FLB Insights

How Connecticut Defendants Can Limit Their Liability Amid Soaring Personal Injury Verdicts
blog, litigation Esther Rose blog, litigation Esther Rose

How Connecticut Defendants Can Limit Their Liability Amid Soaring Personal Injury Verdicts

Personal injury verdicts in Connecticut are reaching record levels. In recent years, juries have awarded tens of millions of dollars in damages, including a $100 million verdict in 2022 and a $45 million award in 2023. These cases, often involving catastrophic injuries and corporate defendants, highlight the need for defendants to take a proactive, strategic approach to mitigate risk.

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How SCOTUS’s “Reverse Discrimination” Ruling, “McDonnell Douglas” Opinion Will Impact Connecticut Employers
employment, blog Esther Rose employment, blog Esther Rose

How SCOTUS’s “Reverse Discrimination” Ruling, “McDonnell Douglas” Opinion Will Impact Connecticut Employers

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision holding that so-called “reverse discrimination” claims under Title VII are to be evaluated under the same standard as claims brought by historically disadvantaged groups. In a concurring opinion, two justices questioned the continued validity of the long-standing “McDonnell Douglas” framework used when there is no direct evidence of discrimination. This ruling, along with the concurring opinion, carries important implications for employers in Connecticut.

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Connecticut Appellate Court Limits Scope of Litigation Privilege to Exclude Allegations That Fall Outside the Judicial Process
blog, litigation Esther Rose blog, litigation Esther Rose

Connecticut Appellate Court Limits Scope of Litigation Privilege to Exclude Allegations That Fall Outside the Judicial Process

Connecticut courts have long applied the litigation privilege to shield lawyers and others from civil liability for statements made during legal proceedings. The doctrine encourages candid advocacy without fear of lawsuits. While courts have recently expanded these protections, a recent appeals case narrowed the scope, excluding alleged conduct occurring outside or before litigation.

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Arbitration Clauses Can Protect Consumer-Facing Businesses, but They Can Be a Double-Edged Sword
blog, litigation Esther Rose blog, litigation Esther Rose

Arbitration Clauses Can Protect Consumer-Facing Businesses, but They Can Be a Double-Edged Sword

In an increasingly litigious society, companies that provide products and services directly to the public worry about the potential high costs of litigation. In an attempt to limit their exposure, many consumer-facing businesses include arbitration provisions in their customer contracts. But as some high-profile businesses have discovered, the use of arbitration clauses can backfire and wind up costing them more.

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SCOTUS Decision Lowers Threshold for Discrimination Lawsuits for Job Transfers
blog Esther Rose blog Esther Rose

SCOTUS Decision Lowers Threshold for Discrimination Lawsuits for Job Transfers

A recent U.S. Supreme Court ruling will make it easier for employees to bring discrimination claims against their employers for job transfers and other lateral job changes. In Muldrow v. City of St. Louis, the high court held that Title VII of the Civil Rights Act prohibits discriminatory job transfers even if the transfer does not cause “significant harm” to the employee. In ruling that an employee need only show “some harm” with respect to an identifiable term or condition of employment, the court may have opened the door to a broader scope of bias lawsuits.

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Connecticut Legislators Consider Reductions to Personal Injury Awards Involving Collateral Source Payments   
insurance, litigation, blog Esther Rose insurance, litigation, blog Esther Rose

Connecticut Legislators Consider Reductions to Personal Injury Awards Involving Collateral Source Payments   

In Connecticut, lawmakers are considering a bill that would reduce economic damages in personal injury and wrongful death awards where a third party has a right of subrogation arising from collateral source payments. Senate Bill 213, which is currently before the Connecticut General Assembly’s Committee on the Judiciary, has widespread support from the defense bar and industry groups, while the plaintiffs’ bar argues it would unfairly impact those harmed by negligent actions.

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