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Faculty in the Courts

The beauty of law as an academic discipline is that creative legal ideas not only provoke conversation they help shape society. Accordingly, the Law School is proud when the work of its faculty is cited by legal decisionmakers. Examples of recent court opinions which include reference to the work of our faculty members appear below:

Please Note: Access to documents on Lexis/Nexis and Westlaw are restricted to subscribers of those services.

  • 2007-11-29: An article of Leslie Levin's was cited in support of the court's decision in Wolters Kluwer Financial Services, Inc. v. Scivantage
    • 07 CV 2352 (HB), 2007 U.S. Dist. Lexis 88052
  • 2007-08-31: The U.S. Court of Appeals for the Second Circuit issued a decision in one of the Asylum Clinic's cases, Vumi v. Gonzales . The decision, written by Judge Guido Calabresi, establishes some important principles about when the arrest and imprisonment of someone who has been accused by a dictatorial government of being involved in a violent attempt to overthrow the regime has been subjected to "persection based on political opinion" (which can be a basis for being granted asylum in the U.S.), as opposed to legitmate prosecution for a crime (which cannot). Jasmina Zecevic '05 and Corey Richter '05, as students in the Asylum Clinic, tried the case in the Hartford Immigration Court. They put on a terrific case, convinced the immigration judge that the clinic client's account of events was credible, and created a strong record for appeal.
  • 2007-01-31: Professor Pomp's testimony is cited in American Power Conversion v. Rhode Island
  • 2007-01-24: Prof. Richard Pomp is cited in Judge Tracey McCooey's decision in VFJ Ventures Inc v. State of Alabama DOR.
  • 2006-12-19: Tom Baker's article Liability Insurance Conflicts and Defense Lawyers was cited in the New York Supreme Court (Appellate Division) decision in Shaya B. Pac. LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
  • 2006-12-16: Professor Pomp co-authored an amicus brief in Bausch & Lomb and Affiliates v. New York Division of Tax Appeals
  • 2006-11-28: Professor Bauer's article, The Character of the Questions and the Fitness of the Process: Mental Health, Bar Admissions and the Americans With Disabilites Act, 49 UCLA Law Rev. 93 (2001), was cited by a federal district court judge in Brewer v. Wisconson Bd. of Bar Examiners.
  • 2006-10-19: In a case of first impression having national significance for the insurance industry, the New Jersey Supreme Court ruled 4-3 in favor of American Fire and Casualty. The case was briefed and argued by Professor Pomp, with substantial assistance from Professors Kay, Day and Lahav.
  • 2006-10-10: The Connecticut Appellate Court upheld a right to counsel claim made by the criminal clinic in a case on which students, working with Timothy Everett, co-wrote the defendant's briefs and which a student, Emily Dean '06, argued in late May. The Appellate Court reversed the defendant's six felony convictions and ordered a new trial.
  • 2006-10-01: Richard Pomp is cited in Central Telephone Company v. E. Norris Tolson, Secretary of Revenue, State of North Carolina
    • Supreme Court of the United States
  • 2006-08-17: In General Motors v. Franchise Tax Board, the California Supreme Court endorses the views of Professor Pomp.
  • 2006-08-10: Professor Leyden is quoted in Pacific Capital Bank, N.A. v. The State of Connecticut.
    • US District Court, District of Connecticut. Civil No. 3:06-CV-28 (PCD)
  • 2006-08-02: Tom Baker's paper 'On the Genealogy of Moral Hazard' (75 Tex. L. Rev. 237, 262 (1996)) is cited in Chauvin v. State Farm Fire & Cas. Co.
    • Civil Action No. 05-6454 Section "R" (4), Unites States District Court for the Eastern District of Louisiana
  • 2006-04-17: Professor Richard Pomp is cited in Word of Life Christian Center v. Mark West, Administrator, Ascension Parish Sales and Use Tax Authority, Louisiana
  • 2006-04-05: Richard Pomp testified as an expert witness in Toys "R" Us, Inc. et al. v. Franchise Tax Board
  • 2006-03-13: Alexandra Lahav's article "Fundamental Principles for Class Action Governance" was recently cited by in two District Court opinions: Freeport Partners, L.L.C. v. Allbritton, 2006 WL 627140 (D.D.C. March 13, 2006); In re Relafen Antitrust Litigation, 231 F.R.D. 52 (D. Mass. 2005).
  • 2006-02-07: Professor Pomp was counsel of record of an amicus brief before the U.S. Supreme Court challenging the constitutionality of state tax incentives.
    • United States Supreme Court
  • 2005-10-11: The Connecticut Appellate Court has reversed a trial court's dismissal of a habeas corpus petition in an appeal brought by the Law School's Criminal Clinic. Judge Antoinette Dupont, writing for the Court in Baker v. Commissioner of Correction (AC 25128), went out of her way to praise the efforts of Catherine Brennan '05 and Jeremy Donnelly '05, who argued the appeal for the petitioner, along with her clinical supervisor: "Counsel for the petitioner and the respondent commissioner of corrections are to be commended for their excellent briefs and oral arguments. Counsel for the petitioner were certified legal interns from the University of Connecticut School of Law criminal clinic under the supervision of Timothy H. Everett, clinical professor of law."
  • 2005-08-10: Professor Sean J. Griffith, the Bill & Nancy Trachsel Corporate Law Scholar, was cited in a major corporate law opinion in the Delaware Court of Chancery. The opinion, In Re: The Walt Disney Company Derivative Litigation, decided Aug. 9, 2005, arose from an executive compensation dispute involving the Walt Disney Company and Michael Ovitz and deals with the issue of whether a new fiduciary duty of good faith has emerged to take its place alongside the traditional duties of care and loyalty. In the opinion, Chancellor Chandler cites Professor Griffith's forthcoming article in the Duke Law Journal, "Good Faith Business Judgment: A Theory of Rhetoric in Corporate Law Jurisprudence," as a particularly cogent explanation of the interrelationship of the duties of care and loyalty.
  • 2005-06-06: Paul Schiff Berman briefed and argued a pro bono appeal in the United States Court of Appeals for the DC Circuit. The case was the subject of a course called Federal Courts and the Appellate Process (Fall, 2004). The decision in the case, Taylor v. US Probation Office et al., was released June 3, 2005.
    • United States Court of Appeals for the District of Columbia Circuit; No. 03-5370
  • 2005-03-09: Professor Richard Pomp successfully argued American Fire and Casualty Company vs. New Jersey Division of Taxes and West American Insurance Company vs. New Jersey Division of Taxation, holding New Jersey's treatment of foreign insurance companies to be unconstitutional. Professor Rick Kay and Professor John Day worked closely with Professor Pomp.
    • Superior Court of New Jersey; Docket No. A-2708-03T2
    • The Opinion
  • 2004-10-28: Professor Richard Pomp is cited in Sherwin-Williams Co. v. Tax Appeals Tribunal of the Department of Taxation and Finance of the State of New York et al.
  • 2004-09-21: Professor Richard Pomp is cited in John Neely Kennedy versus Winn-Dixie LA, et al.
    • 24th Judicial District Court; No. 487-680 C/W 561-806
  • 2004-08-20: Professor Richard Pomp is described as "one of the nation's foremost authorities on state and local tax matters" in Macy's East, Inc. v. Commissioner of Revenue.
    • Supreme Court of the United States; No. 04-252; 2004 WL 1900742; 2004 WL 1900742 (U.S.)
  • 2004-08-19: Professor Richard Pomp is cited in In the matter of Alpharma, Inc.
    • New York State Tax Appeals Tribunal; DTA No. 817895
  • 2004-05-28: Professor Leslie Levin's article, "The Emperor's Clothes and Other Tales About the Standards for Imposing Lawyer Discipline Sanctions" was cited with approval by the Arizona Supreme Court in In Re Peasley.
    • Arizona Supreme Court No. SB-03-0015-D; Disciplinary Commission No. 97-1909
  • 2004-04-22: Professor Paul Chill's book, The Law of Child Abuse and Neglect in Connecticut was cited by Justice Borden in his opinion on In Re Samantha C* (SC16890).
    • Connecticut Supreme Court
  • 2004-03-11: Professor Richard Pomp is quoted in the Matter of the Petition of Disney Enterprises, Inc. & Combined Subsidiaries for Redetermination of a Deficiency or Refund of Corporation Franchise Tax under Article 9-A of the Tax Law for the Fiscal Years Ended September 30, 1990 through September 30, 1995.
    • State of New York Division of Tax Appeals; Determination DTA No. 818378
  • 2003-11-06: Professor Richard Pomp is quoted in Jo-Ann Dark-Eyes v. Commissioner of Revenue Services.
    • Connecticut Superior Court
  • 2003-10-30: Professor Richard Pomp is described as "one of the leading academic authorities in state and local taxation and was qualified as an expert in tax policy" in LANCO, Inc. v. Director, Division of Taxation.
    • Tax Court of New Jersey; Docket No. 005329-97
  • 2003-09-12: Professor Richard Pomp's writings are cited in Glieberman v. Dep't of Treasury.
    • MTT Docket N. 288104
  • 2003-07-25: Professor Richard D. Pomp's writings are cited in Dell Catalog Sales v. Commissioner, Department of Revenue Services.
    • Superior Court, Judicial District of New Britain
  • 2003-07-24: Professor Richard D. Pomp is cited in Anonymous Corporation v. South Carolina Department of Revenue.
    • Docket No. 02-ALJ-17-0350-CC
  • 2003-05-21: Professor Richard D. Pomp is cited in Farmer Bros. Co. v. Franchise Tax Board.
    • 2003 Cal. App. LEXIS 760
  • 2003-04-16: Richard Pomp is referred to as the nation's leading consultant to the states in General Motors Corp. et al. v. Franchise Tax Board
    • California Superior Court; Docket No. BC 269404, Income Taxes--Corporate Income.
  • 2003-04-01: Paul Schiff Berman, assisted by students Benjamin Buckley and Heather Wood, briefed and argued for the appellant in Krishnan v. Barnhart. Oral argument was held on March 11, 2003.
    • United States Court of Appeals for the D.C. Circuit
  • 2003-03-18: Richard Pomp's work, State and Local Taxation, 4th ed., was cited in Kimberly-Clark Corp. v. Alabama.
    • Docket No. CORP. 01-983; CORP 01-995
  • 2002-12-20: Dean Nell Jessup Newton: Can the United States be Held Liable for Its Failure to Maintain Fort Apache?, "Preview of United States Supreme Court Cases," 2002-03 Term, 165-68 (coauthored with Joy Marie Gordon, 3L) and Can the United States be Held Liable for Mismanaging a Tribal Mineral Lease?, "Preview of United States Supreme Court Cases," 2002-03 Term, 169-74.
  • 2002-11-12: Richard Pomp's work on state corporate income taxation was cited in Unisys v. Pennsylvania.
    • 2002 PA Lexis 2226
  • 2002-10-30: Richard Pomp's book, State and Local Taxation, 4th Ed., is mentioned for its "good discussion of the static versus ambulatory approaches" regarding statutory construction in Alabama Power Co. v. State of Alabama.
    • Docket No. S. 02-245
  • 2002-10-17: Richard Pomp is cited in the Matter of the Petition of Alpharma, Inc. for redetermination of a deficiency or for refund of corporation franchise tax under Article 9-A of the tax law for the years 1993, 1994 and 1995.
    • Determination DTA NO. 817895
  • 2002-09-17: Richard Pomp in Exxon Mobile Corporation vs. Ruth Johnson, Commissioner of Revenue, State of Tennessee
    • Chancery Court for the State of Tennessee, 20th Judicial District, Davidson County;
    • Lexis
  • 2002-05-07: Richard Pomp in the Matter of the Secretary of Revenue v. A&F Trademark Inc., et al.
    • State of North Carolina before the Tax Review Board for the County of Wake;
    • Lexis
    • Westlaw
  • 2002-01-25: Richard Pomp in the appeal of Panhandle Eastern Pipe Line Co. and National Helium Corp., et al., from a Denial of Refund of Kansas Corporate Income Tax.
  • 2002-01-11: Jon Bauer as counsel in Andrew Frank Gorski, Hanna Elzbieta Gorski, Debtors; Ricky & Regina Cooper, and Connecticut Commission on Human Rights and Opportunities, Plaintiffs v. Andrew Frank Gorski, Hanna Elzbieta Gorski, Defendants
    • United States Bankruptcy Court for the District of Connecticut; Chapter 7, Case No. 01-22405, Adversary Proceeding No. 01-2120 (January 11, 2002)
    • Lexis
    • Westlaw
  • 2002-01-09: Richard Pomp in CNA Holdings, Inc. v. Director of Revenue
    • Docket No. C.A. No. 01A-03-001-SCD (January 9, 2002)
  • 2002-01-01: Timothy Everett as counsel in Dwayne Johnson v. Commissioner of Correction
  • 2001-10-16: Nell Jessup Newton in United States of America vs James Archambault
    • United States District Court for the District of South Dakota, Central Division, 174 F.Supp.2d 1009 (October 16, 2001)
    • Lexis
    • Westlaw
  • 2001-09-12: Jon Bauer and Elizabeth McCormick as counsel in Connecticut Fair Housing Center, Inc. v. I.S.D.S. Hartford Properties Corp. and J.R. Gillett Realty Corp.
    • United States District Court for the District of Connecticut, Civil Action No. 3:00-cv-1867 (JCH) (September 12, 2001)
    • Lexis
  • 2001-09-12: Richard Pomp in Revenue Department v. Computer Sciences Corporation
    • Docket No. CORP-01-113 (September 12, 2001)
    • Lexis
  • 2001-07-10: Terry Tondro in AvalonBay Communities, Inc. v. Town of Orange
  • 2001-06-29: Nell Jessup Newton in United States v. Enas
  • 2001-06-25: Nell Jessup Newton in Nevada, et al. Petitioners v. Floyd Hicks et al.
  • 2001-06-18: Richard Pomp in the Matter of the Petition of The Sherwin-Williams Company before the State of New York Division of Tax Appeals
    • DTA NO. 816712 (Jun 7, 2001) [2001 STT 117-33 in Tax Analysts, State Tax Today, June 18, 2001]
    • Lexis
  • 2001-05-22: Terry Tondro in Gladysz v. Planning and Zoning Comm'n of Plainville
  • 2000-09-19: Richard Pomp in the matter of the Proposed Corporate Franchise and Income Tax Assessments for Fiscal Years ending January 31, 1992 through January 31, 1994 by the Secretary of Revenue of North Carolina vs. [Taxpayers]
    • Docket No. 97-990 (September 19, 2000)
    • Lexis
  • 2000-07-25: Professor Leslie Levin's article, "The Emperor's Clothes and Other Tales About the Standards for Imposing Lawyer Discipline Sanctions" was cited with approval by the Delaware Supreme Court in In Re Reardon.
    • Delaware Supreme Court, No. 384, 1998, Board Case Nos. 68 & 95, 1997
  • 2000-06-30: Tom Baker in Seider v. O'Connell
  • 2000-04-17: Richard Pomp in Carlisle Engineered Products, Inc. v. State of Alabama Department of Revenue
    • Docket No. U. 99-524 (April 17, 2000)
    • Westlaw
  • 2000-02-25: Richard Pomp in Alexander City Casting Co., Inc v. State of Alabama Department of Revenue.
    • Docket No. S-99-467 (February 25, 2000) Court: Alabama Department of Revenue
    • Lexis
  • 1999-06-15: Lewis Kurlantzick in Recording Indus. Ass'n v. Diamond Multimedia Sys., Inc.
      
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