Decisions

Most Viewed Decisions

U.S. District Court

Abelli v. Ansonia Board of Education

A worker who receives an opportunity to clear her name publicly may not possess a stigma-plus claim.

Practice Areas: Labor and Employment , Hiring/Firing

U.S. District Court

Nandori v. City of Bridgeport

A worker who requests an indefinite medical leave of absence, with an approximate date of return, may not possess a claim for failure to accommodate.

Practice Areas: Labor and Employment , Hiring/Firing , Family and Medical Leave Act

New Haven J.D., at New Haven

Doe v. Krsmanovic

At a hearing in damages against a defendant who has not appeared, a plaintiff is in control of the evidence to be introduced and may not be entitled to seal the courtroom, even if the plaintiff alleges sexual assault.

Practice Areas: Civil Procedure , Trial , Torts , Personal Injury , Intentional Torts , Assault

New London J.D., at New London

Harnage v. Schulman

To prevail on a claim pursuant to 42 United States Code §1983, a plaintiff must establish he was deprived of a constitutionally or federally protected right by an individual acting under color of state law.

Practice Areas: Civil Rights , Constitutional Law

Hartford J.D., at Hartford

Merscorp Holdings Inc. v. Malloy

The legislature's decision to charge a fee may not qualify as a "taking" under well-established principles of constitutional law.

Practice Areas: Constitutional Law , Creditors’ and Debtors’ Rights

New Haven J.D., at New Haven

Dubose v. LCT Acquisition LLC

Allegations that a defendant falsely represented that a dormitory room was inspected and was safe for use by a college student, to induce the college student to return to the dormitory room, may be sufficient to allege misrepresentation in connection with the defendant's trade or practice.

Practice Areas: Consumer Protection

Fairfield J.D., at Bridgeport

Palkimas v. Nationwide Insurance Co. of America

The alleged negligence of an independent contractor that remediates property is not attributable to an insurance company that employs the independent contractor.

Practice Areas: Contracts , Breach , Insurance Law

Tolland J.D., at Rockville

Peeler v. Warden

The state's failure to provide phone company records to a defendant may not constitute a Brady violation.

Practice Areas: Criminal Law

Litchfield J.D., at Litchfield, G.A. 18

State v. Sterpka

Nervousness alone may be insufficient to constitute the basis for a reasonable and articulable suspicion of criminal activity and to extend the duration of a traffic stop.

Practice Areas: Criminal Law , Evidence

Fairfield J.D., at Bridgeport

Llanos v. City of Norwalk

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering.

Practice Areas: Torts , Damages , Motor Vehicles , Personal Injury

Waterbury J.D., at Waterbury

Shehu LLC v. Adams

Attorneys who market themselves by writing Internet blogs and who practice in different states may not possess a "competitive" business relationship, for purposes of an unfair trade practices claim.

Practice Areas: Consumer Protection , Legal Profession , Torts , Intentional Torts , Defamation

New Haven J.D., at New Haven

Cotto v. Smith

An apportionment complaint cannot be filed against an unidentified individual, and the liability of an unidentified driver of a third-party motor vehicle cannot be apportioned to the uninsured motorist carrier for the first-party plaintiff's motor vehicle, if neither the unidentified driver nor the insurance company were served in the underlying action.

Practice Areas: Civil Procedure , Parties , Motion Practice , Insurance Law , Automotive

New London J.D., at New London

Tedford v. Coastal Behavioral Health LLC

A therapist may be required to produce the psychotherapy records of sessions with a decedent, if presented with a proper authorization that complies with the requirements of HIPAA, the Health Information Portability and Accountability Act.

Practice Areas: Civil Procedure , Discovery , Health Law

New Haven J.D., at New Haven

Vitelli v. Allstate Property and Casualty Insurance Co.

A court may enforce an insurance exclusion that applies to individuals who are operating their own motor vehicle for which they possess insurance coverage.

Practice Areas: Insurance Law , Policy Terms , Automotive

New London J.D., at New London

Coggeshall v. Fitch Homestead LLC

Plaintiffs who allege open and continuous of property and who do not allege that their use was exclusive and hostile may not possess a valid cause of action for adverse possession.

Practice Areas: Residential and Commercial Real Estate

Stamford/Norwalk J.D., at Stamford

Heisinger v. Cleary

Allegations that an executrix helped to arrange to hire an appraiser who grossly overvalued estate assets may be sufficient to allege breach of fiduciary duty.

Practice Areas: Trusts and Estates

State Elections Enforcement Commission

Complaint: by Wentworth

The treasurer of a political town committee may remain treasurer, even if the treasurer provides written notice of resignation to the town committee chair, unless the treasurer also provides written notice to the State Elections Enforcement Commission.

Practice Areas: Administrative Law , Election and Political Law

Connecticut Appellate Court

State v. Rosado

Counsel may waive the provisions of Practice Book §42-27, pertaining to the court's response to jury requests for additional instructions during deliberations.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Collins

Connecticut Code of Evidence §8-6(4) embodies an exception to the hearsay rule for statements against penal interest and applies where a hearsay statement made by an unavailable declarant was "trustworthy…[and] at the time of its making, so far tended to subject the declarant to criminal liability…."

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

In Re: Kyara H.

For a termination of parental rights petition, the law does not require a continuation of reasonable efforts to reunify the parent and child on the part of the Department of Children and Families when such efforts will be futile.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Kyara H.

Connecticut courts have consistently eschewed the notion that judges lack the ability to weigh the evidence and make correct best interest determinations in termination of parental rights cases.

Practice Areas: Family Law

Connecticut Appellate Court

Pellecchia v. Connecticut Light and Power Company

A cause of action for indemnification is inconsistent with, and thus vitiated by, allegations of acts or omissions that necessarily invoke the municipal highway defect statute, Connecticut General Statutes §13a-149.

Practice Areas: Torts , Personal Injury

Connecticut Appellate Court

State v. Daniel G.

Because a police video of a vehicle pursuit did not conclusively establish the facts and undisputedly indicate that the defendant was not accelerating or lacked the intent to elude the pursuing officer, it did not have preclusive effect over the testimony of witnesses.

Practice Areas: Evidence , Criminal Law , Constitutional Law

U.S. District Court

A&R Body Specialty v. Progressive Casualty Insurance Co.

A District Court can dismiss a counterclaim that lacks a common nucleus of fact with the allegations in the plaintiffs' complaint.

Practice Areas: Civil Procedure , Motion Practice

U.S. District Court

Dickinson_OneWest_Bank.012714

Federal Rule of Civil Procedure 9(b) requires that a party who alleges fraud in connection with a short-sale foreclosure "must state with particularity the circumstances constituting fraud or mistake."

Practice Areas: Creditors’ and Debtors’ Rights , Legal Profession , Civil Procedure , Motion Practice

U.S. District Court

Castelluccio v. International Business Machines Corp.

A court can preclude a report written by a human resources expert, if the prejudicial effect of the evidence is greater than the probative value.

Practice Areas: Evidence , Admissibility , Labor and Employment , Discrimination , Age Discrimination , Hiring/Firing

New Britain J.D., at New Britain

Seibold v. Commissioner of the Department of Motor Vehicles

Connecticut General Statutes §4-183(c) does not permit service of an administrative appeal via fax, even if the administrative agency receives actual notice.

Practice Areas: Administrative Law , Appellate Law - Civil , Procedure , Civil Procedure , Jurisdiction and Service of Process

Fairfield J.D., at Bridgeport

Peay v. State

A court may not be persuaded that a plaintiff suffered a permanent partial disability, if the plaintiff did not visit a chiropractor until one year after a motor-vehicle accident, and the plaintiff had previous injuries.

Practice Areas: Torts , Causation , Motor Vehicles , Damages , Personal Injury

Litchfield J.D., at Litchfield

Town of Woodbury v. Board of Education, Regional School District 14

Failure to comply strictly with notice requirements may be insufficient to make referendum results invalid, absent evidence of actual prejudice.

Practice Areas: Election and Political Law

U.S. District Court

Tomkins v. Amedisys Inc.

A District Court can grant conditional certification in a putative collection action under the Fair Labor Standards Act, if the name plaintiffs make a modest factual showing that they are similarly situated to potential opt-in plaintiffs with respect to job requirements and pay, pursuant to Myers v. Hertz Corp, a 2010 decision of the 2nd Circuit.

Practice Areas: Civil Procedure , Class Actions , Labor and Employment , Wages and Hours

U.S. District Court

Lynch v. Ackley

Absent facts that would lead to a reasonable conclusion that a plaintiff's emotional distress was severe, a plaintiff's allegation that he suffered emotional distress may be insufficient to allege a claim for intentional infliction of emotional distress, which requires proof of severe emotional distress.

Practice Areas: Torts , Emotional Distress , Labor and Employment

New Haven J.D., at New Haven

Cohan v. Vazquez

An isolated and not overly prejudicial observation from defense counsel to which the court immediately responds, that was "not fair game," and issues a curative instruction may not qualify as grounds to set aside the verdict.

Practice Areas: Civil Procedure , Trial , Torts , Personal Injury , Motor Vehicles , Damages

New Britain J.D., at New Britain

Commission on Human Rights and Opportunities v. Department of Correction

Although Connecticut General Statutes §46a-64(a)(3) is intended to remove social and legal obstacles to women who want to breastfeed, a female visitor may not be allowed to breastfeed at a correctional center, because correctional centers do not qualify as places of "public accommodation," resort or amusement.

Practice Areas: Civil Rights , Constitutional Law

Danbury J.D., at Danbury

State v. Nogueira

An individual who has been convicted of first-degree kidnapping can be sentenced to 25 years in prison.

Practice Areas: Criminal Law

New Haven J.D., at New Haven

Andrade v. Tradition Golf Club of Wallingford LLC

A golf cart that was not designed to be used on public roads may not qualify as an uninsured- or underinsured-motor vehicle.

Practice Areas: Insurance Law , Automotive

Compensation Review Board

Bunker v. Bozzuto's Inc.

It is well-settled that a finding of total disability in another adjudicative forum is not generally dispositive of a total disability claim presented to the Workers' Compensation Commission.

Practice Areas: Social Services Law , Workers’ Compensation

State Elections Enforcement Commission

Complaint: by Zipparo

In general, Connecticut General Statutes §9-369b(a) prohibits expenditures of state or municipal funds to influence any person to vote to approve or to disapprove a referendum.

Practice Areas: Administrative Law , Election and Political Law

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

Pelaez-Velasquez v. Holder

A visa petition that has been denied is not prima facie approvable.

Practice Areas: Immigration Law

Connecticut Appellate Court

Nikola v. 2938 Fairfield, LLC

A transaction secured by a mortgage on real property and involving an amount exceeding $5000 was exempted by the Usury Statute, Connecticut General Statutes §37-9(3).

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Garcia v. Commissioner of Correction

A procedural rule, to be classified as watershed, and therefore apply retroactively, must both improve the accuracy of a trial and ensure the fundamental fairness of criminal proceedings.

Practice Areas: Constitutional Law , Evidence , Criminal Law

Connecticut Appellate Court

State v. Chance

The touchstone for determining whether the movement or confinement at issue constituted kidnapping is not its extensiveness, but, as explained in the 2008 Connecticut Supreme Court decision in State v. Salamon, "whether it was accomplished with the requisite intent, that is, to prevent the victim's liberation."

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

John Roe #1 v. Boy Scouts of America Corporation

A duty of care is a prerequisite to a finding of negligence. John Roe #1 brought this action against Boy Scouts of America Corporation and Connecticut Rivers Council, Inc., alleging against each defendant, corporate negligence, breach of duty on the basis of a fiduciary or confidential relationship and breach of special duty of care owed to children.

Practice Areas: Torts

Connecticut Appellate Court

Resso v. Administrator, Unemployment Compensation

The administrator of the Unemployment Compensation Act, or any reviewing administrative authority, in making a finding of willful misconduct, must expressly make findings as to all of the elements listed in the relevant regulation, including a recitation of the facts that are the basis of those findings.

Practice Areas: Social Services Law , Unemployment Compensation

State Elections Enforcement Commission

Complaint: by Morillo; Complaint by: Perez-Crucetts

To qualify for Citizens' Election Program funds, a candidate may be required to collect qualifying contributions from 150 individuals who live in the candidate's district.

Practice Areas: Administrative Law , Election and Political Law

New London J.D., at New London

Wojeck v. Latimer Point Condominium Association Inc.

The board of a condo association owes a duty of care and loyalty to the condo association and not to an individual owner.

Practice Areas: Residential and Commercial Real Estate , Consumer Protection

New Britain J.D., at New Britain

Commission on Human Rights and Opportunities v. Echo Hose Ambulance

An unpaid volunteer who works for an ambulance company may not qualify as an "employee" for purposes of the Connecticut Fair Employment Practices Act, Connecticut General Statutes §46a-60.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Race Discrimination

Hartford J.D., at Hartford

Davis v. Gramegna

A court can fine an individual who allegedly fails to comply with a zoning enforcement officer's cease-and-desist order and to comply with municipal zoning regulations.

Practice Areas: Land Use and Planning , Residential and Commercial Real Estate

Freedom of Information Commission

McCarthy v. Assessor, Town of Redding

The attorney client-privilege extends to persons who act as the attorney's agents only if the information provided by the agent is used by the attorney to render legal advice to the client.

Practice Areas: Administrative Law

State Elections Enforcement Commission

Complaint: by Ciarciello

A state employee who allegedly uses a state computer, equipment and supplies to defray the costs of municipal candidates and a political town committee can violate Connecticut General Statutes §9-622.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint: by Gostin

An individual who fraudulently votes more than once at the same election can be fined $300 to $500, disenfranchised and incarcerated for one year, pursuant to Connecticut General Statutes §9-360.

Practice Areas: Administrative Law , Election and Political Law

Connecticut Appellate Court

State v. Maner

With no connect between a firearm and the crimes charged, the court improperly admitted the weapon into evidence because the state failed to establish its materiality.

Practice Areas: Evidence , Constitutional Law , Criminal Law

Connecticut Appellate Court

State v. Sease

Because the trial court was not provided with an opportunity to rule on the issue raised on appeal, the evidentiary claim was not preserved for appellate review.

Practice Areas: Criminal Law , Evidence

New Britain J.D., at New Britain

Shea v. Hoffman

A patient may not be required to provide a written opinion from a similar healthcare provider, if the patient alleges that an unlicensed individual operated on the patient without the patient's permission.

Practice Areas: Torts , Intentional Torts , Assault , Medical Malpractice , Health Law

Litchfield J.D., at Litchfield

Carvalho v. Redeker

A reasonable individual could not find that 30 minutes is sufficient for the Department of Transportation to discover and to remedy ice on a highway.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Board of Mediation and Arbitration

Danbury Board of Education and Teamsters, Local 677

A board of education possesses just cause to discharge a worker who allegedly expresses suicidal feelings to co-workers and jokes to a hospital worker that if he were going to commit suicide, he would "take the whole school down with me."

Practice Areas: Administrative Law , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Hiring/Firing

Statewide Grievance Committee

Manna v. Schmid

At trial, a lawyer may not allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence; assert personal knowledge, except when testifying as a witness; or state a personal opinion about the justness of a cause, the credibility of a witness, the culpability of a litigant, or the guilt or innocence of an accused.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Ramirez v. Garlinghouse

An attorney who allegedly does not file a motion to withdraw a client's divorce action, after his divorce client reconciles with her husband, may not be diligent, in violation of Rule 1.3 of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Connecticut Appellate Court

Percy v. Lamar Central Outdoor, LLC

The trial court's determination that the defendant failed to establish good cause to set aside a default pursuant to Practice Book §17-42 was not an abuse of discretion, considering the totality of the circumstances, where defendant's counsel exhibited a pattern of disregard for the court's orders and procedures.

Practice Areas: Civil Procedure , Torts , Damages

Connecticut Appellate Court

Mozell v. Commissioner of Correction

A plaintiff is generally empowered, though not without limitation, to withdraw a complaint before commencement of a hearing on the merits; but, a plaintiff is not entitled to withdraw a complaint without consequence at such hearing.

Practice Areas: Criminal Law

U.S. District Court

Nelson v. Myrtle Beach Collegiate Summer Baseball League LLC

Allegations that a defendant created an interactive Web site may be sufficient to allege minimum contacts with Connecticut.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Contracts , Breach , Consumer Protection

U.S. District Court

Jumpp v. Anaya

Allegations that corrections officers punched and kicked an inmate, and sprayed the inmate with mace, in retaliation, after the inmate wrote to the commissioner of the Connecticut Department of Correction can be sufficient to allege retaliation, in violation of the First Amendment.

Practice Areas: Criminal Law , Constitutional Law

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

Steginsky v. Xcelera Inc.

Any insider in possession of material inside information must either disclose to the public or abstain from trading in or recommending the securities, even if the stock has been deregistered by the Securities Exchange Commission.

Practice Areas: Securities and Federal Corporate Law , Insider Trading , Civil Procedure , Statute of Limitations

Connecticut Appellate Court

In Re: Shane M.

The term "rehabilitation" in Connecticut General Statutes §17a-112(j)(3)(B) is not limited to the conduct contemplated in the specific steps.

Practice Areas: Family Law , Constitutional Law

Connecticut Appellate Court

O'Donnell v. Bozzuti

Where the trial court's decision is silent as to the exact basis for finding a substantial change in circumstances, the Appellate Court necessarily must presume that the trial court acted correctly and uphold the findings absent a showing by the appealing party that the finding is clearly erroneous.

Practice Areas: Family Law

U.S. District Court

Hudak v. The Berkley Group Inc.

Connecticut's long-arm statute can provide jurisdiction if a foreign company repeatedly solicits business in Connecticut or engages in tortious conduct in Connecticut.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Consumer Protection

U.S. District Court

Sobhani v. Butler America Inc.

A worker who is denied long-term disability benefits may not be entitled to discovery outside the administrative record, absent proof of a reasonable chance that discovery will lead to information that will enable the worker to make a "good cause" showing.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Employee Benefits , Health Benefits

U.S. District Court

Vidal v. Metro North Commuter Railway Co.

Post-judgment documents may not be protected from disclosure under the work-product doctrine.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Discrimination , Race Discrimination , Evidence , Privileges

U.S. District Court

Reiske v. Bruno

Although inmates possess a First Amendment right to practice religion, the Department of Correction can restrict the free exercise of religion as a result of legitimate penological concerns.

Practice Areas: Criminal Law , Constitutional Law

Hartford J.D., at Hartford

Niziankiewicz v. Vision Salon & Spa

At a hearing in damages, a court can award economic damages for medical expenses and non-economic damages for pain and suffering.

Practice Areas: Torts , Damages , Personal Injury

New London J.D., at New London

Sidorova v. East Lyme Board of Education

Individual members of a bargaining unit lack standing to enforce the provisions of a collective bargaining contract, unless the union breaches its duty of fair representation.

Practice Areas: Labor and Employment , Hiring/Firing , Labor Law , Collective Bargaining Agreements , Torts , Emotional Distress

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

U.S. v. Johnson

A history of engaging in criminal activity while on supervised release can merit a concern that a defendant will fail to abide by bail conditions and will pose a threat to the community, even if the defendant offers a surety bond secured by a relative's residence and electronic monitoring.

Practice Areas: Criminal Law

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

U.S. v. Melendez

A District Court may consider the seriousness of criminal conduct, whether the defendant exhibits remorse and the likelihood of recidivism, when it sentences a defendant.

Practice Areas: Criminal Law

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

U.S. v. Williams

An individual who serves as a "manager or supervisor" of a fraudulent scheme may qualify for a sentencing enhancement, pursuant to §3B1.1(b) of the United States Sentencing Guidelines.

Practice Areas: Criminal Law , White Collar Crime , Banking Crimes

Compensation Review Board

Carney v. Town of Stratford

A party may not be sanctioned unless there is a factual predicate that supports the imposition of sanctions and in cases where there are complex issues of causation, the Compensation Review Board generally has indicated that the record did not support the imposition of sanctions.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Izikson v. Protein Science Corporation

An employer's filing a form 43, disclaiming liability, does not create an automatic exception to an employee's need to file a notice of claim under Connecticut General Statutes §31-294c.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

McMorris v. City of New Haven Police Department

Connecticut General Statutes §31-275(1)(A)(i) makes injuries sustained by a police officer or firefighter traveling between his abode and place of employment compensable under Chapter 568 and is silent as to the mode of transportation.

Practice Areas: Social Services Law , Workers’ Compensation

State Elections Enforcement Commission

Referral by Westport Registrars of Voters

An elector is eligible to register and vote in a particular town only if such voter is a bona fide resident of such town.

Practice Areas: Election and Political Law

Statewide Grievance Committee

New Haven J.D. Grievance Panel v. Piombino

A lawyer who allegedly fails to protect property adequately can violate Rule 1.15(e) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Punancy v. Callahan

An attorney who allegedly accepts a retainer and fails to perform any work may not be competent or diligent, in violation of Rule 1.1 and 1.3 of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Richard v. Callahan

An attorney who allegedly misrepresents the status of his clients' matter can engage in conduct that involves dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(3).

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Walsh v. Sebadduka

The Statewide Grievance Committee can reprimand an attorney who allegedly fails to file an answer to a grievance complaint, even if no proof of an attorney-client relationship exists between the attorney and the complainant.

Practice Areas: Administrative Law , Legal Profession

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

McMahon v. Chubb Group Insurance Cos.

A discretionary bonus may not qualify as a "wage" under Connecticut General Statutes §31-71a(3).

Practice Areas: Labor and Employment , Wages and Hours

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

Antropova v. Holder

When ruling whether a "qualifying marriage" was entered into in good faith, an immigration judge may consider whether the parties remained together a long time, combined their assets and had children together.

Practice Areas: Immigration Law

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

Saunders v. Vinton

A prisoner who alleges retaliation by correction workers may be required to prove that the alleged retaliation prevented the prisoner from taking timely legal action.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

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

U.S. v. Edwards

A defendant who has three prior predicate convictions for serious drug offenses and who pleads guilty to unlawful possession of ammunition can be sentenced as an "armed career criminal."

Practice Areas: Criminal Law

Board of Mediation and Arbitration

Town of Greenwich and IAFF, Local 1042

Arbitrators can find that an "unequivocal, clearly enunciated" past practice exists of requiring retirees to pay 25 percent of the costs of health insurance when they are 65 years old.

Practice Areas: Administrative Law , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Labor Law , Collective Bargaining Agreements , Employee Benefits , Pensions and Other Retirement Benefits

Citizen's Ethics Advisory Board

Advisory Opinion 2014-1

A firm can serve as a subcontractor in the construction phase of a state project, even though it previously served as a consultant in the design phase of the same project, provided it works for two differed contractors and does not work directly for a state agency.

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

Cosme v. Chief, Police Department, City of Hartford

The Department of Correction's decision to withhold, as a matter of policy, a cassette recording of police dispatch calls without listening to the tape, because it did not believe that it should devote the time necessary to review the recording, was inconsistent with the requirements of the Freedom of Information Act. Inmate Jose Cosme appealed to the Freedom of Information Commission alleging that the Hartford Police Department and its chief violated the Freedom of Information Act by failing to provide him with requested records concerning his convictions.

Practice Areas: Administrative Law

Freedom of Information Commission

Godbout v. Chief, Police Department, Town of East Lyme

The Commissioner of the Department of Emergency Services and Public Protection's determination that the release of certain requested municipal weapons records posed a safety risk was not shown to be inconsistent with the legislative intent of Public Acts 13-3 and 13-220, requiring registration of firearms purchased by citizens.

Practice Areas: Administrative Law

Freedom of Information Commission

DePillo v. Office of the Corporation Counsel, City of Waterbury

As stated in the 1994 Connecticut Supreme Court case of Ullmann v. State, the attorney-client privilege protects disclosures "necessary to obtain informed legal advice…." Lawrence DePillo appealed to the Freedom of Information Commission alleging that Waterbury and Waterbury's Office of the Corporation Counsel violated the Freedom of Information Act by failing to disclose requested records concerning property known as the Waterbury Bird Sanctuary, gifted to the city by the Goss family.

Practice Areas: Administrative Law

Connecticut Supreme Court

Yellow Books Sales and Distribution Company, Inc. v. Valle

As explained in the 1912 Supreme Court case of Jacobs v. Williams, "where the corporation appears as the primary signer, the almost universally accepted and reasonable rule of construction is that where the signature is that of the corporation, and the name or names of one or more of its officers in their official capacity are appended as subscribing agents … the corporation will be regarded as the signer and obligor, and the individuals will not be obligated," unless, "other language or the general tenor of the writing indicates a contrary intent."

Practice Areas: Contracts , Business Entities , Personal Liability

Connecticut Appellate Court

State v. Damone

There was no legally significant difference between the court's finding that the acquittee would be "at great risk to mentally relapse" if he were discharged and the phrase in Connecticut General Statutes §17a-580(7), that, if discharged, his mental illness "may, with reasonable medical probability, become active."

Practice Areas: Criminal Law

New Haven J.D., at New Haven

Williams v. Hy's Livery Service

Allegations that a worker expressed opposition to an allegedly discriminatory work policy, and that the worker's employer, which was aware of the employee's opposition, discharged the employee 21 days afterward, may be sufficient to establish prima facie retaliation.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Race Discrimination

Litchfield J.D., at Regional Family Trial Docket in Middletown

Bornn v. Bornn

A court can find that relocation to another state is not in the best interests of the minor children.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at Meriden

Neumon v. Benigni

A quo warranto action may only be brought against the holder of a "public office."

Practice Areas: Election and Political Law

Hartford J.D., at Hartford

In Re: Jeffrey

To prove that a juvenile engaged in third-degree assault, the state must prove that the juvenile acted with intent to cause physical injury and caused physical injury.

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Commissioner of Labor v. Lough

An executive vice president who possesses the ultimate authority and control to set the hours of employment and pay wages can be held responsible for a failure to pay vacation benefits.

Practice Areas: Labor and Employment , Employee Benefits , Labor Law , Wages and Hours

Hartford J.D., at Hartford

Kopiec v. Chong

Absent allegations of wanton, reckless or malicious conduct, a public defender may be entitled to immunity from a former client's legal-malpractice complaint, pursuant to Connecticut General Statutes §4-165.

Practice Areas: Legal Profession , Attorney Malpractice

U.S. District Court

Chen v. Young

A victim's knowledge of suspects' names and motivations can bar the victim's denial-of-access count against a police officer who allegedly redacted the names from an official police department report.

Practice Areas: Constitutional Law , Civil Procedure , Discovery

U.S. District Court

Shew v. Malloy

Legislation that restricts ownership of certain types of firearms may not violate the 2nd Amendment right to bear arms, if the legislation is substantially related to the important governmental interest of public safety and crime control.

Practice Areas: Constitutional Law