Most Viewed Decisions

United States District Court

Marini v. Costco Wholesale Corp.

Genuine Issue Whether Costco Violated Anti-Harassment Provision

A court can enforce anti-harassment provisions in an employment contract that are broader than the protections provided in the Americans With Disabilities Act. In 2001, defendant Costco hired Peter Marini, who suffered from tics, pain and stiffness from Tourette's syndrome, to work as a baker's assistant.

3:11cv331
Meyer, J.

Practice Areas: Labor and Employment , Hiring/Firing , Employment Contracts , Discrimination , Disability Discrimination , Contracts , Breach

New Haven J.D., at New Haven

Brown v. Weiner

Former Board Of Ed Worker Alleges Service Was Insufficient

A court may not possess jurisdiction over an individual defendant, if the marshal serves the writ, summons and complaint on the city clerk and the clerk for the board of education, and the individual defendant no longer works for the board of education or the city.

CV14-6047985S
Wilson, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Emotional Distress , Intentional Torts , Assault

Hartford J.D., at Hartford

Lewis v. Burke

Genuine Issue On Parents' Responsibility For Son's Party

Parent who retain possession and control of property, and who are aware that their child previously sponsored parties that might be considered unsafe, could be legally responsible for injuries from their child's party.

CV10-6011976
Elgo, J.

Practice Areas: Torts , Personal Injury , Causation

Compensation Review Board

Barbee v. Sysco Food Services

Surveillance Video Was Properly Relied Upon In Rejecting Claim

Lengthy precedent establishes that when surveillance video displays a claimant performing tasks in a manner inconsistent with their asserted medical condition, the trial commissioner may find the claimant's testimony unpersuasive.

5892CRB8-13-11
Mastropietro, with Truglia and Morelli

Practice Areas: Social Services Law , Workers’ Compensation

Office of the Attorney General

Letter to: DeFronzo

Chapter 58 Provides Authorization For Administrative Services Agency

The Department of Administrative Services possesses the power to enter into contracts to obtain the equipment, materials and services that state agencies require.

2014-8
Jepsen, A.G.

Practice Areas: Administrative Law , Election and Political Law

Office of the Attorney General

Letter to: Perkins

Property Exemption For Veterans Does Not Require War Time Service

Absent explicit statutory language that expressly indicates that a property exemption for veterans applies only to those veterans who served in "time of war," C.G.S. §12-81(20) does not require war time service.

2014-7
Jepsen, A.G.

Practice Areas: Residential and Commercial Real Estate , Taxation , Election and Political Law

Connecticut Appellate Court

Noroton Properties, LLC v. Lawendy

Mutual Assent To Extension Was Improperly Found From Conduct

It is well settled that the conduct of the parties may establish a modification of the contract under certain circumstances, but the fact that an installment payment, tendered in error, was never returned or deposited into an account, alone, did not act to automatically extend the maturity date of a note.

AC 35827
Alvord, J.

Practice Areas: Creditors’ and Debtors’ Rights , Contracts

Connecticut Appellate Court

Town of Granby v. Feins

Use Of Right-Of-Way Dedicated To Access Cemetery Was Sufficient

Acceptance of property dedicated for public use may be established either by the public's actual use of the property or by the actions of the municipality, and while the public's use of a 50 foot right-of-way to an ancient cemetery was not constant or by large numbers of people, its use evidenced acceptance for the purpose for which the right-of-way was dedicated.

AC 35746
Alvord, J.

Practice Areas: Residential and Commercial Real Estate

United States District Court

Doe v. New Fairfield Bd. of Educ.

Board Of Ed Seeks To Depose Alleged Victim Of Sexual Assault

A court can permit parents and a counselor to accompany a minor to a deposition.

3:13cv1025
Fitzsimmons, J.

Practice Areas: Civil Procedure , Discovery , Education Law , Torts , Emotional Distress

Danbury J.D., at Danbury

Gagliano v. Advanced Specialty Care

Plaintiffs Won $1.3 Million In Offer-Of-Compromise Interest

A plaintiff who prevails at trial can be entitled to offer-of-compromise interest, if the defendant did not accept the plaintiff's pretrial offer to settle.

CV10-6003939S
Ozalis, J.

Practice Areas: Civil Procedure , Health Law , Medical Malpractice

Ansonia/Milford J.D., at Milford

State v. Guzman

25 Years For Assault And Rape Of Ex-Wife Affirmed

The Sentence Review Division possesses the power to reduce a sentence that is inappropriate or disproportionate, considering the nature of the offense, the character of the offender, the protection of the public interest and the deterrent, rehabilitative, isolative and denunciatory purposes of sentencing.

CR13-148572
Fischer, J., Hadden, J., and Ginocchio, J.

Practice Areas: Criminal Law

Waterbury J.D., at Waterbury

Vines v. Singh

Opinion Letter Omitted Author's Expert Qualifications

A plaintiff can file a supplemental memorandum and an affidavit, to discuss the qualifications of the author of a written medical opinion.

CV14-6023368S
Zemetis, J.

Practice Areas: Health Law , Medical Malpractice

Hartford J.D., at Hartford

Jones v. Dep't of Children and Families

Social Worker Failed To Prove He Was Fired Because He Was Gay

An employer can possess a legitimate reason to discharge, as a result of evidence that an employee allegedly experienced difficulty following directions, left children alone during a supervised visit, and allowed the minor children's father to discover the location of the minor children's home.

CV10-6016879
Scholl, J.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Sexual Orientation Discrimination

Hartford J.D., at Hartford

Rider v. Tennis Enter. Ltd.

Minor Lacrosse Player Allegedly Was Injured On Tennis Club's Net Post

Defendants may not be entitled to summary judgment, if a reasonable jury could find that they should have discovered and remedied a defect before the plaintiffs was injured.

CV12-6030039
Huddleston, J.

Practice Areas: Torts , Personal Injury , Premises Liability

United States Court of Appeals for the 2nd Circuit

United States v. Cossette

Cop Alleged He Lacked Fair Notice That Excessive Force Violated Law

Due process provides a criminal defendant with the right to a fair warning of the legal consequences, pursuant to United States v. Desposito, a decision of the 2nd Circuit.

13-3691-cr

Practice Areas: Constitutional Law , Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Braddock

Finance Director Allegedly Tried To Hide Tobacco Company Donations

A sentencing enhancement for abuse of a position of trust can be appropriate, if a defendant abuses a position of trust "in a manner that significantly facilitate[s] the commission or concealment of the offense," pursuant to United States Sentencing Guideline §3B1.3.

13-3470

Practice Areas: Criminal Law , Election and Political Law

Board of Mediation and Arbitration

City of Danbury and IAFF, Local 801

Firefighter Who Sought Dispatcher Work Did Not Prove Past Practice

A past practice may exist, if the union clearly and unequivocally proves that a past practice existed of appointing firefighters to work as dispatchers, whenever the firefighters expressed an interest in dispatcher work.

2013-A-0512
Diaz and Lipton – Shea dissented

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

Board of Mediation and Arbitration

Town of Hamden and UPSEU, Local 424, Unit I

Allegedly Plow Driver Would Not Commit To Operating Spare Truck

Supervisors are entitled to order an employee to return home, if the worker will not commit to performing a work assignment.

2014-A-0409
Cho, Baldyga and Shea

Practice Areas: Administrative Law , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Labor Law , Collective Bargaining Agreements

Board of Mediation and Arbitration

Town of Wethersfield and AFSCME, Council 4, Local 1303-40

Maintenance Worker Was Required To Help With Snow, Even If On Vacation

A municipality can suspend a worker whose work requires that he be available to help remove snow, even if he has scheduled vacation time on a snow day.

2013-A-0484
Weiner, Esq., Toomey and Boldry

Practice Areas: Administrative Law , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Labor Law , Collective Bargaining Agreements

Freedom of Information Commission

Dickman v. Chief Information Officer, Information Technology, State of Connecticut, University of Connecticut Health Center

Given Large Scope Of Requests No Promptness Violation Was Found

Although the respondents had not yet begun to review records responsive to the complainant's request, given their relatively limited resources to comply with all Freedom of Information Act requests and the large scope of the complainant's several recent requests, the promptness provisions of the Freedom of Information At were not violated.

FIC 2014-031
Freedom of Information Commission

Practice Areas: Administrative Law

Freedom of Information Commission

Ostasiewski v. Commissioner, State of Connecticut, Department of Revenue Services

200-Day Delay In Providing Requested Emails Was Not Prompt

Compliance more than six months after a relatively simple request for recent emails was not prompt and violated the promptness provisions of Connecticut General Statutes §§1-210 and 1-212(a).

FIC 2014-018
Freedom of Information Commission

Practice Areas: Administrative Law

Connecticut Supreme Court

State v. Terwilliger

Prior General Verdict Did Not Support Double Jeopardy Claim

A general jury verdict that convicted the defendant of a single offense but was ambiguous as to the specific theory on which the jury relied in rendering its verdict was not preclusive where the court would have to speculate on the jury's intention in its double jeopardy analysis.

SC 19013
Eveleigh, J.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Johnson v. Commissioner of Correction

Use Of Wrong Docket On Some Records Was Circumstantial Error

The inadvertent use on some documents of an incorrect docket number from a file that was no longer active because the charges were nolled was nonprejudicial and constituted a circumstantial defect under Connecticut General Statutes §52-123.

AC 35368
Prescott, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

Scandariato v. Borelli

Neurologist's Testimony Was Admitted Properly Under Porter

In the 1997 Supreme Court case of State v. Porter and its progeny, Connecticut's appellate courts emphasized the need for flexibility in determining the reliability of scientific evidence, urging trial courts to make assessments on a case-by-case basis.

AC 35918
Gruendel, J.

Practice Areas: Evidence , Torts

United States District Court

Thomas v. Butkiewicus

Inmate Alleged Failure To Protect After He Changed Gang Affiliation

A prisoner who concedes that he has not been assaulted since 2012 may not be able to prove irreparable harm, as required to obtain injunctive relief and protection from alleged assaults.

3:13cv747
Hall, J.

Practice Areas: Civil Rights , Criminal Law

Connecticut Appellate Court

In Re: Mindy F.

Fair Termination Trial Despite Error In Permanency Plan Approval

Once termination proceedings and review of a permanency plan have been consolidated, the court should refrain from making any dispositional findings until the close of evidence.

AC 36720
DiPentima, C.J.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Mindy F.

Parental Rights Ended Despite Efforts To Turn Life Around

As explained in the 2008 Appellate Court case of In Re: Emerald C., in determining whether to grant a petition to terminate parental rights pursuant to Connecticut General Statutes §17a-112(j)(3)(B)(i) and assessing a parent's rehabilitation, the critical issue is not whether the parent has improved [his] ability to manage [his] own life, but rather whether [he] has gained the ability to care for the particular needs of the child at issue."

AC 36696
DiPentima, C.J.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Navaeh W.

Best Interest Decision Lacking Statutory Findings Was Reversed

Although neither Connecticut General Statutes §17a-121(k), nor case law interpreting it, expressly requires the trial court to rely upon its mandatory findings as to any particular factor as the explicit basis for its ultimate decision whether to terminate parental rights, both the statute and controlling case law make clear that the trial court has a mandatory obligation to consider and make written findings as to all such factors in making that ultimate decision.

AC 36596
Sheldon, J.

Practice Areas: Family Law

United States District Court

Bakhit v. Safety Marking Inc.

Plaintiff Requested Lawyer's Presence During Psych Exam

A court can restrict a psych exam to three hours and deny a request to permit a lawyer or legal assistant to accompany the plaintiff.

3:13cv1049
FitzSimmons, J.

Practice Areas: Civil Procedure , Discovery

United States District Court

Hamer v. Darien Planning & Zoning Commission

Affordable Housing Developer Claims P&Z Chair Sought To Exclude Blacks

Evidence that the chair of a planning and zoning commission publicly referred to affordable housing as a "virus" can be sufficient to defeat a municipal motion for summary judgment in a civil-rights suit that alleges that the municipality attempted to exclude African Americans.

3:11cv1845
Eginton, J.

Practice Areas: Civil Rights , Land Use and Planning

United States District Court

Doe v. Madison Board of Education

Alleged Victim Of Assault Claimed Student-On-Student Harassment

A school board can be legally responsible under Title IX for student-on-student harassment that: (1) is so severe, pervasive and objectively offensive it effectively bars the victim's access to an educational opportunity or benefit; (2) if the board possesses actual knowledge of the harassment; and (3) if the board's response to the harassment indicates deliberate indifference.

3:11cv1418
Chatigny, J.

Practice Areas: Education Law

United States Court of Appeals for the 2nd Circuit

DeLollis v. Friedberg, Smith & Co.

Auditor Was Not Required To Audit Bernard Maddoff Investment Company

An auditor is not required to audit every company in which its audit client has invested.

13-1628-cv

Practice Areas: Torts , Business Torts

Office of the Attorney General

Letter to: Curry

'Economic Development Purposes' Met By Selling Land To Developer

A municipality that was given property from the state to use for "economic development purposes" can sell the property to a private developer.

2015-1
Jepsen, A.G.

Practice Areas: Administrative Law , Election and Political Law , Residential and Commercial Real Estate

Connecticut Appellate Court

Housing Dev. Fund, Inc. v. Burke Real Estate Management, LLC

To Approve Foreclosure Sale Unit Inspection Was Not Required

The foreclosure committee lacked the authority to force tenants to permit an inspection of the apartment units, and the trial court did not abuse its discretion in granting the committee's motion to approve the foreclosure sale despite the lack of such an inspection.

AC 36198
DiPentima, C.J.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

State v. Fairchild

Motion To Correct Illegal Sentence Properly Was Reviewed And Denied

Even if the sentence imposed has begun, it may still be modified under the common law if it is invalid and its invalidity stems from its illegality or the fact that it was imposed in an illegal manner.

AC 35426
Keller, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

Wilson v. Maefair Health Care Ctrs.

Apportionment Was Inappropriate As 2nd Injury Worsened Condition

In the 2003 decision of Hatt v. Burlington Coat Factory, the Supreme Court construed Connecticut General Statutes §31-349 and held that apportionment is inappropriate in cases involving a separate and distinct second injury, and the insurer at the time of the second injury retains sole liability for the second injury, and nothing in §31-349 nor Hatt makes an exception for cases in which the first injury is much more serious than the second injury.

AC 35976
Alvord, J.

Practice Areas: Social Services Law , Workers’ Compensation

New Britain J.D., at New Britain

Axela New Britain Group LLC v. LHPB Realty LLC

Restrictive Covenant Expired After Caldors/WalMart Vacated Premises

A court can find that a restrictive covenant that applied to a discount department store for a minimum of 20 years expired, after the discount department store vacated the premises.

CV14-6023350S
Young, J.

Practice Areas: Residential and Commercial Real Estate

New Britain J.D., at New Britain

Dix v. Dix

Wife Alleged Application Of 150-Day Rule Was Unconstitutional

The spousal election law, which requires that a spouse request a share of the estate within 150 days of the date that the court appoints the first fiduciary, is constitutional.

CV13-6019033
Shortall, J.T.R.

Practice Areas: Trusts and Estates , Constitutional Law

United States District Court

Great Lakes International Trading Inc. v. Travelers Property Casualty Co. of America

Policy's Flood Exclusion Barred Some Damages From Hurricane Sandy

A flood exclusion in an insurance policy can be enforceable, even if the flood exclusion appears toward the end of the policy, under the subhead "Earth Movement Sublimit & Deductible."

3:13cv1522
Meyer, J.

Practice Areas: Insurance Law , Policy Terms

Hartford J.D., at Hartford

State v. Stanley

18 Years For Stalking, Threatening, Violating Protective Order Affirmed

An individual who allegedly violates a protective order can be sentenced to one to five years in prison.

CR12-239071
Ginocchio, J., Hadden, J., and Alexander, J.

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Janssen v. Janssen

Husband Who Lost Job To Pay Wife Of 35 Years $1 Per Year

A court can find that a spouse who lost his job is not required to pay more than minimal alimony.

FA07-4034035
Bozzuto, J.

Practice Areas: Family Law

Middlesex J.D., at Middletown

Meraay v. Meraay

Wife Won Restraining Order And Sole Custody Of Youngest Child

A court can find it is in the best interests of the children to award one party sole custody, based on which party is the best custodian.

FA14-4017203
Pinkus, J.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Mirjavadi v. Allstate Insurance Co.

Homeowner Sought Additional Payment For Hurricane Irene Damage

A clause in an insurance contract that requires that a policyholder file suit within 18 months of an event that leads to an insurance claim is enforceable.

CV13-6019938
Adams, J.T.R.

Practice Areas: Insurance Law , Policy Terms , Contracts , Breach , Civil Procedure , Statute of Limitations

Stamford/Norwalk J.D., at Stamford

Irizarry v. Administrator, Unemployment Compensation Act

Worker Who Allegedly Lied To Employer Not Entitled To Benefits

An employee who allegedly lies to his employer may not be entitled to collect unemployment benefits.

CV14-5014199S
Karazin, J.T.R.

Practice Areas: Social Services Law , Unemployment Compensation , Labor and Employment , Hiring/Firing

Waterbury J.D., at Waterbury

Malcolm v. Toucet

Plaintiff Who Was Rear-Ended By DOT Transit Bus Awarded $17,121

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to a plaintiff who allegedly was rear-ended.

CV12-6017143S
Roraback, J.

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

Stamford/Norwalk J.D., at Stamford

Meleney-Distassio v. Weinstein

Father Alleged Emotional Distress From Wrongful Abortion

Connecticut recognizes a derivative claim for a father's emotional distress from a wrongful abortion.

CV13-6018746S
Povodator, J.

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

Waterbury J.D., at Waterbury

Sowell v. DiCara

Employee Protests Tinley Firm's Representation Of Boss And Employer

A defense law firm may be able to represent both an individual defendant and the plaintiff's former employer, without violating the Rules of Professional Conduct.

CV12-6016087
Brazzel-Massaro, J.

Practice Areas: Legal Profession , Labor and Employment , Hiring/Firing , Discrimination , Disability Discrimination

Connecticut Supreme Court

E and M Custom Homes LLC v. Negron

Homeowners Won Damages For Contractor's Breach Of Contract

If certification was granted improvidently, the Supreme Court can dismiss the appeal of a trial court decision that found that a general contractor breached the homeowner's contract.

SC 19118
Per Curiam

Practice Areas: Contracts , Breach , Consumer Protection , Appellate Law - Civil

Waterbury J.D., at Waterbury

Carlin v. City of Waterbury

79-Year-Old Who Tripped On Raised Carpet Awarded $22,739

When carpets are raised and wet, a court can find that the property owner is responsible when a visitor trips and falls, even if the visitor previously has fallen six times.

CV13-6018247S
Sheedy, J.T.R.

Practice Areas: Torts , Damages , Personal Injury

Connecticut Supreme Court

State v. Kalil; State v. Cote

Trial Court Properly Admitted Evidence Of Uncharged Conduct

Evidence of uncharged misconduct can be admitted to prove intent, identity, malice, motive, a system of criminal activity or the elements of a crime.

SC 19016, SC 19053
Zarella, J.

Practice Areas: Evidence , Criminal Law

Connecticut Supreme Court

Robinson v. Cianfarani

Abutting Owners Lacked Duty To Pedestrian To Keep Sidewalk Safe

The common-law rule is that an abutting landowner ordinarily is under no duty to keep the public sidewalk in front of his property in a reasonably safe condition.

SC 19220
Rogers, C.J.

Practice Areas: Torts , Personal Injury

Connecticut Appellate Court

Harger v. Odlum

Trial Court's Decision On Written Opinion Was Not A Final Judgment

The denial of a motion to dismiss based on lack of personal jurisdiction over the defendant does not result in an appealable final judgment.

AC 37046
Mullins, J.

Practice Areas: Appellate Law - Civil , Interlocutory Appeal , Health Law , Medical Malpractice

Connecticut Appellate Court

State v. Benefield

Buccal Swab Consent Was Unlimited To Time Or DNA Tests In Existence

An unqualified consent to a "complete search" of a saliva sample taken in 1986 permitted newer DNA testing to be performed in 2009, as the defendant surrendered any expectation of privacy in the sample in 1986, regardless of how or when the sample was to be tested.

AC 36438
Lavine, J.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Vitali v. Southern New England Ear, Nose, Throat and Facial Plastic Surgery Group LLP

Plaintiff Alleged Unfair Surprise From Defense Expert's Testimony

Connecticut Practice Book §13-4 requires the disclosure of: (1) the name of the expert witness; (2) the subject matter about which the expert is expected to testify; (3) the substance of the facts and opinions to which the expert is expected to testify; and (4) a summary of the grounds for each opinion.

AC 35435
Gruendel, J.

Practice Areas: Evidence , Expert Witnesses , Health Law , Medical Malpractice

United States District Court

United States v. Mack

Search Under Section 2703(d) Was Objectively Reasonable At Time

The good-faith exception to the exclusionary rule provides that evidence will only be suppressed if a reasonably well-trained officer would have known that a search conducted pursuant to 18 United States Code §2703(d) was illegal, in light of the circumstances.

3:13cr54
Shea, J.

Practice Areas: Criminal Law , Constitutional Law , Evidence

United States District Court

Azoulay v. Allstate Insurance Company

Owner Failed To Submit Proper Proof Of Loss For Hurricane Irene Damages

An insured who submits a flood insurance claim to an insurance company must sign and notarize the proof of loss.

3:12cv1693
Arterton, J.

Practice Areas: Insurance Law , Policy Terms , Contracts , Breach , Residential and Commercial Real Estate

New Haven J.D., at New Haven

Koziol v. Yale University

Defendant In Fish Poisoning Case Alleged Lack Of Minimum Contacts

The 14th Amendment requires that minimum contacts exist between the defendant and the forum state, and allegations that the defendant lived and worked in Connecticut at the time that he allegedly committed tortious conduct can be sufficient for minimum contacts.

CV14-6048796
Blue, J.

Stamford/Norwalk J.D., at Stamford

Tazi v. Silva

Plaintiff Requested Additur For Pain And Suffering From Collision

A jury that reasonably concludes that a plaintiff who was rear-ended exaggerated her injuries may not be required to award non-economic damages, for pain and suffering.

CV12-6015064S
Tobin, J.T.R.

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

United States Court of Appeals for the 2nd Circuit

United States v. Banks

2nd Circuit Joined Other Courts Of Appeal In Construing §4A1.2(a)(1)

A sentence that is issued for a conviction that results from a defendant's Alford plea constitutes a "prior sentence" pursuant to United States Sentencing Guidelines §4A1.2.

13-3473-cr
Per Curiam

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

Savino v. Savino

Attorney Protested Attorney Fees For Wrongful Removal To Federal Court

If a plaintiff lacks an objectively reasonable basis to request removal to district court, a defendant can be entitled to attorney fees under 28 United States Code §1447(c).

13-3617

Practice Areas: Legal Profession , Civil Procedure

Board of Mediation and Arbitration

City of New Britain and AFSCME, Council 4, Local 1186

City Lacked Just Cause To Demote Foreman To Equipment Operator

Arbitrators can find that in the absence of fair warning, a fair investigation and progressive discipline, a city lacked just cause to demote.

2013-A-0126
Sullivan, Baldyga and Kuehnel

Practice Areas: Administrative Law , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Labor Law , Collective Bargaining Agreements

State Elections Enforcement Commission

Referral: Trumbull Registrar of Voters

Voters Whose Driveway Was In Trumbull Taken Off Voters' List

Even if their driveway is located in another town, the location of a voter's dwelling unit can be used to decide their bona fide residence for purposes of voting.

2014-065
Castagno, Chair

Practice Areas: Administrative Law , Election and Political Law

Connecticut Supreme Court

Parisi v. Parisi

Separation Agreement's Payment In Lieu Of Alimony Terms Were Unclear

A contempt judgment cannot stand when, inter alia, the order a contemnor is held to have violated is vague and indefinite.

SC 19123
Rogers, C.J.

Practice Areas: Family Law , Contracts

Connecticut Appellate Court

State v. Barone

Police Collective Knowledge From Callers Gave Reasonable Suspicion

The collective knowledge of law enforcement personnel could be imputed to an officer making an investigatory stop of a vehicle as he contacted the police dispatcher to confirm that the vehicle was indeed the subject of an earlier "be on the lookout" alert and he was authorized to make an investigatory stop.

AC 35244
Lavery, J.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

State v. Stiggle

Guilty Pleas Upheld Despite Competency And Other Issues Raised

The U.S. Supreme Court in the 1993 decision of Godinez v. Moran determined that the competency standard for both trial and to plead guilty is "whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and has a rational as well as factual understanding of the proceedings against him."

AC 36410
Pellegrino, J.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Gagne v. Vaccaro

No Discovery Required On Fees But Hearing Needed For Contempt Order

In the 2008 decision of Comm'n on Human Rights & Opportunities v. Sullivan, the Supreme Court explained that the opportunity "to question under oath a billing attorney who has submitted an affidavit in support of the requested fees" is "the most fair and efficient means of challenging those fees…" and here, the trial court did not abuse its discretion in denying the defendant discovery regarding the plaintiff's claimed legal fees, given the extremely detailed fee affidavits provided, the opportunity to cross-examine the plaintiff's attorney regarding those fees and the tortured history of this case, spanning more than a decade.

AC 32247 32830
Gruendel, J.

Practice Areas: Legal Profession , Attorney Fee Recovery , Civil Procedure

United States District Court

Shanley v. Smith

Citizen Alleged Hartford Courant Published False Photo Caption

To prevail on a claim that media publications violated 18 United States Code §1038, which provides a private cause of action for "any party incurring expenses incident to any emergency or investigative response," a plaintiff may be required to allege that he incurred an expense.

3:14cv1881
Meyer, J.

Practice Areas: Communications and Media Law

United States District Court

Vallejo v. UConn Managed Health Care

Inmate Accused Prison Drs. Of 'Psychological Torture'

Deliberate indifference to a serious medical need constitutes cruel and unusual punishment.

3:13cv250
Underhill, J.

Practice Areas: Constitutional Law , Health Law , Criminal Law

United States District Court

United States v. Wilson-Foley

Campaign Finance Defendant's Request For Fatico Hearing Denied

A defendant who pleads guilty, who enters a stipulation about the amount of a payment and then confirms her adherence to the stipulation may not be entitled to a hearing to decide the amount of the illegal transaction.

3:14cr65
Arterton, J.

Practice Areas: Criminal Law , White Collar Crime , Fraud (White Collar) , Election and Political Law

New Haven J.D., at New Haven

Shahid v. Jongbloed

Former Defendant Sued Judge Who Presided Over Criminal Trial

A judge who presides over a criminal court trial is entitled to absolute immunity for conduct taken as a judge, even if her rulings are erroneous, untimely or in excess of her authority.

CV14-5034791
Vitale, J.

Practice Areas: Civil Rights , Criminal Law

Stamford/Norwalk J.D., at Stamford

State v. Garcia

10 Years For Shooting Wife With Hunting Rifle Affirmed

An individual who allegedly shoots his wife with a hunting rifle during a domestic dispute can be sentenced to 10 years in prison.

CR12-133761
Ginocchio, J., Fisher, J., and Alexander, J.

Practice Areas: Criminal Law

Waterbury J.D., at Waterbury

State v. Medina

State Alleged Mother Witnessed Abuse And Failed To Protect Child

Connecticut General Statutes §54-193a allows the state to prosecute within 30 years of the date that the victim attains the age of majority or within five years of the date that the victim informs the police, whichever is earlier.

CR12-412689
Fasano, J.

Practice Areas: Criminal Law

Danbury J.D., at Danbury

Becher v. Urology Assoc. of Danbury

Attorney's Wife Alleges Ovaries Were Removed Without Consent

Written consent to perform a hysterectomy and to remove ovaries can bar a claim against the doctor alleging battery.

CV12-6010951S
Ozalis, J.

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

New Haven J.D., at New Haven

Fritz Hiltl Hosenfabik Gmbh Co. v. Peter Dermer Co.

Plaintiffs Sought Treble Damages For Statutory Theft And Won $23,416

Plaintiffs who prevail on statutory theft, pursuant to Connecticut General Statutes §52-564, can be entitled to treble damages.

CV14-6046187S
Wilson, J.

Practice Areas: Torts , Intentional Torts , Conversion , Damages , Contracts , Breach

Statewide Grievance Committee

King v. Serafinowicz

Allegedly Attorney Did Not Inform Court That Client Violated Order

An attorney who allegedly fails to take reasonable remedial measures, including disclosure to the tribunal that a client violated no-contact orders, can violate Rule 3.3(b) of the Rules of Professional Conduct.

13-0655
Koffsky, Esq., Freedman and Goulden, Esq.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Lewis v. D'Ambrosio

Attorney Changed Mind About Waiving Fees For Telephone Calls

An attorney who allegedly informs a client that she has waived charges for e-mails and telephone calls and then changes her mind and bills the client for e-mails and telephone calls engages in misrepresentation, in violation of Rule 8.4(3) of the Rules of Professional Conduct.

14-0159
Slossberg, Esq. and Myers

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

St. George v. Guendelsberger

Complaint Alleged Attorney Violated Rule 1.16 When Relationship Ended

An attorney who allegedly does not comply with ethical rules that govern the termination of a relationship with a client can be ordered to take a continuing education class in legal ethics.

14-0208
Cousineau, Esq., and Woviotis, Esq.

Practice Areas: Administrative Law , Legal Profession

Connecticut Supreme Court

Cuozzo v. Town of Orange

Town Not Entitled To Dismissal On Disputed Jurisdictional Facts

If the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluate those merits.

SC 19274
Rogers, C.J.

Practice Areas: Civil Procedure

Stamford/Norwalk J.D., at Stamford

Wahl v. Wahl

Dad Who Refused To Take Sober-Link Test In Contempt Of Court

A court can find that a parent who willfully refused to take a Sober-Link test within 30 minutes of transporting the minor children is in contempt of court.

FA13-4026267S
Heller, J.

Practice Areas: Family Law , Custody and Child Support , Legal Profession , Attorney Fee Recovery

New Haven J.D., at New Haven

Ortiz v. Adm'r, Unemployment Compensation Act

Assembly Worker Allegedly Refused Supervisor's Order And Walked Away

An individual who was discharged for willful misconduct, because he allegedly refused to comply with a supervisor's reasonable request to perform work and walked away from his workstation, may not be eligible for unemployment compensation.

CV13-5034588S
Frechette, J.

Practice Areas: Social Services Law , Unemployment Compensation , Labor and Employment , Hiring/Firing

Board of Mediation and Arbitration

New Britain Board of Education and AFSCME, Council 4, Local 1186

Grievance About Opening School Buildings On Weekends Is Arbitrable

A class action grievance that alleges that various school officials opened school building on weekends, without calling custodians and paying the custodians overtime, can be arbitrable.

2013-A-0216 and 2013-A-0457
Celentano, Esq., Ryan and Neary

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

United States Court of Appeals for the 2nd Circuit

Vu v. Ruiz

Prisoner Alleged Officials Were Indifferent To Medical Condition

To prevail on an Eighth Amendment claim for cruel and unusual punishment, an inmate may be required to prove prison officials were deliberately indifferent to a serious medical condition.

14-755-cv

Practice Areas: Civil Rights , Constitutional Law , Criminal Law

Board of Mediation and Arbitration

City of New Haven and AFSCME, Council 4, Local 3144

Union Protested Unequal O-T Assignments During Storm Nemo

Absent provisions that require equalization of overtime assignments, a municipality can possess discretion to distribute emergency overtime assignments to particular workers.

2013-A-0589
Celentano, Esq.

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

Board of Mediation and Arbitration

Town of East Haven and AFSCME, Council 4, Local 1303-119

Assignment Of Work To Parks Department Violated Past Practice

A municipality that decides to assign beach clean-up work to employees of another department, because they are already at the work site, can violate a clear, unequivocal past practice.

2013-A-0463
Toomey, Sullivan and Culhane

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

Connecticut Supreme Court

In Re: Emma F.

Appeal Of Vacated Prior Restraint Order Was Moot And Exception Unmet

The constitutional issue in this appeal, whether the state's interest in maintaining the confidentiality of juvenile court proceedings justifies a prior restraint on the constitutional free speech rights of the Connecticut Law Tribune, presented a question of significant public importance; however, the appeal was rendered moot by the trial court's order vacating its injunction and did not meet the capable of repetition, yet evading review exception to the mootness doctrine.

SC 19417
Robinson, J.

Practice Areas: Appellate Law - Civil , Civil Rights , Communications and Media Law , Constitutional Law , Family Law , Juvenile Law

Connecticut Supreme Court

Sikorsky Fin. Credit Union, Inc. v. Butts

Postmaturity Interest Under Repossession Statute Scrutinized

Under Connecticut General Statutes §37-1(b), postmaturity interest continues to accrue on the unpaid balance of a loan even after the entry of judgment.

SC 19216
Zarella, J.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

In Re: Santiago G.

Child's Transfer For Wrong Human Trafficking Claim Was Not Undone

After determining that the cause for commitment, alleged human trafficking, no longer existed, the court properly considered the child's best interests in resolving a motion to transfer guardianship back to a former custodian, not the respondent, although it improperly proceeded under subsection (m) of Connecticut General Statutes §46b-129, rather than (j).

AC 36852
DiPentima, C.J.

Practice Areas: Family Law

Middlesex J.D., at Middletown

Chambers v. City of Middletown

Student Lacked Fiduciary Relationship With Counselor

Allegations that a high school student and his guidance counselor met once, that the high school student expressed concern about bullying and that the guidance counselor informed the student that an adult would monitor the hallway, can be insufficient to allege that a confidential, fiduciary relationship existed between the student and the guidance counselor.

CV14-6011312S
Aurigemma, J.

Practice Areas: Education Law , Torts , Intentional Torts , Assault

New Britain J.D., at New Britain

Barse v. Pasternak

Presumption Of Legitimacy Applies To Former Same-Sex Couple

The legal presumption that a child born in wedlock is the legitimate child of the mother and the mother's spouse extends to same-sex couples, even if a party did not conceive or adopt the child and did not comply with artificial insemination statutes.

FA12-4030541S
Morgan, J.

Practice Areas: Family Law , Custody and Child Support

Mashantucket Pequot Tribal Court

Mashantucket Pequot Gaming Enter. v. Zheng

Surveillance Allegedly Showed That Defendant Struck Co-Worker

A worker who allegedly strikes a co-worker, in violation of workplace policy, can be discharged, even if the worker claims she was merely joking or engaging in horseplay.

MPTC-CV-AA-2014-128
Londregan, J.

Practice Areas: Native American Law , Labor and Employment , Hiring/Firing

United States Court of Appeals for the 2nd Circuit

Perez v. Arnone

Visually Impaired, Suicidal Inmate Alleged DOC Violated ADA

A prison law library qualifies as a public service under the Americans With Disabilities Act, and exclusion can be shown by establishing that government defendants did not provide meaningful access to a visually impaired inmate.

14-720

Practice Areas: Civil Rights , Constitutional Law , Health Law

Compensation Review Board

Burch v. A-1 Home Serv.

Misnomer As To Defendant Was A Curable Defect Not Jurisdictional

As in the 1933 Supreme Court case of Motiejaitis v. Johnson, "the situation is one where the parties who should have been sued really appeared and defended, although ostensibly another party was named, and the trial court committed no error in permitting an amendment naming the real parties."

5905 CRB 3-13-12
Mastropietro, with Delaney and Truglia

Practice Areas: Social Services Law , Workers’ Compensation

Connecticut Supreme Court

Deutsche Bank Nat'l Trust Co., Trustee v. Perez

Bank's Appeal From Mortgage Deed's Reformation Was Dismissed

Certification was improvidently granted to appeal the issue of whether the Appellate Court properly determined that the trial court lacked the authority to reform a mortgage deed by adding another party to the mortgage.

SC 19289
Per Curiam

Practice Areas: Appellate Law - Civil , Banking and Financial Institutions

Connecticut Supreme Court

State v. Danforth

Sufficient Evidence Of Intent For Gun's Use In Conspired Robbery

It would run counter to established principles of conspiracy law to require the state to adduce testimony that each coconspirator expressly agreed to every act that was part of the conspiracy.

SC 19243
Palmer, J.

Practice Areas: Criminal Law

Connecticut Supreme Court

State v. Flemke

Sentence Enhancement For Firearm Use Applied To Unarmed Accomplice

While many penal statutes speak to the criminal conduct of a principal actor only, this does not mean that they do not also apply to accomplices; rather, such statutes must be read together with Connecticut General Statutes §53a-8(a), which provides that an accomplice is subject to exactly the same liability and punishment as the principal.

SC 19244
Palmer, J.

Practice Areas: Criminal Law

United States District Court

Burke v. Katz

African-American Waited Five Years To File Discrimination Complaint

A former employee may not be able to package untimely discrimination claims with subsequent timely claims, pursuant to a "pattern or practice" theory of employment discrimination, because that theory is not available to "private, non-class plaintiffs."

3:14cv1257
Bryant, J.

Practice Areas: Civil Procedure , Statute of Limitations , Civil Rights , Labor and Employment , Hiring/Firing

United States District Court

Webster Bank v. Diebold Inc.

Webster Bank's Suit For $11 Million Theft Filed Two Days Late

A statute of limitations can begin to run on the date that the alleged wrongful act or omission takes place, as opposed to the date that defendant indicated it was not responsible for the loss.

3:14cv135
Eginton, J.

Practice Areas: Civil Procedure , Statute of Limitations , Banking and Financial Institutions , Contracts , Breach

United States District Court

Texidor v. Colvin

Attorney Who Represented Partially Blind Client Awarded $5,843 In Fees

A court may consider the size of the administrative record, whether the same attorney represented the claimant during the administrative process and the complexity of the legal issues when it awards attorney fees to a successful applicant.

3:10cv701
Margolis, J.

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

New Haven J.D., at New Haven

Estate of Anderson-Coughlin v. Plymouth Rock Assurance Co.

Court Lacks Jurisdiction Over Massachusetts Policy And Accident

A Connecticut court may not possess jurisdiction to decide whether a Massachusetts policy covered a Massachusetts motor-vehicle accident that allegedly took place when a tractor trailer rear-ended the decedent's motor vehicle.

CV14-4049118S
Fischer, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Insurance Law , Torts , Motor Vehicles , Wrongful Death

Windham J.D., at Putnam

Fishlock v. Fishlock

Wife Allegedly Sent Former Husband Harassing Text Messages

A court can find a party in contempt of court, if that party allegedly sends harassing text messages, in violation of the court's order to restrict communications to issues that concern the parties' children.

FA14-4016170
Graziani, J.

Practice Areas: Family Law