Partner Beth Sher and associate Lisa Gonzalo's article outlining the Third Circuit's clarification of how amended pleadings affect an original pleading's judicial admissions was published April 11 in Law360. The court found that the amended pleading nullifies the original complaint. Beth and Lisa write: "The court's ruling serves as a reminder of the advisability of amending pleadings, where permitted by the federal rules, when errors are discovered. Failure to do so could bind a party to such erroneous factual allegations, rendering them judicial admissions that could result in dismissal of the claim. As always, a defendant moving for dismissal of a complaint should be aware that the motion may provide a road map to a plaintiff as to how to immunize its claims against dismissal."
Mark Salah Morgan, Maureen C. Pavely and Michael L. Fialkoff authored an article, "Authenticating Social Media Evidence in NJ Courts," which was published by the New Jersey Law Journal.
John Cerreta wrote an article, "Design Defects at the Connecticut Supreme Court: A Doctrine in Flux," for The Connecticut Law Tribune.
Erick Sandler wrote an article, "Court Sets Standard for Application of Attorney-Client Privilege to Mixed-Purpose Communications," for The Connecticut Law Tribune.
Katharine Coffey and Christopher John Stracco wrote an article, "Discovery Rule Resurrects Fraud Claim On NJ Property Sale," for Law360. The article is about the Superior Court, Appellate Division’s precedential decision in Catena v. Raytheon Company, et al., Docket No.: A-4636-13T4.
Day Pitney Alert
John Cerreta was quoted in an article, "John Cerreta Talks Clerking for Alito, Commercial Litigation Changes" in the Connecticut Law Tribune.
On January 5, Day Pitney hosted a speech by Robert L. Capers, the U.S. Attorney for the Eastern District of New York, to the White Collar Crime Committee of the American Bar Association's Business Law Section (WCCC) at the firm's New York City office.
Erick Sandler was elected to the board of directors of the Connecticut Supreme Court Historical Society at its annual meeting on May 12. The Connecticut Supreme Court Historical Society promotes and preserves the state’s judicial and constitutional tradition through scholarship, memorials, publications and education. Erick is the chair of Day Pitney's Appellate Practice group.
Howard Fetner was quoted in an article, "Judge Allows Company to Withhold Benefits From Departing Employee," in The Connecticut Law Tribune. Fetner represented Community Health Center, Inc. (CHC), a statewide company that provides health care services to low-income patients, in a case in which a former CHC employee sought to recover compensation for unused paid time off. Following a trial, the court ruled in favor of CHC, reinforcing an employer's right to condition the payment of compensation for accrued fringe benefits upon an employee's giving a specified amount of advance notice of termination.
Parsippany, NJ, January 28, 2016 – Day Pitney announced attorneys Benjamin Nissim, Thomas Farrish, Michael Fitzpatrick, and Andraya Pulaski as the 2016 Coleman Award winners in recognition of their exceptional commitment to pro bono work. This year's Coleman Award winners dedicated a total of more than 840 hours of their time to pro bono service.