Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected]. On Twitter: @AllisonDWrites.
August 16, 2022 | Connecticut Law Tribune
State High Court: Tattoo Artist's Services Fall Under Part 'B' of ABC Test for Body Art and Piercing Studio"For these reasons, it was not unreasonable or arbitrary for the board to conclude that the plaintiff regularly and continuously provided both body piercing and tattoo services for purposes of part B of the ABC Test. … Because substantial evidence existed to support the board's determination that tattoo services were within the plaintiff's 'usual course of business,' the Appellate Court properly affirmed the judgment of the trial court dismissing the plaintiff's administrative appeal," Chief Justice Richard A. Robinson wrote on behalf of the unanimous court.
By Allison Dunn
6 minute read
August 15, 2022 | Law.com
Appeals Court: Law Firm's Debt Collection Activities for Client Aren't Subject to Consumer Loan Law"We hold that a law firm that prepares promissory notes or undertakes debt collection activity on behalf of a HOA client is not subject to the MCLL because it is not a 'lender' that is 'engaged in the business of making loans' under the provisions of the MCLL," Judge Brynja M. Booth wrote on behalf of the 7-1 majority. "Rather, a law firm is in the business of providing legal or debt collection services to its client."
By Allison Dunn
5 minute read
August 12, 2022 | Daily Business Review
Appellate Court Reverses Judgment in Favor of Baptist Hospital in Vicarious Liability DisputeFinding unresolved factual issues regarding Baptist Hospital's supervision and right of control over the emergency treating physicians, the First District Court of Appeal reversed a trial court's judgment in favor of the hospital.
By Allison Dunn
4 minute read
August 12, 2022 | Connecticut Law Tribune
Security Company Did Not Have Duty to Defend Brass Mill Center in Underlying Wrongful Death Case, Appellate Court Rules"We agree with the defendant that the court erroneously conflated the allegations of the Avendano complaint regarding traffic control and design with the defendant's responsibility for crime prevention as the security contractor for the property," Judge Robert W. Clark wrote.
By Allison Dunn
5 minute read
August 12, 2022 | Law.com
Virginia Officials Hope New Playing Cards for Inmates Can Help Solve Cold CasesA special set of playing cards featuring information about unsolved homicides will be distributed to inmates at the Richmond City Justice Center for recreational use as part of a new project by the Virginia Attorney General's Office, the Commonwealth Attorney's Office, Crime Stoppers, and local police.
By Allison Dunn
2 minute read
August 11, 2022 | Law.com
State Supreme Court: Human Trafficking Victim's Identity Not an Element of 2011 Statute"We conclude, as a matter of first impression, that a defendant may be convicted of human trafficking under G. L. c. 265, §50(a), so long as the jury find that the defendant knowingly trafficked another person, regardless of whether that person is specifically identified," Justice Frank M. Gaziano wrote on behalf of the unanimous court. "Because the trafficking offenses at issue here were charged as ongoing criminal schemes, rather than as discrete instances of trafficking, we conclude that such an instruction was not warranted, and the trial judge did not err in declining to provide one."
By Allison Dunn
4 minute read
August 11, 2022 | Law.com
Veteran Attorney Consents to License Revocation After Admitting to Evading $869K in Income TaxesNosuk Kim was not charged in the underlying fraud case against her husband and his company, I-Tek, a company that provided clothing, promotional items, and equipment to federal government agencies, but the allegations against the attorney stem from its proceeds, according to the statement of facts included with the consent order.
By Allison Dunn
3 minute read
August 09, 2022 | Connecticut Law Tribune
Appellate Court Sides With Veteran Attorney Accused of Legal Malpractice From Decades-Old Case"I think it's absolutely the right decision, both by Judge Krumeich and by the appellate court," said Neigher's attorney, Robert Laney, of Ryan Ryan Deluca in Bridgeport. "I don't think that the expert was qualified to render the opinions that he tried to present. Although the issue wasn't clearly decided one way or the other, his disclosures were insufficient and his factual knowledge of the case was virtually nonexistent. I don't think there's any question that he was not able to opine about what had happened in the underlying matter and what could have, or should have, happened in the underlying matter."
By Allison Dunn
6 minute read
August 09, 2022 | Law.com
Court: Massachusetts Law Applies to Loss-of-Consortium Claims Stemming From New Hampshire Crash"Here, the tire installation and accident—both of which occurred in New Hampshire—were the last events creating potential liability to VIP for negligence and loss-of-consortium claims. Therefore, the presumption is that New Hampshire law applies," Judge Angel Kelley wrote.
By Allison Dunn
4 minute read
August 08, 2022 | Connecticut Law Tribune
2nd Circuit Bounces Contact Lens Product Liability Claim Against Bausch & Lomb Back to District Court"In the course of its analysis, the Supreme Court of Connecticut stated that while there would be no duty for a manufacturer 'to report adverse events associated with the device to the FDA in the absence of federal law requiring such reports,' it does not follow that 'no state law duty to report adverse events to the FDA exists,'" Judge Gerard E. Lynch wrote on behalf of the Second Circuit.
By Allison Dunn
4 minute read
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