Connecticut Collections: How to get paid if you are owed money? Part 2: Prejudgment Remedy ("PJR")
A new Supreme Court decision just made it easier for employees to revive lawsuits they voluntarily dismissed – in some cases, even after the statute of limitations has expired. In Waetzig v. Halliburton Energy Services, the...more
The Law Court’s decision in Fournier v. Flats Industrial, Inc., issued last week, provides a stark reminder of the importance of attention to the deadlines for filing an appeal of a final judgment. The Law Court treats the...more
Sometimes due to factors out of our control, we are faced with having to file an appeal from a final judgment after the appeal period has already passed. Is this allowed? Sometimes. Is all hope lost? Not necessarily. Here are...more
As an appellate lawyer with considerable experience in both state and federal appellate courts, I often receive calls from colleagues who are either in the midst of trying a case, or who have just received a decision or...more
When Can I File An Appeal? The short answer to this question is that, in most cases, you can only file an appeal from a final judgment. P.B. § 61-1; State v. Curcio, 191 Conn. 27, 30 (1983) (“The statutory right to...more
Judgments can generally be attacked through either a direct or collateral attack. A collateral attack, as opposed to a direct attack, does not attempt to secure a corrected judgment; rather, it involves an attempt to avoid...more
In unanimously holding that a bank was not shielded from liability after removing a joint tenant with right of survivorship from accounts without his consent, the Tennessee Supreme Court dropped a lengthy footnote resolving...more
It’s a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection. Even cardinal rules, however, have their exceptions....more
Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not...more
One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable...more