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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/resndjmts0042 and id is 1 raw text is: JUDGMENTS 2D CHAPTER 1. INTRODUCTION Relation Between Law of Res Judicata and Law of Procedure Conn.App.2020. Quot. in sup. (cit. as Introduction). Attorney filed a motion with the statewide grievance committee, requesting that it vacate an order it had issued nearly four years prior, in which it sanctioned him for violating the rules of professional conduct in connection with a transaction in which he borrowed money from a client. After the committee denied his request, the trial court granted its motion to dismiss attorney's appeal for lack of jurisdiction. This court affirmed, holding that attorney's motion was an improper attempt to relitigate the committee's original sanction order, from which attorney failed to appeal and as to which he had previously waived his right to appeal. The court cited the Restatement Second of Judgments for the proposition that a party should not be able to relitigate a matter that it had already had an opportunity to litigate. Peck v. Statewide Grievance Committee, 232 A.3d 1279, 1290. CHAPTER 2. VALIDITY OF JUDGMENTS TOPIC 2. TERRITORIAL JURISDICTION § 5. Jurisdiction Over Persons N.Y.Sup.Ct.App.Div.2020. Cit. in sup. Former client of registered broker filed a petition to confirm an arbitration award it obtained against broker. The trial court denied broker's motion to vacate the award, in which she argued that she did not receive actual notice of the arbitration and that the procedure used to serve the notice-certified mail at her designated residence-deprived her of her right to due process, because client knew that she could be contacted by email and that she spent long periods of time away from her residence. Affirming, this court held that broker failed to demonstrate any basis to vacate the award, because it was undisputed that she agreed to arbitrate, and the arbitrator determined that she was properly served in accordance with the agreed-upon arbitration rules. The court cited Restatement Second of Judgments § 5 in explaining that parties could agree to substitute a different method for the adjudication of their disputes than those otherwise available to them in public courts of law. New Brunswick Theological Seminary v. Van Dyke, 125 N.Y.S.3d 153, 157. TOPIC 3. SUBJECT MATTER JURISDICTION § 11. Subject Matter Jurisdiction C.A.5, 2020. Com. (e) quot. in disc. Former employees who were hired as trainee pilots when they were over 40 years old sued former employer in state court, alleging that it discriminated against them based COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved AIJI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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