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  • Connecticut Determines How Restaurants Should Pay Tipped Waiters and Bartenders for Non-Tipped “Side Work”

    CT Pay Scale for Waiters & Bartenders for Non-Tipped “Side Work”

    January 15, 2020

    A new Connecticut law concerning revisions to, and regulation of, gratuities permitted or applied as part of the Minimum Fair Wage recently passed in part due to the rise of class actions by restaurant employees involving tip credit regulations, some of which threatened to close several Connecticut businesses with mounting legal fees and penalties.
  • District Court Grants Summary Judgment in Youth Football CTE Case

    District Court Grants Summary Judgment in Youth Football CTE Case

    January 2, 2020

    The mothers of two former youth football players, each of whom died in their mid-twenties a decade after they last played youth football, sued for money damages and to enjoin advertising that “youth tackle football is safe for minor children.” In a decision of first impression, the U.S. District Court for the Central District of California granted Pop Warner Football’s motion for summary judgment against negligence and wrongful death claims.
  • District Court Denies Class Certification in Youth Football CTE Case

    Class Certification Denied in Youth Football CTE Case

    October 2, 2019

    The plaintiffs in Archie v. Pop Warner, USDC CD CA 2:16-cv-06603, sought class certification of “all persons who enrolled their minor children in Pop Warner tackle football from 1997 to present” for statutory unfair competition and false advertising claims under the California consumer protection statutes. The U.S. District Court for the Central District of California denied plaintiffs’ motion to certify the class.

  • Jury Rules for NCAA in First Sports Concussion Case Tried to Verdict

    First Sports Concussion Case Tried to Verdict

    August 21, 2019

    A Pennsylvania jury ruled in favor of the National Collegiate Athletic Association in the first sports concussion case tried to verdict, finding that the NCAA was not negligent in its dealings with the plaintiff, who played four years on the California University of Pennsylvania Vulcans football team. Five years after his college football career ended, the plaintiff was diagnosed with amyotrophic lateral sclerosis (ALS).

  • First, Do No Harm

    Concussion Defense Reporter

    Spring 2019

  • Blockchain: Upset or Opportunity

    The Transportation Lawyer

    April 2019

  • Follow-Up on the Legalization of Marijuana in Connecticut

    Follow-Up on Legalization of Marijuana in Connecticut

    May 6, 2019

    The third key vote by a Connecticut legislative committee this year in favor of the legalization of recreational marijuana was tight, and certain related issues could result in the legislation being pushed into a special session if legislators cannot reach a compromise before the General Assembly session ends on June 5. Now, legislators must attempt to work together to create a final bill to be debated on the floor of the state House of Representatives and Senate
  • The Hub: Transportation News & Insights

    Quarterly Digest from Wilson Elser’s Transportation Practice

    April 2019

  • Changes in Labor and Employment Bills Affecting Connecticut Employers

    CT: Labor & Employment Bill Changes Affecting Employers

    April 5, 2019

    While not yet passed into law, several proposed bills in Connecticut should signal employers to be proactive about evaluating their employee handbooks. With a Democratic majority in the House and Senate and a newly elected Democratic governor, it seems likely that the employee-friendly bills will pass.

  • The Research Around CTE Is Far from Settled

    Concussion Defense Reporter

    Winter 2019

  • New Ruling on Medical Marijuana in the Workplace Clarifies Connecticut’s PUMA Legislation

    CT District Court on Marijuana in the Workplace

    December 7, 2018

    This holding is significant for employers because it clarifies the relationship between federal and Connecticut state laws concerning marijuana use and provides guidelines for drug testing in the employment realm.

  • Follow the Yellow Brick Road

    Update on Sports & Chronic Traumatic Encephalopathy

    August 15, 2018

    The brain is our most important organ and should be protected from unreasonable risk of injury. While media focus has helped bring about concussion protocols and better medical management, the notion that participation in sports causes the behavioral and neurological problems attributed by some to chronic traumatic encephalopathy remains a theory. Until we account for the prevalence of the condition in the general asymptomatic population, it is unreasonable to assume that simply engaging in sports places one at risk.

  • Arizona Launches Innovative FASTAR Dispute Resolution Program

    Arizona’s Fast Trial and Alternative Dispute Resolution Program

    April 11, 2018

    Those litigating in Pima County Superior Court need to be aware of the three-year pilot of the Fast Trial and Alternative Resolution Program, which significantly impacts the court’s compulsory arbitration system.

  • The Hub: Transportation News & Insights

    Quarterly Digest from Wilson Elser’s Transporation Practice

    March 2018

  • The Freedom to Swim

    CTE and the Ban on Youth Football

    February 14, 2018

    As science learns more about concussion, sport administrators are better equipped to make remove-from-play decisions and doctors are better equipped to support the concussed athlete’s recovery and to address those whose recovery may be compromised. Coaches and parents need to understand the risk of concussion, establish concussion protocols for youth sports, and support laws that don’t interfere with our freedom to swim, run, ski, box or play football.

  • Transportation Company Policies & Procedures for Retention of Electronic Control Module Data

    Preserving Vehicle Data Recorder Information

    October 16, 2017

    In a recent case involving a collision between private vehicles and a tractor trailer, the U.S. District Court, Northern District of Alabama refused to impose the severe sanctions that the plaintiffs requested, although spoliation had occurred and the plaintiffs were prejudiced. The court was not convinced the defendant acted with the intent to deprive the plaintiffs of the data, a prerequisite for sanctions.

  • The Hub: Transportation News & Insights

    Quarterly Digest from Wilson Elser’s Transporation Practice

    September 2017

  • 0.44% of NFL Brains

    CTE Litigation

    August 9, 2017


  • Supreme Court Makes a “Splash,” Upholds Hague Service by Mail, and Leaves Us Lost in Translation

    Hague Service by Mail Translation Requirements

    May 31, 2017

    In a recent case, the U.S. Supreme Court concluded, “in cases governed by the Hague Service Convention, service by mail is permissible” in the following circumstances:  The foreign state must not have objected to service by mail, the venue in which the suit was commenced must have laws authorizing such service, and such law must be fully complied with in effectuating service via mail in the foreign state.

  • Warrant Needed for “Black Box” Data in Florida

    Warrant Needed for “Black Box” Data in Florida

    May 17, 2017

    A Florida appellate court has upheld the suppression of data from an automobile’s event data recorder, focusing on the evolving nature of technology and privacy. It analogized the black box information to that of other electronic storage devices for which courts have recognized a reasonable expectation of privacy, such as a cell phone.

  • 2016 ESI Case Law Update

    August 2016

    Wilson Elser is pleased to provide the 2016 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). It is a rare case that does not involve the preservation, review and production of ESI.  Your knowledge of the tools and regulations could mean the difference between sanctions and compliance.

  • Navigating Contractual Indemnification and Other Insurance Issues

    Westchester County Business Journal

    May 5, 2016

  • Driver Privacy Act of 2015 Addresses Privacy Concerns for Data Collected on Event Data Recorders

    Driver Privacy Act of 2015

    March 2, 2016

  • The Hub: Transportation News & Insights

    Quarterly Digest from Wilson Elser’s Transporation Practice

    February 2016

  • Connecticut Expands Loss of Consortium Claims to Minor Child

    Connecticut Expands Loss of Consortium Claims

    October 5, 2015

    The Connecticut Supreme Court has joined the majority of jurisdictions that recognize the right of minor children to bring parental consortium claims, which are likely to become commonplace under the decision to be officially released on October 6, 2015. However, the Court placed certain restrictions on the ability to bring suit and right of recovery.

  • Employment Newsletter

    Beware the Blackberry under Proposed New Rule

    August 2015

  • America’s Commercial Motor Vehicle Parking Crisis: Who Bears the Liability?

    The Transportation Lawyer

    April 2015 | Volume 16, Number 5

  • Concussion Litigation: The Next Frontier

    Concussion Litigation: The Next Frontier

    March 13, 2015

    Organized sports at every level face significant challenges by play-related brain injuries resulting in increased litigation and unanticipated financial exposure for youth, collegiate and semi-professional sports organizations alike.

  • Burning Car Case Leads to Ruling on Pleadings

    Connecticut Law Tribune

    December 8, 2014

  • Connecticut Appellate Court Rules Reinstatement of Coverage After Lapse for Nonpayment Is Prospective Only

    CT Court Articulates Rule for Prospective Coverage

    June 12, 2014

    In a case of first impression, the Connecticut Appellate Court found that reinstatement of a homeowner’s policy after a lapse for nonpayment only restores coverage prospectively. Although the Appellate Court was clear in its articulation of a rule for prospective coverage, insurers may want to take steps to ensure that policy language and cancellation notice clauses clearly state the intent to reinstate coverage only prospectively.

  • National Transportation Safety Board Provides Tractor Trailer Safety Recommendations to the National Highway Traffic Safety Administration

    NTSB’s Safety Recommendations on Tractor Trailer Safety

    May 14, 2014

    On April 3, 2014, the National Transportation Safety Board provided seven safety recommendations to the National Highway Traffic Safety Administration addressing tractor trailer safety. The recommendations comprise four general topics: mitigation of blind spots, protection against injuries from passenger vehicles sliding under the container of a tractor trailer, protection against injuries from passenger vehicles sliding under the rear of a tractor trailer, and improving traffic safety data concerning trailers involved in crashes.

  • Feeling the Heat in Florida: Could Canadian Insurers Be Exposed to Florida’s Unfriendly Bad Faith Laws?

    Could Florida’s Long-arm Statute Reach across Borders?

    February 10, 2014

    A recent Florida intermediate appeals court decision suggests, by extension, that a Canadian insurer that only insures Canadian residents could be sued for bad faith in Florida for failing to perform certain duties that must be performed in Florida. The discussion focused on personal jurisdiction and Florida’s long-arm statute.

  • Massachusetts and the Suspension of a Commercial Driver’s License during a Fatality Investigation

    Trucking Industry Defense Association Newsletter

    Fall 2013

  • Conn. High Court Hops On The 'Make-Whole' Bandwagon


    August 27, 2013

  • Connecticut Supreme Court Rules on Issues Involving Commercial General Liability Policies

    CT Supreme Court Rules on Commercial General Liability Policy Issues

    June 20, 2013

    A settlement reached between a building corporation and the University of Connecticut led to the corporation suing its commercial general liability (CGL) insurer in the Circuit Court of Jefferson County, Alabama, for breach of contract and bad faith. The suit was later removed to the U.S. District Court for the Northern District of Alabama, which certified three questions of Connecticut insurance law to the Connecticut Supreme Court.

  • Business Interests Outside Law Practice May Preclude Duty to Defend

    ABA Section of Litigation: Professional Liability Newsletter

    February 4, 2013

  • Connecticut Supreme Court Rules Statutes of Limitations and Repose Do Not Generally Apply to the State

    CT Supreme Court Exempts State from Statutes of Limitations and Repose in Product Liability Actions

    November 13, 2012

    A recent decision by the Connecticut Supreme Court sets a precedent for lawsuits brought by the State of Connecticut outside of certain statutes of limitations and statutes of repose codified in the Connecticut General Statutes. The far-reaching implications of allowing the state to sue when the statutes of limitations and repose have long passed cannot be overestimated.

  • Connecticut Appellate Court Allows Extrinsic Evidence in Determining Type of Insurance Policy Purchased

    Extrinsic Evidence Allowed to Clarify Ambiguous Policy Language in Connecticut

    October 16, 2012

    In a recent issue of first impression, a Connecticut Appellate Court held that extrinsic evidence is admissible in deciding a party’s intent for determining, in a historical context, what insurance policy was intended to be purchased.

  • Homeowners' Insurance Does Not Cover Claims of Negligent Entrustment of a Motor Vehicle Says a Connecticut Appellate Court

    Negligent Entrustment of a Motor Vehicle

    September 6, 2012

    A recent ruling allows insurers to enforce the motor vehicle exclusion in a homeowners’ insurance policy if the underlying factual allegations cannot be separated from the use of a motor vehicle.

  • Cell Phones, Commercial Motor Vehicles and Connecticut

    MTAC Bulletin

    Summer 2012

  • Connecticut Supreme Court Rules Overdose of Prescription Medications Constituted an Intervening Event in Workers’ Comp Claim

    Workers’ Comp Claims

    August 15, 2012

    The Connecticut Supreme Court’s recent decision in Sapko v. State of Connecticut et al. will provide some precedent for workers’ compensation carriers when defending claims that involve injury or death to a claimant as a result of accidental or intentional overdose of pharmaceuticals prescribed for treatment of a compensable injury.

  • DRI Publishes Article by Wilson Elser Transportation Team

    June 12, 2012

    The Defense Research Institute (DRI) has published an article entitled, “Federal Ban on Hand-Held Mobile Telephone Use: Implications for Commercial Motor Vehicles,” co-authored by Brian Del Gatto, Rebecca Alcantar and Lauren Woods, in its May 30, 2012 issue of The Voice.

  • Connecticut Law Tribune Publishes Article on Bad Faith Claims by Del Gatto, Niederer and Reich

    April 2, 2012

    On February 13, 2012, the Connecticut Law Tribune published an article entitled, “Avoiding Claim of Procedural Bad Faith: What carriers need to know during review and determination process,” by Brian Del Gatto, Eric Niederer and Samuel Reich.

  • Connecticut Supreme Court Holds Act of Parking Car in Garage Triggers Motor Vehicle Exclusion in Homeowners’ Policy

    March 13, 2012

    The Connecticut Supreme Court’s holding in New London County Mut. Ins. Co. v. Nantes allows insurers to use the motor vehicle exclusion in a homeowners’ insurance policy if the insured was using the motor vehicle and/or gaining some benefit from the vehicle.

  • Changes to Regulations Governing Federal Removal and Venue

    January 31, 2012

    In the Federal Courts Jurisdiction and Venue Clarification Act of 2011, Congress clarifies many issues that are often subject to conflicts between (and sometimes within) the various circuits of the federal courts. The new law applies, prospectively only, to cases commenced in state or federal court on or after January 6, 2012.

  • For The Defense Publishes Trucking Article by Del Gatto and Paridis

    January 25, 2012

    For The Defense publishes trucking article by Del Gatto and Paridis in its December 2011 issue.

  • Bloomberg Law Publishes Article by Corleto

    January 3, 2012

    Corleto writes article for September 13, 2011 issue of the Bloomberg Law Report - Technology Law.
  • Connecticut Superior Court Holds that the Possibility of a Malpractice Claim Is Sufficient to Disclaim Coverage under a “Claims-Made” Policy

    December 13, 2011

    Claims-made policies are generally written to eliminate coverage for claims arising out of negligent acts or omissions known to the insured prior to policy inception, notwithstanding that the claim is made during the policy period. A Connecticut Superior Court recently held that an insurer properly denied coverage where an insured did not disclose his failure to file suit within the statute of limitations, even though the former client had stated that she would not be pursuing a malpractice claim.

  • Special Session of the Connecticut General Assembly Focuses on Job Creation

    November 7, 2011

    The Connecticut General Assembly was called into special session on October 26, 2011, by Governor Dannel Malloy to enact a sweeping economic growth and job creation package. In bipartisan fashion, the General Assembly overwhelmingly approved legislation that establishes new and expands existing business assistance, economic and workforce development, and job training programs.
  • 2011 Connecticut State Legislative Update

    July 2011

    The Connecticut General Assembly adjourned the 2011 Legislative Session on June 8, 2011. The session, the first for new Governor Dannel Malloy, was focused primarily on closing a historic budget deficit of $3.2 billion. The session also saw the passage or defeat of significant pieces of legislation that could impact residents or the operations of businesses in the state.
  • Connecticut Becomes First State to Enact Law Mandating Paid Sick Days

    July 2011

    On June 3, 2011, the Connecticut House of Representatives passed Senate Bill 913. The act, mandating that employers provide paid sick leave to service workers, was signed by the Governor July 1, 2011, and takes effect January 1, 2012, making Connecticut the first state to have mandatory paid sick days.
  • Connecticut Supreme Court upholds Graves Amendment in cases where a lessor leases an uninsured motor vehicle

    July 2010

    In Rodriguez v. Testa (SC 18389), the Connecticut Supreme Court decided whether 49 U.S.C. § 30106, also known as the Graves Amendment, preempted state law imposing vicarious liability on the lessor of an uninsured motor vehicle for damages caused by the negligent acts of the lessee or the agent thereof.

  • U.S. Supreme Court finds that COGSA governs liability of U.S. inland carriers transporting cargo under a "through bill of lading" issued by an ocean carrier

    June 2010

    On June 21, 2010, the United States Supreme Court, three months following oral argument, issued its decision in the case of Kawasaki Kisen Kaisha Ltd et al. v. Regal Beloit Corp.  ("Regal Beloit").  This is a seminal decision to the transportation industry, overruling a line of cases from the Second and Ninth Circuit Courts of Appeals that had imposed the Carmack Amendment's higher liability regime upon motor and rail carriers for cargo damaged during the inland portion of shipments originating overseas, regardless of whether the shipment was being transported on a through bill of lading issued by the ocean carrier and was therefore arguably governed by the Carriage of Goods by Sea Act (COGSA).
  • Connecticut extends the limited duty rule to owners of hockey arenas

    April 2010

    In Verneris v. Wang, Superior Court, judicial district of New Haven, Docket No. CV 07-5014070 (March 19, 2010, Keegan J.) a plaintiff brought suit against the Connecticut Islanders, LLC after being struck in the face by a hockey puck while attending a professional hockey match between the Bridgeport Sound Tigers and the Wilkes-Barre/Scranton Penguins. The plaintiff alleged that the Connecticut Islanders, LLC, as owners of the venue where the match took place, were negligent in failing to provide adequate protections for fans from the dangers of flying pucks.
  • Connecticut Legislature approves pre-suit policy disclosures

    October 2009

    The Connecticut Legislature recently enacted an act requiring disclosure of automobile liability insurance policy limits prior to the filing of a claim.  Public Act 09-240, effective October 1, 2009 and applicable to all claims arising on or after that date, requires an automobile liability insurer to disclose the limits applicable under a policy it issued within 30 days after receiving a written request for disclosure.

  • Mexico imposes retaliatory tariffs on U.S. goods in response to suspension of NAFTA trucking program

    June 2009

    The Mexican government recently imposed import tariffs on $2.4 billion of U.S. goods after the United States suspended a program allowing Mexican trucks to deliver goods across the border.  When the U.S. closed the southern border to Mexican trucking in March, Mexico promised to retaliate.  Mexico has released a list of 89 U.S. products that will face tariffs of 10 percent to 45 percent.

  • Connecticut high court clarifies rules for interpreting policy exclusions

    April 2009

    In its March 24, 2009, decision in Liberty Mutual Ins. Co. v. Lone Star Industries, Inc. et al., 290 Conn. 767 (2009), the Connecticut Supreme Court clarified Connecticut law concerning the interpretation of exclusions in insurance policies.

  • Employment Newsletter

    April 2009

    This California Employment newsletter discusses the broadened ADA expands § 504 and employee accommodation exposure. A recent change in the Americans with Disabilities Act (ADA) will expand school district obligations to accommodate students and employees. Addressing case law that narrowly interpreted "disability," effective January 1, 2009, the ADA has been broadened (Public Law, 110-32s, September 25, 2008) to enlarge the universe of disabled individuals.