Experience

Civil Procedure: Amending Away Federal Class Action Subject Matter Jurisdiction

A Connecticut lawyer and his firm were the plaintiffs in a class action in United States District Court against several title insurance companies, alleging that the title insurance companies’ use of so-called “national agents” to perform title agent functions was barred by a Connecticut statute stating that such work could only be performed by Connecticut attorneys. Verrill represented one of the title insurers. Federal jurisdiction was premised on the Class Action Fairness Act. After the class was certified and then de-certified without prejudice, the plaintiffs dropped their class action allegations in an amended complaint that premised federal subject matter jurisdiction solely on the former CAFA allegations. We developed an argument that the amendment to the complaint eliminated the sole basis for federal jurisdiction. The trial court dismissed the case and the United States Court of Appeal for the Second Circuit affirmed. Gale v. Chicago Title Ins. Co., 929 F.3d 74 (2d Cir. 2019).

Tort Liability: Fiduciary Duty Law

In an action by a product manufacturer against its Distributing Agent in the United Kingdom, the Connecticut Superior Court granted summary judgment to the defendant on the plaintiff’s claim for breach of fiduciary duty, holding that the defendant was not a fiduciary. We successfully represented the plaintiff manufacturer on an appeal to the Connecticut Appellate Court, which held that, because the trial court had found the defendant to be an agent, it was necessarily a fiduciary as well. The appellate court remanded the case, which was settled on terms favorable to our client shortly before the scheduled trial date. Jolen, Inc. v. Brodie & Stone, PLC, 186 Conn. App. 516 (2018), cert. denied, 330 Conn. 972 (2019).

Firm Highlights

Matter

Elections and Constitutional Law: Successfully Challenged Certification of Initiative Petition

In a victory for consumers and the ride-hailing public, the Massachusetts Supreme Judicial Court recently barred the Secretary of State from placing on the November ballot initiative petitions proposed by companies such as Uber...

Blog

GLORY, GLORY, HALLELUJAH!

Remember that old parody of the Battle Hymn of the Republic we used to sing before there was an Internet? There are apparently many versions, but they all generally involve children inflicting various types...

Publication/Podcast

State Trademark Registration

The United States has two levels of trademark registration: state and federal. A state trademark registration is issued by a state office and protects a trademark only in that state, whereas a federal trademark...

News

Jim Cohen Discusses “No Blank Checks” Citizen Initiative Before Maine Legislative Committee

Verrill Partner Jim Cohen was recently quoted in a Spectrum News article " Maine Ballot Initiative To Require Voter Approval For $1B Borrowing Gets Broad Support.” Maine LD 1772 is a citizen-initiated ballot question...

Blog

Tesla’s Cybertruck Raffle

On May 11, 2023, @BabyTesla3 sent out a Tweet: NEW: Tesla has revamped the Referral program and introduced a new loyalty program! Here’s what you need to know • S/X: 3,500 credits (referrer) &bull...

Blog

New Options for Retirement Plan Distributions Under SECURE 2.0

This post summarizes the new distribution options, including penalty-free withdrawals, applicable to defined contribution plans under the SECURE 2.0 Act of 2022 (“SECURE 2.0”) and provides a timeline of their effective dates. The new...

Matter

Advised Fortune 500 Company on Group Health and Welfare Benefit Plans

We were engaged by a Fortune 500 manufacturing company to provide legal and compliance services regarding its group health and welfare benefit plans. During the course of our representation, we have advised the company...

Publication/Podcast

U.S. Tax Considerations When Buying Property Abroad with Ruth Mattson

Verrill partner Ruth Mattson was recently featured on The American College of Trust and Estate Counsel 's podcast series Trust and Estate Talk . In this podcast, U.S. Tax Considerations When Buying Property Abroad...

Event

Virtual Lunch & Learn: Human Resources in Small Business/Startups

Verrill associate Emily Waddell will be presenting at PROPEL 's Virtual Lunch & Learn: Human Resources in Small Business/Startups. In addition to presenters sharing their expertise, this session covers various Human Resource topics including...

News

Verrill Welcomes Partner Andrew M. Walsh to Firm’s Business Law Group

Contact Verrill at (855) 307 0700