Seldom Used Holiday Rule Will Not Save Your Lawsuit Filing Deadline
Our court system is based upon a series of deadlines. There are deadlines for everything from starting a lawsuit (statute of limitations) to returning the lawsuit papers to court (6 or 12 days before the return date) to filing an appearance (2 days after the return date). There are deadlines for every aspect of a […]
Lost Profits Must Be Reasonably Certain for Breach of Contract Claims
The burden to prove damages is always on the Plaintiff, or the party that brings the lawsuit. Many times I receive calls from prospective clients who believe they have significant amount of damages. However, under Connecticut law damages are only recoverable to the extent that the evidence affords a sufficient basis for estimating their amount […]
Are Breach of Contract Disputes Governed by Terms of Contract Alone?
You might think so, but generally whether the terms alone govern a dispute depends on the language in the contract. When a contractual relationship breaks down, parties that previously agreed to terms of a contract suddenly no longer agree on the meaning of key terms. Many times parties to a contract have evidence that supports […]
Can a Lawsuit Help Mitigate the Risks of Trade Secret Theft?
Trade secret law is constantly evolving as technologies in the workplace change. Staying up to date is critical. Recently, I attended an online seminar focused on theft of trade secrets in the workplace. The presenters included private practice attorneys from a national firm and in-house IP counsel from two large companies. There was a consensus […]
Prevention of Performance and Breach of Contract
A recent Connecticut Supreme Court case (Blumberg Associates Worldwide, Inc. v Brown & Brown of CT) addressed the prevention doctrine in breach of contract cases. Under the prevention doctrine if a party to a contract prevents, hinders, or renders impossible the occurrence of a condition precedent to his or her promise to perform, or to […]
Can You Be Personally Responsible When You Sign A Contract As President Of A Corporation?
Ordinarily, the answer is no. However, you must carefully read contract terms before assuming you will not be personally liable for company debts. The Connecticut Supreme Court recently addressed an example where the terms of the contract created personally liability for the president of a company. Yellow Book decisionThe case is Yellow Book Sales v. […]
Are You Covered? CT Businesses Should Double Check Insurance Coverage for Data Loss
The Connecticut Appellate Court recently decided a case involving damages from loss of data related to 500,000 IBM employees. The case is entitled IMB caseRecall Total Information Management v. Federal Insurance Company. The loss of data included social security numbers and birth dates. The data was lost in the process of transport for storage. Some 4 […]
Member Rights For Connecticut Limited Liability Company
Generally, there are two sources to determine the rights and duties of members of a Connecticut limited liability company (“LLC”). The first source is an operating agreement. The ability to form a limited liability company (“LLC”) as a legal entity in Connecticut derives from legislative enactment. Title 34 of Connecticut General Statutes covers LLC’s. Title 34 […]