|
|
|
Legal Briefs
|
Business New Haven
11/3/1997
By: BNH
|
Let's Blame All the Lawyers
In a case likely to be relied upon heavily by businesses with in-house counsel as well as those who have retained outside counsel in connection with a litigation matter, the Superior Court at Litchfield in Zeller v. Consolini ruled that, in a case where alleged tortious interference (sabotage) with business relations is based on a claim involving prior litigation, the defendant may utilize the defense of reliance on advice of counsel. In practical terms, this means that if your attorney advises you to proceed with litigation or an appeal on a matter and you are later sued for tortious interference with business relations (or the torts of malicious prosecution or vexatious litigation, in which it must be proved that the prior lawsuit was initiated maliciously, without probable cause and terminated in the plaintiff's favor) because of the suit, you may in essence ask the court to examine counsel's good faith behavior - and not yours.
Restricting 'Foreign' Liability
If a Connecticut-based business or resident has a legal beef with a foreign (that is, based outside of Connecticut) corporation, a lawsuit may be brought in this jurisdiction only when the foreign corporation has sufficient connection to the state that it could reasonably have anticipated being hauled into a Connecticut court. While repeated solicitation (such as advertising or marketing) of the type of business complained of in the lawsuit will suffice, the U.S. District Court in E-Data Corp. v. MicroPatent Corp. held that mere use of an Internet Web site for advertising by a foreign corporation, without a showing that such advertising activity actually reached Connecticut consumers, is an insufficient nexus upon which to base jurisdiction.
No Right of Refusal
In Northrup v. Allstate Insurance Co., the New Haven Judicial District ruled that an insurance company may not use the fact that an underlying contract for repairs between the insured and a contractor did not comply with the Connecticut Home Improvement Act as a basis for refusing to pay a claim. Noting that such an interpretation would not coform to the legislative intent of the act as a “consumer's shield,” the court awarded the plaintiff homeowner $10,315.90 of the $11,581.34 sought, plus costs and $4,401 in interest.
Permit Me, Please
A verdict of $1 million was awarded by a federal court jury in the case of Paul Natale et al. v. Town of Ridgefield, et al. upon a finding that the defendant town had deprived the plaintiff of his civil rights by first improperly denying zoning permits and then improperly denying building permits, resulting in financial damages in that amount. In addition, the magistrate judge awarded attorney's fees to plaintiff's counsel in the amount of $143,442.70.
A Case for Going On-Line
Law firms and other businesses interested in obtaining case information on specific matters without visiting the clerk's office may wish to consider subscribing to the Connecticut Judicial Branch's Civil/Family computer access service. Call the Branch's Judicial Information Systems Department at 860-566-8580 for details.
Law Calendar
Quinnipiac College School of Law, with the Conn. Bar Assoc. and the U.S. Bankruptcy Court, hosts its second annual Bankruptcy Symposium. 9 a.m.-5 p.m. November 7 at 275 Mount Carmel Ave., Hamden. $40 attorneys, $25 students and professors. Call 203-287-3202.
The Conn. Trial Lawyers Assoc. (CTLA) presents its Trial Practice Workshop, eligible for 6.5 CLE credits. 9 a.m.-5 p.m. November 15 at 275 Mount Carmel Ave., Hamden. $195-$265. Call 860-522-4345.
CTLA presents Orthopedics for Trial Lawyers, eligible for 6.5 CLE credits. 9 a.m.-5 p.m. November 22 at the Ramada Plaza Hotel & Conference Center, 275 Research Pkwy., Meriden. $165-$225. Call 860-522-4345.
|
Go FirstGo PreviousGo
NextGo LastGo
to Index
|
|
