Why would you want to sue your neighbor? Well, first, think very carefully about it before you do it. These cases are emotional, expensive, and rarely give you a real good sense of relief in the end. At least that's my experience.
I have taken a keen interest in Connecticut’s new SLAPP statute and written about it here. I was scheduled to moderate a panel discussion recently at the Raymond E. Baldwin Inn of Court recently but an out-of-state deposition kept me from doing it. So I need another dose of the special motion to dismiss.
Yes, of course you can, if he or she is doing some very bad things. You see, partners get into disputes all the time. Disagreements happen, whether they are between partners in a limited liability company, a true partnership, or shareholders in a closely-held corporation. And sometimes those disagreements are pretty serious, like when one partner steals money from the company. Or, maybe one of the partners starts a competing business and takes away the company’s customers. That kind of stuff gets serious, and is not the kind of behavior partners can (or should) turn their back on.
When does a prevailing party have to apply for an award of attorney's fees in Connecticut state court? Lawyers received an answer from the Connecticut Appellate Court last week in Meadowbrook Center, Inc. v. Buchman. You can read the decision here. We've discussed attorney's fees before, which you can read here and here.
Businesses now have a good case to support recovery of attorney's fees just for scrambling to court to keep a former employee from violating a non-competition or non-solicitation agreement, even if the company has suffered no other harm. You can catch up on non-competition agreements by reading this.
Back to the Connecticut Supreme Court's decision in RBC Nice Bearings, Inc. v. SKF USA, Inc., a fun UCC read for any law junky. You can read my first post on this case here. Manufacturers (if there are any left in Connecticut...) should pay attention to this case. This case is really, really interesting.