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Professional Responsibility Keyed to Martyn
Neumann v. Tuccio
Citation:
2009 WL 2506357 (Conn. Super. Ct.)Facts
Neumann (Plaintiff) filed a vexatious litigation action against Tuccio (Defendant). Tuccio, a developer-builder in the construction industry, had sued Neumann, a real estate agent, for slander in a previous lawsuit, and the court eventually granted Neumann’s motion for a directed verdict, finding that Tuccio had failed to establish a prima facie case. Neumann then brought the current action, seeking damages stemming from the previous vexatious litigation. Neumann filed a motion to disqualify Tuccio’s counsel on the basis that his attorneys would be necessary witnesses to the vexatious litigation action because they had represented Tuccio in the slander litigation and thus would be required to testify.
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