Thursday, October 15, 2015

Attorney Cody Guarnieri Appointed as Connecticut Bar Association Presidential Fellow

The law firm of Brown, Paindiris & Scott would like to congratulate Attorney Cody N. Guarnieri on his appointment as a Connecticut Bar Association Presidential Fellow. The Presidential Fellowship is a prestigious distinction and is related to a CBA program in its inaugural year. Attorney Guarnieri's Presidential Fellowship is with the Criminal Justice Section of the CBA. As a Presidential Fellow, Attorney Guarnieri is an ex-officio member of the executive committee of the Criminal Justice Section and is expected to be an ambassador to younger and transitioning lawyers in engaging with CBA and Criminal Justice Section programming and professional opportunities. His two year term began on September 18, 2015.

Attorney Guarnieri graduated with honors from the University of Connecticut School of Law in 2012. His legal practice focuses primarily on representing adults and children accused of crimes, defending professional licenses as well as in personal injury and workplace injury matters. He is also the current President of the Hartford Rotary Club. He lives in South Windsor with his wife and son.

Wednesday, October 14, 2015

Class Action Lawsuit Filed for Volkwagen “CleanDiesel” Emissions Fraud

Attorneys Bruce E. Newman and Cody N. Guarnieri commence class action lawsuit against Volkswagen Group of America and its Parent Company Located in Germany.

Cody Guarnieri and Bruce Newman have filed a class action lawsuit on behalf of Drew Mizak of Plainfield, Connecticut, and others similarly situated nationwide, against Volkswagen Group of America, Inc., and Volkswagen Aktiengesellschaft, located in Wolfsburg, Germany. This lawsuit follows the discovery and release of those companies having defrauding consumers worldwide. It is alleged that Volkswagen intentionally misled consumers regarding their "CleanDeisel" automobiles models sold in the United States from 2009 to 2015, including the VW Jetta, VW Beetle, VW Golf, VW Passat and Audi A3, all of which included 2.0L Turbocharged Diesel Injection engines ("TDI"). The German carmaker is claimed to have marketed and sold these models as both highly efficient and emissions reducing. In reality, Attorneys Newman and Guarnieri allege, Volkswagen installed a "defeat device" in the form of sophisticated software was installed in these models which only suppressed emissions to comply with the Clean Air Act when subjected to federal testing. Under non-test conditions, these automobiles are alleged to have emitted up to 40 times the allowable emissions under federal standards.
This is believed to be the first and only claim brought in the Federal District of Connecticut to date, and one of few in New England, as well as which incorporate claims against the German parent company of Volkswagen. Up to 500,000 cars are believed to be effected in the United States, as well as more than another 10.5 million worldwide.

If you are an owner or lessee of an affected car or have questions, call Attorney Guarnieri at (860) 522-3343 or Attorney Newman at (860) 583-5200.

Tuesday, October 13, 2015

"Secret" Probate Lien Went into Effect Oct. 1

Connecticut Public Act 15-05 Introduces a New Unrecorded Probate Fee Lien Upon the Death of the Owner of Connecticut Real Estate

Upon the death of an owner of Connecticut real property, Connecticut General Statute §12-398(d) creates an inchoate estate tax lien in favor of the state. Often called a “secret” lien, it is not recorded on the title but a release must be obtained and recorded before the new owner can convey clear title to a buyer.

Now, with the passage of Section 454 of Public Act 15-05, there is a new inchoate or “secret” lien to be aware of when a property is being sold by an estate or beneficiary. This section creates a lien in favor of the State to secure the probate fees payable by the estate. Similar to the inchoate estate tax lien, any person buying real property from a title successor is charged with notice of its existence even though it is not recorded.

This lien will impact all real estate practitioners who represent a buyer in a real estate transaction from an estate or beneficiary of any estate. In addition to requiring the release of the Connecticut estate tax lien, counsel will now also need to require from seller a release of the lien for probate fees from the probate court. This process will represent another step that may require some lead time and it is best to be mindful of the logistics involved in this new process. 

If you have any questions about this or any real estate matter, contact the real estate attorneys at Brown, Paindiris & Scott at 860-659-0700.