Rogers & Tartaro Business Litigation Blog : New York and Connecticut Business Litigation Lawyer & Attorney : Rogers & Tartaro Law Firm : Commercial Litigation : Westchester County NY, Fairfield County CT

There is no lack of dizzying rules in our court system. Of course, these time-honored regulations serve a great and effective purpose, but nevertheless, sometimes it’s fun to point some of them out.

Today, we will pick on the Connecticut Superior Court and discuss its rules about “venue” for civil cases. Venue refers to the specific court location where your case is to be heard. Civil means “not criminal.”

Suppose you are sued and your adversary selected the wrong location (i.e., they are making you go to Stamford but the correct location is Danbury). A rule says that you have a limited period of time to make a motion to dismiss. The rule seems drastic since “dismissed” seems pretty final. Actually, court decisions have firmly established that the case is never to be dismissed; it is simply moved to the correct venue. Got that? You make a motion to dismiss but never expect the case to be dismissed.

And, what if you don’t make your motion in time? No problem. A different rule gives the court discretion to move the case anyway. So, just ask. However, when you ask, refer to a different rule and don’t make a motion to dismiss. Got that? A motion to dismiss is required… but not really.

Oh and by the way, “dismissed” may not be all that final. Some dismissals are “without prejudice” which means you can take another shot.

However, there is a serious underlying policy behind these rules. Our courts (and this applies to just about any jurisdiction, not just Connecticut) prefer to resolve cases on their merits, whenever possible, and not on procedural issues, like the choice of location. For example, in Connecticut, the stated policy is that the rules of venue for civil cases are intended to provide convenience to the parties

For the lawyers who may want to check me out, send an e-mail or use the Comments facility of this blog and I’ll provide a few citations.

Image: From Wikipedia Commons, State Superior Courthouse, built 1784, at head of State Street, New London, CT.

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The Ridgefield area has unfortunately not been immune to the recession, and our office has seen an increase in requests for consultations from employees working in either Connecticut or New York who have been laid off and believe their employers did not appropriately respect their rights.

 Fortunately, several of these disputes are successfully resolved with just a letter. It’s great for the employee and, actually, great for the employer too. Who needs protracted disputes while trying to survive in a tough economy?

 But, to those who are thinking of dispensing with legal advice and writing your own letters, “Don’t try this at home.” When there is a potential dispute, it’s imperative to get both the content and tone right, and that takes expertise. Threats of legal action rarely intimidate a party who has access to competent counsel. What’s even worse is making empty or ill-informed threats about non-existent rights that go nowhere.

 Really good “lawyer letters” do not threaten. A good letter educates the reader as to the specific nature of the rights being asserted on behalf of the client. The tone, whether conciliatory or firm, must always convey a professional respect for the other side and a willingness to work to resolve the issues.

 Sometimes, it can be done with a short letter. Sometimes circumstances require a detailed description of the facts. And, sometimes it works… really well.

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For a small Connecticut town, Ridgefield has an impressive number of cultural resources.  Unfortunately, however, the economic downturn is having an impact on our local arts.  Sponsorship for non-profits like The Ridgefield Playhouse and CHIRP summer concerts has declined, and the future of many programs is at risk.

These organizations are not just sitting idly by, however.  In addition to aggressively campaigning for sponsorships, groups are getting creative.  

After receiving notice of a grant from the Connecticut Commission on Culture and Tourism, the Aldrich Museum has teamed up with the Ridgefield Playhouse to create the “Look. Listen. Stay.” campaign. The initiative will entice visitors to Ridgefield by offering discounts on special cultural programs, restaurants and stays at local inns.  “Look. Listen. Stay.” will run four times, once per month, launching on May 15. The Chamber of Commerce is also participating in the campaign by soliciting its members to offer incentives as part of the package. 

Many of these businesses compete against one another but recognize that cooperation is a stronger tool. Spirited competition and neighboring businesses working together both help vitalize a community. 

Image: Crowd at dusk in front of Aldrich Museum of Contemporary Art.

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The recession has understandably caused a significant increase in the number of people, in Ridgefield and beyond, seeking counsel about employment-related issues, especially severance agreements and COBRA.

COBRA, of course, is the program that mandates that certain discontinuing employees be offered the opportunity to continue health insurance coverage for a limited period of time. Recent changes in COBRA premium subsidies have been enacted as part of the federal economic stimulus program.

I’ve found some interesting information in the Connecticut Employment Law Blog (CELB), one of my favorite sites. Recent CELB posts offer valuable online resources, primarily for employers but also for employees and other lawyers (like us) who counsel individuals and smaller employers.

Two recent posts on CELB discuss: (1) the penalties and other reasons why employers may want to get active in planning for changes to COBRA: Sounding the Alarm Bells: Three Reasons Why Most Employers Should Get Their Act Together on the COBRA Subsidy Provisions; and (2) resources to help employers meet the April 18, 2009, deadline to provide certain notices: COBRA Changes Are Here: Do You Have An Action Plan?

An earlier post pointed to online sites with general information about employment law, including sites featuring an “employee-oriented” perspective: Looking for Other Employment Law Resources? Look Up The "Top 100" Employment Law Blogs.

A still earlier post featured and pointed to resources available online from the Connecticut Department of Labor: Four for...General HR Knowledge for Employers from the Connecticut Department of Labor. These include discussions of federal and state Family Medical Leave Acts, an updated FAQ: site, a site to obtain posters and guide books and an “Employer’s Guide to Unemployment Compensation.”

Links available on the CELB posts take you right to the resources being discussed.

My thanks to Attorney Daniel Schwartz, author of CELB, for alerting us to these valuable resources.

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At a recent meeting of the Ridgefield Rotary Club, I had the opportunity to hear Marion Roth, Executive director of the Chamber of Commerce, speak about some of the new initiatives she and the Chamber’s Board have been working on. Her general goal is to develop a sense of cooperation among the agencies and organizations concerned with economic development, including the Chamber, the Town’s Economic Development Commission and private groups like the Chamber itself and Downtown Ridgefield. One of the Chamber’s most interesting initiatives involves leveraging cultural resources to make Ridgefield a destination for the arts, theatre, restaurants and inns.  The "Look.  Listen.  Stay." initiative will be inaugurated in May, and will coincide with several local events.

These are exciting plans. I regret that for now I can only touch the surface because there is much more to learn about these initiatives and the people, along with Marion, making things happen. Our firm is a member and we’ve supported its past activities (partner Bev, a long time resident, being actively involved). I hope to cover the progress of the new initiatives and report on future developments in greater depth.

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