Christopher Stracco, Craig Gianetti and Katharine Coffey authored an article, "A Movement in New Jersey to Protect Land Use Applicants from Sham Litigation by Business Competitors," for Law360. The article discusses a recent New Jersey Appellate Division opinion which provides guidance to trial courts on how to discern the difference between constitutionally protected behavior and anti-competitive misconduct. In Main Street at Woolwich, LLC v. Ammons Supermarket, Inc., et al., Docket No. A-0713-15T3 (App. Div. July 25, 2017), the Appellate Division reversed the Chancery Division's dismissal of an abuse of process claim against competitors who challenged a shopping center in Woolwich Township. Facing an issue of first impression in New Jersey state courts, the Appellate Division adopted the reasoning of the U.S. Court of Appeals for the Third Circuit in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., 806 F.3d 162 (3d Cir. 2015), cert. denied, 136 S.Ct. 2451, 195 L. Ed. 2d 264 (2016), and concluded that the Chancery Division should have considered the developer's allegations that the competitor's action was "part of a pattern of sham litigation brought by defendants for the purpose of injuring market rivals rather than to redress actual grievances." The authors wrote, "there seems to be a growing momentum by the courts to seriously scrutinize these 'sham litigation' filings, which in turn may result in more claims filed against competitor objectors."
John Cerreta and Jennifer Shukla authored an article, "Navigating Recent Changes to Connecticut Design Law," for the Connecticut Law Tribune.
On May 25, the Federal Bar Council held a CLE, entitled: "Second Circuit Appellate Advocacy Workshop," which was coordinated by Dan Wenner.
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.
Michael Furey was quoted in three separate articles in Politico, the New Jersey Law Journal and Law360 regarding his oral argument before the New Jersey Supreme Court of an appeal of an important discovery order by the firm's hospital clients.
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.
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