Long Form (multi topic, hourly/full show)

Zander in riding a school bus and is injured by other students.  His parents sue the Town of Stamford.  The Town says "We've got governmental immunity and the exemption does not apply to this case."  What's this "governmental immunity" stuff?  and who wins on this issue?  Are you a tenant with a pest infestation and a non-responsive landlord? Do what Sharona did.  The new term we're going to learn from this case: "retroactive rent abatement."  How to hold the owners/members of a Limited Liability Company personally liable for the bad acts of the (often insolvent) LLC through which they operate.  Another homeowner fraud case:  a warning to sellers and their listing agents.

Calls:   Are "overdraft fees" charged by Banks a form of Loansharking?  Spoiler Alert:  nope

Zander in riding a school bus and is injured by other students.  His parents sue the Town of Stamford.  The Town says "We've got governmental immunity and the exemption does not apply to this case."  What's this "governmental immunity" stuff?  and who wins on this issue?  Are you a tenant with a pest infestation and a non-responsive landlord? Do what Sharona did.  The new term we're going to learn from this case: "retroactive rent abatement."  How to hold the owners/members of a Limited Liability Company personally liable for the bad acts of the (often insolvent) LLC through which they operate.  Another homeowner fraud case:  a warning to sellers and their listing agents.
Calls:   Are "overdraft fees" charged by Banks a form of Loansharking?  Spoiler Alert:  nope

Attorney John Matulis answers your legal questions on WTIC's Law Talk

Law Talk

Law Talk 8-17-24

A major settlement here in Connecticut with a "Ghost Guns" manufacturer – and a warning to listeners that since 2019, it's been illegal in Connecticut to sell OR PURCHASE ghost gun parts.

2.  We visited a recent jury verdict in a slip and fall case involving a fall on ice covered with snow – and explained how the meteorologist hired by the plaintiff convinced the jury to award the injured lady an amount that's something like 20 times the last, best offer from the defendant's insurer.  Sometimes you just have to go to trial...

The rest was calls.
a.  A man in Enfield wanted help suing his landscaper for using bentgrass seed when they re-seeded his lawn and , according to the caller, wrecked it completely.
b.  fascinating call from a guy in Avon who had a rear-end accident case with a horrible outcome medically.  All he wanted to know was how he could collect for his "pain and suffering" without having to use a lawyer.  As one of the LawTalk guests said years ago in response to a similar question from a listener:  "Well, I suppose you could do your own dental work, too, if that's what you want to do.  But why would you?

A major settlement here in Connecticut with a "Ghost Guns" manufacturer – and a warning to listeners that since 2019, it's been illegal in Connecticut to sell OR PURCHASE ghost gun parts.
2.  We visited a recent jury verdict in a slip and fall case involving a fall on ice covered with snow – and explained how the meteorologist hired by the plaintiff convinced the jury to award the injured lady an amount that's something like 20 times the last, best offer from the defendant's insurer.  Sometimes you just have to go to trial...
The rest was calls. a.  A man in Enfield wanted help suing his landscaper for using bentgrass seed when they re-seeded his lawn and , according to the caller, wrecked it completely. b.  fascinating call from a guy in Avon who had a rear-end accident case with a horrible outcome medically.  All he wanted to know was how he could collect for his "pain and suffering" without having to use a lawyer.  As one of the LawTalk guests said years ago in response to a similar question from a listener:  "Well, I suppose you could do your own dental work, too, if that's what you want to do.  But why would you?

Law Talk 9-7-24

1.  Mechanic's Liens revisited:  Eric has a dispute with the roofer who put a new roof on his house.  The roofer puts a Mechanic's Lien upon the title to Eric's house.   What did the Judge do with the Mechanic's Lien, and what can we all (contractors and homeowners) learn from the case?
2.  A Jury awards a massive amount of punitive damages against a Connecticut municipality for discriminating against people with disabilities.  How much is "too much?"  The Second Circuit Court of Appeals gives guidance.  Spoiler alert: look at the ratio of punitive damages to compensatory damages.

We only had one airable call:  Gentleman asked about what happens when an Irrevocable Trust terminates, and what are the tax consequences for the beneficiaries who receive the final distributions?

1.  Mechanic's Liens revisited:  Eric has a dispute with the roofer who put a new roof on his house.  The roofer puts a Mechanic's Lien upon the title to Eric's house.   What did the Judge do with the Mechanic's Lien, and what can we all (contractors and homeowners) learn from the case? 2.  A Jury awards a massive amount of punitive damages against a Connecticut municipality for discriminating against people with disabilities.  How much is "too much?"  The Second Circuit Court of Appeals gives guidance.  Spoiler alert: look at the ratio of punitive damages to compensatory damages.
We only had one airable call:  Gentleman asked about what happens when an Irrevocable Trust terminates, and what are the tax consequences for the beneficiaries who receive the final distributions?

Law Talk 8-31-24

1.The story of Meril and her emotional support parrots:  How the landlord tried to evict them, what happened, and the take-aways for our landlord listeners and our tenant listeners.  With a guest appearance by veteran Executive Producer Joey Bourgoin, we did a "Joey be the Judge" segment to see how an insightful layperson would size up the situation compared to what happened at Court.

2.We did updates on "Non-Compete Clauses" in employment agreements in light of the Federal Trade Commission's efforts to invalidate them and the numerous law suits seeking to rein in the FTC on this issue.

3.  We reviewed a bitter dispute between two neighbors and what the trial judge did with their claims.  spoiler alert:  both parties lost!
Take-away:  the Judges  dislike childish conduct and will look for a reason not let the Courts be used as a means primarily to cause pain to a neighbor that you don't like...
Listener calls:
a.  Tax Deduction issue:  If dad gave his house to daughter, but continued paying the mortgages and real property taxes, who gets to claim the income tax deduction?  Note:  there are other, more subtle tax issues in this scenario, as we pointed out in providing an answer.
b.  if a utility customer whose obligation to pay their bill was deferred during the Covid emergency, and the customer then dies, who pays the unpaid bill?  

1.The story of Meril and her emotional support parrots:  How the landlord tried to evict them, what happened, and the take-aways for our landlord listeners and our tenant listeners.  With a guest appearance by veteran Executive Producer Joey Bourgoin, we did a "Joey be the Judge" segment to see how an insightful layperson would size up the situation compared to what happened at Court.
2.We did updates on "Non-Compete Clauses" in employment agreements in light of the Federal Trade Commission's efforts to invalidate them and the numerous law suits seeking to rein in the FTC on this issue.
3.  We reviewed a bitter dispute between two neighbors and what the trial judge did with their claims.  spoiler alert:  both parties lost! Take-away:  the Judges  dislike childish conduct and will look for a reason not let the Courts be used as a means primarily to cause pain to a neighbor that you don't like... Listener calls: a.  Tax Deduction issue:  If dad gave his house to daughter, but continued paying the mortgages and real property taxes, who gets to claim the income tax deduction?  Note:  there are other, more subtle tax issues in this scenario, as we pointed out in providing an answer. b.  if a utility customer whose obligation to pay their bill was deferred during the Covid emergency, and the customer then dies, who pays the unpaid bill?

Law Talk 8-17-24

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