26.7 Attachment. In 2004 and 2005, Kent Avery, on behalf of his law firmthe Law Office of...

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26.7 Attachment. In 2004 and 2005, Kent Avery, on behalf of his law firm—the Law Office of Kent Avery, LLC—contracted with Marlin Broadcasting, LLC, to air commercials on WCCC-FM, 106.9 “The Rock.” Avery, who was the sole member of his firm, helped to create the ads, which solicited direct contact with “defense attorney Kent Avery,” featured his voice, and repeated his name and experience to make potential clients familiar with him. When WCCC was not paid for the broadcasts, Marlin filed a suit in a Connecticut state court against Avery and his firm, alleging an outstanding balance of $35,250. Pending the court’s hearing of the suit, Marlin filed a request for a writ of attachment. Marlin offered in evidence the parties’ contracts, the ads’ transcripts, and WCCC’s invoices. Avery contended that he could not be held personally liable for the cost of the ads. Marlin countered that the ads unjustly enriched Avery by conferring a personal benefit on him to Marlin’s detriment. What is the purpose of attachment? What must a creditor prove to obtain a writ of attachment? Did Marlin meet this test? Explain. [Marlin Broadcasting, LLC v. Law Office of Kent Avery, LLC, 101 Conn.App. 638, 922 A.2d 1131 (2007)]

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Business Law Today Comprehensive

ISBN: 9780324595741

8th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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