 05:54 pm by Gideon

The hartford Courant is reporting that an Austin, Tx man was struck by a vehicle on Asylum Avenue while doing sewer work. When injuries such as this occur, the worker not only has a Connecticut worker's Compensation case but can bring a civil lawsuit as well. If you are injured on the job, whether as a result of a motor vehicle accident or otherwise, it is imperative you seek experienced worker's compensation counsel as soon as possible. Posted on October 27, 2009 at 02:47 am by James F. Aspell

Winter can't be far away after a morning commute like today. Remember, that if you are in your car while working, and you are involved in an accident, you ot only have a potential liability claim, but a worker's compensation claim as well. Call us today for a free evaluation or your Connecticut Worker's Compensation Case or your Connecticut automobile accident case. http://http://www.wfsb.com/news/21338859/detail.html Posted on October 19, 2009 at 01:57 pm by James F. Aspell

WFSB, the CBS affiliate in Hartford is reporting that "a section of Interstate 84 was closed in Tolland Friday night after a crash that began on the eastbound side of the roadway ended on the westbound side. Both sides of the highway were closed just after 7 p.m. in the area of exits 67 and 68. Police said two cars were involved in the crash and at least three people were airlifted to Hartford Hospital with serious injuries. "We've been sitting here for two hours, got out near the gas station... Posted on October 16, 2009 at 02:39 pm by James F. Aspell

I posted about the Heather Gilles case on September 29, 2009. Today's Hartford Courant ran a piece providing more information on the case as well as additional information on domestic violence. Read Fired Worker's Lawsuit Puts Spotlight On Workplace Treatment Of Domestic Violence Victims. [Source: Hartford Courant] Posted on November 22, 2009 at 09:01 pm by Administrator

In order to bring a divorce action in a Connecticut court, the party commencing the action must pay a filing fee of $300. In addition, the divorce summons and complaint must be served upon the other party by a State Marshal. The fee for service of those documents is approximately $50 to $75. If you cannot afford the filing and marshal fees, you may submit a fee waiver to the court. A judge may grant or deny your request to waive all or some of the fees. To apply for a fee waiver, you must... Posted on November 17, 2009 at 06:13 pm by Administrator

Editor's Note: This was a thoughtful and insightful post that I felt would benefit my readers who are embroiled in divorce actions. Divorce is an emotional rollercoaster - but are you paranoid? [originally posted by Marilyn Stowe] How healthy is divorce litigation for everyone involved: clients, their families, the lawyers and others? How healthy is it for anyone involved in these cases? Paranoia is a profound distrust or suspicion of others, which goes hand-in-hand with the belief that one is... Posted on November 11, 2009 at 08:52 pm by Administrator

On November 17, 2009, Lambda Legal filed a federal lawsuit in U.S. District Court in Tucson, Arizona to block a move to strip gay and lesbian state employees of domestic partner benefits. Read Fighting Unequal Pay in Arizona on Lambda Legal's site. Posted on November 18, 2009 at 09:04 pm by ireneolszewski

Editor's note: I read with interest the following post on Gay Couples Law Blog: The new health care bill passed by the U.S. House on Saturday would do more than help reduce the amount of people without health insurance. It also would reduce the taxes usually owed by gay couples. Currently, employees must pay [...] Posted on November 17, 2009 at 11:01 pm by ireneolszewski

If you and your partner have not entered into civil union or marriage and one of you desires to become the legal co-parent of the other person's biological child in the State of Connecticut, the Probate Court will require that a home study be conducted in order to determine issues such as the needs of [...] Posted on November 17, 2009 at 06:51 pm by ireneolszewski

Nov. 17 (Bloomberg) -- Alfred C. Glassell Jr.'s daughter won't get a $100 million share of a half-billion-dollar fortune the Texas oilman left to his family foundation and a Houston art museum in his 2003 will, a jury determined yesterday. Curry Glassell, 52, was the only heir to contest Glassell's 2003 will, the last of more than a dozen wills signed by the Transcontinental Gas Pipeline Co. founder before his 2008 death at age 95. The rest of the family supported the 2003 will, which left half... Posted on November 17, 2009 at 06:13 am by Matthew Curtiss

More than 30 animal-rescue groups have written letters to the judge presiding over the administration of the late Queen of Mean's fortune, asking that she help carry out Helmsley's request that her money go to the dogs. Helmsley died in 2007, leaving the majority of her $8 billion fortune to a charitable trust to be administered by close friends and relatives for "purposes related to the provision of care for dogs." But when the trust started doling out her cash earlier this year, only $1... Posted on November 16, 2009 at 05:49 am by Matthew Curtiss

With the federal estate tax disappearing for most people, state death taxes have emerged as a surprise new worry. This year, the federal exemption rose to $3.5 million per individual, or as much as $7 million per married couple. At the current level, only 5,500 estates a year are federally taxable. That is down from the 17,500 estates that would have faced death taxes under the previous $2 million limit, the Urban-Brookings Tax Policy Center estimates. The problem is that most states with... Posted on November 11, 2009 at 06:07 am by Matthew Curtiss

Today and tomorrow I am attending the American Law Institute/American Bar Association Conference on Life Insurance Company Products in Washington, D.C. The panel speakers are impressive; the topics are timely and relevant to my insurance practice, including secondary insurance market issues. You may follow my observations concerning the topics on Twitter at www.twitter.com/kscanlon. Posted on November 5, 2009 at 08:10 am by Katherine Scanlon

Structured settlement protection acts (SSPAs) provide that transfers of structured settlement payment rights are not effective without court approval of the transfer, disclosure of specified financial terms by the purchaser of the payment rights (the "transferee" or factoring company), and compliance with other SSPA conditions. As discussed here, here, here and here, a "transfer" of structured settlement payment rights includes not only a sale or assignment but also a loan or any other type of... Posted on November 5, 2009 at 08:01 am by Peter Vodola

Like courts in Washington and Florida, a court in Pennsylvania considered a matter involving a structured settlement factoring transaction some payments would be encumbered, and where the transfer agreement's encumbrances purported to be effective without court approval. And like those other courts, the Pennsylvania court reached the conclusion that the SSPA governs the effectiveness of such a transfer. The court, in In Re Transfer Of Structured Settlement Payment Rights By Phillips, 2005 WL... Posted on November 3, 2009 at 06:44 am by Peter Vodola

The general rule in Connecticut is that factual consistency in the verdict is not necessary. Each count in an indictment is regarded as if it were a seperate indictment. State v. Stevens, 178 Conn. 649, 653 (Conn. 1979). Where the verdict could have been the result of compromise or mistake, the court will not probe into the logic or reasoning of the jury's deliberations or open the door to interminable speculation. United States v. Zane, 495 F.2d 683, 690 (2d Cir.). Our courts will employ a... Posted on October 15, 2009 at 06:39 am by Nicholas Adamucci

General Statutes Sec. 54-56e, Accelerated Rehabilitation, establishes a discretionary pretrial diversionary program in certain criminal cases. It suspends criminal prosecution for a stated period of time subject to such conditions as the court shall order. If the defendant satisfactorily completes the probationary period he may then apply to the court for dismissal of the charges lodged against him. State v. Fanning, 98 Conn.App. 111, 115 (2006). However, an arrest during the probationary... Posted on June 29, 2009 at 11:31 am by Nicholas Adamucci

Generally, restraining orders are different than protective orders in that they are civil as opposed to criminal. In other words, normally one applies for a restraining order at the civil clerk's office. Thereafter, the civil court, upon sufficient evidence, then orders the restraining order. The penalties for a violation of the restraining order are civil penalties, as opposed to criminal consequences. On the other hand, criminal protective orders typically apply in a family violence situation... Posted on June 11, 2009 at 06:55 am by Nicholas Adamucci