Decisions

Most Viewed Decisions

U.S. District Court

SRSNE Site Group v. Advance Coatings Co.

Although Section 107 of CERCLA "does not provide for the award of private litigants' attorney's fees associated with bringing a cost recovery action," a plaintiff may recover for attorney work to identify potentially responsible parties.

Practice Areas: Environmental Law , Energy and Natural Resources , Legal Profession , Attorney Fee Recovery

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

McKinney v. Warden

Corrections officers are permitted to use necessary force in a good-faith effort to maintain order and security in a correctional institution.

Practice Areas: Civil Rights , Criminal Law

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

Malik v. Holder

If a petitioner's family continues to live in the petitioner's native country, the petitioner's claim of a well-founded fear of persecution may be less credible.

Practice Areas: Immigration Law

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

Doe v. Ponce de Leon

A court can find that amending a complaint against a former president of a country would be futile, because the former president is entitled to immunity for action taken in an official capacity as head of state.

Practice Areas: International Law (Public) , Civil Rights , Election and Political Law

Board of Labor Relations

City of Bridgeport and Bridgeport Police Union, Local 1159, Council 15, AFSCME, AFL-CIO

It can violate the Municipal Employee Relations Act, if an employer conducts an investigatory interview of an employee and denies the employee union representation.

Practice Areas: Administrative Law , Labor and Employment , Labor Law , Union Representation , Working Conditions

Board of Labor Relations

City of Norwich and Local 2422, Council 4, AFSCME, AFL-CIO

Upon expiration of a collective bargaining contract, an employer has a duty to maintain the prevailing terms and conditions, until the employer and the union negotiate changes.

Practice Areas: Administrative Law , Labor and Employment , Labor Law , Collective Bargaining Agreements , Employee Benefits

Board of Labor Relations

Town of Enfield and CSEA, SEIU, Local 2001

An employer commits an unlawful refusal to bargain and a prohibited practice when it unilaterally subcontracts or transfers bargaining unit work to non-bargaining unit personnel.

Practice Areas: Administrative Law , Labor and Employment , Labor Law , Collective Bargaining Agreements , Unfair Practices

Board of Mediation and Arbitration

Town of Orange and UE Local 222

An officer who works an extra hour before his assigned work day may not be entitled to four hours of overtime pay pursuant to a provision that applies when officers are recalled to work after the end of their regular work day.

Practice Areas: Administrative Law , Labor and Employment , Labor Law , Collective Bargaining Agreements , Wages and Hours

Freedom of Information Commission

The Greenwich Time v. Board of Selectman, Town of Greenwich

With the exception of a few narrowly defined circumstances set forth in Connecticut General Statutes §1-200(6), the meetings of a public agency must be open to the public.

Practice Areas: Administrative Law

Connecticut Appellate Court

State v. Hector M.

For sexual intercourse, defined in Connecticut General Statutes §53a-65(2), our jurisprudence does not qualify the term "penetration, however slight," to require that the penetration occur without any intervening material.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Staton v. Commissioner of Correction

As explained by the 2013 Appellate Court in Maldonado v. Commissioner of Correction, "[t]he habeas judge, as the trier of facts, is the sole arbiter of the credibility of witnesses and the weight to be given their testimony."

Practice Areas: Criminal Law

Litchfield J.D., at Litchfield

Dairyland Insurance Co. v. Mitchell

Connecticut General Statutes §38a-335(d) did not prohibit a named insured, who allegedly was injured in a 2010 motor-vehicle accident, from excluding himself from coverage for bodily injury damages.

Practice Areas: Insurance Law , Policy Terms , Torts , Motor Vehicles , Personal Injury

Fairfield J.D., at Bridgeport

Santino v. Borg-Warner Corp.

If a product-liability defendant proves its power tools were multi-purpose tools, intended for uses other than uses solely associated with asbestos-containing products, it may not possess a duty to warn, and it may be entitled to summary judgment.

Practice Areas: Products Liability , Failure to Warn , Health Law , Consumer Protection

State Elections Enforcement Commission

Complaint by: Daniels

Allegations that a state representative informed registrars of voters that if they did not deliver an absentee ballot to a citizen, he would "see them in court" or, alternatively, pursue his remedies with the State Elections Enforcement Commission, may not be actionable as a "threat."

Practice Areas: Administrative Law , Election and Political Law

Connecticut Appellate Court

State v. Donald H.G.

Uncharged misconduct evidence may be introduced to show such things as motive, common scheme, pattern or design.

Practice Areas: Evidence , Prior Bad Acts , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Lewis

The Connecticut Supreme Court recently determined that when a defendant engages in conduct that would otherwise constitute the crime of kidnapping in the first degree while committing another substantive criminal offense, Connecticut General Statutes §53a-92(a) requires proof of an additional element, specifically, that the defendant intended, as stated in the Court's 2008 decision in State v. Salamon, "to prevent the victim's liberation for a longer period of time or to a greater degree than that which is necessary to commit the other crime."

Practice Areas: Criminal Law

Connecticut Appellate Court

Smith v. Commissioner of Correction

The 2011 U.S. Supreme Court explained in Harrington v. Richter, that "[c]ounsel was entitled to formulate a strategy that was reasonable at the time and to balance limited resources in accord with effective trial tactics and strategies."

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Gaffney

The 2013 Connecticut Supreme Court in State v. Adams held that felony murder is a class A felony, punishable, in accordance with Connecticut General Statutes §53a-35a(2), by a term of imprisonment of 25 years to life.

Practice Areas: Criminal Law

Connecticut Appellate Court

Rostad v. Hirsch

For an award of past due child support in a paternity action based on neglect or refusal to pay, a court must first consider the organization and requirements of Connecticut General Statues §46b-215(a)(7) and its subparagraphs, rather than the directives in C.G.S. §46b-215b(a) and the 2010 Supreme Court decision in Maturo v. Maturo, regarding the child support guidelines.

Practice Areas: Family Law

Connecticut Appellate Court

Customers Bank v. Boxer

A bona fide lease or tenancy for purposes of applying in Connecticut the PTFA, Title VII of the Helping Families Save Their Homes Act of 2009, known as the Protecting Tenants at Foreclosure Act of 2009, Pub. L. No. 111-22, §§701-704, 123 Stat.

Practice Areas: Landlord/Tenant Law

U.S. District Court

Addona v. Parker Hannifin Corp.

Absent sufficient evidence of prior wrongdoing, a court may quash a subpoena to obtain employment records.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Hiring/Firing

U.S. District Court

Henderson v. Lagoudis

An issue is fully and fairly litigated, if a party possessed a "full and fair" opportunity to litigate the issue in a prior court action, pursuant to Aetna Cas.

Practice Areas: Civil Procedure , Standing , Residential and Commercial Real Estate , Torts , Intentional Torts , Nuisance , Trespass

U.S. District Court

Rojas v. City of West Haven

A court can find that an amended complaint relates back to an original complaint, if both complaints arise out of the same conduct, defendants were omitted from the original complaint as a result of a mistake in identity and the additional defendants are not prejudiced by the delay.

Practice Areas: Civil Procedure , Parties , Statute of Limitations , Civil Rights

U.S. District Court

Donovan v. Yale University

Allegations that a university discharged a worker five months after a university official asked the worker about retirement rumors may be insufficient to prove that age discrimination constituted the "but-for" cause of discharge.

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

New Haven J.D., at New Haven

Red Law Firm LLC v. Webster Bank

Normal expectations of the participants and public policy can support the imposition of a common-law duty of care on a bank, to take reasonable steps to discover whether a negotiable instrument is endorsed and is presented by the named payee.

Practice Areas: Banking and Financial Institutions , Contracts , Breach , Torts

New Haven J.D., at New Haven

Gray v. Schwartz

A court may consider the complexity of the case, other Superior Court decisions on point and the workers' compensation guidelines when it rules on deposition fees.

Practice Areas: Civil Procedure , Discovery , Pre-trial Procedure , Health Law , Medical Malpractice

Litchfield J.D., at Litchfield

Commonwealth Land Title Insurance Co. v. Miller

Although a litigant may recover damages for the same loss only once, entry of judgment in a prior action may not prevent a plaintiff from commencing a separate action to obtain attorney fees.

Practice Areas: Creditors’ and Debtors’ Rights , Residential and Commercial Real Estate , Legal Profession , Attorney Fee Recovery

New Haven J.D., at New Haven

Provost-Daar v. Merz North America Inc.

The exclusivity provision in the Connecticut Product Liability Act does not permit a plaintiff to file a claim for unfair trade practices, if the plaintiff's claim falls within the scope of the CPLA. Allegedly, the plaintiff, Terasia Provost-Daar, permitted her doctor, Zachary Klett, to inject a cosmetic gel into her face, to fill in skin wrinkles, and her face became swollen.

Practice Areas: Products Liability , Failure to Warn , Consumer Protection , Medical Malpractice

Connecticut Appellate Court

Konover Residential Corporation, Agent for HFA-Small Properties, Inc. v. Elazazy; Konover Residential Corporation, Agent for HFA-Small Properties, Inc. v. Khan; Konover Residential Corporation, Agent for HFA-Small Properties, Inc. v. Torriero; Konover Residential Corporation, Agent for HFA-Small Properties, Inc. v. Stolarzyk; Konover Residential Corporation, Agent for HFA-Small Properties, Inc. v. Syed

The 90-day notice provision in the federal Protecting Tenants at Foreclosure Act, Public Law No. 111-22, §702, 123 State 1660 (2009), is designed to protect residential tenants from immediate eviction when, as a result of foreclosure proceedings, there has been a change in the identity of their landlords and the new landlord's plans for the property; and tenants of a municipally-funded low to moderate income housing project could not invoke the fact of a mortgage foreclosure to preclude the owner from bringing summary process actions against them for noncompliance with lease requirements.

Practice Areas: Landlord/Tenant Law

Freedom of Information Commission

Gross v. Director, Wallingford Planning Program and Development, Town of Wallingford

For the open meetings provision in the Freedom of Information Act, Connecticut General Statutes §1-200(2) provides in relevant part that " '[m]eeting' does not include: an administrative or staff meeting of a single-member public agency…." Robert Gross appealed to the Freedom of Information Commission alleging that Donald Roe, Director, Wallingford Planning Program and Development, violated the Freedom of Information act by denying him the right to attend a Jan. 2013 recycling committee meeting.

Practice Areas: Administrative Law

Freedom of Information Commission

Torlai v. Commissioner, State of Connecticut, Department of Emergency Serices and Public Protection, Division of State Police

Precedent establishes that officer background investigation reports must be disclosed, subject to any applicable exemptions for any portion of such reports, upon request by any person.

Practice Areas: Administrative Law

Freedom of Information Commission

Mercier v. Mayor, City of New Britain

The costs of providing computer-stored records may be recovered only as provided in Connecticut General Statutes §1-212(b).

Practice Areas: Administrative Law

Office of Attorney General

Letter to: Ambrose

The phrase "may not be suspended or reduced in any manner" in a criminal statute may indicate the legislature's intent that neither a court, nor the commissioner of the Department of Correction nor the Board of Pardons and Paroles may reduce a mandatory minimum sentence.

Practice Areas: Administrative Law , Election and Political Law , Criminal Law

Connecticut Appellate Court

O'Toole v. Eyelets For Industry, Inc.

38 U.S.C. §4323(b)(3) of the Uniformed Services Employment and Reemployment Rights Act of 1994 does not confer exclusive federal jurisdiction; Connecticut courts have concurrent jurisdiction over a claim of wrongful termination due to military status against a private entity.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Labor and Employment , Hiring/Firing

U.S. District Court

Briscoe v. City of New Haven

A District Court can deny a motion to remove a written promotion exam from the trial court record and seal the written exam, nunc pro tunc.

Practice Areas: Civil Procedure , Trial , Civil Rights , Labor and Employment , Discrimination , Race Discrimination

U.S. District Court

Lutes v. Kawasaki Motors Corp.

To protect the privacy of warranty claims customers, a court may order a manufacturer to forward a letter written by the plaintiffs that explains the nature of the plaintiffs' suit and requests that customers contact the plaintiffs' attorney.

Practice Areas: Civil Procedure , Discovery , Products Liability , Design Defect

Connecticut Appellate Court

Shevlin v. Civil Service Commission of the City of Bridgeport

Based on the rules of the Bridgeport Civil Service Commission and City Charter, a layoff occurs if a firefighter is separated from employment when a position is discontinued due to either a lack of work or lack of funds.

Practice Areas: Labor and Employment

Connecticut Appellate Court

Colon v. Autozone Northeast, Inc.

As explained in the 2010 Appellate Court case of Fiorelli v. Gorsky, while "questions of fact ordinarily are not decided on summary judgment, if the issue of control is expressed definitively in the lease, it becomes, in effect, a question of law."

Practice Areas: Torts , Premises Liability

U.S. District Court

Schwarzkopf v. Sikorsky Aircraft Corp.

A court can grant a request for production of information that is reasonably calculated to lead to the discovery of admissible evidence.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Discrimination , Disability Discrimination , Age Discrimination , Hiring/Firing

U.S. District Court

Turner v. EastConn Regional Education Service Center

Because the plaintiff's pregnancy with twins made it impossible for her to perform an essential job function, the involuntariness of her early leave under the Family Medical Leave Act, 42 U.S.C. §2611, was not actionable.

Practice Areas: Labor and Employment , Discrimination , Pregnancy Discrimination

U.S. District Court

Allstate Insurance Co. v. Suchecki

An insurance company may not be required to defend a state court action that alleges that a minor intentionally sexually assaulted another minor, and that the minor's parents negligently supervised their child, because the underlying suit alleges intentional conduct for which coverage is excluded by the insurance policy.

Practice Areas: Insurance Law , Policy Terms , Torts , Intentional Torts , Assault

U.S. District Court

Carton v. Colvin

For Social Security Act claims, the treating physician rule provides, as explained in the Second Circuit's 1999 opinion in Rosa v. Callahan, that "the opinion of a treating physician is given controlling weight if it is well supported by medical findings and not inconsistent with other substantial evidence."

Practice Areas: Social Services Law , Social Security Compensation

New London J.D., at New London

Stimac v. Maletz

A court may decide the amount that an expert witness should receive for testimony at a deposition to be held at the expert witness' office.

Practice Areas: Civil Procedure , Discovery , Health Law , Medical Malpractice

Hartford J.D., at Hartford

Deutsch v. Backus Corp.

A jury can award damages to a plaintiff who proves that a company breached its bylaws and the covenant of good faith and fair dealing.

Practice Areas: Contracts , Breach , Health Law

Waterbury J.D., at Waterbury

Heyward v. State

Connecticut General Statutes §4-165 provides immunity to state employees for conduct within the scope of employment, provided that the conduct is not wanton, reckless or malicious.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Torts , Emotional Distress , Intentional Torts , Defamation , Liability , Immunity

Tolland J.D., at Rockville

James v. Warden

Evidence that an alleged victim was biased or possessed a motive to fabricate evidence is admissible.

Practice Areas: Evidence , Admissibility , Relevance , Impeachment , Criminal Law

New Haven J.D., at New Haven

Benitez v. Benitez-Ortega

A court can find that neither party is at greater fault for the breakdown of a marital relationship.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Isabella v. Department of Children and Families

A minor child, as the alleged victim of possible sexual abuse, lacks standing to appeal, via the child's representative, the decision of a hearing officer of the Department of Children and Families to remove a name from the child abuse and neglect registry.

Practice Areas: Family Law

Hartford J.D., at Hartford

Sawka v. Sawka

A court can find that an expert appraiser's valuation of the fair market value of a business pursuant to the "goodwill registry" approach is not dependable, if the appraiser does not differentiate between "practice goodwill" and "personal goodwill."

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at Meriden

Sharp v. Sharp

When distributing marital property, a court may consider the parties' earning capabilities, the wife's health and the husband's allegedly egregious misconduct.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at Meriden

Demayo v. Quinn

The prevailing party in a quo warranto action may be entitled to costs but not to attorney fees or the disgorgement of the former official's salary.

Practice Areas: Election and Political Law

New Haven J.D., at New Haven

Pyshnyi v. The Connecticut Hospice Inc.

A healthcare provider may not owe a duty of care to a patient's child, who serves as the health care representative or de facto proxy of a patient.

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

Hartford J.D., at Hartford

Canino v. Peerless Insurance Co.

Allegations that an insurance company did not effectuate a fair, prompt and equitable settlement of the plaintiff's claims, or provide a reasonable explanation of the basis in the insurance policy for the denial of the plaintiff's claims, can be sufficient to allege a violation of CUIPA, the Connecticut Unfair Insurance Practices Act. On Nov. 21, 2010, an unidentified motorist allegedly caused a motor-vehicle accident that injured the plaintiff, Armando Canino, who underwent arthroscopic surgery.

Practice Areas: Insurance Law , Automotive , Bad Faith , Consumer Protection

New London J.D., at New London

Ornberg v. Butler

A dog walker who possesses only temporary control over a dog may not qualify as the dog's "keeper" under the "dog bite" statute, Connecticut General Statutes §22-357.

Practice Areas: Torts , Personal Injury

New Haven J.D., at New Haven

Pellici v. Plunske

Absent allegations that municipal defendants created or failed to remedy a highway defect, a complaint that alleges that a municipal worker negligently operated a motor vehicle may not necessarily invoke Connecticut General Statutes §13a-149, the highway-defect statute.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Danbury J.D., at Danbury

Reyes v. Western Connecticut Health Network Inc.

Emergency medical technicians who provide emergency first aid and who allegedly injure an individual while transporting the individual to the ambulance may be entitled to immunity under the Good Samaritan Statute, Connecticut General Statutes §52-557b.

Practice Areas: Torts , Liability , Immunity , Personal Injury , Health Law

Hartford J.D., at Hartford

Lefevre v. Manzo; Nugent v. Manzo; DePaolo v. Manzo

A temporary estate administrator can file a complaint on behalf of the decedent's estate, without naming a co-administrator as a party, pursuant to Connecticut General Statutes §45a-317.

Practice Areas: Trusts and Estates

Mashantucket Pequot Tribal Court

White Mountain Apache Tribe v. Pequot Health Care

Parties must disclose "a computation of any category of damages claimed" and make "available for inspection and copying . . . the documents or other evidentiary material . . . on which each computation is based," pursuant to Federal Rule of Civil Procedure 26(a).

Practice Areas: Native American Law , Civil Procedure , Discovery , Motion Practice , Contracts , Breach

State Elections Enforcement Commission

Complaint by: Baer

Municipal appointments can be used to fill vacancies in municipal offices that take place after the deadline for inclusion in a municipal election.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Erlanger

If a citizen possesses two residences to which the citizen possesses legitimate, significant and continuing attachments, the citizen can choose either to be his bona fide residence.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Finn

Political committees that pay for campaign materials to promote political candidates may be required to include "approved by" and "paid for by" information in the campaign materials.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Golnik

Connecticut General Statutes §9-621(a) requires that certain political candidates provide "paid for by" and "approved by" information on campaign materials.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Grimes

A municipality that allegedly contributes $1,250 to send a postcard that urges citizens to support a referendum can violate Connecticut General Statutes §9-369b(a), even if a third party reimburses the money.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Jubrey

A nursing facility may be required to use "best efforts" to inform conservators of patients about voting, pursuant to Connecticut General Statutes §9-159s.

Practice Areas: Administrative Law , Health Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Sherwood

An entity that allegedly spends less than $1,000 on advertisements and a Web site that are critical of an incumbent may not be required to disclose "paid for by" information.

Practice Areas: Administrative Law , Election and Political Law , Communications and Media Law

Connecticut Appellate Court

State v. LeBlanc

Any error by the trial court in admitting evidence of the defendant's refusal to take a sobriety test was harmless beyond a reasonable doubt when it incriminated him only as to his intoxication and his intoxication was not contested at trial.

Practice Areas: Evidence , Criminal Law

Connecticut Appellate Court

In Re: Kasmaesha C.

The Supreme Court in its 1992 decision in In Re: Alexander V., explained that "[t]he plain language of [Connecticut General Statutes] §45a-708(a) does not provide for an evidentiary hearing, nor does it require any particular measures beyond the appointment of a guardian to protect the rights of an incompetent person facing the termination of parental rights."

Practice Areas: Family Law , Constitutional Law

New Haven J.D., at New Haven

Rivera v. Meyer

Connecticut regulations only permit insurers to exclude coverage, if the underinsured motor vehicle is owned by or regularly used by the insured.

Practice Areas: Insurance Law , Policy Terms , Automotive , Torts , Motor Vehicles , Personal Injury

Norwalk J.D., at Stamford (Juvenile Matters)

State v. John K.

A victim's representative who requests the disclosure of juvenile court records, pursuant to Connecticut General Statutes §46b-124(f), is required to establish a compelling need or a legitimate interest.

Practice Areas: Evidence , Documentary Evidence , Civil Procedure , Discovery , Criminal Law

Connecticut Supreme Court

State v. Mangual

As the 1966 U.S. Supreme Court's decision in Miranda v. Arizona establishes, custodial interrogation includes questioning by police after a suspect is arrested or "otherwise deprived of his freedom of action in any significant way;" and, here, the totality of the circumstances surrounding the execution of a search warrant at a suspect's home rendered the atmosphere police dominated for Miranda purposes.

Practice Areas: Constitutional Law , Evidence

Connecticut Appellate Court

Camacho v. Commissioner of Correction

The determination of which issues to raise on appeal is a matter of tactics and strategy best left to the discretion of appellate counsel, and such determinations will not be overturned on review unless a reviewing court is convinced that there was not a reasonable basis for them.

Practice Areas: Constitutional Law

Connecticut Appellate Court

In Re: Paul M., Jr

Connecticut General Statutes §17a-111b (b) does not contain a minimum time frame pursuant to which parental abandonment occurs as a matter of law.

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

Chen v. Hopkins School, Inc.

To make out a prima facie case of negligence, the plaintiffs were required to establish the essential elements of duty, breach of that duty, causation, and actual injury.

Practice Areas: Torts , Premises Liability , Evidence , Expert Witnesses

U.S. District Court

Wasilewski v. Abel Womack Inc.

An expert with an extensive background in mechanical engineering, accidents and safety may be qualified to testify about causation of a forklift accident.

Practice Areas: Evidence , Expert Witnesses , Products Liability , Design Defect , Malfunction

Hartford J.D., at Hartford

Samuels v. Russell

A court may not consider an affidavit that alleges that a plaintiff obtained a survey of his property, if the plaintiff fails to attach a copy of the property survey to the plaintiff's affidavit.

Practice Areas: Civil Procedure , Pre-trial Procedure , Statute of Limitations , Residential and Commercial Real Estate , Torts , Intentional Torts , Trespass

New Haven J.D., at New Haven

Falcigno v. Falcigno

A written contract that does not include a merger clause may not represent the parties' whole agreement.

Practice Areas: Contracts , Breach , Business Entities , Closely Held Corporations

Middlesex J.D., at Middletown

Lehn v. Marconi Builders LLC

In the absence of written contracts and promissory notes, a past practice of payment of interest, or evidence that the decedent expected payment by a certain date, a court may deny the estate administrator's request for prejudgment interest on a loan to a relative.

Practice Areas: Creditors’ and Debtors’ Rights , Contracts , Breach , Civil Procedure

Hartford J.D., at Hartford

State v. Pagan

An individual who allegedly sexually assaults a minor child, possesses child porn and employs the minor in an obscene performance can be sentenced to 20 years in prison.

Practice Areas: Criminal Law

New London J.D., at New London

Bargnesi v. Rocktenn CP LLC

Allegations that an employer, in an attempt to protect the employer's safety record, discharged a worker who was injured, may be sufficient to allege common-law wrongful discharge, in violation of public policy.

Practice Areas: Labor and Employment , Hiring/Firing , Contracts , Breach , Social Services Law , Workers’ Compensation

New London J.D., at Norwich

Crabbe v. Crabbe

A separation contract that provides that alimony can be modified "in accordance with the cohabitation statute" is not considered to be self-executing and it may require that the payor spouse prove that the financial needs of the payee spouse have been altered as a result of cohabitation.

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Malpeso v. Malpeso

A court can find that a substantial change in circumstances took place, because the parties' children reached the age of majority and attend college.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Rivera v. Rivera

A court can find one party at greater fault for the breakdown of the marital relationship.

Practice Areas: Family Law

Hartford J.D., at Hartford

Sampson v. Wesoloski

A party who requests an annulment may be required to prove, by clear and convincing evidence, that fraud nullified the marriage contract.

Practice Areas: Family Law

New Britain J.D., at New Britain

D&M Screw Machine Products LLC v. Tabellione

A "claims made" insurance policy may require that the insured report a claim that is made during the policy period within 60 days of when the policy period ends.

Practice Areas: Insurance Law , Policy Terms , Legal Profession , Attorney Malpractice

Freedom of Information Commission

Osmond v. Commissioner, State of Connecticut, Department of Social Services

Connecticut General Statutes §1-211(a) only provides that a records requester has the option to request a specific method of delivery of nonexempt computer stored data and that the public agency is required to use the method of delivery requested if it reasonably can do so.

Practice Areas: Administrative Law

Connecticut Supreme Court

Citizens Against Overhead Power Line Construction v. Connecticut Siting Council

Where a party files a motion for reconsideration of an administrative agency's decision and the agency grants that motion and issues a timely second decision in response, the sole final decision for purposes of an appeal under the Uniform Administrative Procedure Act, Connecticut General Statutes §4-166, is that second decision.

Practice Areas: Administrative Law , Appellate Law - Civil , Finality

Connecticut Appellate Court

State v. Edwards

A finding of homelessness does not always constitute a change of address for purposes of the sex offender registration statutes.

Practice Areas: Criminal Law

U.S. District Court

J.O. v. Astrue

A court that awards attorney fees under the Equal Access to Justice Act may exclude time spent on clerical tasks, talking with the clerk's office about filing instructions, and on correspondence with the Social Security administration.

Practice Areas: Legal Profession , Attorney Fee Recovery , Social Services Law , Social Security Compensation

U.S. District Court

Jenkins v. Arnone

Allegations that prison officials were negligent may be insufficient to allege a valid claim under 42 United States Code §1983.

Practice Areas: Criminal Law , Health Law , Civil Rights

U.S. District Court

Carlus v. Department of Public Health

Allegations that an intern allegedly was not invited to a job training session that Caucasian interns attended and did not receive an offer to become a permanent employee may be insufficient to prove discrimination on the basis of race, in violation of Title VII.

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

U.S. District Court

Gwozdz v. Genesis Physician Services

Speech of an employee who makes complaints that owe their existence to the employee's job duties and that are made in furtherance of those duties may not be protected pursuant to Connecticut General Statutes §31-51q.

Practice Areas: Labor and Employment , Whistle-blower Law

Ansonia/Milford J.D., at Milford

Milford Hospital v. Warren

Allegations that a defendant routinely inflated out-of-pocket expenses, added a mark-up of his profit, failed to account for expenses and did not reimburse the plaintiff for over-estimates of advance billing, may be sufficient to allege unfair, deceptive and unscrupulous conduct, in violation of the Connecticut Unfair Trade Practices Act, Connecticut General Statutes §42-110a.

Practice Areas: Consumer Protection , Contracts , Breach

Windham J.D.

Perry v. Town of Putnam

A municipality may be legally responsible for a nuisance only if the municipality creates or participates in the creation of the nuisance, and that includes nuisances that result from the unauthorized conduct of third parties.

Practice Areas: Torts , Intentional Torts , Nuisance

Compensation Review Board

Ferree v. Town of West Hartford

For the strictly administrative transfer of files, the 1995 Supreme Court's decision in Dixon v. United Illuminating Company unequivocally found that there was no due process right to have a case heard in a specific district.

Practice Areas: Social Services Law , Workers’ Compensation

Freedom of Information Commission

Jascha v. First Selectman, Town of Monroe

The meaning of the word "promptly," as used in Connecticut General Statutes §1-210(a), is a particularly fact-based question, and the Freedom of Information Commission previously advised that "promptly," means quickly and without undue delay, taking into consideration all of the factors presented by a particular request.

Practice Areas: Administrative Law

Freedom of Information Commission

Litrico v. President, Eighth Utilities District, Town of Manchester

Timely access to public records by persons seeking them is a fundamental right conferred by the Freedom of Information Act.

Practice Areas: Administrative Law

Connecticut Appellate Court

State v. Montanez

A claim under the rule of Santobello v. New York, a 1971 U.S. Supreme Court decision, provides a remedy when the terms of a valid and enforceable plea agreement have not been upheld and Santobello's principles are inapplicable to a case where the defendant did not enter into a plea agreement but went to trial and the prosecution promised nothing to the defendant on which it failed to deliver.

Practice Areas: Criminal Law

Connecticut Appellate Court

Rousseau v. Perricone

In its 1998 decision in Lopiano v. Lopiano, the Connecticut Supreme Court held that a personal injury award is a property interest encompassed within the meaning of property under Connecticut General Statutes §46b-81 and, therefore, available for distribution in a marital dissolution action.

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Fraser v. Fraser

Absent proof of a significant change in circumstances, a court may deny a motion to modify alimony.

Practice Areas: Family Law , Custody and Child Support

at Waterford (Juvenile Matters)

In Re: Shya

A court may find that a parent who allegedly fails to maintain a reasonable degree of interest, concern or responsibility for a child's welfare has abandoned the child.

Practice Areas: Family Law , Custody and Child Support