[Download] "Morascini v. Commissioner of Public Safety" by Supreme Court of Connecticut " Book PDF Kindle ePub Free
eBook details
- Title: Morascini v. Commissioner of Public Safety
- Author : Supreme Court of Connecticut
- Release Date : January 28, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
This case raises several significant issues on appeal. First, as a matter of first impression for this court, we must determine the proper standard of review that a trial court should exercise in reviewing an arbitration decision involving the interpretation and application of rule 5.6 of the Rules of Professional Conduct. We conclude that in such a case, de novo review, rather than the traditional, more deferential review afforded to arbitration decisions, is proper. Second, we must determine whether a forfeiture upon competition provision in an employment agreement, as applied to postemployment benefits that become available to former law firm partners without regard to whether those partners fully retire from the practice of law, violates the public policy embodied in rule 5.6. We conclude that, for the purposes of eligibility to collect such benefits, public policy does not require the absolute cessation of the practice of law as a condition of retirement. Finally, we must determine whether an arbitrator violated public policy by invoking a savings clause provision in an employment agreement in order to preserve a forfeiture upon competition provision that otherwise would have violated the public policy underlying rule 5.6. We conclude that such action, when undertaken pursuant to a valid arbitration agreement, does not violate public policy.