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Monday, February 8, 2010
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Agency Courts BOARD OF MEDIATION AND ARBITRATION
City Lacked Just Cause To Issue Written Warning To Firefighter 
A city lacks just cause to issue a written warning for insubordination, if the city orders a worker to arrange an appointment `immediately,' without stating the particular timeframe, and the employee arranges the appointment within 10 days.
Appellate Court CRIMINAL PRACTICE
No Prejudice Established From Counsel’s Failure To Raise Claim
In the 2008 case of Crawford v. Commissioner of Correction, our Supreme Court ruled that in `a habeas corpus proceeding, the petitioner’s burden of proving that a fundamental unfairness has been done is not met by speculation . . . but by demonstrable realities' and, here, when there was no reliable basis for a determination that the petitioner requested an attorney at the outset of an interrogation, there was no reasonable probability that the outcome of the hearing on his motion to suppress his confession would have been different had his attorney raised a claim that his Miranda rights were violated.
CRIMINAL PRACTICE
Trial Counsel Was Effective In Challenging Eyewitness
The fact that trial counsel arguably could have inquired more deeply into certain areas, or failed to inquire at all into areas of claimed importance, falls short of establishing deficient performance.
FAMILY LAW
Termination Of Father’s Rights Was In Best Interest Of Child
The Connecticut Appellate Court in the 2009 case of In re Tremaine explained that the `best interests of the child include the child’s interests in sustained growth, development, well-being and continuity and stability of its environment.'
FAMILY LAW
No Injustice Flowed From Retroactive Child Support Order
Prior case law establishes that in a contempt proceeding, even without a finding of contempt, the court has broad discretion to make whole a party who has suffered from another party’s failure to comply with a court order.
Federal Courts CIVIL PRACTICE
84-Year-Old Former Employee Moved To Quash Deposition
A court can grant a motion to quash the deposition of a former employee, as a result of evidence that a deposition could harm the former employee’s health and that he suffers from memory loss and is easily susceptible to suggestions.
CRIMINAL PRACTICE
Probable Cause Existed To Arrest Driver With $15,000 In Vehicle
Probable cause can be based on the collective information of all of the officers on a surveillance team, if the officers keep in communication with one another, pursuant to U.S. v. Cruz, a 1987 decision of the U.S. Court of Appeals for the 2nd Circuit.
EMPLOYMENT
African-American Client Manager Alleged Race Discrimination
`A reason cannot be proved to be a "pretext for discrimination" unless it is shown both that the reason was false, and that the discrimination was the real reason,' pursuant to St. Mary’s Honor Ctr. v. Hicks, a 1993 decision of the U.S. Supreme Court.
Second Circuit Court CIVIL RIGHTS
Court Lacked Jurisdiction Over Taxpayer’s §1983 Suit
The Tax Injunction Act provides, `The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.'
CRIMINAL PRACTICE
Inmate Failed To Prove Deliberate Indifference To Medical Need
`Because the Eighth Amendment is not a vehicle for bringing medical malpractice claims, nor a substitute for state tort law, not every lapse in prison medical care will rise to the level of a constitutional violation,' pursuant to Smith v. Carpenter, a 2003 decision of the U.S. Court of Appeals for the 2nd Circuit.
CRIMINAL PRACTICE
Government Proved Defendant `Willfully’ Dealt In Firearms
To establish a defendant unlawfully deals in firearms, the government must prove the defendant willfully engaged in the business of dealing in firearms and that the defendant lacked a license to deal in firearms.
Superior Court CIVIL PRACTICE
Plaintiff Won $10,000 Prejudgment Remedy For Alleged Defamation
To obtain a prejudgment remedy, a plaintiff must establish probable cause that a judgment will be issued on the merits, in an amount equal to or greater than the amount of the prejudgment remedy requested, taking into account any defenses, counterclaims or set offs.
EMPLOYMENT
African-American Analyst Sought Promotion To Work As Team Leader
`Title VII does not require that the candidate whom a court considers most qualified for a particular position be awarded that position; it requires only that the decision among the candidates not be discriminatory,' pursuant to Craine v. Trinity College, a 2002 decision of the Connecticut Supreme Court.
FAMILY LAW
`Exit Pay’ Is Included As Part Of Husband’s Military Pension
The Uniformed Services Former Spouse Protection Act, 10 U.S.C. §1408, does not include the term `pension' and discusses `disposable retired pay,' which is defined as `the total monthly retired pay to which a member is entitled.'
INSURANCE LAW
Allegedly Pedestrian Threw Bottle At Driver Who Honked
`It is generally understood that for liability for an accident or an injury to be said to "arise out of" the "use" of an automobile for the purpose of determining coverage under the appropriate provisions of a liability insurance policy, it is sufficient to show only that the accident or injury "was connected with," "had its origins in," "grew out of," "flowed from," or "was incident to" the use of the automobile, in order to meet the requirement that there be a causal relationship between the accident or injury and the use of the automobile,' pursuant to Hogle v. Hogle, a 1975 decision of the Connecticut Supreme Court.
TORTS
§17a-101 Not A Defense To Claims Of Common-Law Negligence
In a minor plaintiff’s sexual abuse suit, alleging that the minor plaintiff suffered additional abuse, as a result of the defendant’s failure to report suspected child abuse, a good-faith special defense pursuant to C.G.S. §17a-101 cannot be used in response to common-law counts.
Supreme Court CIVIL PRACTICE
Savings Statute Requires Delivery To Marshal For Service
Pursuant to C.G.S. §52-593a (a), a cause of action is not lost because of the expiration of a statute of limitations if process is personally delivered to a state marshal who thereafter effectuates service within 30 days of its delivery and the Supreme Court ruled that delivery of process to the marshal must be made within the applicable limitations period and delivery is not complete until the marshal is instructed to effectuate service.
GOVERNMENT
Class Properly Certified Against Town For Improper Permit Fees
The Supreme Court lacked jurisdiction to consider the issue of whether a Connecticut Unfair Trade Practices Act claim may be brought against a municipality in the context of an interlocutory appeal from a class certification order when the issue was not raised and ruled on below; but, the order granting class certification of the plaintiffs’ CUTPA claim was affirmed.
Tribal Courts
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