Recent Decisions

Connecticut Supreme Court

Huertas v. Commissioner of Correction

Gonzalez Analysis Also Applies To Plea And Sentencing Hearings

May 20, 2013 | The Connecticut Law Tribune

In the companion case of Gonzalez v. Commissioner of Correction, the Supreme Court concluded "that the habeas petitioner had a sixth amendment right to the effective assistance of counsel at the arraignment stage in which proceedings pertaining to the setting of bond and credit for presentence confinement occurred because it is clear that potential substantial prejudice to the petitioner's right to liberty inhered to the arraignment proceedings and the petitioner's counsel had the ability to help avoid that prejudice by requesting that the bond on [previous arrests] be raised at the arraignment on [a subsequent] arrest."

• Civil Rights & Constitutional Law

U.S. District Court

Liquore v. Whitney Trucking Inc.

Estate Alleged Tractor-Trailer Driver's Employer Was Reckless

May 20, 2013 | The Connecticut Law Tribune

Allegations that an employer hired an employee with a criminal record, who did not meet physical requirements for truck drivers, and that the employer did not require substance abuse tests, can be sufficient to allege that the employer was reckless.

U.S. District Court

Harris v. American Industries Inc.

American Industries To Pay $34,061 Mine Safety Penalty

May 20, 2013 | The Connecticut Law Tribune

Pursuant to a request by the U.S. Department of Labor, the District Court possesses the power to enforce a civil penalty issued by the Mine Safety and Health Administration.

• Labor and Employment Law

U.S. District Court

Morales v. Chapdelaine

Prisoner Asked District Court To Appoint Independent Investigator

May 20, 2013 | The Connecticut Law Tribune

The District Court does not possess the power to appoint a magistrate judge to serve as an independent investigator of a habeas petitioner's claim that he was falsely identified.

• Criminal Law

U.S. District Court

de la Cruz v. U.S.

Plea Was Knowingly Made, Regardless Of 56 On IQ Score

May 20, 2013 | The Connecticut Law Tribune

Evidence that a petitioner was able to maintain employment, pay bills timely and make decisions about the education of her children, and that she orally indicated that she comprehended criminal charges and the legal process, may be sufficient to establish a petitioner pled guilty knowingly, intelligently and voluntarily, even if an expert opines that the petitioner could be mildly mentally retarded.

• Criminal Law

U.S. District Court

Briggs v. Bremby

Food Stamp Suit With Up To 3,600 Members Won Class Certification

May 20, 2013 | The Connecticut Law Tribune

A complaint that alleges systematic failure of a government agency to fulfill statutory requirements can be suitable for class-action certification, pursuant to Federal Rules of Civil Procedure 23(b)(2).

• General Civil Practice

Gaming Disputes Court of Appeals

Fernandez v. Mohegan Tribal Gaming Authority

Slip-And-Fall Plaintiff Failed To Prove Constructive Notice

May 20, 2013 | The Connecticut Law Tribune

A duration of approximately 10 minutes between when liquid falls on the floor and a customer slips and falls can be insufficient to provide constructive notice to a defendant about the presence of the liquid.

Gaming Disputes Trial Court

Mock v. Mohegan Tribal Gaming Authority

Waiver Of Immunity Does Not Extend To Joint Venture Claim

May 20, 2013 | The Connecticut Law Tribune

The waiver of sovereign immunity in The Mohegan Torts Code for "persons with tort claims arising under this Code" does not extend to causes of action not recognized under Connecticut law.

Statewide Grievance Committee

Ricano v. Fordiani

Attorney Who Allegedly Failed To Forward Money Paid Restitution

May 20, 2013 | The Connecticut Law Tribune

An attorney can be disciplined even if the attorney pays restitution and makes the complainant whole.

Statewide Grievance Committee

Michalek v. Sholovitz

Fee For Unsuccessful Attempt To Settle Fee Dispute Was Too High

May 20, 2013 | The Connecticut Law Tribune

An attorney who allegedly charges an unreasonable fee violates Rule 1.5(a) of the Rules of Professional Conduct.

Statewide Grievance Committee

Lagasse v. Garver; Lagasse v. Sherlock

Allegedly Attorney Failed To Inform Client Case Was Dismissed

May 20, 2013 | The Connecticut Law Tribune

An attorney who allegedly indicates that he is continuing to litigate a client's case, although his client's case has been dismissed, engages in misleading conduct, in violation of Rule 8.4(3) of the Rules of Professional Conduct.

Statewide Grievance Committee

Krish v. McCarthy

Lawyer Who Allegedly Failed To File Judgment Lien Not Diligent

May 20, 2013 | The Connecticut Law Tribune

A lawyer who allegedly does not file a judgment lien on property, to secure a judgment, is not diligent, in violation of Rule 1.3 of the Rules of Professional Conduct.

Statewide Grievance Committee

Doran v. Piombino

Allegedly, Lawyer Did Not Return Calls About Retirement Account

May 20, 2013 | The Connecticut Law Tribune

A lawyer who allegedly fails to return phone calls and to communicate with his client can violate Rule 1.4 of the Rules of Professional Conduct.

Statewide Grievance Committee

Aljahmi v. McCann

Allegedly Seller Was Unaware When Buyer Defaulted On Escrow

May 20, 2013 | The Connecticut Law Tribune

An attorney, who consents to act as an escrow agent, may not communicate adequately, if the attorney fails to inform a client that another party is in default on the escrow.

State Elections Enforcement Commission

Complaint by: Wallace

Parole Officer Alleged Parolee Helped With Absentee Ballots

May 20, 2013 | The Connecticut Law Tribune

Individuals who assist other individuals with absentee ballots may be required to sign the absentee ballots.

State Elections Enforcement Commission

Complaint by: Jenkins

Former Treasurer Did Not Timely Disclose Town Committee Expenses

May 20, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §9-608 requires that a town committee timely report expenditures for advertising and rental equipment.

Citizen's Ethics Advisory Board

Advisory Opinion 2013-2

State Legislators May Accept State Legal Representation

May 20, 2013 | The Connecticut Law Tribune

A state legislator, who is a respondent in a proceeding before the Freedom of Information Commission, may accept state-provided legal representation.

U.S. Court of Appeals for the 2nd Circuit

Flaquer v. U.S.

Habeas Petitioner Alleged Failure To Call Driver Was Ineffective

May 20, 2013 | The Connecticut Law Tribune

To prove that trial counsel provided ineffective assistance at sentencing, a petitioner may be required to prove that trial counsel's decision was unreasonable and that the petitioner suffered prejudice as a result.

• Criminal Law

U.S. Court of Appeals for the 2nd Circuit

Klimas v. Lantz

Inmate Protested Restrictions On Hells Angels' Motorcycle Mail

May 20, 2013 | The Connecticut Law Tribune

Prison regulations that restrict inmates' rights to receive mail are valid, if the regulations are reasonably related to legitimate, penological interests, and they do not result from exaggerated responses to prison officials' concerns.

• Civil Rights & Constitutional Law

Superior Court

Whitnum v. Robinson

Plaintiff Alleged Negligence Per Se Pursuant To Harassment Statute

May 20, 2013 | The Connecticut Law Tribune

Allegations that the defendants posted bulletins about the plaintiff on a Web site, and that the plaintiff suffered from emotional distress, ridicule, loss of job opportunities, financial damages, loss of public esteem and hardship, may be sufficient to allege negligence per se, pursuant to Connecticut's criminal harassment statute, Connecticut General Statutes §53a-183.

• Internet and Technology Law

Superior Court

Stovall v. Holzner

Trespasser Allegedly Broke Leg When Backing Onto Leased Land

May 20, 2013 | The Connecticut Law Tribune

Defendants who lease property may not owe a duty to a trespasser who allegedly backs onto the leased property in an attempt to avoid an assault.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

The Neighborhood Association Inc. v. Limberger

Condo Owner Was Unaware Of New Proposal To Collect Fees

May 20, 2013 | The Connecticut Law Tribune

A condo association may not be required to inform a condo owner about a new proposal to collect fees, if the new proposal does not regulate the conduct of persons or use or appearance of property.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

Kemper Independence Insurance Co. v. Stasiewski

Insurer Failed To Prove Lawyer Will Be Necessary Trial Witness

May 20, 2013 | The Connecticut Law Tribune

Absent evidence that a lawyer will be a necessary witness at trial, a court can deny a motion to disqualify the lawyer.

• Insurance Law

Superior Court

Disciplinary Counsel v. Ciarcia

Attorney Who Pled Guilty To Bribery Suspended 23 Months

May 20, 2013 | The Connecticut Law Tribune

A court can suspend an attorney who pleads guilty to a serious crime and order the attorney to pass the multi-state professional responsibility exam, prior to applying for reinstatement.

Superior Court

Freedom of Information Officer v. Freedom of Information Commission

Med Exams Of Arsenic And Old Lace Murderer Exempt From Disclosure

May 20, 2013 | The Connecticut Law Tribune

Documents that result from a convicted individual's physical and dental exams may not pertain to a legitimate matter of public concern and may be highly offensive, if disclosed.

• Health Law

Superior Court

Sorrell v. Sorrell

Parents Fined $50 For Failure To Take Parenting Ed

May 20, 2013 | The Connecticut Law Tribune

A court can find that a party who allegedly did not follow a court order to take a parenting education course is in contempt of court.

• Family Law

Superior Court

Petrone v. Connolly

Motion To Disqualify GAL Denied, Absent Proof Of Bias

May 20, 2013 | The Connecticut Law Tribune

Grounds exist for disqualification, if the guardian ad litem knowingly communicates false information, with intent to affect a parent or guardian's right to visitation.

• Family Law

Superior Court

Saylavee LLC v. Hunt

Two-Year Agreement Not To Compete Is Enforceable

May 20, 2013 | The Connecticut Law Tribune

A court can find that a non-compete contract that prevents a former employee from working for a competitor within 10 miles of a former employer for two years is enforceable.

• Labor and Employment Law

Superior Court

State v. Narcise

Defendant Allegedly Attacked Stranger With Wine Glass Stem

May 20, 2013 | The Connecticut Law Tribune

To prevail on a defense of not guilty as a result of mental disease or defect, a defendant must prove: 1.) he suffers from a mental disease or defect that was not caused by consuming a drug; and 2.) he lacks substantial capacity to comprehend the wrongfulness of or to control his conduct.

• Criminal Law

Superior Court

State v. Lombardi

Defendant Arrested For Disorderly Conduct Sought AR

May 20, 2013 | The Connecticut Law Tribune

A court possesses discretion to deny a request for accelerated rehabilitation for an individual charged with disorderly conduct.

• Criminal Law

Superior Court

State v. Kader

Defendant Was Arrested Nearly 15 Months After Warrant Issued

May 20, 2013 | The Connecticut Law Tribune

A court can find that a delay of nearly 15 months between the date that an arrest warrant is issued and the date that a defendant is arrested is not reasonable.

• Criminal Law

Superior Court

Cefaratti v. Aranow

Continuing Course Of Treatment Failed To Save MedMal Action

May 20, 2013 | The Connecticut Law Tribune

Absent evidence that a doctor or hospital possessed actual knowledge that a surgical sponge was left in a patient after surgery, the statute of limitations may not be tolled as a result of the continuing course of treatment or conduct doctrines, even if the patient continues to visit the doctor.

• General Civil Practice

Superior Court

G.J. Swanson LLC v. Cehovsky

No Proof Clambake Cooks Misappropriated Trade Secrets

May 20, 2013 | The Connecticut Law Tribune

Absent allegations that a former employer provided confidential or secret recipes or cooking techniques, the employer may not be able to prove former cooks misappropriated trade secrets.

• Corporate & Business Law

Connecticut Appellate Court

Sargis v. Donahue

Judgment N.O.V. Was Reversed Given Adequate Causation Evidence

May 20, 2013 | The Connecticut Law Tribune

As stated in the 2006 Appellate Court case of Medes v. Geico Corporation, "it [is] the jury's task to determine the credibility of the witnesses, including experts, and to weigh the evidence."

• Health Law

Connecticut Appellate Court

In Re: Journey L.

Parental Rights To Each Of Four Children Were Terminated

May 20, 2013 | The Connecticut Law Tribune

Notwithstanding the trial court's choice of language, it was clear from its decision that the court considered the respondent's failure to achieve personal rehabilitation as pertaining to her unsuitability to parent any one of the children and not simply the four children as a group.

• Family Law

Connecticut Appellate Court

Nweeia v. Nweeia

No Error In Refusing To Permit Irrelevant Testimony Of Child

May 20, 2013 | The Connecticut Law Tribune

Connecticut Code of Evidence §4-2 provides that "[e]vidence that is not relevant is inadmissible" and, here, the issue presented by the court's refusal to permit the plaintiff from calling her child as a rebuttal witness to read for the court, was not one of due process but of relevance, where the question for the court to determine was which of two schools could better address the child's educational needs and the proffered evidence was found not probative of the central issue in the case.

• Family Law

Connecticut Appellate Court

State v. Stovall

Jury Instruction On Narcotics Sale Was Vague And Required Reversal

May 20, 2013 | The Connecticut Law Tribune

To conform with precedent, for a conviction of possession of narcotics with intent to sell within 1500 feet of a public housing project violating Connecticut General Statutes §21-278a(b), the trial court must inform the jury that the defendant intended to sell the narcotics in his possession within 1500 feet of a public housing project.

• Criminal Law

Connecticut Appellate Court

State v. Carattini

Witness Was Not A Jailhouse Informant For Jury Instruction

May 20, 2013 | The Connecticut Law Tribune

For a witness who does not meet the definition of a jailhouse informant, a special credibility instruction under the Connecticut Supreme Court's 2005 decision in State v. Patterson and 2009 decision in State v. Arroyo, is not required.

• Criminal Law

Connecticut Appellate Court

Francis v. Commissioner of Correction

Court's Disqualification Was Not Needed For Signing Arrest Warrant

May 20, 2013 | The Connecticut Law Tribune

A judge's involvement in more than one stage of a criminal case does not per se create an appearance of partiality requiring disqualification.

• Criminal Law

Connecticut Appellate Court

Fernandes v. Commissioner of Correction

Assistance Was Not Ineffective In Selecting Novel Claims To Appeal

May 20, 2013 | The Connecticut Law Tribune

Appellate counsel's performance was not deficient in pursuing the novel issue of a juvenile's right to a pretransfer hearing in juvenile court, rather than criminal court, when there was no indication that at the time counsel made his decisions as to what course to take on appeal, that his decisions were illogical.

• Criminal Law

Connecticut Appellate Court

Mariculture Products LTD. v. Those Certain Underwriters At Lloyd's London Individually Subscribing To Certificate No. 1395/91

Postjudgment Interest Was Found Properly Awarded In Third Appeal

May 20, 2013 | The Connecticut Law Tribune

In Connecticut, a prevailing party may move for postjudgment interest following a remand after an appeal.

• General Civil Practice

Connecticut Appellate Court

Hylton v. Gunter

No Jurisdiction Over Appeal With Undetermined Punitive Damages

May 20, 2013 | The Connecticut Law Tribune

A judgment awarding an undetermined amount of punitive damages and one awarding an undetermined amount of attorneys' fees are treated differently for purposes of establishing whether the judgment is final.

• Appellate Law

Connecticut Appellate Court

Guarino v. Allstate Property and Casualty Insurance Company

Underinsured Policy Was Properly Reduced By Settlement Amounts

May 14, 2013 | The Connecticut Law Tribune

In the 1993 case of Buell v. American Universal Insurance Company, the Connecticut Supreme Court determined that where there has been no finding of liability, pursuant to the language of §38a-334-6(d)(1) of the Regulations of Connecticut State Agencies providing for reduction of policy limits for amounts paid "by or on behalf of any party responsible for the injury," an insurer may nonetheless reduce the insured's underinsured motorist coverage limits by amounts made in settlement of the insured's claims against other tortfeasors.

• Insurance Law

Connecticut Appellate Court

Burr Road Operating Company II, LLC v. New England Health Care Employees Union, District 1199

Public Police Exception Met To Protect Elderly Patients

May 13, 2013 | The Connecticut Law Tribune

Connecticut has a clear, well defined and dominant public policy of protecting patients in facilities, including skilled nursing home facilities, from abuse, and this policy includes the prompt reporting of any incident of suspected abuse.

• Alternative Dispute Resolution

State Elections Enforcement Commission

Complaint by: Martin

Principal Of State Contractor Gave $40 To Republican Committee

May 13, 2013 | The Connecticut Law Tribune

The state contractor ban in Connecticut General Statutes §9-612(g) is designed to prevent awards of contracts in exchange for campaign contributions.

State Elections Enforcement Commission

Complaint by: Jackson

No Proof Ballot Clerk Provided Explicit Voting Instructions

May 13, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §9-236(a) provides that no person shall solicit a vote on behalf of, or in opposition to, a referendum question.

State Elections Enforcement Commission

Complaint by: Gonzalez; Complaint by: Arroyo

1st Impression On Candidates' Right To Submit List Of Designees

May 13, 2013 | The Connecticut Law Tribune

A registrar may be required to inform primary candidates about the right to submit a full list of their designees for all available primary polling place officials.

State Elections Enforcement Commission

Complaint by: Arena

Apparent 1st Impression On Withdrawal Of Slate Candidate

May 13, 2013 | The Connecticut Law Tribune

If one individual on a slate withdraws and is replaced, the new candidate can sign a candidate certification; and the entire slate of candidates is not required to sign the new form, to comply with Connecticut General Statutes §9-409.

Freedom of Information Commission

Peruta v. Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection

Names Of Pistol Permit Applicants Properly Were Withheld Under FOIA

May 13, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §29-28(d) exempts from mandatory disclosure the names of those whose applications for pistol permits are pending.

Freedom of Information Commission

Mazzotta v. Chief, Police Department, City of Middletown

Investigation Report In Cold Case Was Not Exempt From Disclosure

May 13, 2013 | The Connecticut Law Tribune

The exemption in Connecticut General Statutes §1-210(b)(3)(C) requires an evidentiary showing that the records at issue are to be used in a prospective law enforcement action and that the disclosure of the records would be prejudicial to such action.

Freedom of Information Commission

Collibee v. Mayor, Town of East Haven

Chief's Swearing-In Ceremony Should Have Been Open To Public

May 13, 2013 | The Connecticut Law Tribune

The swearing-in ceremony of the chief of police of a town constituted a proceeding within the meaning of Connecticut General Statutes §1-200(2) and that proceeding was a "meeting" subject to the Freedom of Information Act.

Freedom of Information Commission

Bull v. Rinaldi, Member Water Pollution Control Authority, City of Stamford

Criticism Of Employee During Executive Session Was Spontaneous

May 13, 2013 | The Connecticut Law Tribune

Spontaneous comments criticizing an employee following her presentation during an executive session did not rise to the level of a separate discussion "concerning the appointment, employment, performance, evaluation, health or dismissal" of the employee under Connecticut General Statutes §1-200(6)(A) to amount to an illegal executive session under the Freedom of Information Act.

U.S. District Court

Troland v. Whitehead

Citizen Alleged Defendant Urged Cop To Make False Arrest

May 13, 2013 | The Connecticut Law Tribune

To prevail on a malicious prosecution claim in Connecticut, a plaintiff must prove: 1.) the defendants initiated criminal proceedings against the plaintiff; 2.) the criminal proceedings terminated in the plaintiff's favor; 3.) the defendant acted without probable cause; and 4) the defendant acted with malice, for a purpose other than to bring a criminal offender to justice.

• Civil Rights & Constitutional Law

U.S. District Court

Sentementes v. D'Amico

Pro Se Did Not Allege Defendants Acted 'Under Color Of State Law'

May 13, 2013 | The Connecticut Law Tribune

To allege that a defendant violated a plaintiff's rights, pursuant to 42 United States Code §1983, a plaintiff must allege: 1.) the alleged conduct was attributable to a person who acted under color of state law; and 2.) the alleged conduct deprived the plaintiff of a right, privilege or immunity under the Constitution or laws of the U.S.

• Civil Rights & Constitutional Law

U.S. District Court

Phillips v. Philips Electronics North America Corp.

Employer Requested Court's Permission To Amend Answer

May 13, 2013 | The Connecticut Law Tribune

A defendant may amend its answer, if the plaintiff provides written consent or the court provides permission, pursuant to Federal Rule of Civil Procedure 15(a)(2).

• General Civil Practice

U.S. District Court

Napolitano v. Synthes Inc.

Product-Liability Plaintiff Sought Info About Related Model

May 13, 2013 | The Connecticut Law Tribune

In a product-liability case, a court can permit discovery of information about similar models. The plaintiff underwent surgery, to remove about five centimeters of her mandible.

• General Civil Practice

U.S. District Court

Dube v. Wyeth LLC

Drug Manufacturer Won Motion To Transfer To Florida

May 13, 2013 | The Connecticut Law Tribune

When ruling on a motion to transfer, a court may consider: 1.) convenience of parties; 2.) convenience of witnesses; and 3.) interests of justice. Allegedly, the plaintiff was exposed to Reglan, which is used to treat heartburn, or Reglan's generic equivalent, metoclopramide.

• General Civil Practice

U.S. District Court

Chirag v. Mt Marida Marguerite Schiffahrts

Connecticut Lacks Jurisdiction Over Somali Pirate Torture Suit

May 13, 2013 | The Connecticut Law Tribune

A Connecticut court may lack jurisdiction over a suit alleging that foreign companies did not take enough precautions to protect foreign sailors who allegedly were attacked in foreign waters.

• General Civil Practice

U.S. District Court

Alexander v. Tyson

Brother Lacked Standing To Sue For Wrongful Death

May 13, 2013 | The Connecticut Law Tribune

A family member who has not been appointed to serve as estate executor or estate administrator may not possess standing to sue on behalf of the decedent family member's estate.

• General Civil Practice

Superior Court

Bloom v. Administrator

Young Child Allegedly Touched Another Child During Nap Time

May 13, 2013 | The Connecticut Law Tribune

A nursery school teacher who allegedly leaves children unsupervised during nap time, in violation of an employer's policy that the children remain visually supervised, can be discharged for willful misconduct.

• Labor and Employment Law

Superior Court

Hoy-Wong v. Estate of Hoy

Plaintiff Alleged That Inventory And Final Account Were Inaccurate

May 13, 2013 | The Connecticut Law Tribune

A child who alleges that siblings allegedly liquidated the contents of her parents' home, and kept the contents for themselves, possesses the burden to prove that a Probate Court inventory and final account were inaccurate.

• Trusts and Estates

Superior Court

Squeo v. The Norwalk Hospital Association

Parents Of Suicidal Child Did Not Prove Severe Distress

May 13, 2013 | The Connecticut Law Tribune

To prevail on a bystander emotional distress claim, a plaintiff may be required to prove that the emotional distress was severe and debilitating.

• Health Law

Superior Court

O'Dell v. Greenwich Healthcare Services Inc.

Hospital Pharmacy Paid $117 For Medicine And Charged Patient $234

May 13, 2013 | The Connecticut Law Tribune

Even if a hospital pharmacy adds a charge when the hospital pharmacy bills a patient for medicine, the pharmacy may not qualify as a "product seller," for purposes of the Connecticut Product Liability Act.

• Product Liability

Superior Court

Independent Outdoor III LLC v. Hartford Planning and Zoning Commission

Lessee Seeks To Change Highway Billboards From Static To Digital

May 13, 2013 | The Connecticut Law Tribune

A plaintiff that possesses a 20-year lease for a billboard can be aggrieved as a result of a planning and zoning commission decision to deny an application to amend zoning regulations, to reduce the amount of separation between billboards.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

PWH LLP v. Fore

Autistic Tenant Entitled To Protection Of C.G.S. §47a-23

May 13, 2013 | The Connecticut Law Tribune

A tenant who suffers from autism and receives Social Security disability benefits may not be evicted on the basis of lapse of time, pursuant to Connecticut General Statutes §47a-23c.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

Civitella v. Sanchez

Tenants Failed To Exercise Option To Purchase Premises

May 13, 2013 | The Connecticut Law Tribune

A court can find that tenants did not exercise an option in the lease to purchase the premises.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

Amica Mutual Insurance Co. v. Given

Amica Policy Specifically Excluded Coverage For Fiancee

May 13, 2013 | The Connecticut Law Tribune

Use of a motor vehicle two or three times per week to run errands can qualify as "regular use," for purposes of an exclusion in a motor-vehicle insurance policy.

• Insurance Law

Superior Court

State v. Santorella

AG Jepsen Won Motion To Revoke City Worker's Pension

May 13, 2013 | The Connecticut Law Tribune

To prevail on a claim to revoke or reduce a public official or employee's pension, the Attorney General must prove that: 1.) the defendant served as a public official or state or municipal worker; and 2.) the defendant was convicted of or pled guilty or nolo contendere to a crime related to state or municipal office in state criminal or federal criminal court.

• Labor and Employment Law

Superior Court

Zimmitti v. Zimmitti

Construction Foreman At Greater Fault For Breakdown

May 13, 2013 | The Connecticut Law Tribune

A court can find one party at greater fault for the breakdown of the marital relationship. The parties married in September 1989 and have two children.

• Family Law

Superior Court

Stein v. Wilcox

Trip To Care For Ill Relative Did Not Change Minor Child's Home State

May 13, 2013 | The Connecticut Law Tribune

A court can find that a minor child's relocation to another state for several months constitutes a temporary relocation, as opposed to a permanent move, because the purpose of the relocation was to provide temporary care for an ill relative, and that Connecticut remains the minor child's "home state."

• Family Law

Superior Court

Sebadduka v. Sebadduka

Wife Who Allegedly Left Kids In Uganda In Contempt Of Court

May 13, 2013 | The Connecticut Law Tribune

A party who willfully disobeys a clear court order can be held in contempt of court. The parties were married 10 years and had four children, who were born in Connecticut.

• Family Law

Superior Court

Ellison v. Miller

Earlier Civil Union Made Subsequent Marriage Not Valid

May 13, 2013 | The Connecticut Law Tribune

A marriage may not be valid, if one of the parties to the marriage already entered into a civil union in another state and fails to dissolve the civil union.

• Family Law

Superior Court

Buzzard v. Buzzard

Disabled Wife's Alimony Increased From $1 Per Year To $200 Per Week

May 13, 2013 | The Connecticut Law Tribune

A court can find that a substantial change in circumstances exists, as a result of one party's permanent and total disability.

• Family Law

Superior Court

State v. Nasheed

40 Years For Armed Robbery Of Small Store Owner Affirmed

May 13, 2013 | The Connecticut Law Tribune

An individual who allegedly commits a first-degree robbery, which has a penalty of 20 years in prison, and who qualifies as a persistent dangerous felony offender, can be sentenced to 40 years in prison.

• Criminal Law

Superior Court

State v. Bell

Prosecutor Sought Increase In 45-Year Sentence For Shooting Cop

May 13, 2013 | The Connecticut Law Tribune

An individual who commits a first-degree assault with a firearm, and who qualifies as a persistent, dangerous felony offender, can be sentenced to 45 years in prison.

• Criminal Law

Superior Court

Krynski v. Connecticut Adult Probation Service

Polish Prisoner Proved Attorney Had Actual Conflict Of Interest

May 13, 2013 | The Connecticut Law Tribune

A habeas petitioner can prove that trial counsel's concurrent representation of another client resulted in an actual conflict of interest that adversely affected trial counsel's performance.

• Criminal Law

Superior Court

Paragon Construction Co. v. Department of Public Works

Contractor Not Required To Strip And Paint Cheshire Prison Bars

May 13, 2013 | The Connecticut Law Tribune

A court may construe any ambiguity in a construction contract that has specifications of "bewildering complexity" against the party that drafted the contract.

• Corporate & Business Law

Connecticut Appellate Court

Gill v. Brescome Barton, Inc.

1st Impression Issue: Apportioning Concurrent But Separate Injuries

May 13, 2013 | The Connecticut Law Tribune

The Supreme Court's 2003 decision in Hatt v. Burlington Coat Factory, that Connecticut General Statutes §31-299b "permits apportionment only in cases of repetitive trauma or occupational disease and, therefore, does not provide a basis for apportionment of liability among insurers when the claimant has suffered two separate and distinct injuries?" was distinguished here, where two separate and distinct, noncumulative knee injuries occurred and the remedial purposes of the Workers' Compensation Act were fostered by the plaintiff undergoing bilaterial knee replacement surgery with one period of recovery.

• Labor and Employment Law

Connecticut Appellate Court

Tarro v. Mastriani Realty, LLC

Housing Court Had Authority In Commercial Eviction Over Antiques

May 13, 2013 | The Connecticut Law Tribune

In a commercial eviction action brought under Connecticut General Statutes §47a-42a, the court hearing such action properly has before it not only those issues necessary for a proper determination of the parties' possessory rights in the subject premises, but also any issue that might arise with respect to possessions and personal effects that remain at the subject premises following execution.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Connecticut Appellate Court

Chicago Title Insurance Company v. Bristol Heights Associates, LLC

Failure To Cooperate With Claim Investigation Vitiated Coverage

May 13, 2013 | The Connecticut Law Tribune

As explained in the 2009 Appellate Court case of Double G.G. Leasing, LLC v. Underwriters at Lloyd's, London, absent "a reasonable excuse, when an insured fails to comply with the insurance policy provisions requiring an examination under oath and the production of documents, the breach generally results in the forfeiture of coverage?"

• Insurance Law

Connecticut Appellate Court

Deshpande v. Deshpande

Reversal Ordered For Not Stating Basis For Child Support Amounts

May 13, 2013 | The Connecticut Law Tribune

An agreement of the parties may be sufficient to rebut the presumption that the support amount calculated under the guidelines is the correct amount; however, the court must still make such a finding, cite one or more deviation criteria to support the agreement, state the amount that would have been required under such sections and make a factual finding to justify the variance.

• Family Law

Connecticut Appellate Court

Carpender v. Sigel

Delay Alone In Reimbursement Request Did Not Constitute Laches

May 13, 2013 | The Connecticut Law Tribune

Even if there was an inexcusable delay by the moving party, the court will not find that party guilty of laches if the prejudice to the opposing party was not the result of the moving party.

• Family Law

Connecticut Appellate Court

State v. Franko

Prior Misconduct Was Relevant To Prove Intent For Kidnapping

May 13, 2013 | The Connecticut Law Tribune

There is case law in Connecticut that speaks to the highly prejudicial nature of prior uncharged sexual misconduct evidence; however, the presence of other factors can overcome such prejudicial nature.

• Criminal Law

Connecticut Appellate Court

RKG Management, LLC v. Roswell Sedona Associates, Inc.

Plaintiff's Failure To Submit To Cross Exam Was Fatal To Claims

May 13, 2013 | The Connecticut Law Tribune

Although the Connecticut Supreme Court has not explicitly cloaked the right of cross-examination in the civil context in constitutional raiment, dicta from one opinion points in that direction and, whether constitutional or not, the teaching of such precedents and the tradition upon which they are founded is that the right to cross-examination is central to our system of justice and its complete denial entitles the party adversely affected to have testimony untested by cross-examination stricken.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Connecticut Appellate Court

CitiMortgage, Inc. v. Gaudiano

Holder Of Note Could Foreclose Despite Land Records Discrepancy

May 13, 2013 | The Connecticut Law Tribune

As explained in the 2010 Connecticut Appellate Court case of Chase Home Finance, LLC v. Fequiere, Connecticut General Statutes §49-17 "permits the holder of a negotiable instrument that is secured by a mortgage to foreclose on the mortgage even when the mortgage has not yet been assigned to him."

• Bankruptcy & Creditors and Debtors Rights

Connecticut Supreme Court

Anderson v. Commissioner of Correction

Public Defender's Representation Of Codefendant Was Not Deficient

May 6, 2013 | The Connecticut Law Tribune

An ethical violation, without more, is insufficient to establish a constitutional violation of the right to the effective assistance of counsel.

• Criminal Law

U.S. District Court

Vega v. Lantz

Inmate Seeks To Preclude The Opinion Of Former Commissioner

May 6, 2013 | The Connecticut Law Tribune

A court can deny motions to preclude witnesses' testimony, without prejudice to a party raising specific objections at a later date.

• Civil Rights & Constitutional Law

U.S. District Court

U.S. v. Watts

Career Offender Is Not Eligible For Sentence Reduction

May 6, 2013 | The Connecticut Law Tribune

A defendant who is convicted of a crack cocaine offense and who is sentenced as a career offender may not be eligible for a reduction in the sentence, pursuant to a subsequent amendment to the crack cocaine guidelines.

• Criminal Law

U.S. District Court

U.S. v. Morales

Defendant With 24 Prior Convictions Poses Risk Of Flight

May 6, 2013 | The Connecticut Law Tribune

When ruling on the government's request for pretrial detention, a court may consider: 1.) whether the defendant poses a risk of flight; and 2.) whether a combination of conditions exist that will assure the defendant's presence at trial.

• Criminal Law

U.S. District Court

Cole v. Greene

Government Waived Right To C.G.S. 52-190a Defense In Infant's Death

May 6, 2013 | The Connecticut Law Tribune

A court can find that defendants who fail to timely assert a claim that the plaintiff did not comply with C.G.S. §52-190a can waive the right to assert that defense.

• Criminal Law

U.S. District Court

Ashby v. Arnone

Officials Allegedly Denied Requests For Religious Diet

May 6, 2013 | The Connecticut Law Tribune

Allegations that after an inmate officially changed his religion, his requests for a special diet and religious materials were denied, may state a cause of action pursuant to the Religious Land Use and Institutionalized Persons Act, but not the Religious Freedom Restoration Act.

• Criminal Law

U.S. District Court

Watrous v. Borner

Inland-Wetlands Chair Ordered To Release Cease-And-Desist Order

May 6, 2013 | The Connecticut Law Tribune

A court can order a member of an inland-wetlands agency, who allegedly violated a property owner's substantive due-process rights, to immediately take action to "remove or release any cease-and-desist orders recorded on the Property."

• Civil Rights & Constitutional Law

U.S. District Court

Duverger v. Connecticut Family Orthopedics

Plaintiff Employee To Amend In Forma Pauperis Affidavit

May 6, 2013 | The Connecticut Law Tribune

A court can find that a plaintiff's valuation of his motor vehicle is "so low as to strain credibility," and order the plaintiff to file an amended financial affidavit, in support of his petition to proceed in forma pauperis.

• General Civil Practice

State Elections Enforcement Commission

Complaint by: Walsh

Bridgeport Citizen Did Not Prove Widespread Absentee Ballot Abuse

May 6, 2013 | The Connecticut Law Tribune

Allegations that approximately 4,000 absentee ballots were destroyed, were lost or were not returned, and that an alarming number of absentee ballots were filed for newly registered voters, may be insufficient to prove widespread absentee ballot abuse.

State Elections Enforcement Commission

Complaint of: Vollemans

Clerk Who Sent Absentee Ballot To Wrong Address Fined $200 To $400

May 6, 2013 | The Connecticut Law Tribune

A municipal clerk can be fined, if the clerk sends the original absentee ballot to the wrong address and the citizen is unable to vote, because the replacement absentee ballot does not arrive soon enough.

State Elections Enforcement Commission

Complaint by: Peters

Couple's Contribution Counted As Donation Only From Check Signer

May 6, 2013 | The Connecticut Law Tribune

When a couple contributes $1,000 to a political campaign committee from their joint checking account, the contribution may be counted as a contribution only from the individual who signed the check, and it can violate the $750 individual donation restriction in Connecticut General Statutes §9-622.

State Elections Enforcement Commission

Complaint by: Peters

Former Senator Was Treasurer And Chair Of Political Committees

May 6, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §9-605 prohibits an individual from simultaneously acting as the chairperson of one political committee and the treasurer of another.

State Elections Enforcement Commission

Complaint of: Dmytryshak

Election Candidate's 'Bona Fide' Residence Remains In Salisbury

May 6, 2013 | The Connecticut Law Tribune

A "bona fide residence" is defined as a citizen's domicile or the place that a citizen keeps a true, fixed, and principal home to which the citizen possesses a genuine intent to return.

State Elections Enforcement Commission

Complaint by: DiNardo

'Gas Rollback' Was Not Held To Influence 2012 Election Results

May 6, 2013 | The Connecticut Law Tribune

A political candidate's participation in a tax-exempt organization's offer to subsidize a product may not violate election laws.

U.S. Court of Appeals for the 2nd Circuit

Moody v. Holder

Immigrant Wed To U.S. Citizen Failed To File A Joint Petition

May 6, 2013 | The Connecticut Law Tribune

An immigrant's conditional permanent resident status may end, if a married couple fails to file a joint petition to remove conditions, prior to the second anniversary of the immigrant's receipt of conditional permanent resident status.

• Immigration Law

U.S. Court of Appeals for the 2nd Circuit

Elizondo-Badilla v. Holder

Costa Rican Failed To Prove That Threats Qualified As Persecution

May 6, 2013 | The Connecticut Law Tribune

Evidence of threats may be insufficient to prove past persecution.

• Immigration Law

U.S. Court of Appeals for the 2nd Circuit

U.S. v. Sanderson

$25,608 In Restitution Based On Psych Treatment Affirmed

May 6, 2013 | The Connecticut Law Tribune

A defendant can be ordered to pay restitution in an amount sufficient to cover the estimated costs of the victim's future psychological treatment.

• Criminal Law

U.S. Court of Appeals for the 2nd Circuit

U.S. v. Robinson

Drug Defendant Allegedly Called Unidentified Conspirator 'My Man'

May 6, 2013 | The Connecticut Law Tribune

To convict a defendant of conspiracy, the government is not required to identify individuals with whom the defendant allegedly engaged in a conspiracy, and evidence that the defendant interacted with them when he accepted and sold drugs and that the defendant called one of them "my man," may be sufficient to convict.

• Criminal Law

U.S. Court of Appeals for the 2nd Circuit

U.S. v. Logan

Mortgage Fraud Defendant Requested 3-Level Reduction

May 6, 2013 | The Connecticut Law Tribune

A cooperative criminal defendant may receive a three-level reduction, for "acceptance of responsibility," if "the defendant has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently," pursuant to U.S. Sentencing Guidelines §3E1.1(b).

• Criminal Law

Superior Court

Byrd v. Administrator

Ambulance Worker Allegedly Left Elderly Patient Unattended

May 6, 2013 | The Connecticut Law Tribune

An employee of an ambulance company may engage in "willful misconduct," if the employee allegedly leaves a frail, elderly patient in a hallway, unattended, in violation of the employer's policy.

• Labor and Employment Law

Superior Court

Emery v. City of Middletown

Property Owners Protested Taking Via Eminent Domain

May 6, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §48-12 requires that two independent appraisers send appraisals to property owners, before the party that proposes to take private property files a statement of compensation in Superior Court.

Superior Court

Town of Bethlehem v. Acker

Town Claimed That Defendant's Dogs Were In 'Imminent' Danger

May 6, 2013 | The Connecticut Law Tribune

A municipal animal control officer can remove dogs, if the dogs are neglected and are in "imminent" danger.

Superior Court

Chief Disciplinary Counsel v. Rozbicki

Lawyer Claims Large Number Of Marshals Proves Judge Was Biased

May 6, 2013 | The Connecticut Law Tribune

The appearance of an "excessive" number of judicial marshals at a post-judgment hearing may not constitute a valid basis for mistrial or to set aside the judgment.

Superior Court

Dellavolpe v. 21st Century Pacific Insurance Co.

Motorcyclist Not Entitled To Coverage Under Auto Policy

May 6, 2013 | The Connecticut Law Tribune

A motorcyclist, who allegedly is injured by an unidentified driver and who has insurance only for his motor vehicle, may not be entitled to recover uninsured-motorist benefits.

• Insurance Law

Superior Court

Williams v. Billington-Williams

Parents May Pay Up To $3,000 Per Year For Travel Sports Team

May 6, 2013 | The Connecticut Law Tribune

A court can order that if a minor child participates on a travel sports team, each party shall pay about 50 percent of travel costs, up to approximately $1,500 per year per parent for all extracurricular activities.

• Family Law

Superior Court

Frate v. Department of Children and Families

Allegedly Guardian Denied Hospital's Request To Treat Child

May 6, 2013 | The Connecticut Law Tribune

A guardian's name can be placed on the child abuse registry, if the guardian allegedly denies a hospital's request to provide medical treatment to a minor child.

• Family Law

Superior Court

Cintron v. Cintron

Husband Allegedly Had Affairs And Did Not Want To Reconcile

May 6, 2013 | The Connecticut Law Tribune

A court can find one party at greater fault for the breakdown of the marital relationship, as a result of alleged extramarital affairs and lack of interest in reconciling with the other party.

• Family Law

Superior Court

A.J.K. LLC v. City of Torrington, Inland Wetland Commission

Inland-Wetlands Agency Added Conditions To Permit

May 6, 2013 | The Connecticut Law Tribune

When an inland-wetlands agency votes to extend a permit, it may not be allowed to add a condition to the terms of the original permit.

• Environmental Law

Superior Court

Chomiak v. Hopkins Restaurant Corp.

Customer Awarded $16,000 For Alleged Assault At Nightclub

May 6, 2013 | The Connecticut Law Tribune

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual who allegedly is assaulted at a nightclub.

• Personal Injury

Superior Court

Bell v. Law Offices of Howard A. Lawrence LLC

Client Won $537,787 For Alleged Legal Malpractice

May 6, 2013 | The Connecticut Law Tribune

At a hearing in damages that follows a default judgment, legal malpractice can be deemed admitted, and a court can award damages against a law firm.

Superior Court

State v. Smith

Six Years For Possession Of Gun, Interference With Cops, Affirmed

May 6, 2013 | The Connecticut Law Tribune

An individual who is convicted of possession of an illegal pistol can be sentenced to five years in prison.

• Criminal Law

Superior Court

State v. Nicholson

Jamaican's Waiver Was Not Knowing, Intelligent, Voluntary

May 6, 2013 | The Connecticut Law Tribune

A court may grant a defendant's motion to suppress evidence, if the defendant's waiver of his Miranda rights was not knowing, intelligent and voluntary. Allegedly, a victim was stabbed, and the defendant, Cargil Nicholson, was arrested.

• Criminal Law

Superior Court

Skakel v. Warden

Habeas Not Barred As Result Of Skakel's Petition For New Trial

May 6, 2013 | The Connecticut Law Tribune

An individual who files a petition for a new trial is not required to raise all potential habeas claims.

• Criminal Law

Superior Court

Kapteina v. Town of Greenwich

E-Mail To Parks And Rec Director Did Not Comply With §13a-149

May 6, 2013 | The Connecticut Law Tribune

An e-mail sent to a municipal parks and recreation director, to inform him about a citizen's alleged fall on municipal property, may be insufficient to meet the requirements of the highway-defect statute in Connecticut General Statutes §13a-149.

Superior Court

Avery v. Maxim Healthcare Services Inc.

Plaintiff Failed To Serve Amended MedMal Complaint And Opinion

May 6, 2013 | The Connecticut Law Tribune

A plaintiff who amends a complaint and written opinion, in order to include the opinion writer's credentials and a brief discussion of the incident that allegedly led to the death of the plaintiff's decedent, may not be required to serve the amended complaint and written opinion.

• General Civil Practice

Superior Court

Rousseau v. Perricone

Husband Requested Attorneys' Fees For Wife's Allegedly Frivolous Appeal

May 6, 2013 | The Connecticut Law Tribune

A trial court may not possess the authority to decide that a party's appeal of a trial court's decision was frivolous and to order attorneys' fees.

Connecticut Appellate Court

Di Teresi v. Stamford Health System, Inc.

Hospital Lacked Duty To More Rapidly Report Sex Assault To Kin

May 6, 2013 | The Connecticut Law Tribune

Due to public policy concerns, a hospital owed no duty to report an alleged sexual assault of an elderly woman suffering from dementia to her daughter in less than seven hours.

Connecticut Appellate Court

Coyle v. Commissioner of Revenue Services

Administrative Appeal Was Needed Before Constitutional Test Of Tax

May 6, 2013 | The Connecticut Law Tribune

Where there is a statutory grant of authority that would allow an agency to award the relief sought without deciding a constitutional question, the futility exception will not apply, and a plaintiff will be required to exhaust her administrative remedies.

• Tax Law

Connecticut Appellate Court

Langello v. West Haven Board of Education

1st Impression Issue On Fair Employment And Teacher Tenure Acts

May 6, 2013 | The Connecticut Law Tribune

Any teacher terminated pursuant to the Tenure Teacher Act, C.G.S. §10-151(d), because of disability enjoys the protections of the Fair Employment Practices Act, C.G.S. §46a-60. The trial court affirmed the West Haven board of education's decision to terminate the employment contract of tenured teacher, Laura Langello.

• Education Law

Connecticut Appellate Court

Fitzgerald v. Commissioner of Motor Vehicles

Waiting To Take Breath Test To Talk With Attorney Was A Refusal

May 6, 2013 | The Connecticut Law Tribune

Even if the plaintiff had a right to consult an attorney before submitting to a chemical test of his breath, it would not preclude the determination that under the 1998 Connecticut Appellate Court case of Dalmaso v. Department of Motor Vehicles, the failure to submit to the breath test until he spoke with his attorney who was present in the police station, was a refusal within the ambit of Connecticut General Statutes §14-227b(g).

• Criminal Law

Connecticut Appellate Court

Stefanoni v. Department of Economic and Community Development

Developers Lacked Standing To Contest Moratorium Certificate

May 6, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §8-30g provides a distinct procedure for affordable housing land use appeals and if a municipality satisfies the requirements in C.G.S. §8-30g(l), the commissioner of economic and community development may issue a certificate of affordable housing completion, a moratorium certificate, which suspends the affordable housing land use appeal process in the municipality.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Connecticut Appellate Court

Neighborhood Builders, Inc. v. Town of Madison

CUTPA Governmental Exemption Applied To Town's Permit Fees

May 6, 2013 | The Connecticut Law Tribune

Pursuant to Connecticut General Statutes §42-110c(a)(1), the Connecticut Unfair Trade Practices Act does not apply to a municipality in the setting and collecting of building permit fees.

Connecticut Appellate Court

Morrone v. Morrone

65/35 Split And Sole Custody Orders Were Supported By Record

May 6, 2013 | The Connecticut Law Tribune

As determined in the 1991 Connecticut Supreme Court case of Yontef v. Yontef, the trial court is not bound to accept the expert opinion of a family relations officer.

• Family Law

Connecticut Appellate Court

Farren v. Farren

Collateral Attack Was Rejected Of Divorce Judgment With 75-25 Split

May 6, 2013 | The Connecticut Law Tribune

A motion for an expedited order concerning the distribution of executive retirement plan benefits, seeking to recharacterize those benefits as earnings and not marital property, constituted an impermissible collateral attack on the underlying dissolution judgment.

• Family Law

Connecticut Appellate Court

State v. Peeples

Adult Pornography Evidence Was Not Relevant In Child Assault Case

May 6, 2013 | The Connecticut Law Tribune

Because testimony that a pornographic video was playing on the defendant's television set when he was arrested was not relevant to establish a material issue of fact, it should not have been admitted into evidence.

Connecticut Appellate Court

Peterson v. Commissioner of Correction

Advice During Plea Negotiations Was Not Constitutionally Infirm

May 6, 2013 | The Connecticut Law Tribune

Counsel's obligations during plea negotiations extend beyond advising or even urging a defendant whether to take a plea offer, with a countervailing obligation not to coerce a client into accepting a plea offer.

• Criminal Law

Connecticut Appellate Court

Correia v. Commissioner of Correction

Attorney Was Not Ineffective For Representing At Trial And Habeas

May 6, 2013 | The Connecticut Law Tribune

Although it often would be better practice for someone other than trial counsel to represent a petitioner in a subsequent habeas action, no authority prohibits trial counsel from also assuming the role of habeas counsel.

• Criminal Law

Connecticut Appellate Court

Marcus v. Cassara

Failure To Award Further Fees Was Not Shown To Be An Error

May 6, 2013 | The Connecticut Law Tribune

Absent a record demonstrating that the court's denial of a request for attorneys' fees was in error, the Appellate Court presumes that the court correctly analyzed the law and facts in rendering its judgment.

Connecticut Supreme Court

State v. Wilson

Prosecutor's Sarcasm Was Improper But Third Trial Was Not Warranted

May 6, 2013 | The Connecticut Law Tribune

Although it is manifestly the purpose of cross-examination to expose to the jury facts from which it may gauge the credibility of an expert witness, a prosecutor may not express his own opinion of the witness' credibility, such as by engaging in a line of questioning designed to mock and belittle that witness.

• Criminal Law

Connecticut Supreme Court

Total Recycling Services of Connecticut, Inc. v. Connecticut Oil Recycling Services, LLC

1st Impression Issue On Standard For Fees With Intertwined Claims

April 29, 2013 | The Connecticut Law Tribune

When certain claims provide for a party's recovery of contractual attorneys' fees but others do not, a party is nevertheless entitled to a full recovery of reasonable attorneys' fees if an apportionment is impracticable because the claims arise from a common factual nucleus and are intertwined.

U.S. District Court

Bennett v. Pascone

Driver Claimed Cops Lacked Probable Cause To Charge Burglary

April 29, 2013 | The Connecticut Law Tribune

Police can possess probable cause to charge an individual with burglary, after a break in is reported at a construction site, the individual flees from police and construction equipment is discovered in the individual's van.

• Civil Rights & Constitutional Law

U.S. District Court

Valanzuolo v. City of New Haven

Plaintiff Ordered To Provide Rule 26(a)(2)(C) Expert Report

April 29, 2013 | The Connecticut Law Tribune

A court can order a party to provide a Rule 26(a)(2)(C) expert report for a counselor who has been disclosed as healthcare provider.

• General Civil Practice

U.S. District Court

Barack v. American Honda Motor Co. Inc.

Plaintiff Failed To Disclose Treating Doctor's Opinions

April 29, 2013 | The Connecticut Law Tribune

A party's failure to disclose a summary for a treating doctor under Federal Rule of Civil Procedure 26(a)(2)(C) can violate Rule 26(a), and a court can order sanctions.

• General Civil Practice

U.S. District Court

A&R Body Specialty and Collision Works Inc. v. Progressive Casualty Insurance Co.

Auto Body Co. Need Not Disclose Its Nationwide Mutual Contrac

April 29, 2013 | The Connecticut Law Tribune

A court can deny a request to disclose documents that are not pertinent or that are subject to confidentiality or nondisclosure agreements.

U.S. District Court

A. v. Hartford Board of Education

Motion To Amend Complaint Was Filed 44 Days After Ruling Issued

April 29, 2013 | The Connecticut Law Tribune

A court can find that an amended complaint is filed timely, if a motion to amend the complaint is filed prior to the expiration of a 45-day statute of limitations that begins when an administrative hearing officer mails, or the parties receive personal delivery of, a final decision.

• General Civil Practice

U.S. Court of Appeals for the 2nd Circuit

U.S. v. Muhammad

Defendant's Mental Health Was Not A Mitigating Factor

April 29, 2013 | The Connecticut Law Tribune

At sentencing, a District Court may rely on personal observations and evidence from tapes and reports when it considers whether the defendant's mental health constitutes a mitigating factor.

• Criminal Law

U.S. Court of Appeals for the 2nd Circuit

Connecticut Association of Health Care Facilities Inc. v. Bremby

Nursing Homes Failed To Allege Unconstitutional Taking Of Space

April 29, 2013 | The Connecticut Law Tribune

A Connecticut law that prohibits the discharge or eviction of Medicaid patients may not qualify as a Fifth Amendment taking.

• Civil Rights & Constitutional Law

Board of Mediation and Arbitration

MDC and AFSCME, Council 4, Local 3713

Discharge For Personal Use Of Computer Reduced To Suspension

April 29, 2013 | The Connecticut Law Tribune

In the absence of progressive discipline and counseling, arbitrators can find that discharge of an employee with a good disciplinary record is overly harsh and reduce the discharge to an unpaid suspension.

Board of Mediation and Arbitration

City of New Haven and UPSEU, Local 424, Unit 34

Garbage Worker Allegedly Was Not Informed He Might Be Fired

April 29, 2013 | The Connecticut Law Tribune

If a municipality departs from its past practice of informing the union when a worker's job is in jeopardy, fails to inform the employee he could be discharged and fails to send a copy of a letter about a factfinding hearing to the union, arbitrators can find that the employee did not receive due process and order a hearing on the merits.

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

Use Of Private Security Did Not Violate Bargaining Contract

April 29, 2013 | The Connecticut Law Tribune

A municipality may hire a private security company, without violating a collective bargaining contract, if the private security company is contacted in response to an emergency, and it works in the late afternoon, after regular work hours.

Superior Court

Hardwick v. Administrator

Halloran & Sage Worker Allegedly Stole $50 Gift Card

April 29, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §31-236(a)(2)(B) provides that a worker is not eligible for unemployment benefits, if the worker allegedly engages in larceny of property valued at $25 or more.

Superior Court

Wild v. Cocivera

Allegedly Brother Did Not Share $81,287 From Mom's Bank Account

April 29, 2013 | The Connecticut Law Tribune

A Superior Court may lack jurisdiction over allegations that a relative who was granted power of attorney during the decedent's life, and became co-owner of the decedent's bank accounts, used his power of attorney during the decedent's life to deplete the decedent's estate.

Superior Court

Swan v. Town of Woodbridge

Allegedly Town Commission Did Not Perform Any Maintenance

April 29, 2013 | The Connecticut Law Tribune

A municipality does not perform a discretionary function, if a municipal commission that is responsible for maintenance, pursuant to a municipal ordinance, is unaware of its responsibility and does not perform any maintenance.

Superior Court

McNutt v. [Bazza]

Alleged Assault Did Not Arise Out Of Motor-Vehicle Accident

April 29, 2013 | The Connecticut Law Tribune

A passerby who allegedly approaches the scene of a motor-vehicle accident and is assaulted may not possess causes of action against the defendant driver for negligence, recklessness and statutory recklessness.

Superior Court

Bulpitt v. Town of Hamden

Although Closed At Night, 'Greenway' Qualifies As A 'Road'

April 29, 2013 | The Connecticut Law Tribune

A municipal "greenway" that is open to the public may qualify as a "road," for purposes of the defective-road statute, Connecticut General Statutes §13a-149, even if the greenway remains closed at night.

Superior Court

Tuzinkiewicz v. Steckel

Sellers Allegedly Indicated That There Were No Zoning Violations

April 29, 2013 | The Connecticut Law Tribune

Allegations that sellers knowingly made a misrepresentation, when they indicated that they lacked any knowledge about zoning violations, and that the buyer would not have purchased, if he had known about zoning violations, can be sufficient to state a cause of action for fraud.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

Nazar v. Palli

Provision Of Water In Leased Dwelling Constitutes A 'Service'

April 29, 2013 | The Connecticut Law Tribune

Water that a landlord provides to a tenant pursuant to a lease may not qualify as a "product" that enters the stream of commerce, pursuant to the Connecticut Product Liability Act.

• Product Liability

Superior Court

Lesiak v. Laskowski

Tenants Requested That Landlord Pay Them $20 Per Day For 200 Days

April 29, 2013 | The Connecticut Law Tribune

Connecticut General Statutes §47a-5 provides a private cause of action to tenants, if a landlord does not possess a certificate of occupancy.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

City of New Haven v. G.L. Capasso Inc.

Owners Allegedly Violated Special Exception's Conditions

April 29, 2013 | The Connecticut Law Tribune

A court can order property owners to comply with conditions attached to a special exception that permits the property owners to use a property for business purposes, although the property is located in a residential area.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

Geico General Insurance Co. v. Tibolla

Drinking Buddy Did Not Receive Permission To Operate Toyota

April 29, 2013 | The Connecticut Law Tribune

An insurance company may not be required to defend or indemnify an operator who lacked permission to drive or a reasonable belief that he had permission to drive.

• Insurance Law

Superior Court

Miller v. Voisine

Very Active Grandparents Won Visitation On Alternate Saturdays

April 29, 2013 | The Connecticut Law Tribune

A court may grant visitation to very active grandparents, provided that they establish a parent-like relationship exists with grandchildren and that denial of visitation will result in harm to grandchildren.

• Family Law

Superior Court

Latham v. Latham

Husband Who Paid Kid's College Expenses Did Not Dissipate Assets

April 29, 2013 | The Connecticut Law Tribune

A court can find that a party who pays for the children's college tuition, shelter and motor vehicles did not dissipate assets.

• Family Law

Superior Court

Kletter-Evans v. Evans

Wife Won $25,000 Lump Sum Alimony For Two-Month Marriage

April 29, 2013 | The Connecticut Law Tribune

When it dissolves a brief marriage, a court can award lump sum alimony.

• Family Law

Superior Court

State v. Mustafaj

36 Years For Alleged Sexual Assault Of Minor Child Affirmed

April 29, 2013 | The Connecticut Law Tribune

An individual who allegedly sexually assaults his own children can be sentenced to 36 years in prison.

• Criminal Law

Superior Court

Pesantez v. Boyle

Genuine Issues About Continued Representation Of Immigrants

April 29, 2013 | The Connecticut Law Tribune

The statute of limitations can be tolled, as a result of the doctrine of continuous representation, if a plaintiff in a legal-malpractice case establishes: 1.) the defendant continued to represent the plaintiff in the same underlying case; and 2.) either the plaintiff did not know about the alleged malpractice or, alternatively, the defendant possessed the opportunity to mitigate harm allegedly caused by the malpractice, during the continued period of legal representation.

• General Civil Practice

Superior Court

Mulero v. Snow

Plaintiff Sought Tolling On Basis Of Legal Incapacity

April 29, 2013 | The Connecticut Law Tribune

A plaintiff who proves that he was "legally incapable" during the relevant time period may be entitled to the tolling of the statute of limitations, pursuant to Connecticut General Statutes §52-576(b), even if the plaintiff frequently commences suit in Superior Court.

• General Civil Practice

Superior Court

Leftridge v. Wiggins

Alleged Fraud Provided Grounds To Open And Order A New Trial

April 29, 2013 | The Connecticut Law Tribune

Allegations that the plaintiff fraudulently misrepresented his address, to the detriment of the defendant, can be sufficient to prove fraud and to grant the defendant's request to open the judgment.

• General Civil Practice

Superior Court

Kim v. Emt

Holiday Did Not Extend Date To Deliver Complaint To Marshal

April 29, 2013 | The Connecticut Law Tribune

A legal holiday may not extend the date for delivery of the writ, summons and complaint to a state marshal for service of process, because while a plaintiff may encounter difficulty effectuating delivery to the marshal on a legal holiday, no legal obstruction exists.

• General Civil Practice

Connecticut Appellate Court

Morris v. Yale University

For Medical Student's Dismissal, No Material Facts Were In Dispute

April 29, 2013 | The Connecticut Law Tribune

The 2004 Appellate Court case of Barasso v. Rear Still Hill Road, LLC, instructs that "the party opposing summary judgment must present a factual predicate for his argument to raise a genuine issue of material fact."

• Education Law

Connecticut Appellate Court

Targonski v. Clebowicz

Continuing Course Of Conduct Was Based On A Failure To Cure Error

April 29, 2013 | The Connecticut Law Tribune

As a general matter, once the attorney-client relationship ends, the prior representation does not give rise to any continuing duty; but, even after representation ends, if an attorney learns of negligent service to the client at a time when he has the power to remedy the problems arising from it, he owes a duty to his client, which relates back to his original wrong of rendering negligent services, to correct the results of such prior negligence.

Connecticut Appellate Court

Creative Masonry and Chimney, LLC v. Johnson

CUTPA Damages Were Upheld For Attorney's Conduct To Avoid Debt

April 29, 2013 | The Connecticut Law Tribune

In the 1987 case of Gargano v. Heyman, the Supreme Court explained that under the Connecticut Unfair Trade Practices Act, C.G.S. §42-110a, "to award punitive or exemplary damages, evidence must reveal a reckless indifference to the rights of others or an intentional and wanton violation of those rights."

Connecticut Appellate Court

Gianetti v. Gombos

Physician's Appeal Failed Of Adverse Ruling By Trial Court

April 29, 2013 | The Connecticut Law Tribune

The Appellate Court summarily affirmed the judgment of the trial court rendered in favor of the self-represented defendants, David and Catherine Gombos, and was not persuaded by the claims on appeal of the pro se plaintiff, Charles Gianetti, a physician.

• Health Law

Connecticut Appellate Court

Macellaio v. Newington Police Department

Claims Against Court Clerk Were Barred By Sovereign Immunity

April 29, 2013 | The Connecticut Law Tribune

The claims commissioner's denial of the plaintiff's fee waiver application did not prevent the application of the doctrine of sovereign immunity; the fact remained that the plaintiff did not receive authorization from the claims commissioner to bring his claims against a court clerk and the claims were barred by the doctrine of sovereign immunity.

Connecticut Appellate Court

Faulkner v. Daddona

Duties In Securing Accident Scene Are Discretionary Not Ministerial

April 29, 2013 | The Connecticut Law Tribune

The fact that a claim is based upon an officer's alleged failure to enforce a statute, does not, in and of itself, make enforcement of that statute a ministerial duty.

Connecticut Appellate Court

State v. Shipman

Record Lacked Facts For Claim Of Disparate Treatment Of Venireman

April 29, 2013 | The Connecticut Law Tribune

For a claim of disparate treatment of a venireperson, the races of the relevant venirepersons are requisite facts without which the Appellate Court is unable to conduct a comparison of the state's treatment of a black venireperson, against its treatment of nonminority venirepersons.

• Criminal Law

Connecticut Appellate Court

State v. Carter

Writ Of Error Coram Nobis Was Not Filed Within Three Year Limit

April 29, 2013 | The Connecticut Law Tribune

The three year limitation for the filing of a petition for a writ of error coram nobis has been the law in Connecticut for more than 130 years. In connection with a drug turf shooting during which a seven year old girl was struck by a stray bullet, Anthony Carter was convicted, following a jury trial, of various crimes including assault in the first degree.

• Criminal Law

Connecticut Appellate Court

O'Neil v. Commissioner of Correction

Failure To Object Did Not Amount To Ineffective Assistance

April 29, 2013 | The Connecticut Law Tribune

As explained in the 2004 Connecticut Appellate Court case of Toccaline v. Commissioner of Correction, "the decision of a trial lawyer not to make an objection is a matter of trial tactics, not evidence of incompetency?"

• Criminal Law

Connecticut Appellate Court

Bank of New York as Trustee (BS ALT A 2005-9) v. Bell

Contempt Finding Was Reversed As Based On Overly Broad Order

April 29, 2013 | The Connecticut Law Tribune

Pursuant to Practice Book §13-6 and §13-9, the trial court had no authority to order the plaintiff to turn over documents that belonged to a separate nonparty entity and acted beyond the scope of its authority in holding the plaintiff in contempt for failing to do so.

• General Civil Practice

Connecticut Supreme Court

Sims v. Department of Environmental Protection

Seawall Fell Below High Tide Line And Was Properly Ordered Removed

April 29, 2013 | The Connecticut Law Tribune

By exercising jurisdiction under both Connecticut General Statutes §22a-361 and §22a-108 of the Coastal Management Act, the Department of Environmental Protection could assert jurisdiction over an entire seawall, not just portions constructed waterward of the high tide line in violation of C.G.S. §22a-361.

• Environmental Law

Connecticut Supreme Court

Santorso v. Bristol Hospital

Res Judicata Did Not Apply But, Neither Did Savings Statute

April 29, 2013 | The Connecticut Law Tribune

The doctrine of res judicata does not preclude a second medical malpractice action when the first action, challenged for failure to attach a good faith certificate or opinion letters required by C.G.S. §52-190a, properly should have been tested, not by way of motion to strike, but, rather by motion to dismiss, the granting of which would not constitute a judgment on the merits.

• General Civil Practice

Connecticut Supreme Court

State v. George A.

Mice Crushing Fetish Was So Unique, It Was Virtual Signature

April 22, 2013 | The Connecticut Law Tribune

In the 2008 case of State v. DeJesus, the Supreme Court concluded that "evidence of uncharged sexual misconduct is admissible only if it is relevant to prove that a defendant had a propensity or a tendency to engage in the type of aberrant and compulsive criminal sexual behavior with which he or she [was] charged."

Connecticut Supreme Court

Tine v. Zoning Board of Appeals of the Town of Lebanon

Enforcement Action Was Timely Because Deck Was Not A "Building"

April 22, 2013 | The Connecticut Law Tribune

The plain meaning of the term "building," as used in Connecticut General Statutes §8-13a(a), refers to an edifice designed to stand permanently, with a roof and walls.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Connecticut Appellate Court

AFSCME, Council 4, Local 2663 v. Department of Children and Families

Award Properly Upheld Termination Of DCF Worker For Baby's Death

April 22, 2013 | The Connecticut Law Tribune

As explained in the 2010 Appellate Court case of Teamsters Local Union No. 677 v. Board of Education, "as long as the arbitrator is even arguably construing or applying the contract and acting within the scope of authority, the award must be enforced."

• Alternative Dispute Resolution

Connecticut Appellate Court

Little v. Mackeyboy Auto, L.L.C.

Service On General Manager Of Company Constituted Good Service

April 22, 2013 | The Connecticut Law Tribune

There is no exclusive means for service on a limited liability company and service on a limited liability company's general manager constituted proper service under C.G.S. §52-57(c).

• General Civil Practice

Connecticut Appellate Court

Lopez v. Commissioner of Correction

Counsel Was Not Ineffective For Failing To Refile For A New Trial

April 22, 2013 | The Connecticut Law Tribune

A petition for a new trial, as explained in the 2007 Appellate Court case of Small v. State, "is not a criminal action," and no authority supported the contention that the constitutional requirement of effective assistance of counsel required trial counsel to continue his representation after the conclusion of the criminal trial by commencing such a civil proceeding.

• Criminal Law

Connecticut Appellate Court

Tow v. Tow

No Error In Post-Judgment Rulings And Denial Of Relocation Request

April 22, 2013 | The Connecticut Law Tribune

Precedent establishes that review of a trial court's decision regarding relocation orders is one of abuse of discretion.

• Family Law

Connecticut Appellate Court

Peterson v. Connecticut Attorneys Title Insurance Company

Given Invalid Lis Pendens, Title Insurance Correctly Issued

April 22, 2013 | The Connecticut Law Tribune

The plaintiff's withdrawal of her action against the sole owner of the property in question terminated her interest in the lis pendens on the property.

• Real Estate / Commercial Leasing / Landlord / Tenant Law

Superior Court

ABB Inc. v. Tate & Renner

Apparent 1st Impression On Sarbanes-Oxley Act Pre-emption

April 22, 2013 | The Connecticut Law Tribune

Congress did not intend to occupy the entire field when it enacted the Sarbanes-Oxley Act, and parties may bring state-law claims.

• General Civil Practice

Superior Court

Doe v. Schare

Plaintiffs Alleging Sex Abuse May Use Pseudonyms

April 22, 2013 | The Connecticut Law Tribune

When ruling on a request to use pseudonyms, a court may consider whether the plaintiffs possess a substantial privacy right that is greater than the customary and constitutionally embedded presumption of openness in judicial proceedings.

• General Civil Practice

Superior Court

Uddin v. State Farm Mutual Automobile Insurance Co.

Former Agent Sought Discovery On Whether He Was 'Employee'

April 22, 2013 | The Connecticut Law Tribune

A former agent may be entitled to discovery on the topic of interns, if that helps a factfinder decide whether intern agents who remained at the defendant qualified as "employees," as opposed to independent contractors.

• General Civil Practice

Superior Court

DeAngelis v. Warden

Inmate With Back Pain Failed To Prove Deliberate Indifference

April 22, 2013 | The Connecticut Law Tribune

Allegations that corrections officials refused to order magnetic resonance imaging or to approve a soft mattress for an inmate who allegedly suffers from severe back pain may be insufficient to prove deliberate indifference to a serious medical condition, in violation of the Eighth Amendment.

• Criminal Law

Superior Court

State v. Eason

50 Years Affirmed For Choking Girlfriend Of 8 Years

April 22, 2013 | The Connecticut Law Tribune

An individual who pleads guilty to murder, in violation of Connecticut General Statutes §53a-54a, can be sentenced to 60 years in prison.

• Criminal Law

Superior Court

State v. Furs

47 Years Affirmed For 21- Year-Old In Murder For Hire

April 22, 2013 | The Connecticut Law Tribune

An individual who participates in a premeditated murder, in exchange for the payment of $2,000, may not be entitled to a sentence reduction, even if the individual did not possess an extensive criminal record and was only 21 years old.

• Criminal Law

Superior Court

State v. William

Search Allowed Pursuant To Auto Exception To Warrant Requirement

April 22, 2013 | The Connecticut Law Tribune

Police may search motor vehicles, without a warrant, provided that probable cause of criminal activity exists.

• Criminal Law

Superior Court

Campbell v. Pelletier

Court Off Set Premiums Paid For Plaintiff's Family

April 22, 2013 | The Connecticut Law Tribune

A court that computes a reduction for collateral source payments may elect to use the amount of health insurance premiums that were paid on behalf of the plaintiff, his spouse and child, as opposed to merely the health insurance premiums that were paid on behalf of the plaintiff.

Superior Court

O'Mara v. Perito

Couple Awarded $118,903 For 2008 Motor-Vehicle Accident

April 22, 2013 | The Connecticut Law Tribune

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to plaintiffs who allegedly were injured in a motor-vehicle accident.

• Personal Injury

Superior Court

Bennett v. Shaheer

Part-Owner Alleged Start-Up Company Violated C.G.S. §31-72

April 22, 2013 | The Connecticut Law Tribune

An individual who allegedly is a 49 percent owner can possess a valid claim for failure to pay commissions to an "employee," in violation of Connecticut General Statutes §31-72.

• Labor and Employment Law

Superior Court

In Re: Omayra; In Re: Andrew; In Re: Danny

Parents With Mental Restrictions Were Entitled To Special Services

April 22, 2013 | The Connecticut Law Tribune

To terminate parental rights, the Department of Children and Families may be required to prove it referred individuals with cognitive restrictions for special services.

• Family Law

Superior Court

In Re: Schmarr; In Re: Lendsey

DCF Proved Father Of Nine Children Failed To Rehabilitate

April 22, 2013 | The Connecticut Law Tribune

A court can find that termination of the rights of the biological parents is in the best interests of the minor child, because the biological parents failed to rehabilitate.

• Family Law

Superior Court

Kopylec v. Kopylec

Wife Allegedly Colluded To Deprive Husband Of Savings

April 22, 2013 | The Connecticut Law Tribune

A court can find one party at greater fault for the breakdown of the marital relationship, as a result of evidence that that party colluded to deprive the other spouse of savings and possessions.

• Family Law

Superior Court

Palazzo v. Palazzo

Court Kept Jurisdiction Although Parents Are Not College Graduates

April 22, 2013 | The Connecticut Law Tribune

A court may keep continuing jurisdiction for the purposes of a future education support order, pursuant to Connecticut General Statutes §46b-56c, even if neither party graduated from college.

• Family Law

Superior Court

Sterniak v. Sterniak

Husband Has 60 Days To Pay Wife $92,500 Lump Sum

April 22, 2013 | The Connecticut Law Tribune

A court can order the parties to sell the marital residence and to divide the net proceeds of sale, unless one of the parties pays the other a lump sum property distribution within 60 days.

• Family Law

Superior Court

Bell v. Marrakech Inc.

Disabled Woman Allegedly Choked To Death At Care Facility

April 22, 2013 | The Connecticut Law Tribune

Business entities that are not licensed or supervised by the Department of Public Health may not qualify as "health care providers," for purposes of Connecticut General Statutes §52-190a(a).

• Health Law

Superior Court

The Travelers Home and Marine Insurance Co. v. Zachs

Homeowner's Conduct In Harboring Son Did Not Qualify As 'Accident'

April 22, 2013 | The Connecticut Law Tribune

A homeowner's alleged conduct in harboring and concealing a fugitive for two decades may not qualify as an accident or occurrence.

• Insurance Law

Superior Court

Disciplinary Counsel v. Starkey

Lawyer Who Allegedly Disobeyed Court Orders Suspended 18 Months

April 22, 2013 | The Connecticut Law Tribune

An attorney who allegedly disobeys repeated court orders, and refuses to pay in full a court judgment, engages in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4) of the Rules of Professional Conduct.

Board of Labor Relations

In the Matter of: City of Bridgeport and Bridgeport Police Union, Local 1159, Council 15, AFSCME, AFL-CIO

Crime Reduction Assignment Did Not Require Mandatory Bargaining

April 22, 2013 | The Connecticut Law Tribune

To prevail on a claim of illegal, unilateral change, a union may be required to prove that a practice concerns a mandatory subject of bargaining.

Board of Mediation and Arbitration

City of Hartford and AFSCME, Council 4, Local 1716

Hartford Agreed To Waive Time Restrictions In Union Contract

April 22, 2013 | The Connecticut Law Tribune

If the parties recognize that time restrictions in a collective bargaining contract may be difficult to meet and agree to waive them, a municipality may be estopped from relying on the time restrictions as a basis to claim that a grievance is not arbitrable.

Board of Mediation and Arbitration

Stamford Housing Authority and AFSCME, Council 4, Local 1303-260

Experienced Housing Clerk Sought To Bump Into Receptionist's Job

April 22, 2013 | The Connecticut Law Tribune

A senior worker who is discharged may not be allowed to bump into another position, if the senior worker is not qualified.

Commission on Human Rights and Opportunities/Office of Public Hearings

Commission on Human Rights and Opportunities ex rel. Alfred Mayo v. Bauer Inc.

No Proof Minority Who Allegedly Was Called 'N----' Was Qualified

April 22, 2013 | The Connecticut Law Tribune

To prove a prima facie case of discrimination on the basis of race, a worker may be required to establish he belongs to a protected class, he is qualified, and he suffered an adverse employment action in circumstances that led to an inference of discrimination on the basis of illegal race discrimination.

Compensation Review Board

Bombria v. Bonafine

Medical Bills Were Insufficiently Proven For Reimbursement Order

April 22, 2013 | The Connecticut Law Tribune

Even properly admitted evidence may fail to prove what the moving party seeks to establish as a fact and medical bills showing a zero balance admitted into evidence without testimony or documentary evidence explaining how they were paid were too ambiguous and confusing to support orders of reimbursement.

Compensation Review Board

Peltier v. Town of Avon

Retired Officer Was Eligible For Higher Health Insurance Benefits

April 22, 2013 | The Connecticut Law Tribune

Claimants with heart and hypertension awards under Connecticut General Statutes §7-433c have been treated as qualifying for C.G.S. §31-284b continued health insurance coverage in the same manner as claimants within the ambit of Chapter 568.

Compensation Review Board

Snyder v. Gladeview Healthcare Center

Unexecuted Agreement Was Not Enforceable After Claimant's Death

April 22, 2013 | The Connecticut Law Tribune

The trial commissioner lacked legal authority to enforce a settlement agreement allegedly reached between the claimant and respondent, which the respondent did not execute prior to the claimant's death.

Department of Energy and Environmental Protection

In the Matter of: Vorlon Holding LLC

President And Sole Member Of LLC Jointly Responsible For Pollution

April 22, 2013 | The Connecticut Law Tribune

Even if a president of a limited liability company designates corporate decision making to another individual, the president can be found jointly responsible for "maintaining" environmental contamination.

Mashantucket Pequot Tribal Court

McDonough v. Mashantucket Pequot Gaming Enterprise

Dealer Allegedly Threw Cards To Foxwoods Customers

April 22, 2013 | The Connecticut Law Tribune

Employees who allegedly exhibit rude and discourteous conduct, in violation of employee standards of conduct, can be discharged.

U.S. Bankruptcy Court

In Re: Buglione

Chapter 13 Debtor's Attorney Awarded $3,500 In Attorneys' Fees

April 22, 2013 | The Connecticut Law Tribune

Even if a debtor does not obtain a discharge in bankruptcy, a Bankruptcy Court may award attorneys' fees to the debtor's attorney, based on Connecticut law and a retainer agreement.

U.S. District Court

Kovaco v. Rockbestos-Suprenant Cable Corp.

Amendment Was Intended To Supplant Original Expert Report

April 22, 2013 | The Connecticut Law Tribune

A plaintiff may be allowed to amend an expert report, provided that there is no prejudice to the defendant, and the plaintiff reimburses the defendant's costs for filing an objection.

U.S. District Court

Travelers Home & Marine Insurance Co. v. Home Depot USA Inc.

Home Depot Did Not Remove Suit To District Court In 30 Days

April 22, 2013 | The Connecticut Law Tribune

A party can file a motion to remove a suit to District Court within 30 days after it becomes apparent from a pleading, motion or other document that the suit is subject to removal.

U.S. District Court

Barati v. Metro North Railroad

Apparent 1st Impression On Damages For Distress Under FRSA

April 22, 2013 | The Connecticut Law Tribune

The Federal Rail Safety Act permits damages for emotional distress.

U.S. District Court

Cook v. Amedisys Inc.

Allegedly RN Was Not Paid Overtime And Time-And-One-Half

April 22, 2013 | The Connecticut Law Tribune

Allegations that a plaintiff was wrongly classified as exempt and was not compensated, when the plaintiff worked more than 40 hours per week, may be sufficient to state a claim pursuant to the Fair Labor Standards Act.