March 2009

Connecticut Supreme Court Briefs Online

by Lee Gesmer on March 18, 2009

Here’s a link to Connecticut Supreme Court Briefs Onlne, a WordPress blog managed by members of the Connecticut bar who attempt to post the briefs in every case that is argued before the Connecticut Supreme Court.  The site also posts a short description of the issue in each case, the decision (when it becomes available) and a video of argument before the Court (also when available).

It would be great if every state did this, and if there were a centralized site that provided access to each state (… Read the full article

“Justice belongs to those who claim it, but let the claimant beware lest he create new injustice by his claim and thus set the bloody pendulum of revenge into its inexorable motion”

Frank Herbert


For those who have access to the American Lawyer (and I realize that at $430/year that’s a tiny percentage of lawyers, and almost no non-lawyers), there’s a interesting article in the March 2009 issue on the impact the Roberts Court’s patent rulings in appeals from the CAFC (six cases, six reversals) has had on the CAFC. The article, titled “The Error of Their Ways,” shows the extent to which the USSC is pushing the CAFC in the direction of a more moderate (less permissive) application of patent law. According to this article, the Supreme Court has the CAFC questioning everything they have ever known about patent law. If this article is to be believed, the Supreme Court has effected a major retrenchment in U.S.… Read the full article

Recently my partner Joseph Laferrera has given a series of presentations and webinars on the controversial new Massachusetts data security regulations. Information on his upcoming webinar with Ntirety (a database administrator and client of our firm), on April 2, 2009 at 10:00 a.m., is available at this link.

A copy of the slides Joe is using now (they change often, based on developments), is on, here:

The New Standard – Massachusetts’ Sweeping New Data Protection Rules

Read the full article

“We will sell to no man … Justice” Magna Carta (1297)

“If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That’s flexibility.” Supreme Court Justice Antonin Scalia

“In civilized life, law floats in a sea of ethics” Former Supreme Court Justice Earl Warren

…. “nor shall any State deprive any person of life, liberty, or property, without due process of law” … Fourteenth Amendment to the United States Constitution


Should the Supreme Court extend the Due Process Clause of the Fourteenth Amendment to create a constitutional right to a fair tribunal in the state courts? That’s the issue facing the Court in Caperton v. A.T. Massey Coal Co., which was argued before the Court last week.… Read the full article