Decisions

Most Viewed Decisions

Board of Mediation and Arbitration

City of West Haven and AFSCME, Council 4, Local 681

A municipality that assigns more work to a part-time worker, who works no more than 40 hours per week, as opposed to assigning additional work to full-time workers, may not be required to make use of an overtime list.

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

U.S. District Court

Cottrell v. Bunn-O-Matic Corp.

Courts may consider an expert's education and training, prevailing rates of comparable experts, and the complexity of discovery responses, when considering whether an expert's fee is reasonable. Allegedly, the plaintiff, Alexandria Cottrell, was injured as a result of a defective coffeemaker.

Practice Areas: Civil Procedure , Discovery , Pre-trial Procedure , Evidence , Expert Witnesses , Products Liability

Board of Mediation and Arbitration

Town of East Haven and AFSCME, Council 4, Local 818

A memo may not be enforceable, if the memo violates a charter provision that prevents an outgoing mayor, who has not been re-elected, from entering into a contract that binds the incoming mayor.

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Labor Law , Collective Bargaining Agreements , Wages and Hours , Election and Political Law

U.S. District Court

Kovaco v. Rockbestos-Suprenant

A motion can violate Rule 11(b)(2), if legal contentions are frivolous and lack merit, pursuant to Chien v. Skystar Bio Pharm. Co., a 2009 decision of the Connecticut District Court.

Practice Areas: Civil Procedure , Motion Practice , Legal Profession , Labor and Employment , Discrimination , Hiring/Firing

Board of Mediation and Arbitration

Town of Farmington and AFSCME, Council 4, Local 1689

Arbitrators can find that an individual who performs jobs that are not within that individual's job description should be reclassified at a higher level.

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

U.S. District Court

Silano v. Wheeler

Federal courts possess the power to order sanctions, if clear evidence of harassment or delay exists.

Practice Areas: Civil Procedure , Discovery , Civil Rights , Criminal Law

Board of Mediation and Arbitration

Town of Wallingford and IBEW, Local 457

A town may be required to pay workers who are ordered to remain home during a major snowstorm.

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

U.S. District Court

Fairchild v. Quinnipiac University

Allegations that a female coach's testimony in a class-action suit was adverse to her employer, that the court relied on her testimony, and that the female coach was discharged 21 days after the court entered a consent decree in the class-action suit, may be sufficient to allege retaliatory discharge in violation of Title IX and Connecticut General Statutes §31-51q.

Practice Areas: Labor and Employment , Hiring/Firing , Entertainment and Sports Law , Education Law

Connecticut Supreme Court

Sarrazin v. Coastal, Inc.

Under 29 U.C.C. §254(a), the Portal to Portal Act of 1947, as amended by the Employee Commuting Flexibility Act of 1996, an employee seeking compensation for commuting time must demonstrate that the requirements and restrictions the employer placed on that time imposed more than a minimal burden, transforming that time to an integral and indispensable part of the principal activity for which the worker is employed, undertaken predominantly for the employer's benefit.

Practice Areas: Labor and Employment , Wages and Hours

U.S. District Court

Emerging Money Corp. v. United States

The government may disclose tax return information about a stock-to-cash program that constitutes a Ponzi scheme, if the government's disclosure informs recipients about a potential tax deduction. The plaintiffs, Emerging Money Corp. and its affiliates, marketed to investors a program called the stock-to-cash program.

Practice Areas: Taxation

Connecticut Appellate Court

MacDermid, Inc. v. Cookson Group, PLC

Defendants should have been judicially estopped from seeking the dismissal of the plaintiff's complaint based on the prior pending action doctrine when they previously persuaded the court to deny the plaintiff's motion for leave to amend the prior complaint to add the claims.

Practice Areas: Civil Procedure

New London J.D., at New London

Blu-Prints Unlimited Inc. v. Sabilia

A court can issue a protective order, to prevent the disclosure of confidential information that was inadvertently produced during discovery.

Practice Areas: Civil Procedure , Discovery , Pre-trial Procedure , Taxation

Hartford J.D., at Hartford

Bloomfield Partners LLC v. Old Windsor Realty LLC

A court may consider an experienced real estate appraiser's opinion and comparable sales in the same municipality when it reaches a decision on the property's fair market value, for purposes of entering a deficiency judgment after judgment of strict foreclosure enters and title vests.

Practice Areas: Creditors’ and Debtors’ Rights , Residential and Commercial Real Estate

Connecticut Appellate Court

State v. Denya

The mere fact that a denial of a motion to modify probation leaves a defendant facing a lengthy probationary period with strict conditions is not an abuse of discretion.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Jeremy D.

A lack of understanding or mere confusion concerning criminal proceedings does not amount to mental incompetence in determining whether a defendant was sufficiently competent to validly waive a constitutional right to a trial by jury.

Practice Areas: Criminal Law , Constitutional Law

Middlesex J.D., at Middletown

Darling v. Kirkland

A court can award visitation to a nonparent who proves that a parent-like relationship exists and that denial of visitation will cause real and significant harm.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain (Juvenile Matters)

In Re: Baby Girl

A court can find it is in the best interests of a baby who was abandoned at a hospital to terminate the rights of the biological parents.

Practice Areas: Family Law , Custody and Child Support

Waterbury J.D., at Waterbury

Fisher v. Affirmative Mortgage Group LLC

A client who alleges legal malpractice may not prevail, if the client does not provide any expert testimony about the standard of care.

Practice Areas: Legal Profession , Evidence , Expert Witnesses

Hartford J.D., at Hartford

Prince v. Johnson Memorial Hospital Inc.

A court may enforce hospital bylaws that require that the hospital follow a medical committee's decision to reinstate a surgeon—even if the board of trustees disagrees.

Practice Areas: Health Law , Labor and Employment , Hiring/Firing

Middlesex J.D.

Middlesex Mutual Assurance Co. v. Hamilton

A "regular use" exclusion in an automobile policy may exclude coverage for the use of any vehicle, other than a covered vehicle, which is furnished or available for the "regular use" of any family member.

Practice Areas: Insurance Law , Automotive

Hartford J.D., at Hartford

Levine v. Amica Mutual Insurance Co.

A court may disqualify an attorney from representing her family in an underinsured-motorist case against an insurance company.

Practice Areas: Legal Profession , Insurance Law , Automotive , Torts , Motor Vehicles , Personal Injury

Windham J.D.

Generations Willimantic LLC v. Town of Windham

Allegations that a corporation operates a community health center that possesses a charitable character and is tax exempt may be sufficient to allege that the corporation is exempt from municipal taxes.

Practice Areas: Taxation , Residential and Commercial Real Estate

U.S. District Court

Soundkeeper Inc. v. A&B Auto Salvage Inc.

"Any citizen" may file a suit pursuant to the Clean Water Act and allege that a defendant failed to obtain an environmental permit, even if the Connecticut Department of Energy and Environmental Protection already investigated and concluded that there were no violations.

Practice Areas: Administrative Law , Environmental Law

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

Tandon v. Captain's Cove Marina of Bridgeport Inc.

A federal court may not possess admiralty jurisdiction over a fistfight on a dock that does not affect the safety of the dock or risk a collision between the dock and nearby vessels.

Practice Areas: Admiralty , Civil Procedure , Jurisdiction and Service of Process , Torts , Intentional Torts , Assault , Personal Injury

Freedom of Information Commission

DiCara v. Town Manager, Town of Winchester

Connecticut General Statutes §1-211(a) provides a document requester with 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 or have it done; C.G.S. §1-211(a) does not, by any of its terms, obligate a public agency to provide a copy of a computer stored public record in the computer format requested.

Practice Areas: Administrative Law

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

Ensign Yachts Inc. v. Arrigoni

The essential elements of an action in fraud are: 1.) a false representation was made as a statement of fact; 2.) it was false and known to be false by the party making it; 3.) it was made to induce the other party to act; and 4.) the other party acted on the false representation to his detriment.

Practice Areas: Torts , Intentional Torts , Fraud (Torts) , Insurance Law

Board of Mediation and Arbitration

Tolland Board of Education and UPSEU, Local 424, Unit 27

A union can file a grievance in the union's name on behalf of several individuals, and then amend the grievance, to add the name of a specific individual.

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

Department of Energy and Environmental Protection

In the Matter of: E-Square Investments LLC

The Department of Energy and Environmental Protection can require a current property owner to contribute to clean-up costs for an oil spill.

Practice Areas: Environmental Law , Residential and Commercial Real Estate

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

Orellana v. Holder

An immigration judge can find that a marriage is not bona fide, because the petitioner did not prove that his wife was single when they married, that they resided together in the marital home or that he met the wife's family.

Practice Areas: Immigration Law

Freedom of Information Commission

Peruta v. Bradford

The alleged failure to promptly provide a response detailing which records existed for a records request does not allege a violation of the Freedom of Information Act, Connecticut General Statutes §1-200.

Practice Areas: Administrative Law

Department of Energy and Environmental Protection

In the Matter of: Shanahan

The Department of Energy and Environmental Protection can order that property owners who did not obtain requisite permits, prior to construction of a stone retaining sea wall, remove and replace portions of the sea wall and pay civil penalties.

Practice Areas: Environmental Law , Residential and Commercial Real Estate

Freedom of Information Commission

Sargent v. Capalbo

The provisions of the Freedom of Information Act, Connecticut General Statutes §1-200, and questions of discovery operate separately and independently of each other.

Practice Areas: Administrative Law

Connecticut Appellate Court

Hankerson v. Commissioner of Correction

The 2013 Appellate Court explained in Tutson v. Commissioner of Correction that in the 1994 case of Simms v. Warden, Connecticut's Supreme Court "concluded that . . . [C.G.S.] §52-470(b) prevents a reviewing court from hearing the merits of a habeas appeal following the denial of certification to appeal unless the petitioner establishes that the denial of certification constituted an abuse of discretion. . . ."

Practice Areas: Criminal Law , Appellate Law - Criminal , Constitutional Law

Connecticut Appellate Court

Perez v. Commissioner of Correction

For his ineffective assistance of counsel claim, the petitioner was required to demonstrate that, but for his counsel's ineffective assistance, there was a reasonable probability that the court would not have revoked his probation and sentenced him.

Practice Areas: Criminal Law

U.S. District Court

Brayboy v. City of Bridgeport

A court may deny a motion to open discovery pursuant to a new theory that was not included in the complaint, if the motion to open is filed after the discovery deadline passes and it requests unduly burdensome discovery.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Discrimination , Race Discrimination , Sexual Harassment

U.S. District Court

Nichairmhaic v. Dembo

When it decides domicile for purposes of diversity jurisdiction, a court may consider where an individual is employed, exercises civil and political rights, obtains a driver's license, pays taxes and maintains bank accounts, real and personal property.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Intentional Torts , Abuse of Process , Emotional Distress , Legal Profession

U.S. District Court

U.S. v. Brunstorff

A one-year limitations period applies to petitions for habeas corpus relief, pursuant to 28 United States Code §2255. On March 22, 2011, Jillian Jelkanen complained to the police that her boyfriend, Kouwanii Brunstorff, allegedly assaulted her.

Practice Areas: Criminal Law

Connecticut Appellate Court

Cunniffe v. Cunniffe

No appellate stay of execution results from the filing of a jurisdictionally infirm appeal.

Practice Areas: Appellate Law - Civil , Family Law

U.S. District Court

Thompson v. Board of Trustees Community-Technical Colleges

Absent actual performance evaluations or overtime records, a reasonable trier of fact may not be able to find that similarly situated Caucasian co-workers produced inferior work and received better evaluations, or that they received greater opportunities to work overtime.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

Stamford/Norwalk J.D., at Stamford

Fitzpatrick v. Fitzpatrick

A party who allegedly pays for his girlfriend's motor vehicle, lingerie, jewelry and tuition, in violation of the court's automatic orders, can be held in contempt of court for dissipating marital assets.

Practice Areas: Family Law

Connecticut Appellate Court

We The People of Connecticut, Inc. v. Malloy

Because Public Act 12-33 entirely replaced Executive Orders 9 and 10 providing, respectively, for elections of majority representatives of family child care providers and personal care attendants and to establish working groups to report findings regarding collective bargaining to the governor, there was no practical relief to be given the plaintiffs who sought to challenge the executive orders.

Practice Areas: Appellate Law - Civil , Constitutional Law

State Elections Enforcement Commission

Complaint by: Griffin

An individual may not contribute more than $375 to an exploratory campaign committee, pursuant to Connecticut General Statutes §9-611.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: McNamara

The State Elections Enforcement Commission can dismiss a complaint that alleges that an e-mail invite to meet a mayoral candidate lacks attributions required by Connecticut General Statutes §9-621, if the source of the e-mail is clear.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Miles

An administrator who offers to give up a raise, if a board of education budget passes at a referendum, may not engage in "bribery," in violation of Connecticut General Statutes §9-364a, if the offer takes place before the referendum is considered to be "pending." On Aug. 8, 2013, Region One School District Superintendent Patricia Chamberlain allegedly offered to give up her raise, if the board of education budget passed at the referendum.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Ruocco

A requirement that a candidate's name and voice be contained in the narrative of an election campaign's automated telephone calls may not apply to an election campaign survey conducted by live human beings.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Scialabba

The State Elections Enforcement Commission can fine the treasurer of a political committee, if the treasurer authorizes funds for campaign flyers that lack the "paid for by" and "approved by" information.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Simon

Designees of registrars of voters can require that a citizen who votes via absentee ballot at a senior center remain in a designated area, without violating the citizen's right to vote in secret. On Oct. 31, 2013, Gail Simon observed absentee balloting at a senior center.

Practice Areas: Administrative Law , Election and Political Law

Statewide Grievance Committee

Ogarro v. Getzinger

An attorney who is admitted to the practice of law in Florida and who represents a Connecticut client in a loan modification, although he is not admitted to the practice of law in Connecticut, can violate Rule 5.5 of the Rules of Professional Conduct.

Practice Areas: Legal Profession , Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Connelly v. Commissioner of Correction

In the 2004 case of Hastings v. Commissioner of Correction, the Appellate Court declined to apply the federal prison mailbox rule in which the notice of appeal is deemed filed when the prisoner delivers it to prison authorities for forwarding to the court.

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

Connecticut Appellate Court

Deutsche Bank Trust Company Americas, Trustee v. DeGennaro

An alleged oral modification of a loan agreement exceeding $50,000 would be ineffective as a matter of law because it could not comply with the Statute of Frauds, Connecticut General Statutes §52-550.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Amato v. The Hearst Corporation

Connecticut case law clearly provides that Connecticut courts may look to federal court precedent for guidance in enforcing Connecticut's antidiscrimination statutes.

Practice Areas: Labor and Employment , Discrimination , Age Discrimination

Connecticut Appellate Court

State v. Johnson

The 2009 Supreme Court in State v. Marquez concluded that a nondouble-blind photographic array procedure is not unduly suggestive, per se.

Practice Areas: Evidence , Criminal Law

Connecticut Appellate Court

State v. Wright

Although the existence of threats against the victim by a third party would tend to show that someone other than the defendant had the motive and intent to harm the victim, that showing alone was insufficient to render third party culpability evidence admissible.

Practice Areas: Evidence , Criminal Law

Connecticut Appellate Court

In Re: Daniel A., Jr.

In a termination of parental rights trial, the court is not required to conduct a specific canvass akin to the criteria in Practice Book §44-3, which governs a criminal defendant's exercise of the right to self-representation and corresponding waiver of the right to counsel.

Practice Areas: Family Law , Constitutional Law

U.S. District Court

Kadri v. Groton Board of Education

Schools are generally considered non-public fora, and the First Amendment does not guarantee an individual access to school grounds.

Practice Areas: Labor and Employment , Hiring/Firing , Constitutional Law

Stamford/Norwalk J.D., at Stamford

Perez v. Carlevaro

A part-owner who proves breach of contract may be entitled to attorney fees pursuant to a contract provision for indemnification and the Connecticut Supreme Court's 1996 decision in 24 Leggett Street LP v. Beacon Industries Inc.

Practice Areas: Legal Profession , Attorney Fee Recovery , Contracts , Breach

Willimantic J.D. (Child Protection Session)

In Re: Maya

A court may award temporary custody to the Department of Children and Families, if an infant would be in immediate physical danger, if placed with the infant's biological parents.

Practice Areas: Family Law , Custody and Child Support

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

Contreras v. Perimenis

To prevail on a constitutional claim against a social worker, a parent may be required to prove that the social worker's conduct was shocking, arbitrary and egregious.

Practice Areas: Constitutional Law , Civil Rights , Family Law

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

Mesura v. Holder

An alien who is not a lawful permanent resident may be required to prove he is a person of good moral character, to establish eligibility for cancellation of deportation, pursuant to 8 United States Code §1229b(b)(1)(B).

Practice Areas: Immigration Law

New Haven J.D., at New Haven

Roberts v. Roberts

A court can find that unilateral decision making by one party and failure to communicate by another led to the breakdown of a marital relationship.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Burton v. Freedom of Information Commission

A complainant who files a complaint with a state agency may not be aggrieved, if the state agency finds that a violation took place and does not order a civil penalty.

Practice Areas: Civil Procedure , Standing , Election and Political Law , Environmental Law

New London J.D., at New London

Plew v. Griggs & Browne Home Inspection Services Inc.

If home buyers obtain a third-party home inspection, prior to purchase, they may not be able to prove that they reasonably relied on the answers on a property disclosure form.

Practice Areas: Residential and Commercial Real Estate , Torts , Intentional Torts , Fraud (Torts)

New Britain J.D., at New Britain

Scandariato v. Department of Social Services

An individual's assets may be considered "available" for the purposes of Medicaid, even if the assets cannot be disbursed without Probate Court approval.

Practice Areas: Social Services Law , Medicare/Medicaid

Hartford J.D., at Hartford

Diaz v. Manchester Memorial Hospital

A premises owner may not possess the duty to warn an invitee about icy conditions about which the premises owner lacks actual or constructive notice.

Practice Areas: Torts , Personal Injury , Causation , Premises Liability , Invitees

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

Barletta v. McCormack

Allegations that prison officials refused to provide an inmate with information about "gang identifiers" that the Department of Correction uses may be insufficient to allege a valid civil-rights claim, pursuant to 42 United States Code §1983.

Practice Areas: Civil Rights , Criminal Law

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

Struk v. Holder

A petitioner may not be able to prove a likelihood of future persecution on the basis of religious beliefs, if similarly situated relatives live in the petitioner's native country without harm.

Practice Areas: Immigration Law

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

A party that files an objection to arbitrability may be required to file the objection at least 10 days before the initial hearing date.

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

Connecticut Appellate Court

Torres v. Carrese

A physician had no obligation to inform his patient that a procedure may be better performed at another health care facility.

Practice Areas: Torts , Civil Procedure

Connecticut Appellate Court

JMS Newberry, LLC v. Kaman Aerospace Corporation

By failing to identify any claimed alteration to property that diverted surface water, the plaintiff did not meet its burden of establishing that the defendants' conduct unreasonably polluted and impaired the waters and natural resources of the state and the public trust therein for a claim under Connecticut Environmental Protection Act of 1971, Connecticut General Statutes §22a-16.

Practice Areas: Torts , Environmental Law

Department of Energy and Environmental Protection

In the Matter of: Heritage-Crystal Clean LLC

A hearing officer for the Department of Energy and Environmental Protection can recommend the approval of a draft permit, if substantial evidence supports a conclusion that a proposed hazardous waste facility will not result in pollution.

Practice Areas: Administrative Law , Environmental Law

U.S. District Court

Davis v. City of New Haven

To prevail on equal protection, a plaintiff may be required to prove: 1.) the defendant treated her differently than other, similarly situated individuals; and 2.) selective treatment was based on impermissible considerations such as race.

Practice Areas: Constitutional Law , Education Law , Civil Rights

Connecticut Supreme Court

State v. Williams

Article first, §7 of the Connecticut constitution does not prohibit the warrantless search of a closed container located in the trunk of a vehicle conducted during an otherwise constitutional warrantless search of an automobile.

Practice Areas: Constitutional Law , Criminal Law

Connecticut Appellate Court

Matthews v. SBA, Inc.

The Connecticut Limited Liability Company Act, Connecticut General Statutes §§34-100 to 34-242, contains provisions pertaining to the registration of foreign limited liability companies in Connecticut, C.G.S. §34-223, and service of process on foreign LLCs, §34-225, but, the legislature did not expressly specify how to treat foreign LLCs for the purposes of long arm jurisdiction.

Practice Areas: Business Entities , LLCs and LLPS , Civil Procedure , Jurisdiction and Service of Process

New Haven J.D., at New Haven

Povall v. Knauth and Visser LLC

A court can find that a slight delay in making the payment required by contract, as a result of one attorney's confusion about the amount owed, and the other attorney's absence from the attorney's office, is not willful. The plaintiff, Virginia Povall, sued the defendant.

Practice Areas: Contracts , Breach , Remedies , Civil Procedure , Settlement

Connecticut Appellate Court

Longview Estates, LLC v. Woodin

The plain language of Connecticut General Statutes §21-80(e)(4) sets a mobile park owner's recoupment of the cost of sale of an abandoned mobile home as a priority over lienholders, including municipalities.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Coleman v. Commissioner of Correction

Because the claim previously was litigated before three constitutional courts in the state, the doctrine of res judicata precluded the habeas petitioner from relitigating whether his counsel provided him with effective assistance in filing a motion to withdraw from prior habeas cases under the 1967 U.S. Supreme Court decision in Anders v. California.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Jackson v. Commissioner of Correction

As explained by the 2011 Supreme Court in Gould v. Commissioner of Correction, "[d]iscrediting the evidence on which the conviction rested does not revive the presumption of innocence."

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Bellamy

A party concerned with the speed with which a judge delivers jury instructions should object when the instructions are being read so the judge is aware of the concern and can adjust the speed of delivery or take other corrective steps if appropriate.

Practice Areas: Criminal Law , Evidence

Waterbury J.D., at Waterbury

DiMichele v. Perrella

Statutes that bar claims for alienation of affection and adultery, in Connecticut General Statutes §§52-572b and 52-572f, may not bar recovery for a cause of action that alleges failure to disclose paternity.

Practice Areas: Torts , Intentional Torts , Fraud (Torts) , Emotional Distress , Family Law

New Haven J.D., at New Haven

Konesky v. Baggett

A court can award damages for defamation and emotional distress to a student whose professor allegedly engaged in unprofessional conduct.

Practice Areas: Education Law , Torts , Intentional Torts , Defamation , Emotional Distress

New Haven J.D., at New Haven

Hunt v. Yale University

If a plaintiff proves a prima facie case of employment discrimination, a defendant can prevail, if it possessed a legitimate, nondiscriminatory rationale for discharge that did not constitute a pretext for unlawful discrimination.

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

Waterbury J.D., at Waterbury

White v. BPO Elks Lodge #265

A companion who does not observe a plaintiff's slip and fall may not be qualified, as a layperson, to provide an opinion about the cause of the slip and fall.

Practice Areas: Evidence , Witnesses , Torts , Personal Injury , Premises Liability , Invitees

Hartford J.D., at Hartford

Adams v. Adams

A court can modify the payment of support for extracurricular expenses, if a party establishes a substantial change in circumstances.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Comparone v. New London County Mutual Insurance Co.

An individual who is described as a "driver" in an insurance policy and who is not described as an "insured" may not be entitled to underinsured-motorist benefits.

Practice Areas: Insurance Law , Automotive

Fairfield J.D., at Bridgeport (Juvenile Matters)

In Re: Angel

A court is not required to inform a juvenile delinquent, at the time of conviction, that she might be incarcerated as an adult.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

Connecticut Appellate Court

Valentine v. Valentine

Because additional financial orders were entered in violation of the defendant's right to due process, without holding a hearing or providing any opportunity for oral argument, they could not stand.

Practice Areas: Family Law , Custody and Child Support , Constitutional Law , Civil Procedure , Motion Practice

Connecticut Appellate Court

Keenan v. Casillo

Connecticut General Statutes §46b-129a(2)(D), stating "[n]o person who has served as both counsel and guardian ad litem for a child shall thereafter serve solely as the child's guardian ad litem," is contained within Chapter 815t of the General Statutes and is limited to juvenile matters.

Practice Areas: Family Law , Custody and Child Support

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

U.S. v. Thorndike

A tax return preparer who allegedly instructs clients who are being audited to prepare false documents can be eligible for a sentencing enhancement for "obstructing the administration of justice."

Practice Areas: Criminal Law , Taxation

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

U.S. v. Underhill

The legal rights available to a defendant in a criminal prosecution may not be available in revocation hearings for violations of parole, probation or supervised release.

Practice Areas: Criminal Law

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 15, Local 1361

A probationary worker who is discharged may not be entitled to the protections provided by a collective bargaining contract.

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

Board of Mediation and Arbitration

South Windsor Board of Education and AFSCME, Council 4, Local 1303-029

Arbitrators can enforce a collective bargaining contract that requires that retirees pay for life insurance.

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

State Elections Enforcement Commission

Referral by: Bristol Town Clerk

The State Elections Enforcement Commission can fine a campaign treasurer $200 to $2,000, if the treasurer fails to file a financial disclosure statement.

Practice Areas: Administrative Law , Election and Political Law

Hartford J.D., at Hartford

McCants v. State Farm Fire and Casualty Co.

A court may exercise its discretion to award postjudgment interest starting on the date of judgment, as opposed to the date on which the court denied the defendant's motion to reargue.

Practice Areas: Civil Procedure , Insurance Law , Policy Terms

Stamford/Norwalk J.D., at Norwalk

State v. Panek

"Plain view" in the state's voyeurism statute, Connecticut General Statutes §53a-189a, refers to the "plain view" of the individual who takes a picture or makes a tape.

Practice Areas: Criminal Law

Tolland J.D., at Rockville

State v. Secore

At sentencing, a court may consider the seriousness of the alleged criminal offense, harm to the victim and conduct that allegedly took place after the police arrested the defendant.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport (Juvenile Matters)

In Re: Taraelle

A court can find that a child would be in immediate physical danger, if placed with the biological parents, based on the doctrine of predictive neglect.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

McKissick v. McKissick

A court can order a party to pay alimony to a former spouse who is disabled, as soon as the spouse vacates the marital residence.

Practice Areas: Family Law

Tolland J.D., at Rockville

Plourde-Davis v. Davis

A court can find that a party who allegedly connected with an old love interest, visited that individual and gave that individual substantial gifts is at greater fault for the breakdown of the marital relationship.

Practice Areas: Family Law , Custody and Child Support

Ansonia/Milford J.D., at Milford

Kids Zone Realty LLC v. Planning and Zoning Commission of the City of Shelton; Planning and Zoning Commission of the City of Shelton v. Zoning Board of Appeals of the City of Shelton

A 90-day period during which, if no decision is made, approval is automatic, begins to run when the P&Z votes to review a zoning application.

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

Waterbury J.D., at Waterbury

Medina v. City of Waterbury

Allegedly, the City of Waterbury, hired Tectonic Engineering & Surveying Consultants to reconstruct a public sidewalk along Cooke Street.

Practice Areas: Torts , Liability , Immunity , Personal Injury