All lawyers should include basic provisions in contracts for their clients. One basic provision designates or chooses the state's law that applies. If your client has the bargaining power, and is located in Connecticut, well, you choose Connecticut. But the language you use in your "choice of law" provision is critical. Simply stating that, for example, "Connecticut law governs the interpretation and enforcement of this agreement" will not guarantee that Connecticut law applies to extra-contractual torts.
Connecticut Unfair Trade Practice Act (CUTPA)
On the same day that the Connecticut Supreme Court announced an important unfair trade practice decision, read my comments about that decision here in the Connecticut Law Tribune, it announced another decision that received less attention but is just as important.
Under Connecticut’s Unfair Trade Practice statute, CUTPA as its commonly known, parties are required to provide the Attorney General’s office with a copy of any complaint seeking relief under the statute. Until recently, lawyers had to mail a copy of the complaint, and allege they did so in the body of the complaint. Now, the Attorney General’s office accepts them electronically for faster review by the trade practice division to determine if the division wants to get involved.
An October 2012 article in the “Connecticut Law Tribune” titled, “Man’s Death In Romania Prompts Federal Lawsuit,” highlighted Tony Minchella’s deep experience litigating unfair trade practice claims. The magazine’s October 2012 article outlined a lawsuit concerning former Sacred Heart University basketball star, Chauncey Hardy, who was playing professionally in Romania, and was beaten to death in a Bucharest pub in 2011.