Malloy Backs Sunday Sales Of Alcohol

by Christine Stuart

Gov. Dannel P. Malloy will be proposing sweeping changes to Connecticut’s religious-based “blue laws” that regulate the sale of alcohol, according to several sources who have been briefed on the proposal.

Malloy is expected to announce on Saturday that he wants to allow package stores to sell alcohol on Sundays and will allow them to stay open until 10 p.m., instead of 9 p.m.

Under the proposal, restaurants and bars will be allowed to stay open until 2 a.m. every day of the week, if they choose. Currently, they are only able to stay open until 2 a.m. on the weekends. Click here to read more…..

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No Steve Jobs Action Figure For Connecticut?

If what you’ve been sitting around and thinking “you know, my life would be complete if only I had a creepy Steve Jobs action figure” – you  may be out of luck.

Chinese toymaker, Icons wants to make this doll or as I call it “The Steve Jobs Barbie”:

"And one more thing...."

Recently an NBC station reported that:

Apparently the doll may have problems in several states: Indiana, Illinois, Texas, Connecticut, Georgia, Florida, California, Ohio, Virginia, Washington, New Jersey, Nevada, Nebraska, Kentucky, Tennessee and Oklahoma, all of which have posthumous laws on the books. That’s not great news for In Icons.

Here’s the relevant Connecticut law that I was able to find on this matter (in a 10 minute search on Westlaw). I was expecting to find a statute but I didn’t see one. If you know of a specific statute please send it to me and I’ll be happy to change this post.

The Connecticut Supreme Court has never provided the courts with the elements required to state a claim sounding in appropriation of name or likeness, it has acknowledged the tort’s existence under the law of Connecticut. Goodrich v. Waterbury Republican-American, Inc., 188 Conn. at 127, 448 A.2d 1317; Venturi v. Savitt, Inc., 191 Conn. 588, 592, 468 A.2d 933 (1983).  The Court in Goodrich adopted the Restatement Second of Torts.

Restatement (Second), Torts § 652C, Appropriation of Name or Likeness: “One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.” Comment (b) to that section provides: “The common form of invasion of privacy under the rule here stated is the appropriation and use of the plaintiff’s name or likeness to advertise the defendant’s business or product, or for some similar commercial purpose. Apart from statute, however, the rule stated is not limited to commercial appropriation. It applies also when the defendant makes use of the plaintiff’s name or likeness for his own purposes and benefit, even though the use is not a commercial one, and even though the benefit sought to be obtained is not a pecuniary one.” 3 Restatement (Second), Torts § 652C, comment (b).

Comment (a) provides that “[t]he interest protected by the rule stated in this Section is the interest of the individual in the exclusive use of his own identity, in so far as it is represented by his name or likeness, and in so far as the use may be of benefit to him or to others.” 3 Restatement (Second), Torts § 652C, comment (a).

The comment (d) provides in relevant part: “The value of the plaintiff’s name is not appropriated by mere mention of it, or by reference to it in connection with legitimate mention of his public activities; nor is the value of his likeness appropriated when it is published for purposes other than taking advantage of his reputation, prestige, or other value associated with him, for purposes of publicity … It is only when the publicity is given for the purpose of appropriating to the defendant’s benefit the commercial or other values associated with the name or the likeness that the right of privacy is invaded.”  3 Restatement (Second), Torts § 652C, comment (d).

Icons is clearly attempting to use Jobs’ likeness for a commercial purpose. It’ll be interesting to see if the “Steve Jobs Barbie” makes its way to Connecticut stores. If it does, I’m betting on either Jobs’ estate or Apple filing a law suit against Icon in Connecticut.

Hat tip to CT Capitol Report’s Tom Dudchick.

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Attorney General Jepsen Announces Mortgage Review Assistance For Bank Of America Customers

One of the great legal problems of our time is the foreclosure crisis.  Wall Street changed the rules when it decided there was a fortune to be made betting against the American dream of owning a home.

Investors stood to make more money from homeowners defaulting on their mortgages than paying them. To make sure this happened investors flooded the mortgage market with cash to encourage riskier and riskier loans to be written.  The system was rigged to crash.

Check out the “Inside Job” podcast from This American Life.

Courts have been left to pick up the pieces.  Fortunately, Connecticut has an Attorney General who understands the practical difficulties of homeowners facing foreclosure – namely the process is confusing and speaking with the right representative from a bank can be impossible.

I was very pleased to find this press release in my inbox. If you are a Bank of America Customer facing foreclosure you need to read the following

MORTGAGE REVIEW ASSISTANCE AVAILABLE JAN. 19-21

FOR BANK OF AMERICA CUSTOMERS

For immediate release                                                                        TUESDAY JAN. 10, 2012

HARTFORD – Attorney General George Jepsen and state Banking Commissioner Howard F. Pitkin announced today that Bank of America is hosting free mortgage assistance reviews in Hartford and Bridgeport for customers who are having trouble paying their mortgage loans.

The free events are 8 a.m. to 8 p.m. Thursday Jan. 19 through Saturday Jan. 21, 2012 at both the Hartford Hilton, 315 Trumbull Street, Hartford and the Bridgeport-Trumbull-Fairfield Holiday Inn, 1070 Main Street, Bridgeport.  Free parking is available at both sites at the Church Street Garage in Hartford and Imperial Parking Garage in Bridgeport, which is adjacent to the hotel.

Bank of America mortgage customers who are experiencing financial hardship will have the opportunity to meet with home loan specialists, who can review their mortgage and discuss available options. Spanish-speaking translators will be available at both locations.

The events are free and registration is encouraged to help ensure customers receive same-day assistance. Registration can be made online at www.bankofamerica.com/homeowerevent, or by calling the toll-free number, 1-855-201-7426. The documents a customer will need to bring for a mortgage review are listed on the website.

Connecticut homeowners who are not Bank of America customers, but having difficulty making mortgage loan payments, should contact the state Department of Banking’s Foreclosure Assistance Hotline at 1-877-472-8313.  The Department assists homeowners who are attempting to achieve loan modifications and prevent foreclosure.  The Department’s website, www.ct.gov/dob, has valuable information about avoiding scams, applying for loan modifications, and navigating the foreclosure process.

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Are CT Attorneys Trolling Foreclosure Records For Business?

Lawyers sell hope. In six years of practice (FTR, active practice of law at the bar of the State of CT), I have yet to have an initial consultation with a client who came to me because something awesome happened in his life.  I suspect that day will never come.

I’ve represented clients facing foreclosure. No one searches for hope more than a person about to be homeless.  The stress on a parent about to have no place for their child to sleep is unbearable.  Clients in this situation uniformly break down in tears talking to me.

Recently, I was speaking with a person facing foreclosure. The bank had just filed papers. She told me that within weeks of being served she started receiving mail from attorneys seeking to defend her in the foreclosure action.  A sign of the times, indeed.

A person facing foreclosure should see an attorney. Often a consult or representation can make a difference in the outcome of a case. Even if that outcome is simply more time to move.  The earlier a person facing foreclosure sees a client the better chance an attorney has to do something beneficial for the client.  Those are words written from my chair.

From my clients chair, her thoughts were “how does everyone know” and “I’m so embarrassed”.  Those letters made her feel worse about the situation.

She asked “how do they know?” To which my response was they either got the information from the land records or court records.

Arguably such solicitations are against the rules of professional ethics. Rule 7.3 covers “Personal Contact With Prospective Clients” and the relevant sections read as follows:

(b) A lawyer shall not contact, or send, a written or electronic communication to, a prospective client for the purpose of obtaining professional employment if…..

(1) The lawyer knows or reasonably should know that the physical, emotional or mental state of the person makes it unlikely that the person would exercise reasonable judgment in employing a lawyer…..

(3) The communication involves coercion, duress, fraud, overreaching, harassment, intimidation or undue influence….

The relevant commentary to the rule reads as follows:

[1] Unrestricted solicitation involves definite social harms. Among these are harassment, overreaching, provocation of nuisance litigation and schemes for systematic fabrication of claims, all of which were experienced prior to adoption of restrictions on solicitation.

[3] In determining whether a contact is permissible under Rule 7.3 (b), it is relevant to consider the time and circumstances under which the contact is initiated. For example, a person undergoing active medical treatment for traumatic injury is unlikely to be in an emotional state in which reasonable judgment about employing a lawyer can be exercised.

The rule references the “emotional state” of a prospective client. Few prospective clients are under more duress than those just served with foreclosure papers.

Unfortunately, I did not see the letter or letters sent to the person. She did not have them with her (hence the question mark in the title of this post). The other thing here is that there are all sorts of sketchy companies that promise modifications and representation. They’re happy to collect $3500 fees and do nothing. I have no idea of these companies claim to be law firms or not. I also have no idea how widespread the practice is.

If you’ve received such letters, I’d love to read them. Please send them my way: rmckeen at lttnlaw.com .

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What Does An Alternate Member of A Planning And Zoning Commission Do?

This morning, I’m being sworn in as an alternate on the East Granby Planning & Zoning Commission.  I’m eager to serve my community in this capacity as I’m interested in land use.

As is the case in many small towns, I was drafted into this position. Our Democratic Town Committee meeting went like this:

Chair: We need someone to serve as P&Z alternate. Ryan, how about you?

Me: Does this require campaigning? Can I lose this election?

Chair: No and no.

Me: I’ll accept.

Before getting sworn in, I decided to ask Westlaw what an alternate member of a planning and zoning commission does? Here’s what I found:

Alternate members must be electors and cannot be members of the zoning commission or the zoning board of appeals.  The statute allows alternates to attend all meetings and executive sessions of the planning commission, but they should not participate in the discussion or decision of the application unless they are designated to participate on it instead of a regular member of the commission. 9 Conn. Prac., Land Use Law & Prac. § 10:2 (3d ed.)

So unless there is a vacancy or a conflict – I’ll be listening and learning.

Posted in A Connecticut Law Blog | 2 Comments

Happy New Year

Wishing you a great 2012.

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You Won’t Be Buying Alcohol In Connecticut The Day After New Years

I really hope that in 2012 the General Assembly kills the blue laws on our books. These laws are nonsensical barriers in a free market.  Connecticut loses revenue as a result of these laws. If you don’t believe me, check out all of the Connecticut license plates at stateline package stores this weekend.  Here’s the line from  DCP:

“We typically receive many inquiries from liquor retailers, police officers, and the general public about this matter, so I want to ensure that buyers and sellers understand what the law says,” Rubenstein said. “According to Section 30-91d of the Connecticut General Statutes, when Christmas Day and New Year’s Day fall on Sunday, retail sales of liquor on that Sunday and the following Monday are prohibited. In short, package stores will not be open on December 26th or on January 2nd.  Link.

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Nanny State Won’t Allow Alcohol Sales The Day After Christmas

(this headline is my editorial commentary and was not drafted by Mr. McQuaid)

beer

by Hugh McQuaid

Anyone planning to have a drink on Monday, the day after Christmas, should stock up this Saturday. Liquor stores in Connecticut will be closed on Dec. 26 due to a little-known state law.

Connecticut’s religious-based “blue laws” prevent liquor stores from opening on Sundays but when Christmas falls on a Sunday, Section 30-91d of the Connecticut General Statutes also requires package stores to remain closed the next day, according to a press release from the Department of Consumer Protection. The same will apply the week after when New Year’s Day falls on a Sunday.

“We typically receive many inquiries from liquor retailers, police officers, and the general public about this matter, so I want to ensure that buyers and sellers understand what the law says,”DCP Commissioner William M. Rubenstein said. “…In short, package stores will not be open on Dec. 26 or on Jan. 2.”  Click here to read more.

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ATTORNEY GENERAL JEPSEN ANNOUNCES $34.25 MILLION MULTISTATE SETTLEMENT WITH GE FUNDING CAPITAL MARKET SERVICES INC. OVER MUNICIPAL BOND DERIVATIVES SCHEME

Attorney General George Jepsen today announced a $34.25 million multistate settlement with GE Funding Capital Market Services, Inc. (“GE Funding”) as part of an ongoing nationwide investigation of alleged illegal conduct in the municipal bond derivatives industry.

Connecticut and New York led the investigation for the working group of 24 states and the District of Columbia. As part of the multistate settlement, GE Funding has agreed to pay $30 million in restitution to affected state agencies, municipalities, school districts and not-for-profit entities nationwide that entered into guaranteed investment contracts with GE Funding and two of its affiliates – Trinity Funding Company, LLC and Trinity Plus Funding Company, LLC – between 1999 and 2005.

The State of Connecticut and the Connecticut Housing Finance Authority are expected to receive approximately $185,000 in restitution under the settlement. As a lead state in the investigation, Connecticut also will receive an as-yet undetermined share of a $1.25 million civil penalty and $3 million in fees and expenses for the investigation, which GE Funding agreed to pay to the settling states.

“This is a good result for the State and the people of Connecticut. It reflects the determination of the multistate task force to investigate and take action against wrongful conduct in the municipal bond derivatives marketplace,” Attorney General Jepsen said.

“GE Funding, Trinity Funding and Trinity Plus all violated the trust that bond issuers placed in them.  This settlement and the accompanying federal settlements will help to compensate the issuers for their losses as a result of the wrongful conduct,” Jepsen said.

The multistate settlement is one component of a coordinated, global $70 million settlement that GE Funding entered into today.  GE Funding also reached agreement with the U.S. Securities and Exchange Commission, the U.S. Department of Justice’s Antitrust Division and the Internal Revenue Service.

GE Funding is the fifth financial institution to settle with the multistate working group in the ongoing municipal bond derivatives investigation following Bank of America, UBS AG, JP Morgan and Wachovia.  To date, the state working group has obtained settlements worth almost $350 million for the participating states.

The states’ investigation developed evidence that certain traders at GE Funding, in concert with certain brokers, engaged in conduct that allowed the broker to determine in advance that GE Funding would win a bid for a guaranteed investment contract. The conduct allowed GE Funding to submit a “last look’’ bid, while the broker arranged for other financial institutions to submit purposely non-winning courtesy bids.  Because of the “last look,” on many occasions GE Funding was able to lower its bid to the issuer and still win the transaction.

Jepsen acknowledged GE Funding’s cooperation, which helped the states to pursue its investigation into the municipal bond derivatives industry, and for providing restitution to those harmed by the unfair practices.

Municipal bond derivatives are contracts that tax-exempt issuers use to reinvest proceeds of bond sales until the funds are needed, or to hedge interest-rate risk. Guaranteed investment contracts are a specific type of municipal bond derivative.

In April 2008, the states began investigating allegations that various schemes to rig bids and commit other deceptive, unfair and fraudulent conduct in the municipal bond derivatives market, were being used by certain large financial institutions, including national banks and insurance companies, and certain brokers and swap advisors.

The ongoing broader investigation uncovered alleged collusive and deceptive conduct involving individuals at certain financial institutions, and certain brokers with whom they had working relationships. The alleged wrongful conduct took the form of bid-rigging, submission of non-competitive courtesy bids and submission of fraudulent certifications of compliance to government agencies, among others, in contravention of U.S. Treasury regulations.

The objective of the schemes was to enrich the financial institution and/or the broker at the expense of the issuer – - and ultimately taxpayers – - depriving the issuer of a competitive, transparent marketplace. As a result of the alleged wrongful conduct, state, city, local, and not-for-profit entities entered into municipal derivatives contracts on less advantageous terms than they would have otherwise.

Posted in A Connecticut Law Blog | 1 Comment

Is Same-Sex Marriage Responsible For Affairs In Connecticut?

Here in Connecticut, same-sex marriage has been the law of the land for over 3 years. Since that time, we’ve been hit with a freak snowstorm in October, an earthquake, and a hurricane – but no locusts as of yet.

In what’s my favorite article of the year, the Gay and Lesbian Community in Minnesota has apologized for ruining the institution of marriage and causing former Senate Majority Leader Amy Koch to stray from her husband.

 ”On behalf of all gays and lesbians living in Minnesota, I would like to wholeheartedly apologize for our community’s successful efforts to threaten your traditional marriage,” reads the letter from John Medeiros. “We apologize that our selfish requests to marry those we love has cheapened and degraded traditional marriage so much that we caused you to stray from your own holy union for something more cheap and tawdry.” Link.

Hopefully, CT’s Office of Legislative Research can look into the nexus between same-sex marriage and extra marital affairs in the 2012 legislative session!

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Posted in A Connecticut Law Blog, Family Law | Leave a comment