Page 8 - CLT041221

8 ¦ APRIL 12, 2021 NEWS

¦ From EMPLOYMENT on PAGE 7 Mitchell noted that “different states have different
exclusively in New Hampshire. She was expected laws related to employment, like minimum wage, for
to work in Connecticut every six to 10 weeks. Was example.” And it’s not clear if filing in New Hamp-
she employed in Connecticut or New Hampshire? shire would have made a difference in the outcome,
Could she have sued her employer in New Hamp- Mitchell and Goodbaum said.
shire, rather than Connecticut? This is a question we Dan Schwartz, an employment attorney with Day
will run into a lot, especially with COVID,” said Josh Pitney, echoed their views.
Goodbaum, an employment attorney with Garrison, “Whether a court can exercise jurisdiction over
Levin-Epstein, Fitzgerald & Pirrotti in New Haven. an out-of-state employer because that employer al-
Goodbaum said he doesn’t have a lot of answers lows an employee to work remotely is an interesting
since, in many regards, this is a new issue many judges question,” Schwartz said. “It’s a developing area of
will be tackling due to the impact of the coronavirus the law.”
and more people working remotely in other states. Representing Luth were Zachary Gain and James
Employment attorney Robert Mitchell of Mitch- Sabatini, both with Sabatini & Associates in New-
ell & Sheahan Attorneys at Law in Stratford, said ington. Neither attorney responded to a request for
Wednesday: “Depending on what the rules are in comment Wednesday.
New Hampshire and whether they mirror Connect- Representing the company were Jody Cappello
icut, she could have filed in both jurisdictions, in my and Sidd Sinha, both with Winget, Spadafora &
opinion. This is the new world of virtual employ- Schwartzberg in Stamford. Cappello declined to
ment and these working arrangements will continue comment and Sinha didn’t respond to a request for
and will not end with the retreat of COVID.” comment Wednesday.
Mitchell, who like Goodbaum said there are many ¦

more questions than answers, said that if Luth filed Robert Storace covers legal trends, lawsuits and
in both states, “you then run into questions like what analysis for the Connecticut Law Tribune. Follow
are New Hampshire’s rules relative to employment. him on Twitter @RobertSCTLaw or reach him at
It opens up a whole bag of questions.” 203-437-5950.

Connecticut Litigator Discusses Facebook
Case That Reached US Supreme Court

By Robert Storace

Wilton consumer attorney Sergei Lemberg’s a lot of time professionally. It took up more time than
first case in front of the U.S. Supreme most of my cases. This was an important issue for
Court didn’t go his way—he lost 9-0 on consumers and I wanted to get the right outcome.”
Thursday—but he says he’s happy he went through Lemberg was the lead lawyer in the litigation. He
the experience because of the case’s importance, and represented Montana resident Noah Duguid in a
because it challenged him. putative class action that alleged Facebook violated
“Yes, it was exciting to have a case heard in front of the 1991 Telephone Consumer Protection Act by
the U.S. Supreme Court,” said Lemberg, an attorney sending unwanted text messages to consumers’ cell-
for 20 years who now has his first appearance before phones using an automated dialing system.
the country’s highest court on his resume. “But it was The court unanimously found the TCPA didn’t ap-
not only exciting. It was also challenging, and it took ply to the social media outlet because the technology

CONNECTICUT
Law Tribune