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New Haven Court Addresses Web Jurisdiction
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Business New Haven
2/8/1999
By: BNH
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In a personal-injury lawsuit, MacMullen v. Villa Roma Country Club, the plaintiff argued that, in soliciting Connecticut business between 1993 and 1995, Villa Roma's actions were sufficiently repetitive to force them to defend themselves in the Connecticut court where the case was initiated. In deciding that Villa Roma, a resort hotel located in New York State, did not engage in such repeated solicitation, Judge Fracasse examined and dismissed several factors: 1) although it had sent direct mail brochures to Connecticut residents, 450 out of the 15,000 sent semi-annually was insufficient; 2) although it had placed ads in two publications, 13 ads over a three year period was insufficient; 3) although it had maintained a Web site and 800 number, neither was particular to Connecticut residents and there was no showing of how many Connecticut residents had used either service.
The Pause That Refreshes Catches Company Off-Guard
Aramark Corp., which provides food service under subcontract to the U.S. Coast Guard at the latter's New London-based academy, employed numerous civilians who were under union contract. Pursuant to a Coast Guard ban on smoking indoors and a union contract provision for a ten-minute break (paid but unscheduled) on claimant's morning shift, an outdoor smoking area was provided and used by Aramark employees. During one such break, an employee was injured and brought a claim under workers compensation law, in LeBlanc v. Aramark Corp., Case No. 03693 CRB-029709. In deciding that smoking was a regular incident of employment, the Compensation Review Board noted that the employee was on the employer's premises (despite the fact that the Coast Guard selected and maintained the smoking area) and within the period of employment, thus satisfying the requirements for the employer to be held responsible. As to any assertion that a person did not have to smoke at all, the board remarked that Aramark had never categorically prohibited smoking by its employees, and stated that “like eating lunch, using the restrooms or even playing Ping Pong in a designated recreation area, the act of smoking a cigarette is a 'personal comfort' activity that often becomes a regular incident of one's employment.”
Parting Without a Problem (For a Change)
Late last month, Bridgeport-based law firm Cohen & Wolf became a little lighter when its entire personal injury (PI) component - including partners and paralegals - left to form a PI boutique firm at 1000 Lafayette Boulevard. Noting that the PI component of the practice was often forced to turn down cases because of real or potential conflicts of interest (the firm has a substantial corporate practice which involves hospitals and doctors who would be potential defendants in medical malpractice suits), published reports quote departing partner Robert B. Adelman as stating that those corporate clients may in fact be “more comfortable without us here.”
LAW CALENDAR
The Pro Bono Committee of the New Haven County Bar Association (NHCBA) will hold its regular meeting at 5 p.m. on February 9. Law Offices of Tyler, Cooper & Alcorn, 205 Church Street, New Haven.
The Real Estate Committee of the NHCBA will hold its regular meeting at 12:30 p.m. on February 11. NHCBA offices, 70 Audubon St., New Haven.
The NHCBA presents a seminar on Zoning Law. 4-6 p.m., February 23 at 70 Audubon St., New Haven. $40-$55. Call 562-9652 to register. Two CLE hours.
Connecticut Trial Lawyers Association (CTLA) presents a program entitled Trial Demonstration: Wrongful Death. 9 a.m.-5 p.m. February 27, 1999 at Quinnipiac College School of Law, 275 Mount Carmel Ave., Hamden. $30-$235. Call 860-522-4345. Six and a half CLE hours.
The NHCBA presents a seminar on Housing Court Practice. 4-6 p.m. March 2 at 70 Audubon St., New Haven. $40-$55. Call 562-9652. Two CLE hours.
CTLA presents two concurrent programs: Criminal Litigation and Suing the State, & Local Government . 9 a.m.-5 p.m. March 6 at the Holiday Inn, 201 Washington Ave., North Haven. $30-$235 and $30-$225, respectively. Call 860-522-4345. Six and a half CLE hours each.
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