Legal Articles, General Practice
School District Was Not on Notice of Inappropriate Teacher Conduct with Student; Negligence Action Dismissed
The Superior Court of Connecticut in the Judicial District of Middletown handed down its decision in a lawsuit filed by a former student (plaintiff) against the Town of Clinton as well as the board of education. In this case, the plaintiff “brought a direct claim against the defendants, alleging failure to supervise and negligent supervision” in violation of state law,[1] leading to his sexual abuse by a teacher while he was in fifth, sixth, and seventh grades.
Plaintiff’s Lawsuit Against Commissioner of Department of Motor Vehicles Barred by State’s Sovereign Immunity; Plaintiff Failed to Prove Any Exceptions Applied
In a criminal law matter, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport dismissed a plaintiff’s action against the defendant Commissioner of the Department of Motor Vehicles (DMV), because she was barred under sovereign immunity doctrine from bringing suit.
Technology Company’s Non-Compete Found Enforceable on Grounds of Protecting Employer’s Interest and Commercial Operations
Xplore Techs. Corp. v. Killion, 2010 Conn. Super. LEXIS 2401
Assignability of Non-Compete Agreements Under Connecticut Law in the Event of a Merger
Neopost USA, Inc. v. McCabe, 2011 U.S. Dist. LEXIS 105850
Enforcing Non-Competes Associated with Sale of Company and Goodwill
Ms. Dorothy Rogers owned a hair salon in Higganum, Connecticut called Dotties Creative Cuts and entered into an agreement to sell the company’s “assets, goodwill, and client lists” to Kim’s Hair Studio, LLC for the amount of $20,000. This transaction essentially made Ms. Rogers a new employee of Kim’s hair Studio and as such, she was required to sign a non-compete agreement that prohibited her from offering competing services for twelve months after her termination within ten miles of 323 Saybrook Road, the primary work location of Kim’s Hair Studio.
Beware the Casual Employee Complaint
The United States Supreme Court had overturned long-standing law in the Federal Districts of Connecticut and New York with respect to employee claims of retaliation for registering a complaint with an employer under the Fair Labor Standards Act (“Act”). In this case note, we will tell you how the law changed, and how employers should adopt changes in policy and procedure to protect themselves from a new and difficult-to-defend source of employment-related liability.
Legitimate Signature is Required for Enforcement of Non-Compete Agreement
In Stay Alert Safety Services, Inc. v. Fletcher, 2005 Conn. Super. LEXIS 1915, Mr. Christopher Fletcher began to work at United Rentals, Inc., a North Carolina company in the traffic safety and control industry, starting in February 2003. He signed an employment agreement upon accepting the job offer wherein the agreement contained a non-compete provision. According to the restrictive provisions, he was prohibited from working at a competing company located within two hundred miles for a period of two years after his termination.
Court Uses Connecticut Law to Supersede Massachusetts Law in Application of Non-Compete Agreement
In Custard Insurance Adjusters v. Nardi, 2000 Conn. Super. LEXIS 1003, Mr. Robert Nardi worked at Allied Adjustment Services’ Orange, CT office beginning in September 1982 as the vice president of marketing, overseeing the adjustment of claims for insurance companies and self-insurers. The company had Mr. Nardi sign non-compete and confidentiality agreements as a term of his employment.
Connecticut Non-Compete Prohibits Client Solicitation in Investment Services Industry
In Robert J. Reby & Co. v. Byrne, 2006 Conn. Super. LEXIS 2115, Mr. Patrick Byrne worked at Robert J. Reby & Co., a financial firm in Danbury, Connecticut, as a registered investment advisor from June 2005 to July 2005. The company advises high net worth individuals and families in the areas of trusts, wealth management, and taxation. Mr. Byrne signed an employment contract with Robert J. Reby & Co. wherein it contained a non-compete agreement that stipulated he be prohibited from soliciting the company’s clients or disclosing any of its confidential information in the event of his termination.
Policy of Enforcing Connecticut Non-Compete Agreements to Protect Employer’s Interests
Torrington Creamery, Inc. v. Davenport, 126 Conn. 515 pertains to a dispute regarding a non-compete agreement between an employer and employee in the dairy products industry in 1940. While this case is by no means recent, it is a seminal case that lays the groundwork for the policy of enforcing non-compete agreements in Connecticut on the grounds of protecting the employer’s interest. Specifically, this is one of the first Connecticut cases to address the enforceability of a company’s non-compete agreements when another company acquires it.