Episodes

  • Law Talk 11-2-24

    Law Talk 11-2-24
    Nov 2 2024
    Today, we discussed the origins of class action lawsuits, the impact of smoking, and healthcare in the context of RISA (Regional Integrated Sciences and Assessments Program). We also addressed a caller's specific copyright question related to their mother’s writings. Throughout the show, we welcomed questions and comments about copyright issues, including insights from a retired probate judge in Connecticut. Additionally, we answered another caller's inquiry about a vacation buyout.
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    38 mins
  • Law Talk 10-26-24

    Law Talk 10-26-24
    Oct 26 2024
    followed up on a listener inquiry from the previous week regarding class action lawsuits about the drug Suboxone. Expanded it to an explanation of Multi District Litigation in federal court and its advantages/disadvantages. We talked about a recent Connecticut Appellate Court decision impacting the enforcement of firearms laws here, and how this past summer's U.S. Supreme Court decision in the Bruen matter may cause uncertainty in the enforcement of Connecticut's statutory scheme to regulate assault rifles, high-capacity magazines, and silencers. The Legal Word of the Day was annulment: what it is, how it differs from a Dissolution of Marriage, and how the Court annulled the marriage of a wealthy but compromised 82-year old whose conservator claimed, and proved, he was incompetent at the time his sweetie took him to the Justice of the Peace to get them hitched before he died. Great facts! listener calls: a gentleman wanted to discuss the statute of limitations for medical malpractice cases (misdiagnosis of his son's multiple sclerosis); b. a regular caller wanted to weigh in on the piece about Connecticut's firearms laws and whether there might be issues of Double Jeopardy (he misunderstood the issue...)
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    38 mins
  • Law Talk 10-19-24

    Law Talk 10-19-24
    Oct 19 2024
    Today's legal terms are 'Remitter' and 'Additur.' Relevant cases concerning these terms, as well as firearm regulations in Connecticut and bereavement leave policies for inmates in state prisons, have been discussed. 1. Run-away Juries: when can the trial judge override the Jury's decision on monetary damages? 2. Legal Word of the Day number 1: Remittitur.(when the Jury has been unjustifiably over-generous) 3. Legal Word of he Day number 2: Additur (when the Jury has been too stingy...). We did this for the first quarter hour, and then the phones went crazy for some reason (even though it was a great day to be doing stuff outside instead...). Listener calls: a. caller's daughter had a swimming pool injury years ago. Can she do anything about it now? b. inquiry about any class action lawsuits pending regarding the side effects of Siboxin (a drug used to assist people in overcoming addiction); c. Whether to hire a lawyer for help in the client's probate matter; d. A commercial real estate broker wanted to know if it was permissible to "steer" his clients to a particular lawyer for their commercial closings; e. a discussion re: the statute of limitations for filing a medical malpractice claim; and f. whether a person who donates a car to a charity has any liability for defects in the car which lead to an accident.
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    40 mins
  • Law Talk 10-5-24

    Law Talk 10-5-24
    Oct 5 2024
    a. Legal Word of the Day: Mandamus! What happened when Mayor Mark in Shelton tried to kill a development project which had already obtained the necessary municipal board approval. b. Legal Concept of the Day: comparative negligence! Or: can both drivers be responsible for the same collision? c. Legal Rule of the Day: Mailbox Rule! And how it figured into a commercial eviction case in New Haven involving possession of, of all things, a roof top. d. Lawyer loans his client money. Client cannot repay. Lawyer signs a note forgiving the debt. then he sues the client anyway! What kind of weirdness is this, and what can we learn from it? Spoiler alert: absolutely no one involved in this mess came out looking good. Calls: a listener in Meriden had a call about unusual events which occurred, even after his son's auto accident case was fully settled by the Insurance Company. a listener in Hartford wanted to know more about the "Mailbox Rule," and how someone could prove they actually mailed the document in question.
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    42 mins
  • Law Talk 9-28-24

    Law Talk 9-28-24
    Sep 28 2024
    1. Everyone hates blight. How a Danbury Judge dealt with an obstinate owner of blighted property --and what we can all learn from it. 2. A "sticky" story made here: how 2 competing adhesive manufacturers sued each other over one's allegedly untrue use of the phrase "Made in USA" in their marketing and packaging materials. The Federal Judge explained when a company can, and cannot, complain about a competitor's use of such claims – and when doing so violates the Lanham Act and the Connecticut Unfair Trade Practices Act. 3. With a nod to the Great American poet Robert Frost ("good fences make good neighbors"), a Stamford Judge resolves a lawsuit in which 2 neighbors sued each other over a stone wall --that they built together! 4. Finally: a new wrinkle on Contempt of Court: this time from the world of Family Law. A highly-experienced Judge finally had her fill of the parties using her Court to torture each other – and what she did about it to prevent the egregious over-use of Motions for Contempt.
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    39 mins
  • Law Talk 9-21-24

    Law Talk 9-21-24
    Sep 21 2024
    Mark gets into an altercation with an off-duty police officer. Mark sues him – not for assault, but for violating Mark's civil rights to be free of excessive force. Can he do that? Here's what Judge Thompson in the Federal Court said – and why. 2. Re-visiting an ugly case: where Freedom of Speech comes up in a most unusual way. Concepts we discussed: Prejudgment Remedies; the expanded use of Expert Witnesses for emotional distress claims. 3. Bonnie's car strikes a parked car. Bonnie flees the scene. She gets caught and charged with driving while under the influence. We did a primer on what is called "Per Se license suspension." It's important that everyone who drives a vehicle know about it – and how to fight it if appropriate. Phone calls: one from a listener who wanted to share his experience when he got arrested for DUI. Second call was from a listener wanting to know how lawyers charge to handle social security disability appeals.
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    39 mins
  • Law Talk 8-31-24

    Law Talk 8-31-24
    Aug 31 2024

    1. Mechanic's Liens revisited: Eric has a dispute with the roofer who put a new roof on his house. The roofer puts a Mechanic's Lien upon the title to Eric's house. What did the Judge do with the Mechanic's Lien, and what can we all (contractors and homeowners) learn from the case?
    2. A Jury awards a massive amount of punitive damages against a Connecticut municipality for discriminating against people with disabilities. How much is "too much?" The Second Circuit Court of Appeals gives guidance. Spoiler alert: look at the ratio of punitive damages to compensatory damages.

    We only had one airable call: Gentleman asked about what happens when an Irrevocable Trust terminates, and what are the tax consequences for the beneficiaries who receive the final distributions?
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    36 mins
  • Law Talk 8-24-24

    Law Talk 8-24-24
    Aug 24 2024

    1.The story of Meril and her emotional support parrots: How the landlord tried to evict them, what happened, and the take-aways for our landlord listeners and our tenant listeners. With a guest appearance by veteran Executive Producer Joey Bourgoin, we did a "Joey be the Judge" segment to see how an insightful layperson would size up the situation compared to what happened at Court.

    2.We did updates on "Non-Compete Clauses" in employment agreements in light of the Federal Trade Commission's efforts to invalidate them and the numerous law suits seeking to rein in the FTC on this issue.

    3. We reviewed a bitter dispute between two neighbors and what the trial judge did with their claims. spoiler alert: both parties lost!
    Take-away: the Judges dislike childish conduct and will look for a reason not let the Courts be used as a means primarily to cause pain to a neighbor that you don't like...
    Listener calls:
    a. Tax Deduction issue: If dad gave his house to daughter, but continued paying the mortgages and real property taxes, who gets to claim the income tax deduction? Note: there are other, more subtle tax issues in this scenario, as we pointed out in providing an answer.
    b. if a utility customer whose obligation to pay their bill was deferred during the Covid emergency, and the customer then dies, who pays the unpaid bill?

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    36 mins