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September 29, 2015

Summary Judgment Obtained in Favor of Bus Company

Attorney Jennifer Pedevillano successfully obtained summary judgment in favor of a bus company involved in a motor vehicle accident. The plaintiff asserted claims of negligence, recklessness, and vicarious liability against the driver of the school bus and the bus company after the plaintiff’s motorcycle struck the back of a school bus. The plaintiff’s theory of […]

September 29, 2015

Successful Defense of Health District in an Appeal By Homeowners

Duncan Forsyth and Jennifer Pedevillano successfully defended a Local Health District in an appeal by the homeowners. The Local Health District reviewed the homeowners’ application to perform certain improvements to a residential property and concluded the homeowners’ proposed improvements did not meet the requirements of the Public Health Code. The homeowners appealed to the State […]

September 29, 2015

Laparoscopic Surgical Claim Results in Defense Verdict

A malpractice suit claiming that a second open surgery was needed because the first surgeon failed to correctly identify and address an inguinal hernia during a repair using a laparoscopic approach was successfully defended in a recent trial in Bridgeport. The jury found that the hernia was correctly identified and addressed by the defendant surgeon […]

September 29, 2015

Permanent Injunction Obtained Against Competitor Infringing On Client’s Marks

Joseph Fortner, Jr. recently secured a permanent injunction for a Connecticut-based, national restaurant group against a competitive restaurant which infringed the firms’s client’s service mark by using a confusingly similar name in the same market. In Barteca Restaurants, LLC v. Milonga Arepas & Tapas, Inc., 2015 WL 1119982 (D. Ct 2015), the Defendant opened a […]

September 29, 2015

Joseph Fortner offers comments regarding Protection of Trademarks

Joseph Fortner was recently quoted by the Connecticut Law Tribune about Intellectual Property and the importance of protecting trademarks. “If you have a trademark that your company has spent time and money to make sure customers know, and someone is using a mark that could cause confusion, it is important to take steps,” he said. […]

September 25, 2015

Siting Council Rules in Favor of Local Jurisdiction in Cell Tower Dispute

In June 2015, the Connecticut Siting Council rejected a proposal to build a 180-foot lattice cell/training tower in Farmington, Connecticut. The Applicant, Tower Holdings LLC, originally proposed building the tower to be used solely for training. But the company later partnered with AT&T to add an antenna array to the tower, saying there was a […]

September 22, 2015

Mount Vernon Fire Ins. Co. v. El Rancho De Pancho LLC, 2013 WL 6326609 (D. Conn. 2013)

In Mount Vernon Fire Ins. Co. v. El Rancho De Pancho LLC, 2013 WL 6326609 (D. Conn. 2013), the District Court held that coverage was barred as a result of the insured’s material breach of certain warranty endorsement provisions in a commercial liquor liability policy.

September 21, 2015

Arnold Menchel Featured Speaker at Revolution Healthcare Radio Launch Party

Arnold Menchel, Chair of the Firm’s Health Care Practice Group, will be a featured speaker at the Revolution Healthcare Radio Launch Party on Monday, September 21, 2015 from 5:00 – 8:00 p.m. in West Hartford. The event, featuring over 100 health care industry leaders, hors d’oeuvres, drinks and a healthy dinner will kickoff a new […]

September 16, 2015

Important Notice Requirements for Group Practices undergoing a “Material Change”

Group practices (defined as two or more physicians, legally organized in a partnership, professional corporation, limited liability company formed to render professional services, medical foundation, not-for-profit corporation, faculty practice plan or other similar entity) undergoing “material changes” to the business or corporate structure of their practice must be aware of important new notice requirements. The […]

September 16, 2015

Be Vigilant in Checking for Excluded Individuals and Entities

Federal regulations prohibit Medicare and Federal and state regulations prohibit Medicaid reimbursement for any items and services furnished by an excluded individual or entity. See, e.g., 42 C.F.S. § 1001.1901, Regs. Of Conn. State Agencies, 17b-262-526. When the OIG excludes a provider, federal programs are prohibited from paying for items or services furnished, ordered or […]

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