Connecticut Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Connecticut
August 9, 2012 By David Zipfel & Associates
Motorcyclists and all motor vehicle drivers are at risk for an accident every time they drive. There are a vast number of events that can lead to an accident, and understanding these events can help lead to better accident prevention.
July 24, 2012 By Nirenstein, Horowitz & Associates, P.C.
When you are planning for your retirement years you have to make projections a couple of decades into the future, maybe even longer. The fact is that crystal balls are pretty hard to come by these days, and try as we might it is very difficult to predict the future with full accuracy.
A specific area of the law has been designated to represent the rights of individuals who were wrongfully harmed in any way through the defects of a product that should not have been put on the market. This area of the law is referred to as product liability. U.S. law specifically addresses the issue of consumer harm through its implementation of product liability law.
The term probate, in Old English, means “to prove”. Probate can play a huge role in estate planning because a family will be exposed to probate when a family member dies, a family member becomes incompetent or a minor child inherits property. The legal process of probation involves administering the estate of a deceased person by establishing the validity of a will and carrying it out.
Some thoughts about the problems small business owners face when choosing a business entity. Among other factors limiting the liability of the business owner must be carefully considered. It is important to remember that simply choosing to do business in an entity - corporation or limited liability company- is not enough to eliminate all the liability the small business owner has.
The U.S. Patent and Trademark Office (PTO) is currently studying the recently-issued and much-anticipated opinion by the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co. (Fed. Cir. 2011)(en banc), hereinafter referred to as "Therasense." On May 25, 2011, the Federal Circuit delivered its opinion, changing the criteria for establishing a defense raised in response to an allegation of inequitable conduct.
One, two, three, four! I just counted the wheels on an automobile. In counting to four, I noticed that the car had at least one wheel, at least two wheels and at least three wheels. Regardless of the particular product, many patent infringement law suits have erupted into a dispute over how many of a particular component are covered by claims in a patent for that product.
In Microsoft v. i4i, the U.S. Supreme Court confirmed that patent invalidity must be proved by clear and convincing evidence. Microsoft v. i4i, --- S. Ct. ----, 2011 WL 2224428 (June 9, 2011). The Court's unanimous decision supports strong patent rights because it maintains the heightened clear and convincing standard for proving invalidity as opposed to the lower preponderance of the evidence standard advocated for by Microsoft.
One of the biggest changes to the internet is just around the corner. The Internet Corporation for Assigned Names and Numbers ("ICANN"), who is responsible for managing the internet's domain name system, has just come one step closer to expanding the number of generic Top-Level Domains ("gTLDs") available for use. On June 20, 2011, ICANN voted to approve the "gTLD Applicant Guidebook."
Under U.S. Patent law, inventors and other individuals substantively involved with the preparation and/or prosecution of the application, such as assignees and patent attorneys, have a duty to disclose to the U.S. Patent and Trademark Office (USPTO), information which is material to patentability of the claimed invention.
Traumatic brain injuries (“TBIs”) among young athletes have garnered increased attention recently, due in large part to a growing awareness in the medical and athletic communities regarding the prevalence and potentially devastating effects of head injuries in youth sports.
The United States District Court for the Southern District of New York rejected a 2008 proposed settlement agreement (the “2008 Agreement”) between Google, Inc. and The Authors Guild and the Association of American Publishers.
Under Kentucky law there is apparently something to be said for the saying “a picture is worth a thousand words.”
On April 11, 2011 the 9th U.S. Circuit Court of Appeals ruled that Tyler and Cameron Winklevoss, co-founders of Facebook®, could not back out of a settlement deal they reached with Mark Zuckerberg (founder of Facebook) and Facebook, Inc.
As you may recall a number of years ago Mattel sued MGA Entertainment claiming MGA stole its trade secrets when it entered into an agreement with Carter Bryant, the designer of the Bratz doll.
The benefit of SBA 504 Loans for Growing Businesses.
When you draft a last will and testament, it must be witnessed in order to be considered valid by the courts.
A trademark's viability depends on continued use and vigilance. When it comes to trademarks, the law has a "use it or lose it" philosophy, which makes sense in light of a trademark's role as an identifier of the source of goods and services. If there are no goods and services that are being promoted through use of the trademark, it no longer functions as one. A subsequent user can file to cancel a dormant federally registered mark, or can defend an infringement action based on abandonment.
Neighborly interactions can be less than neighborly at times.
The time and requirements to take legal action against municipalities may vary considerably depending on the exact case.
Digging even a few inches in the wrong spot may impact your health and wallet.
How not complying with your policy's provision could result in the dismissal of your case...
An innocent "tweet" could cost you big money.
Costco v. Omega, 562 US, Per Curiam: Are Foreign-sold Gray Market Goods Eempt from the First Sale Doctrine?
In Costco v. Omega, the Ninth Circuit held that the first sale doctrine was not available as a defense to unauthorized importation and distribution of a U.S. copyrighted work that was first made or sold outside of the U.S. under the authorization of the copyright owner because the Copyright Act does not extend to activity outside the U.S.
Here are important facts about Motorcycle Accident Prevention. Remember to Share the Road with Cyclists and Motorcycles.
Have you ever wondered how many points you receive on your driver's license for rolling through that stop sign?
Take the proper steps to avoid becoming a victim of medication errors.
How insurance companies try to deny or not pay you full value for your claim and what you can do about it.
What police must do to make DUI spot checks constitutionally permissible.
A surprising liability twist in dog attack cases and who may be responsible for the damages.
Obtaining additional compensation in certain cases when hit by a drunken driver.
How to Protect Yourself from under Insured and Non Insured Drivers When You Are Injured in an Accident
How to get money when you are injured in a motor vehicle accident case when the at fault driver has little or no insurance.
What problems does a parent face in hosting a party for minors where alcohol is served?
April showers and melting snow bring hydroplaning situations and accident conditions.
The short sale is an important and common form of property sale when you owe more than the value of your property and can no longer afford the mortgage. Learn more about them here.
We’ve seen the housing market go from bad to worse. Foreclosures are up, values are down. If your mortgage is considered “upside down” or “under water” – you can’t expect to sell the property right now for more than you owe - so you need to come up with another solution. There are five basic methods of solving the problem: (1) Payment Plan; (2) Loan Modification; (3) Sell the property, including at short sale; (4) Deed in Lieu of Foreclosure; (5)Foreclosure. Let's go through each one.
With property values fluctuating and mortgage rates low, what should you do?
Jack LaLanne passed away on Sunday, January 23, 2011. Mr. LaLanne devoted his life to health and physical fitness. When you hear his name or see his likeliness you immediately think of exercise and nutrition which is her legacy. So, it is only fitting that prior to his death he filed for trademark protection of his “image” with the United States Patent and Trademark Office. So that she would be protected.
Bike Walk CT & the Capitol Region Council of Governments Publish Rules of the Road for Cyclists in Connecticut
The Connecticut Department of Transportation, the Capitol Region Council of Governments and the Central Connecticut Bicycle Alliance have published a Share the Road brochure on bicycle safety and bicycle traffic enforcement in Connecticut.
Beginning in 2010, Google Maps has offered routes specifically for bikes. Now, cyclists can use their computers to plot the best route from point A to point B, including the topography and traffic conditions.
At the end of November, 2010 the New York City Department of Transportation officially released a written proposal asking private companies to submit bids to establish a year-round bike share system that would offer 10,000 bicycles at about 600 stations throughout Manhattan.
As the world continues to struggle with voracious energy demands, traffic congestion, and global warming, many communities are looking to promote bicycle use among young people as an alternative to cars.
Distance learning has become an increasingly popular means of teaching educational topics to students on-line in undergraduate, graduate and professional development venues. Such distance learning classes strive to match the face-to-face classroom learning experience, which often incorporate display of copyrighted materials,1 in particular digital formatted works, such as photographs, sound recordings and movies to supplement and fortify the learning experience.
The term “prior art” encompasses what is known to the public before a certain time, usually, what is known prior to development of an invention. Prior art includes articles, domestic and foreign published patent applications and issued patents, lectures, slide shows, books, and the like. A prior art search allows you to gain a better understanding of the state of the prior art prior to filing a patent application or releasing a new product to the market.
With over 9 million horses in the United States and over 58 million horses worldwide, many savvy entrepreneurs have sought patent protection for their equine related inventions. For example, horses can be severely bothered by flies and other insects especially when the insects fly into the horse’s eyes. The headlined photographs illustrate two examples of “fly masks” which could be used to combat such eye irritation, at least one of which was patented.
For over one hundred years, Thomas’ English Muffins has been making its english muffins with the famous “nooks and crannies.” Until this year, Thomas’ probably thought its secret to the muffin was safe. However, Chris Botticella, a former senior vice president for Bimbo Foods, the owner of Thomas’ English Muffins, is involved in a lawsuit with his former employer after he accepted a job with its competitor Hostess.
Wrongful death can occur in a number of circumstances, which include.
Determining who was at fault in your personal injury, accident or injury case can sometimes be determined by physical evidence-something you can touch, see, or examine, as opposed to just describing or talking about it. There are a number of things that should be done to help improve the value of your case.
No matter how well prepared you are, it is impossible to predict what will happen when you give sworn testimony under oath for your personal injury lawsuit. The best advice you can have is to relax, be yourself, take your time and give all answers truthfully and to the best of your knowledge.
Post-traumatic stress disorder (PTSD) is an emotional illness that affects men, women and children of any age. PTSD originates when a person endures a horrific or life-threatening event in which they experience intense fear, horror and helplessness.