Most Viewed Decisions

New Haven J.D., at New Haven

Giampietro v. The Eye Care Grp.

Defendant Ophthalmologists Won Battle of Experts at MedMal Trial

To prevail on a medical-malpractice claim, a patient was required to prove, by a preponderance of the evidence, that defendants breached the standard of care.

CV12-6034486
Agati, J.

New Haven J.D., at New Haven

Palmer v. Conn. Sports Plex

Father Injured at Baseball Batting Practice Awarded $32,000

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual who allegedly was struck in the eye by a baseball.

CV12-6034757
Agati, J.

Waterbury J.D., at Waterbury

Mukidi v. Mafuta

Husband from Africa Alleged that Parties Were Never Intimate

As a result of a paternity test that indicated that the husband was the biological father of the parties' infant, the court found that the parties had a valid marriage.

FA15-5017152
Nastri, J.

Stamford/Norwalk J.D., at Stamford

Holt v. Safeco Ins. Co. of Am.

Homeowners Alleged Price Fixing and Market Manipulation by Insurer

Connecticut did not recognize a private cause of action for allegations of price fixing and market manipulation against an insurance company.

CV13-6017661
Tobin, J.T.R.

New London J.D., at New London

Nicasia v. Mickens

Mother of Victim Cannot Prevail on Bystander Emotional-Distress Claim

Plaintiff mother failed to allege emotional distress so severe that no reasonable individual could have been expected to endure it and that was medically significant, as required to prevail on a claim for bystander emotional distress.

CV14-6022088
Vacchelli, J.

Hartford J.D., at Hartford

Landmark Development Group v. East Lyme Water & Sewer Comm'n

Plaintiffs' Project Was Barred by Board's Allocation of Sewer Capacity

A sewer commission was required to consider the demands of plaintiffs' project and the effect on remaining sewer capacity when it allocated sewer capacity.

CV15-6056637
Cohn, J.T.R.

Hartford J.D., at Hartford

Rashid v. Sarwat

Husband of Two Years Claimed that Wife Kept his 'Green' Card

A court could order that a wife return a "green" card to a former spouse, who moved to the United States after the marriage, provided that the "green" card remained in her possession.

FA15-5040511
Johnson, J.

Stamford/Norwalk J.D., at Stamford

Pritsker v. Keating

Massachusetts Lawyer Did Not Prove Judge Lee Was Biased

Rule 2.11(a) required that a judge disqualify himself or herself, if the "judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding."

CV14-5014277
Lee, J.

New London J.D., at New London

Comm'r of Transp. v. Brown

DOT Underestimated Value of Taking for Niantic River Bridge

Damages from a partial taking via eminent domain could be computed as the fair market value of the property prior to the taking minus the fair market value of the property after the taking.

CV15-5014937
Devine, J.

Waterbury J.D., at Waterbury

Ragunauth v. Bisaillon

Petitioner Alleged Ex-Boyfriend Sent Anonymous Text Messages

"Stalking" was defined as the offense of following an individual, often surreptitiously, to annoy or to harass or to commit an assault or battery.

FA16-4036486
Nastri, J.

Stamford/Norwalk J.D., at Stamford

Law Offices of Frank N. Peluso v. Cotrone

Client Did Not Prove Rule 1.5(b) Provided Defense to Unpaid Fees

Rule 1.5(b) of the Rules of Professional Conduct required that a law firm submit a written communication concerning the costs of litigation and the scope of representation.

CV09-5011618
Heller, J.

Connecticut Appellate Court

Britto v. Britto

Trial Court Abused Discretion when it Disregarded Stipulation

A trial court could abuse its discretion, if the court disregarded the parties' stipulation, without informing the parties in advance and furnishing them the opportunity to present evidence.

AC 36973 and AC 37117
Alvord, J.

New London J.D., at New London

Peters v. United Cmty. and Family Serv.

Original Written Opinion Did Not Indicate Author Was Board Certified

Medical-malpractice plaintiffs were required to provide a written opinion from a similar healthcare provider, and if the defendant was board certified the opinion writer might also be required to be board certified.

CV16-6026050
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

Klabal v. Klabal

Husband in Contempt for Failure to Pay Alimony of $720,000/Year

A court could find a party in contempt of court as a result of his willful failure to obey an order that was clear and unambiguous.

FA10-4019034
Jacobs, J.

New London J.D., at Norwich

Henderson v. Henderson

Wife Who Loaned Husband $69,000 Awarded Alimony of $400 per Month

A court found that a wife who loaned her husband $69,000 after they separated, because she hoped that they would reconcile, was entitled to alimony of $400 per month and not entitled to enforce the signed promissory note for $69,000.

FA15-6100699
Diana, J.

Fairfield J.D., at Bridgeport

Daley v. J.B. Hunt Transport

African-American Alleged Prima Facie Case of Disparate Treatment

To prove a prima facie case of employment discrimination, plaintiff was required to establish he belonged to a protected class, he was qualified, and he suffered an adverse employment action in circumstances that led to an inference of discrimination.

CV13-6039686
Wenzel, J.

Litchfield J.D., at Litchfield

Budney v. Town of New Hartford

$361,760 Waterfront Property Was Overassessed at $426,900

A court could consider the opinions of real estate appraisers and the sales of comparable properties when it decided whether the municipality overassessed waterfront property.

CV15-6012270
Pickard, J.

Stamford/Norwalk J.D., at Stamford

State v. Lombardi

77-Year-Old Sought Sentence Reduction for Manslaughter

An individual who allegedly committed first-degree manslaughter with a firearm could be sentenced to 40 years in prison.

CR08-164501
Kahn, J., Alexander, J., and Ginocchio, J.

Hartford J.D., at Hartford (Land Use Docket)

Seaview Cove v. Planning and Zoning Bd.

Board Denied Affordable Housing Request without Explaining Rationale

Generally, municipal boards that vote against affordable housing were required to explain the specific public interests in health, safety or other matters that were more important than the need for affordable housing.

CV16-6065739
Berger, J.

United States District Court

Anderson v. Metro-North Commuter R.R.

Plaintiff Sought to Offer Testimony from Defendant's Dr.

The balancing approach in Rule 403 provided that the court could exclude relevant evidence, if the risk of unfair prejudice was greater than the probative value.

3:14cv452
Arterton, J.

Hartford J.D., at Hartford

State v. Young

22-Year-Old Won Sentence Reduction for Discharging Gun

The Sentence Review Division can reduce a sentence, if the original sentence was inappropriate or disproportionate.

CR11-655775
Fischer, J., Hadden, J., and Ginocchio, J.

Hartford J.D., at Hartford

Harmon v. Univ. of Conn. Health Ctr.

African-American Dentist Did Not Prove that She Was Qualified

To establish a prima facie case of race discrimination, plaintiff was required to prove: (1) she belonged to a protected class; (2) she was qualified; and (3) she suffered an adverse employment action in circumstances that led to an inference of discriminatory animus.

CV13-6045781
Elgo, J.

Waterbury J.D., at Waterbury

Foster v. Foster v. Toyota Motor Sales

Owner Did Not Adequately Allege Toyota Had Exclusive Control

To prevail on an indemnity claim, defendant owner must prove that defendant manufacturer was in control to the exclusion of defendant owner.

X10-CV13-6028741
Dooley, J.

New Haven J.D., at New Haven

Romero v. City of New Haven

6-Year-Old Child Going to International School Injured Hand

An exception to government immunity existed for identifiable individuals who were subjected to imminent harm.

CV13-6043218
Fischer, J.

Connecticut Appellate Court

State v. Chemlen

Defendant Falsely Promised to Repair Client's Credit Scores

The crime of larceny could include the use of false promises to obtain another individual's property.

AC 37429
Prescott, J.

United States Court of Appeals for the Second Circuit

United States v. Faux

Defendant Who Was Interrogated Was Not in Government's Custody

Generally, statements made during a custodial interrogation were not admissible, unless the suspect was informed about his rights.

15-1282-cr
Jacbos, J.

Hartford J.D., at Hartford

Johnston v. Carriage House I - Enfield Assoc.

Unit Owners Alleged Condo Association Issued Too Many Orders

Allegations that a condo association issued too many cease-and-desist orders against unit owners were insufficient to state claims for private nuisance, false imprisonment or emotional distress.

CV15-6058599
Dubay, J.

Hartford J.D., at Hartford

Town of Manchester v. L&J Manchester

Purpose of Easements Created Decades Ago Was Not Frustrated

A court was not persuaded that the purpose of cross easements had been frustrated as a result of changed circumstances and that the cross easements should be judicially terminated.

CV14-6052696
Huddleston, J.

Hartford J.D., at Hartford

Fasulo v. HHC Physicianscare d/b/a Hartford Healthcare Med. Grp.

Healthcare Coordinator Failed to Maintain Regular Attendance

To prove a prima facie case of disability discrimination, plaintiff was required to establish she was able to perform essential job functions, with or without a reasonable accommodation.

CV14-6054624
Noble, J.

United States District Court

Principal Nat'l Life Ins. v. Coassin

Misrepresentations in Application for $10 Million Policy Were Not Material

A life insurance policy could be rescinded, if the applicant knowingly made a misrepresentation that was "material" to the insurance company's decision to insure.

3:13cv1520
Arterton, J.

Stamford/Norwalk J.D., at Stamford

Murray v. Aparicio

Apparent 1st Impression on Removal of Part of Shared Driveway's Gate

Plaintiff, when he unilaterally removed part of the gate at the end of his shared driveway, rendered the remainder of the gate essentially useless and wrongly interfered with his neighbor's right to close the gate and to protect his property.

CV12-6014866
Heller, J.

New Haven J.D., at New Haven

Azzaro v. Westbrook

Tree Trimmer who Allegedly Fell Was an Independent Contractor

A homeowner may not owe a duty of care to an independent contractor.

CV15-6052990
Blue, J.

Waterbury J.D., at Waterbury

Senk v. Zoning Comm'n of the City of Waterbury

Regulation for Wireless Facility Only Applied to New Buildings

A zoning commission did not abuse its discretion when it found that a zoning regulation that governed the size of wireless communications facilities applied only to new and stand-alone buildings.

CV14-6024989
Brazzel-Massaro, J.

New London J.D., at New London

Scott v. Donovan

Plaintiff who Was 10 Percent Responsible Awarded $186,258

A jury could award economic damages for medical expenses and noneconomic damages, for pain and suffering, to a plaintiff who fell.

CV14-6020782
Devine, J.

United States District Court

United States v. Jenkins

Government Did Not Prove Tax Preparer Acted Willfully

To prevail on a claim that defendant tax preparer was guilty of the crime of assisting in the filing of a false tax return, in violation of 26 United States Code §7206, the government was required to prove that defendant's conduct was willful.

3:14cr1
Underhill, J.

Connecticut Appellate Court

Keller v. Keller

Attorney Fees Awarded under Bad-Faith Exception to American Rule

A wife who allegedly entered the former marital residence and stole the husband's computer hard drive, personal items and garbage, in violation of court orders, could be ordered to pay attorney fees.

AC 37263 and AC 37560
Mihalakos, J.

Fairfield J.D., at Bridgeport

State v. McAlister

Teen Imprisoned for 1963 Murder Committed More Crimes

Incarcerating an individual to life in prison for a crime committed when a minor could unconstitutionally deprive that individual of the opportunity to prove that he matured and should be released.

CR64-15765 and CR64-15711
Devlin, J.

Connecticut Supreme Court

State v. Connor

State Lacked Opportunity to Be Heard on Dispositive Issue

Parties were entitled to notice that a court intended to consider an issue, so that they could review the record, conduct research and prepare a response.

SC 19421
McDonald, J.

United States District Court

Presumey v. Town of Greenwich

Injured Worker Did Not Prove Breach of Duty of Representation

If a labor union did not process a grievance, because the grievance lacked merit, the union did not breach the duty of fair representation.

3:15cv278
Martinez, J.

Compensation Review Board

DeOliveira v. Florenee Cleaning

Motor-Vehicle Accident En Route to Work Was Compensable

A worker who was injured in a motor vehicle driven by her employer en route to the first work assignment of the day was injured in the course of employment.

6024 CRB-4-15-8
Mastropietro, with Walker and Salerno

New Haven J.D., at New Haven

Boone v. 210 Burwell Ave.

Visitor Who Tripped on Fence Pipe Post Awarded $35,000

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual who tripped and fell.

CV15-6053382
Zoarski, J.T.R.

Hartford J.D., at Hartford

In re Jeremiah M-R

Kids Allegedly Observed Father Engage in Domestic Violence

A court could open and modify custody, if the Department of Children and Families proved, by a fair preponderance of the evidence, that modification was in the best interests of the minor children.

CP14-015514-A and CP14-015515-A
Gilligan, J.T.R.

Litchfield J.D., at Bantam (Housing Session)

Greenbaum v. Harrigan

Relative who Co-Signed Lease was Not Responsible After Lease Ended

A relative who co-signed defendants' lease did not intend to extend the guarantee beyond the term of the lease that he signed.

CV-15736
Gallagher, J.T.R.

United States Court of Appeals for the Second Circuit

Carter v. Brennan

Post Office Employee Did Not Timely Exhaust Administrative Remedies

A post office employee who alleged that he was subjected to age discrimination was required to file a claim with the Equal Employment Opportunity Commission within 45 days of discharge to exhaust administrative remedies.

15-1837-cv

New Haven J.D., at New Haven

Nolen-Hoeksema v. Maquet Cardiopulmonary

Oxygenator Did Not Qualify as 'Implant' under Biomaterials Act

A blood oxygenator device that functioned in conjunction with several other apparatuses and that was not directly inserted into the patient's body did not qualify as an "implant."

CV14-6049888
Frechette, J.

United States District Court

Miller v. Bridgeport Police Dep't

African-American Attorney's Suit Barred by Limitations Period

Federal civil-rights claims were subject to Connecticut's three-year statute of limitations for personal-injury actions.

3:14cv689
Meyer, J.

New Haven J.D., at New Haven

Robinson v. Carr

Real Estate Broker Alleged that Plaintiff Signed General Release

A real-estate broker was allowed to file special defenses, to inform the court, counsel and parties of the issues to be tried.

CV14-6048389
Wilson, J.

New London J.D., at New London

Ward v. Rouhana

Plaintiffs Alleged Defendants Knew Driver Abused Controlled Substances

Allegations that defendants did not conduct an adequate pre-hiring check and allowed the driver to operate a tractor-trailer although they knew, or should have known, that the driver abused controlled or illegal substances, were sufficient to state a claim for negligent hiring.

CV15-6024678
Bates, J.

United States District Court

Medero v. Murphy Sec. Serv.

Security Supervisor Allegedly Refused to Sign Incorrect Form

To state a wrongful-discharge claim under Connecticut General Statutes §31-51a, a plaintiff must allege that he was discharged because he exercised his First Amendment rights and that his conduct did not substantially interfere with his bona fide job performance or his working relationship with his employer.

3:16cv47
Bryant, J.

United States District Court

Saliga v. Chemtura

Court Approved $450 Per Hour for Robinson+Cole Attorney

A court evaluating a request for attorney fees could perform a lodestar analysis and multiply reasonable hours spent by a reasonable hourly rate.

3:12cv832
Martinez, J.

New London J.D., at Norwich

Santacroce v. Santacroce

Wife Who Earned More Was Not Required to Pay Child Support

A court could depart from child support guidelines based on shared parenting, incomes that were substantially similar and the best interests of the minor child.

FA16-6101106
Connors, J.

United States District Court

Vale v. City of New Haven

Supervisor Allegedly Called Female, 44-Year-Old Police Recruit 'Grandma'

Allegations that a training supervisor repeatedly called a female, 44-year-old police recruit "grandma" and "motherly" were sufficient to create a genuine issue of material fact on the recruit's claim that she was discharged as a result of age discrimination.

3:11cv632
Haight, J.

Statewide Grievance Committee

Harris v. Lipsky

Personal-Injury Client Allegedly Did Not Receive Settlement Funds

A plaintiff's attorney who allegedly was not diligent and allowed his client's case to be dismissed could engage in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4).

15-0516
Koffsky, Sansone and Sheridan

Connecticut Appellate Court

State v. Jordan

Defendant Was Not Eligible for Diversionary Program for Veterans

A diversionary program for veterans charged with criminal offenses was only available when the underlying crime was not considered serious.

AC 37654
Pellegrino, J.

New Britain J.D., at New Britain

State v. Skinner

State Did Not Timely Commence Prosecution for Sexual Assault

The State of Connecticut was required to commence a prosecution of defendant, in connection with an alleged March 8, 2009 sexual assault, on or before March 8, 2014.

CR15-0276339
Keegan, J.

United States District Court

United States v. Ahuja

Government Alleged Dr. Dispensed Controlled Substances to Relatives

The government adequately alleged that a doctor who allegedly dispensed controlled substances to family members and answered investigators' questions inconsistently and inaccurately violated the Controlled Substances Act.

3:14cv1558
Hall, J.

Waterbury J.D., at Waterbury

Feingold v. Watermark/Alsa

Nursing Home Resident who Fell Did Not Obtain Written Opinion

Allegations in a complaint sounded in medical malpractice, if the alleged negligence was substantially related to medical diagnosis or treatment and involved the exercise of medical judgment.

CV15-6026978
Brazzel-Massaro, J.

United States Court of Appeals for the Second Circuit

Feitosa v. Lynch

Gay Brazilian Did Not Prove Likelihood of Future Persecution

To prove entitlement to relief on the grounds of future persecution, a petitioner who was gay could be required to prove a pattern or practice of persecuting or torturing men who were gay in his country of origin.

15-254

Connecticut Supreme Court

Shannon v. Comm'r of Housing

Regulation that Barred Housing Assistance Was Not Retroactive

Application of the 2012 law that provided that most individuals on the sex offender registry were ineligible for housing assistance was retroactive in connection with a blind individual who received housing assistance since 2009.

SC 19562
Robinson, J.

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 4, Local 1361

Board Wrongly Ordered Cop to Obtain a Third Doctor's Opinion

The successor collective bargaining contract was in effect when a pension board considered a disabled police officer's request for disability benefits.

2016-A-0192
Pittocco, Brown and Lipton

Stamford/Norwalk J.D., at Stamford

Conn v. Wavecrest Prop.

Attorney Fees Reduced 10 Percent as Result of 'Excessive Staffing'

A court could reduce an attorney fee award, because junior attorneys who billed at lower rates were not utilized.

CV13-6019940
Lee, J.

Stamford/Norwalk J.D., G.A. #1

State v. Smith; State v. Strong; State v. Carter

Police Reasonably Suspected Defendants Intended to Steal SUVs

When the police observed unusual conduct that led them to reasonably suspect that criminal activity might be taking place, police could briefly stop the suspect and make reasonable inquiries.

CR15-0186356, CR15-0186357 and CR15-0186358
Blawie, J.

New London J.D., at New London

Feraco v. A. Duie Pyle

Car Driver 25 Percent Responsible For Collision with Tractor-Trailer

A court could find a car driver 25 percent responsible for a collision with a tractor-trailer.

CV13-6017615
Bates, J.

United States District Court

Vera v. Alstom Power

Long-Time Project Manager Won $650,345 and Reinstatement

A close temporal proximity between protected activity and an adverse employment action could give rise to an inference of retaliation.

3:12cv382
Bolden, J.

Connecticut Supreme Court

State v. Brawley

Defendant Claimed Shackles Violated Right to a Fair Trial

Generally, shackles would not be required during trial, unless a defendant constituted a flight to safety risk.

SC 19441
Palmer, J.

Connecticut Appellate Court

Cornelius v. Rosario

Motion for Attorney Fees was Not Filed Timely, within 30 Days

Practice Book §11-21 provided that motions for attorney fees were to be filed with the trial court within 30 days of the date on which the final judgment of the trial court was issued.

AC 37210
DiPentima, C.J.

New Haven J.D., at New Haven

Haynes v. Campbell

Landowners Lacked Duty of Care to Passerby Allegedly Bitten by Dog

Landowners may not owe a duty of care to a passerby who allegedly was bitten by a tenants' dog when walking in front of the property.

CV15-6051503
Fischer, J.

Hartford J.D., at Hartford

Wild v. Cocivera

Kids Alleged Tortious Interference with Inheritance

Connecticut courts recognized a cause of action for tortious interference with an expected inheritance.

CV14-6050575
Noble, J.

Waterbury J.D., at Waterbury

Kee v. Rocchi

Driver Struck by Street Sweeper that Lacked Mirror Awarded $6,544

A court could award economic damages for medical expenses and non-economic damages for pain and suffering to an individual injured in a motor-vehicle accident.

CV15-6026781
Sheedy, J.T.R.

Unites States District Court

Cosby v. Erfe

Inmate Alleged Prison Diet Violated Rights as Buddhist

To obtain an award of damages against supervisory prison officials, a civil-rights plaintiff must prove that prison supervisors were involved personally in the alleged constitutional deprivation.

3:15cv161
Squatrito, J.

Board of Mediation and Arbitration

Town of Oxford and AFSCME, Council 15, Local 2693

Arbitrators Unanimously Reduced Suspension from 60 to 30 Days

A police officer who allegedly used inappropriate force and foul language could be suspended.

2014-A-0482
Weiner, Levery and Shea

New Haven J.D., at New Haven

State v. Johnson

1st Impression on Partially Recorded Confession to Police

Connecticut law provided the presumption of inadmissibility, if a person who was accused of a Class B felony provided a police statement, unless a tape was made of the custodial interrogation and the tape was substantially accurate.

CR15-0281583
Blue, J.

United States Court of Appeals for the Second Circuit

Whitnum v. Town of Greenwich

Plaintiff Failed To Prove Judge Stefan Underhill Was Biased

Allegations that a district judge was biased because of his "unique family background" lacked substance and were unmerited.

15-2212cv

United States District Court

Davis v. Falcone

Inmate Alleged Lack of Dental Care for 8 Months Violated 8th Amendment

Allegations that plaintiff prisoner's mouth hurt so much that for eight months he woke up at night because of pain could be sufficient to state a claim for deliberate indifference to a serious medical need.

3:16cv1117
Meyer, J.

Fairfield J.D., at Bridgeport

Jimenez-Arias v. Seyal

Contractor Did Not Comply with Home Improvement Act

A home improvement contract was not valid or enforceable against an owner, unless the contract was signed by the owner and the home improvement contractor, pursuant to Connecticut General Statutes §20-429.

CV15-5031015
Rush, J.T.R.

Stamford/Norwalk J.D., at Stamford

Hoskinson v. Hoskinson

Wife of Colbert Show Producer Not Entitled to Modification of Alimony

A party who proved a substantial change in circumstance could be entitled to a modification of alimony.

FA10-4019463
Colins, J.

Fairfield J.D., at Bridgeport

Pettway v. Thomas

Plaintiff Not Entitled to Non-Economic Damages for Motor-Vehicle Accident

A plaintiff who was injured in a motor-vehicle accident might not be entitled to non-economic damages, for pain and suffering.

CV14-6045405
Kamp, J.

Hartford J.D., at Hartford

State v. Sebben

Defendant Alleged Claims for Costs of Prison Violated Equal Protection

A criminal defendant's motion to dismiss could be used to address lack of jurisdiction over the subject matter, lack of jurisdiction over the person or insufficiency of process.

CV15-5039364
Epstein, J.

Connecticut Appellate Court

Warren v. Cuseo Family LLC

Estate Executor Sought to Wind up Decedent's Company

Estate executors can be expected to gather the personal property of the decedent and to administer that property for the benefit of the beneficiaries.

AC 37239
Lavine, J.

Stamford/Norwalk J.D., at Stamford

Stephan v. Stephan

Husband Who Once Earned $500,000 per Year Requested Alimony

A court could find that a party with "significant vocational skills" and demonstrated earning capacity was not entitled to alimony.

FA15-6024498
Colin, J.

United States District Court

United States v. Stanley

Alleged Drug Consumption Did Not Make Confession Unknowing

A confession would not be voluntary, if obtained in circumstances that overbore the defendant's will.

3:16cr25
Underhill, J.

New Britain J.D., at New Britain

Second Taxing Dist. of the City of Norwalk v. Town of Wilton

Town Over Assessed $9.3 Million Reservoir Land at $22.9 Million

A court could consider the sales of comparable properties when it decided the fair market value of plaintiff's property.

CV13-6027067
Aronson, J.T.R.

Connecticut Appellate Court

State v. Tierinni

Defendant Waived Right to Object to Sidebar Conferences

Waiver constituted the voluntary relinquishment, express or implied, of a legal right.

AC 36903
DiPentima, J.

Connecticut Appellate Court

Porto v. Petco Animal Supplies Stores

Mode-of-Operation Rule Did Not Apply to Puddle in Pet Store

The "mode-of-operation" rule that provided an exception to traditional notice requirements did not apply to a puddle in a pet store that allowed pets to accompany pet owners to the store.

AC 37516
Gruendel, J.

Connecticut Appellate Court

Lawrence v. Cords

Husband Protested Renewed Order to Pay Wife $246,000

Although the trial court was not permitted to modify the division of property, after the dissolution became final, it was allowed to fashion an appropriate remedy to effectuate the judgment.

AC 37323
Prescott, J.

Board of Labor Relations

In the Matter of: Council 4, AFSCME, AFL-CIO and City of New Haven

Deputy Corporation Counsel to Remain in Bargaining Unit

A statutory supervisor could be excluded from a bargaining unit of nonsupervisory workers.

4897
Battey and Collins

Hartford J.D., at Hartford

Narvaez v. La Fonda Bar-Rest.

Alleged Assailants Were Not Identified in Dram Shop Act Suit

A complaint that indicated the date, time and location of the alleged sale of alcohol met the requirements of the Dram Shop Act.

CV15-6063785
Noble, J.

Connecticut Supreme Court

Izzarelli v. R.J. Reynolds Tobacco

Modified Consumer Expectation Test Applied in Tobacco Suit

The "modified consumer expectation" test constituted the default test for product-liability design-defect claims.

SC 19232
McDonald, J.

New Haven J.D., at New Haven

MDB Beauty v. Serio

Plaintiff who Alleged Breach of Contract Won $2,500 Attorney Fee

A plaintiff who filed a suit in small claims court could be entitled to attorney fees, if defendant transferred the case to the regular docket.

CV15-5036331
Zoarski, J.T.R.

New Haven J.D., at New Haven

Brown v. Shehadeh

Plaintiff Was 25 Percent Contributorily Negligent for Fall

A court reduced damages for a fall 25 percent as a result of plaintiff's contributory negligence.

CV13-6040966
Agati, J.

Waterbury J.D., at Waterbury

Hofler v. Petersen

Pro Se Plaintiff Did Not Obtain Adequate Written Medical Opinion

A pro se medical-malpractice plaintiff was not excused from the requirement that she obtain a written medical opinion from a similar healthcare provider, and a letter that did not indicate the author's area of expertise or provide an opinion related to plaintiff's medmal claim was not adequate.

CV15-5017373
Brazzel-Massaro, J.

United States District Court

Beyer v. Anchor Insulation

Plaintiffs Missed Deadline for Addition to Expert Report

The proper ground to add to a medical expert's report was if the expert subsequently discovered information that previously was unknown or not available.

3:13cv1576
Margolis, J.

Freedom of Information Commission

Bielik v. Cullen

Board Convened in Executive Session to Discuss Selling Elementary School

Connecticut General Statutes §1-200(6) permitted a board to convene in executive session to discuss the sale of real estate, if discussion in an open session might adversely affect the price.

FIC 2015-772
Freedom of Information Commission

Tolland J.D., at Somers

Darazs v. Warden

Inmate Allegedly Refused Command During 'Code Blue' Alert

To meet due-process requirements in the inmate discipline context, prison officials need only engage in an informal, nonadversary review of an inmate's disciplinary report.

CV14-4006252
Sferrazza, J.

Fairfield J.D., at Bridgeport

Bochicchio v. Lloyd's Taxi of Darien

New Owner of Norwalk Yellow Cab Requested Indemnity from Prior Owner

A previous owner might not be responsible for claims that the new owner manipulated the company to deplete it of resources.

CV15-6048126
Wenzel, J.

Stamford/Norwalk J.D., at Stamford

Grant v. Drew

Child Won $18,000 Prejudgment Remedy Against Former Executor

Allegations that defendant executor of plaintiff's mother's estate evicted plaintiff from her mother's former home—when the eviction was not a required component of the estate administration and the estate was not insolvent—were sufficient to allege a claim for breach of fiduciary duty.

CV14-6023952
Genuario, J.

Unites States District Court

Barcomb v. Kraeger

Homeless Woman Alleged Excessive Use of Force by Cops

When the underlying crime was indisputably slight, reasonable jurors could find that a homeless woman neither posed an immediate threat to police officers nor actively resisted or attempted to evade arrest.

3:14cv1159
Arterton, J.

Connecticut Appellate Court

Sys. Pros v. Kasica

President Failed to Substantiate Claim for $467,785 for Loss of Wages

The trial court wrongly awarded $467,785 for loss of wages after defendant vice president allegedly locked out plaintiff president.

AC 37105
Gruendel, J

New Britain J.D., at New Britain

State v. Labarge

65 Years for Brutal Murder with Baseball Bat and Knife Affirmed

An individual could be sentenced to decades in prison for murder and tampering with evidence.

CR09-43032
Fischer, J., Alexander, J., and Ginocchio, J.

New Britain J.D., at New Britain

Tyrol-Bagcal v. Conn. Dep't of Dev. Serv.

Nurse Denied Neglecting Patient Injured by Hot Coffee

Allowing an individual found by the commissioner of the Department of Developmental Services to have committed abuse or neglect to keep her name off the abuse-and- neglect registry until the appeal was decided was against the public's interest.

CV16-0632261
Abrams, J.

Hartford J.D., at Hartford

Giuliano v. Porsche Cars N. Am.

Plaintiff Failed to Prove that 2014 Porsche Cayenne Engine Malfunctioned

A court could vacate an arbitration award, pursuant to Connecticut General Statutes §42-181(c)(4), if plaintiff proved that the arbitrator exceeded his powers or so imperfectly executed them that a mutual, final and definite award was not made.

CV16-6065009
Dubay, J.

Freedom of Information Commission

Dumas v. Harkins

Municipal Defendant Did Not Comply with Promptness Requirement

Connecticut General Statutes §1-212(a) provided that any "person applying in writing shall receive promptly upon request, a plain, facsimile, electronic or certified copy of any public record."

FIC 2015-599
Freedom of Information Commission

Board of Labor Relations

In the Matter of: City of New Haven and Elm City Local, Conn. Alliance of City Police

Union Protested Appointment of African-American Firefighter

Conditions for promotion to a position that was not within the collective bargaining unit were not a mandatory subject of collective bargaining between the union and the municipality.

4893
Battey, Low and Bird

Hartford J.D., at Hartford

OneBeacon Am. Ins. v. Hanover Ins.

Unambiguous 'Act of Malice' Exclusion Barred Insurance Coverage

An "act of malice" exclusion was clear and ambiguous, even though the exclusion appeared in an endorsement to the insurance policy.

CV15-6057541
Noble, J.

New Britain J.D., at New Britain

Lanier v. City of Stamford; Madan v. City of Stamford; Rath v. City of Stamford; Uva v. City of Stamford

Appraiser Did Not Consider Storms, Floods and Insurance

A municipal appraiser could be required to consider storms, floods and costs of insurance when calculating the fair market value of property.

CV14-6026505; CV14-6026506; CV14-6026507; CV14-6026508
Aronson, J.T.R.

Compensation Review Board

Singh v. CVS

Diabetic Worker Injured Great Toe when He Unloaded Delivery Truck

A workers' compensation claimant possessed the burden to prove total disability as a result of a work-related injury.

6038 CRB 7-15-10
Mastropietro, with Walker and Salerno

Statewide Grievance Committee

Hankerson v. Vickery

Convicted Felon Alleged Appellate Attorney Did Not Keep Him Informed

An attorney who was not diligent and did not communicate adequately could violate Rules 1.3 and 1.4 of the Rules of Professional Conduct.

15-0517
Goulden and Slossberg

United States District Court

Poitras v. ConnectiCare

Employer Discharged Worker who Posted Pictures of Herself Dancing

To prevail on an FMLA retaliation claim, plaintiff was required to prove: (1) she exercised rights protected under the FMLA; (2) she was qualified; and (3) she suffered an adverse employment action under circumstances that led to an inference of retaliatory intent.

3:14cv981
Bolden, J.

United States District Court

Bruce Kirby Inc. v. LaserPerformance

Designer of Racing Sailboat Sold its Contractual and IP Rights

A condition precedent must appear in the contract itself, as opposed to in a writing between one of the parties and a third party.

3:13cv297
Meyer, J.

Fairfield J.D., at Bridgeport

Jolen Inc. v. Brodie & Stone

Manufacturer Alleged Distributor Engaged in Deceptive Practices

Allegations that the parties' business relationship had lasted decades, that defendants misrepresented warehousing and shipping costs, and that defendants' misrepresentations were material, were sufficient to allege defendants violated the Connecticut Unfair Trade Practices Act.

CV15-6053151
Kamp, J.

United States Court of Appeals for the Second Circuit

Elliott v. City of Hartford

Mom Did Not Prove Chief of Police Knew about Threats

To prevail on a Monell claim, plaintiff was required to prove personal involvement of individual, supervisory defendants.

14-3633-cv
Per Curiam

Hartford J.D., at Hartford

Levin v. State of Conn.

Mother's Estate Lacked Valid MedMal Claim Against State of Conn.

A nonpatient third party lacked a cause of action against the State of Connecticut for medical malpractice.

CV15-6063223
Elgo, J.

United States District Court

Cadena v. A-E Contracting

Defendant in FLSA Case Ordered to Pay Reasonable Attorney Fees

A court could order the payment of reasonable attorney fees as a sanction against a defendant who was in contempt of court.

3:08cv574
FitzSimmons, J.

State Elections Enforcement Commission

Complaint by: Hatch

Board of Finance Candidate Served as Own Campaign Treasurer

Connecticut General Statutes §9-606(d) barred an individual from serving as his own campaign treasurer when running for election to public office.

2015-152
Castagno, Chair

United States District Court

Walsh v. Colvin

Benefits Denied to Plaintiff with Dependent Personality Disorder

The symptoms described in doctor's diagnoses were consistent with the severity of symptoms that plaintiff described, and the court remanded to ensure that the administrative law judge received the entire medical record.

3:14cv687
Meyer, J.

United States District Court

Grenier v. Stamford Hosp.

Court Recognized Federal Peer Review Privilege in EMTALA Case

The medical peer review privilege should apply in an EMTALA, or Emergency Medical Treatment and Active Labor Act, case.

3:14cv970
Bryant, J.

Statewide Grievance Committee

New London J.D. Grievance Panel v. Leary

New London Attorney Admitted Contacting Prospective Clients

An attorney who allegedly contacted prospective clients could violate Rule 7.3 of the Rules of Professional Conduct.

15-0695
Riccio, Gill and Sullivan

Fairfield J.D., at Bridgeport

Martin v. Travelers Indem. Co.

$205,448 Awarded to Plaintiff Rear-Ended by Distracted Driver

A court awarded economic damages for medical expenses and lost wages as well as non-economic damages, for pain and suffering, to an individual who was rear-ended by a driver who allegedly drove while distracted.

CV14-6044287
Kamp, J.

Department of Energy and Environmental Protection

In the Matter of 7 Nylked Terrace

Adjacent Property Owners Sought to Construct Shared Dock

Granting the request of homeowners to build a shared dock was expected to provide the homeowners reasonable access to water with minimal effects on coastal resources, wildlife, navigation, sedimentation and erosion.

201410359
Deshais

Connecticut Supreme Court

State v. Anthony

Request to Withdraw Guilty Plea Before Sentencing Denied

Case law required that defendant show a plausible reason to withdraw a guilty plea, and the trial court did not abuse its discretion when it denied defendant's motion to withdraw, without additional inquiry, when defendant expressed concerns about his legal representation.

SC 19382
Eveleigh, J.

New Haven J.D., at New Haven

Casillo v. Gomez

Plaintiff Alleged He Was Falsely Accused of Fraud

Although plaintiff maintained that his complaint alleging that he was falsely accused of fraud stated a cause of action for emotional distress, his complaint actually sounded in malicious prosecution.

CV12-6030191
Blue, J.

Freedom of Information Commission

Congdon-Marr v. Lyons

Executive Session Held to Discuss Teacher Reassignments

A meeting in executive discussion to discuss the general reassignment of employees, or the policy of reassignment of employees, could violate the Freedom of Information Act.

FIC 2015-467
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

United States v. Jackson

Defendant Protested Lack of Competency Hearing

A failure to conduct a full competency hearing did not provide grounds for reversal, if defendant appeared competent at a court hearing.

15-195-cr

Middlesex J.D., at Middletown

Keyes v. LaFlamme

Driver Adequately Alleged Contributory Recklessness

Contributory recklessness could constitute a special defense to allegations of negligence.

CV15-6014594
Aurigemma, J.

Waterbury J.D., at Waterbury

Olsen v. Olsen

Request to Incarcerate Ex-Husband, who Was in Contempt of Court, Denied

An individual who was found in contempt of court could be fined or imprisoned.

FA15-5017178
Nastri, J.

United States District Court

Khedr v. IHOP Rest.

Muslim Wearing a Hijab Alleged Denial of Service

To prevail on a claim of racial discrimination in a place of public accommodation, in violation of 42 United States Code §2000a, plaintiffs were required to allege discriminatory motive.

3:16cv105
Meyer, J.

United States District Court

Ucar v. Conn. Dep't of Transp.

Muslim Worker Failed to Allege Hostile-Work Environment

To prevail on hostile-work environment, a plaintiff must prove that discriminatory intimidation, ridicule and insult permeated his workplace and was sufficiently severe to change the conditions of his work environment.

3:14cv765
Hall, J.

Connecticut Supreme Court

Raymond's Auto Repair v. Comm'r of Motor Vehicles

Towing Company Overcharged Consumer for Use of 1140 Rotator Truck

Services of a towing company prior to the actual towing were integral to the towing and properly were included in the amount charged to a customer for towing.

SC 19454
Zarella, J.

New Britain J.D., at New Britain

Companions and Homemakers v. Adm'r, Unemployment Comp. Act

Employer Discharged Worker Who E-Mailed Memo to Herself

To prove that an individual was discharged for a knowing violation of a company rule or policy, the employer must prove it uniformly enforced the rule, so that similarly situated workers were treated in a similar manner.

CV15-5016994
Tanzer, J.T.R.

United States District Court

Morales v. Weiss

Undocumented Alien Immigrant from Guatemala Sued Cops and Prosecutors

A prosecutor who engaged in administrative duties that were directly connected to the conduct of a trial was entitled to absolute immunity.

3:11cv1204
Eginton, J.

United States Court of Appeals for the Second Circuit

Simmonds v. Lynch

Jamaican Convicted of Second-Degree Murder Ordered Deported

Section 602(d) of the Immigration Act of 1990 provided that removal for an aggravated felony based on a pre-1988 conviction was allowed.

14-4472

Hartford J.D., at Hartford

Mauldin v. Leblanc

Plaintiff Was in Many Prior Motor-Vehicle Accidents

The jury reasonably could have concluded that because plaintiff was involved in many prior accident—one of which took place the previous month—defendant was not responsible for plaintiff's injuries.

CV13-6046701
Huddleston, J.

United States District Court

Drimal v. Makol

Agents who Conducted Wire Tap Not Entitled to Qualified Immunity

Connecticut General Statutes §52-570d provided a safe harbor to law enforcement agents acting in the course of their duties.

3:12cv717
Eginton, J.

United States District Court

Miller v. Sutton

Suit Against Disciplinary Counsel Dismissed Pursuant to Younger

A court abstained from making a decision on an African-American attorney's claims that Connecticut's chief disciplinary counsel, Karyl Carrasquilla, and bar counsel for the Statewide Grievance Committee, Michael Bowler, violated her rights under the Equal Protection Clause and the Due Process Clause.

3:15cv1111
Shea, J.

United States District Court

In re Aggrenox Antitrust Litig.

Expansive Discovery Denied in Multidistrict 'Reverse Payment' Case

Expansive discovery of data relating to various other drugs as potential substitutes was not relevant in an antitrust case, because the only relevant market was the market of the particular drug and its generic equivalents.

3:14md2516
Underhill, J.

Connecticut Supreme Court

Modzelewski's Towing and Recovery v. Comm'r of Motor Vehicles

Federal Law Did Not Pre-Empt State Regulation of Pre-Towing Fees

State law regulating the fees charged for pre-towing were not pre-empted by federal law in 49 United States Code §14501(c)(1).

SC 19453
Zarella, J.

United States Court of Appeals for the Second Circuit

United States v. Mazza

Defendant Requested Sentence Reduction from 168 to 108 Months

Conduct after sentencing could provide grounds to deny a sentence reduction. Because the record was insufficient for the Second Circuit to engage in meaningful appellate review, the court vacated and remanded for additional fact finding on defendant's prison infractions.

15-2394

New Haven J.D., at New Haven

Rajeh v. Hamden Bd. of Educ.

Eighth-Grade Student Alleged Distress from Bullies at School

The Connecticut Constitution provided that minor children were entitled to a free and public education.

CV14-6049904
Fischer, J.

Unites States District Court

Mirto v. Aetna Life Ins. Co.

Nurse Who Injured Knee and Back Sought Disability Benefits

As a result of the treating surgeon's conclusion that plaintiff was disabled, the lack of peer-to-peer review, and reliance on an ambiguous third-party report of the treating doctor's medical opinion, defendant Aetna Life Insurance Company's conclusion that plaintiff was capable of working full time was not based on adequate evidence.

3:14cv1640
Eginton, J.

Waterbury J.D., at Waterbury

Wilson v. Wilson

Wife to Pay $150 per Week Toward Child's College Tuition

A court could keep jurisdiction after a divorce for purposes of future college educational support.

FA10-4021347
Nastri, J.

New Haven J.D., at New Haven

Berry v. Skyview Ctr.

Probate Court, Sua Sponte, Appointed Conservator of Person

In the absence of a pre-hearing notice, a probate court decree that appointed a conservator of the person violated Connecticut General Statutes §45a-649.

CV15-5035480 and CV15-5035132
Ecker, J.

United States Court of Appeals for the Second Circuit

Bak v. Metro-North R.R. Co.

Defense Used Peremptory Strike To Remove African-American Actor

When ruling on a Batson challenge, the district court was required to indicate whether the proffered reason for a peremptory strike was credible.

15-1963cv

United States District Court

Swinton v. Wright

Inmate Alleged Deliberate Indifference to Medical Need

Food allergies could constitute a serious medical need, if they prevented an inmate from receipt of a nutritionally adequate diet.

3:16cv659
Underhill, J.

Freedom of Information Commission

Karagozian v. Bd. of Exam'r for Opticians

Citizen Not Entitled to Copy of Tape that Chair Recorded on Own Recorder

If the chair of a public agency used his own tape recorder to tape a meeting, a member of the public might not be entitled to a copy of the tape.

FIC 2015-743
Freedom of Information Commission

Freedom of Information Commission

Tarone v. Dir., Office of Student Fin. Aid Serv.

UConn Promptly Responded to Request within 48 Days

Respondents who provided "public records" about athletic scholarships at the University of Connecticut within 48 days of complainant's request provided the records "promptly."

2015-319
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Morales v. United States

Petitioner Was Not Present When Judge Made Sentencing Offer

Counsel's failure to raise petitioner's Fifth Amendment right to be present at all critical stages of his criminal proceedings constituted ineffective assistance.

15-243-cv

Compensation Review Board

Clements v. Aramark Corp.

Aramark Worker Did Not Prove that Employment Caused Fainting

Allegations that the act of exiting her motor vehicle at work made claimant dizzy and caused an episode of cardiogenic syncope with a concussive head injury were insufficient to prove that the injury arose out of employment.

6034 CRB 2-15-10
Mastropietro, with Salerno and Morelli

United States District Court

Murray v. Miron

Plaintiff Who Did Not Provide Damages Computation to Pay $525

A plaintiff who failed to provide a damages analysis that complied with Fed. R. Civ. P. 26(a)(1) could be ordered to pay attorney fees.

3:11cv629
Margolis, J.

United States District Court

Chhum v. Anstett

'Agricultural' Exception Barred Farm Worker's FLSA Allegations

An employee who worked at a small farm was exempt from the overtime requirements in the Fair Labor Standards Act, pursuant to the agricultural exemption.

3:15cv900
Meyer, J.

Connecticut Appellate Court

Meeker v. Mahon

Lease Guarantors Not Responsible for Damages After Lease Ended

Co-signers, who agreed to joint legal responsibility for the lease and lease payments, were not responsible for damages that allegedly took place after the lease ended, and the tenants remained on the premises pursuant to a month-to-month tenancy.

AC 37841
Bear, J.

Waterbury J.D., at Waterbury

Horzepa v. City of Waterbury

Plaintiff Alleged Defendants Broke Sewer Main, Caused Backup

Absent any claim that members of the general public were affected by the alleged sewage backup, plaintiff did not allege a common injury, and the court granted defendants' motion to strike plaintiff's public nuisance count.

CV15-6027853
Taylor, J.

Windham J.D., at Putnam

Jurgelewicz v. Macy

Estate Awarded $5.6 Million for Sexual Assaults at Group Home

Plaintiff estate was entitled to damages, because defendant, a worker at a group home for disabled adults, allegedly admitted that he sexually assaulted plaintiff's ward for eight years.

CV13-6007652
Calmar, J.

Connecticut Supreme Court

Pikula v. Dep't of Soc. Serv.

Applicant's Father Intended to Create Supplemental Needs Trust

Only assets actually available can be considered when ruling on eligibility for Medicaid.

SC 19533
Eveleigh, J.

Board of Mediation and Arbitration

Town of W. Hartford and CSEA/SEIU

Municipality Expected Employees to Work During Temporary Travel Ban

A past practice existed concerning the requirement that municipal workers use a personal leave or vacation day, if employees decided not to work during a storm, if the past practice was unequivocal, clearly enunciated and ascertainable over a reasonable period of time.

2016-A-0013
Ryan, Neary and Murphy

Commission on Human Rights and Opportunities

Comm'n on Human Rights and Opportunities ex rel. Weinz v. Bill Selig Jewelers

Diabetic Jeweler Did Not Prove Employer of 17 Years Discriminated

Stray remarks of a decision maker, without more, may be insufficient to prove employment discrimination.

1110081
Wright, Presiding Human Rights Referee

United States District Court

Westport Resources Mgmt. v. DeLaura

Former COO Allegedly Violated Noncompete Agreement

A court could issue a temporary restraining order, to prevent a former worker from soliciting clients from his former employer, in violation of noncompete and nondisclosure agreements.

3:16cv873
Bolden, J.

Connecticut Appellate Court

In re Natalie

Mom Wanted to Reunify with Child After Father Gained Custody

The trial court's decision to award custody and guardianship to the biological father led to the cessation of efforts to reunify respondent mother and the minor child.

AC 38655
Bear, J.

United States Court of Appeals for the Second Circuit

United States v. Memoli

Defendant Disputed Admissibility of Pre-Arrest Statement to FBI

When ruling on admissibility, a court may consider whether: (1) the evidence was offered for a proper purpose; (2) it was relevant to a material issue in dispute; (3) its prejudicial effect was greater than the probative value; and (4) the trial court provided an appropriate, limiting instruction, if requested.

15-1657-cr

New Britain J.D., at New Britain

Badeau v. Comm'r of Motor Vehicles

Driver who Failed Sobriety Tests Appealed License Suspension

A hearing officer could suspend the driver's license of an individual who allegedly drove while intoxicated and require the individual to maintain an ignition interlock device.

CV16-6031885
Schuman, J.

Statewide Grievance Committee

Dore v. Giacomi

Waterbury Attorney to Take Legal Education Course on Legal Ethics

An attorney who was not diligent could violate Rule 1.3 of the Rules of Professional Conduct.

15-0383
Riccio and Gill

United States District Court

Karazogian v. Sam's East

Job Applicant Did Not Prove Discriminatory Failure to Hire

Plaintiff did not provide evidence that defendant's nondiscriminatory business rationale constituted a pretext for discrimination on the basis of national origin, age or gender.

3:14cv1952
Eginton, J.

New Britain J.D., at New Britain

Cyr v. Weber

Defense Expert Opined Injured Plaintiff's Story Was Inaccurate

An expert witness must possess special knowledge, or skills not common to the average individual, that would be helpful to the finder of fact.

CV14-6023538
Wiese, J.

Middlesex J.D., at Middletown

Trommer v. City of Middletown

Motorcyclist Alleged Cop Did Not Properly Investigate Accident

Connecticut General Statutes §14-108a(a)(2), which requires a report to the commissioner of the Department of Transportation, did not create a private cause of action, in the event that a police officer did not properly investigate an accident.

CV15-6014574
Aurigemma, J.

United States District Court

Coover v. Chapdelaine

Wardens Ordered to Create 'Separation Profile' for Inmate

A prisoner who allegedly was viciously attacked could request a "separation profile," to keep him separate from the known family and associates of his alleged victim.

3:16cv13
Bryant, J.

New Haven J.D., at New Haven

Tribus v. Tribus

Italian Dad Won Permission to Travel with Child To Italy

A court could order the parties not to remove a minor child from the State of Connecticut without a court order.

FA16-6062219
Shluger, J.

New Haven J.D., at New Haven

Owens-Emenyonu v. Emenyonu

Wife of Nigerian Immigrant Awarded $100 Per Week

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

FA15-5035758
Shluger, J.

Unites States Bankruptcy Court

Law Office of W. Martyn Philpot v. Day

Law Firm Claimed Divorce Client Never Intended to Pay

Defendant debtor's payment of an initial retainer and two subsequent checks to his law firm indicated that he intended to pay for legal services.

14-03031
Manning, J.

Hartford J.D., at Hartford

Brown & Welsh v. Guest

Brown & Welsh Won $24,028 for Foreclosure and Interpleader Actions

In an interpleader action filed by the former law firm of Brown & Welsh, a court relied on equitable principles to consider claims of $141,799 that various individuals and entities made and to distribute $55,223 in funds.

CV15-6059224
Peck, J.T.R.

Connecticut Appellate Court

H-K Properties v. Town of Mansfield Planning and Zoning Comm'n

Appeal of Zoning Decision on Mansfield Mall Was Not Timely

Plaintiff neighbor did not file an appeal of a zoning decision within 15 days of the date on which the local newspaper published notice of the planning and zoning commission's decision, and the extended one-year appeal period in Connecticut General Statutes §8-8(r) did not apply.

AC 37069
Prescott, J.

Connecticut Appellate Court

Brochard v. Brochard

Former Wife Requested Written Authority to Modify Mortgage

A trial court could find a party in contempt of court, if the party did not comply with a clear and unambiguous order to provide written authorization to the other party to negotiate and modify the mortgage.

AC 37435
West, J.

Litchfield J.D., at Litchfield

Fulvi v. Pelletier

$11,914 Awarded to Buyer Who Proved Sellers Breached Contract

Plaintiff proved that defendant sellers breached a contract when they allegedly took cabinets that were included in the sale and negligently misrepresented the condition of the central air conditioning.

CV14-6009905
Shah, J.

Fairfield J.D., at Bridgeport

Soto v. Bushmaster Firearms Int'l

1st Impression on Gun Manufacturers' Immunity Claim

The federal Protection of Lawful Commerce in Arms Act, which generally barred suits against gun manufacturers, appeared to provide an exception for "an action brought against a seller for negligent entrustment or negligence per se."

CV15-6048103
Bellis, J.

Connecticut Supreme Court

Costello v. Goldstein and Peck

Court Did Not Offer Plaintiffs an Opportunity to File a Bond

A trial court abused its discretion, because it did not permit plaintiffs to file a bond, prior to dismissing a complaint based on a defective writ of summons.

SC 19475
McDonald, J.

Stamford/Norwalk J.D., at Stamford

Schwoerer v. Schwoerer

Husband Lost NY Times Job that Paid $293,000 Per Year

A husband proved that a substantial change in circumstances took place when he lost his job and received unemployment compensation.

FA14-4026916
Jacobs, J.

United States District Court

Cope v. Wal-Mart

African-American Wal-Mart Worker who Detained Suspect Was Fired

A worker who alleged that he was discharged in violation of public policy was required to establish a causal connection between the public policy concern and the discharge.

3:15cv1523
Haight, J.

United States Court of Appeals for the Second Circuit

Hossen v. Lynch

Testimony about Being Knocked Unconscious Was Inconsistent

An immigration judge can find that a petitioner was not credible, as a result of inconsistencies between his written claims and testimony.

15-780

Hartford J.D., at Hartford

Pryor v. Brignole

Law Firm Alleged Statements Were True and Constituted Opinion

Allegations that statements to a client were true, that they constituted opinion and that they did not impugn the plaintiff's general competence or integrity as an attorney constituted viable special defenses in a lawsuit alleging that a name partner slandered an attorney who left the firm.

CV15-6059311
Huddleston, J.

New Haven J.D., at Meriden

Smith v. Smith

Wife Allegedly Lost $183,836 Gambling at Casino

A court can find one party at greater fault for the breakdown of the marital relationship, as a result of that party's alleged extramarital affairs and gambling.

FA14-4020225
McNamara, J.

Statewide Grievance Committee

Cianciolo v. Puzzio

Allegedly Attorney Did Not Inform Dr. About Settlement

An attorney who allegedly sent a letter of protection to a medical provider, and did not inform the medical provider about the receipt of settlement funds, can be presented to Connecticut Superior Court for discipline.

15-0299
Shugarts, Allen and Molinaro

State Elections Enforcement Commission

Complaint by: Pivirotto

Issue of Apparent 1st Impression on Order of Candidates on Ballot

Connecticut General Statutes §9-437(d) provided that the slate of candidates who filed a petition first could appear first on the ballot.

2016-006
Castagno, Chair

Hartford J.D., at Hartford

Oyola v. Piolin

Passenger of Drunk Driver Won $140,041 in Dram Shop Case

A court rejected defendants' claims that the jury should have been instructed about the defense of assumption of the risk in a Dram Shop Act case.

CV13-6040777
Noble, J.

Connecticut Supreme Court

State v. King

Assault with Steak Knife Was Both Intentional and Reckless

The jury reasonably could have found that defendant was guilty of both reckless assault and intentional assault.

SC 19339
Espinosa, J.

Waterbury J.D., at Waterbury

Odenwaelder v. Fingold

Plaintiff Won $72,317 PJR Against Friend He Helped

To prevail on unjust enrichment, plaintiff was required to prove: (1) defendant was benefitted; (2) defendant unjustly did not pay plaintiff for the benefit; and (3) defendant's failure to pay adversely affected plaintiff.

CV16-5017696
Brazzel-Massaro, J.

United States Court of Appeals for the Second Circuit

Int'l Info. Sys. Sec. Certification Consortium v. Sec. University

'Nominative Fair Use' Test Was Not an Affirmative Defense

The pertinent question in a trademark case was whether a likelihood existed that ordinarily prudent purchasers were likely to be misled about the source of the goods or confused about plaintiff's sponsorship of the junior mark.

14-3456-cv

Connecticut Appellate Court

Mettler v. Mettler

Order to Pay for Child's Activities Was Ambiguous

A court could find a party in willful contempt of court, if the party willfully violated a clear and unambiguous court order.

AC 37844
Lavine, J.

United States Court of Appeals for the Second Circuit

Commercial Union Ins. Co. v. Lord

Appeal Did Not Adequately Allege Fraud upon the Court

A motion to vacate for fraud upon the court was not subject to Fed. R. Civ. P. 60's one-year limitation.

15-769cv, 15-913-cv

Windham J.D., at Putnam

Corbin v. HSBC Bank USA

Plaintiffs Alleged Neighbor Negligently Kept Decaying Tree

A possessor of land was not legally responsible for physical harm that allegedly was caused to others outside of the possessor's land by a natural condition of the land.

CV15-6009704
Calmar, J.

New Haven J.D., at New Haven

State v. Russell

50 Years for Sexual Assault of 4-Year-Old Child Affirmed

An individual who allegedly sexually assaulted a young child could be sentenced to 50 years in prison.

CR8-83588 and CR8-87222
Fischer, J., Alexander, J., and Ginocchio, J.

Waterbury J.D., at Waterbury

Strakosch v. Strakosch

Husband Found in Contempt for Failure to Co-Sign College Loan

A party who willfully disobeyed a clear and unambiguous court order could be found in contempt of court.

FA11-4025200
Nastri, J.

Hartford J.D., at Hartford

Marques v. Rudder

$60,208 Awarded to Plaintiffs in Minor Collision

A court awarded economic damages for reasonable medical expenses and non-economic damages, for pain and suffering, to plaintiffs in a minor motor-vehicle collision.

CV14-6049582
Huddleston, J.

Board of Mediation and Arbitration

Hartford Housing Auth. and AFSCME, Council 4, Local 1161

Worker Who Arrived Early Received One Hour of Overtime Pay

A collective bargaining contract could provide that a worker who arrived early, prior to his regular work shift, was entitled to overtime pay.

2016-A-0033
Celentano, Esq.

United States Court of Appeals for the Second Circuit

Dervishi v. Stamford Bd. of Educ.

Board of Ed Provided Free and Appropriate Public Education

The Individuals with Disabilities Education Act required that the government provide a free and appropriate public education to disabled children.

15-2798

United States District Court

Marzullo v. Onofrio

Driver Who Experienced Grand Mal Seizure Did Not Allege Monell Claim

Supervisory or municipal liability under 42 United States Code §1983 cannot be based on a theory of respondeat superior.

3:14cv46
Squatrito, J.

Connecticut Appellate Court

Ridgaway v. Mount Vernon Fire Ins.

Sanction for Failure to Follow Court Order Was Disproportionate

When considering sanctions, because a party did not comply with a court order, (1) the order to be complied with must be reasonably clear; (2) the record must establish the order was in fact violated; and (3) the sanction must be proportional to the violation.

AC 37511
Sheldon, J.

United States Court of Appeals for the Second Circuit

Harris-Clemons v. Charly Trademarks Ltd.

'Alias' Moved to Intervene in IP Suit over 'Nearer to You' Music

An intervenor presented sufficient evidence to merit the opportunity to establish that the intervenor was an independent and separate legal entity from defendant.

15-1016-cv

Connecticut Appellate Court

Magana v. Wells Fargo Bank

Attorney's Representations Did Not Constitute Evidence

The trial court wrongly relied on the unsupported representations of bank defendants' attorney that plaintiff failed to comply with a discovery request.

AC 37792
Per Curiam

New Britain J.D., at New Britain

Colonial Health & Rehab Ctr. of Plainfield v. Dep't of Pub. Health

1st Impression on Alleged Violations at Nursing Facility

Absent evidence that the underlying incidents presented a probability of death or serious harm, a hearing officer for the Department of Public Health abused her discretion when classifying the alleged violations at a nursing facility as class B violations.

CV15-6028374
Moll, J.

Freedom of Information Commission

Shahid v. Comm'r, State of Conn., Dep't of Correction

Inmate Allegedly Talked Over FOIC Hearing Officer at Hearing

Because a complainant talked over the hearing officer at a Freedom of Information Commission hearing, and refused to comply with the hearing officer's directions about the conduct of the hearing, the commission dismissed the complaint.

2015-310
Freedom of Information Commission

Stamford/Norwalk J.D., at Stamford

Pritsker v. Keating

Police Possessed Probable Cause to Arrest Weston Attorney

Probable cause to arrest could provide defendants a complete defense to an arrestee's emotional-distress claim.

CV14-5014277
Lee, J.

Fairfield J.D., at Bridgeport

Kim v. Velez

Rear-Ended Plaintiff Did Not Prove Defendant Caused Accident

The fact that a collision took place did not create a rebuttable presumption of negligence and causation.

CV15-6049618
Kamp, J.

Hartford J.D., at Hartford (Juvenile Matters)

In re Charles

Guardian's Request for Juvenile's HIV/AIDs Test Denied

A juvenile court only possessed authority to order an HIV/AIDs test in the event that certain types of sexual abuse allegedly took place.

JV16-1030001
Gilligan, J.T.R.

United States District Court

Parks v. Blanchette

DOC Requested Costs to Defend Inmate's Civil-Rights Suit

A district court denied a defense motion to recoup litigation costs, because the losing party possessed limited financial resources and the case involved difficult questions or an issue of public importance.

3:09cv604
Bolden, J.

Board of Mediation and Arbitration

MDC and AFSCME, Council 4, Local 184

Employer Added Two Hourly Workers to 'On Call' Rotation

A management rights clause in a collective bargaining contract could permit the employer to assign " on call" work to employees.

2016-A-0273
Podurgiel and Webber – Shea dissented

United States District Court

Coale v. Metro-North R.R. Co.

Metro-North Did Not Preserve Sample of Substance on Floor

At trial, the court could instruct the jury that if neither party proved by a preponderance of the evidence the nature of the substance on the floor at a Metro-North station, then the jury could infer that identification of the nature of the substance would be harmful to Metro-North.

3:08cv1307
Haight, J.

Connecticut Appellate Court

Hall v. Gulaid

Res Judicata Barred Claims by Plaintiff who Sued Wrong Defendant

Res judicata applied, if a final judgment on the merits by a court of competent jurisdiction barred a subsequent claim between the parties and their privies on claims that were actually made or that might have been made.

AC 37901
DiPentima, J.

New Haven J.D., at New Haven

Rondina v. Leonard

Absent Disclosures, Prenuptial Agreement Was Not Enforceable

Defendant husband possessed the obligation to fully disclose the amount, character and value of his property, financial obligations and income before the parties signed a prenuptial agreement.

FA16-6060569
Goodrow, J.

New London J.D., at New London

Town of Waterford v. Two Dogs

Former Owners Who Allegedly Neglected Rottweillers Fined $5,304

A court could fine the owners of pets that allegedly were neglected or cruelly treated.

CV16-6027068
Vacchelli, J.

Connecticut Supreme Court

The Neighborhood Assoc. v. Limberger

Unit Owner Did Not Receive Notice of Foreclosure Policy

A condo association's failure to follow notice and comment requirements when it adopted a standard foreclosure policy deprived the trial court of subject-matter jurisdiction.

SC 19509
McDonald, J.

United States District Court

Angione v. Sikorsky Aircraft

Long-Time Temporary Worker Did Not Prove Age Discrimination

An at-will, temporary worker who allegedly violated his employer's computer policy when he used a company computer to conduct personal business might not possess a viable cause of action for discharge on the basis of age discrimination.

3:14cv1049
Bryant, J.

Connecticut Supreme Court

Cefaratti v. Aranow

Apparent Agency Applied in Medical-Malpractice Case

A hospital could be vicariously liable for the medical-malpractice of a doctor who performed surgery at the hospital, regardless of whether the doctor was an employee.

SC 19443
Rogers, J.

State Elections Enforcement Commission

Complaint by: Feeley

Restaurant Charged Reduced Rate for Mayoral Fundraiser

Connecticut General Statutes §9-613 barred business entities from making contributions to candidate committees.

2015-116
Castagno, Chair

New Britain J.D., at New Britain

Godbout v. Freedom of Info. Comm'n

FOIC Protester Not Entitled to Hearing on 'Evil Agency' Complaint

A frequent protester, who allegedly characterized the Freedom of Information Commission as "an evil agency," was not entitled to an administrative hearing on his claim that the State Task Force on Victim Privacy conducted a secret meeting.

CV15-5017046
Schuman, J.

Litchfield J.D., at Litchfield

Johnson v. Johnson

Landlord Requested Additional Damages for Use and Occupancy

A court could enforce a stipulation that stated that "compliance with this stipulation will represent a full settlement of claims arising from the defendant's occupancy."

CV15-4015494
Pickard, J.

United States District Court

Grayson v. General Electric

Class Action Requested Info on Prior Customer Complaints

Information about consumer complaints and corporate procedures for collecting consumer information can be relevant in a class-action, product-liability suit.

3:13cv1799
Garfinkel, J.

State Elections Enforcement Commission

Complaint by: McCall

Clerk Named Candidates with 1st, 2nd and 4th Highest Votes to BOE

As a result of state laws governing minority representation on municipal boards and commission, a clerk correctly named the top two candidates with the most votes from one party to the board of education, as well as the candidate with the most votes from the other party. Complaint dismissed.

2015-166
Castagno, Chair

United States Court of Appeals for the Second Circuit

Roberts v. Bennaceur

Court Properly Issued $8 Million Sanction for Discovery Violations

The district court could issue a sanction pursuant to Rule 37(b) against a party that allegedly engaged in intentional misconduct.

15-2326

United States Court of Appeals for the Second Circuit

Cedillo v. Lynch

Petitioner Move to Open and To Obtain Voluntary Departure

The Board of Immigration Appeals was allowed to engage in fact finding when ruling on a motion to open.

13-331

Connecticut Appellate Court

Kayla v. Greene

First Impression on Civil Protection Orders for Stalking

An individual applying for a civil protection order on the basis of stalking was required to prove only that there were reasonable grounds to believe that a defendant stalked and would continue to stalk.

AC 37785 and 37786
Prescott, J.

Board of Mediation and Arbitration

Pepsi Beverages Co. and Teamsters, Local 145

Pepsi Discharged Worker who Provided Out-of-Date Product

A collective bargaining contract could require that a company use progressive discipline that consisted of oral warnings, written warnings and suspensions, prior to discharge.

2016-A-0269
Massa and Sullivan – Sevas dissented

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Allegedly Fire Chief Was Disruptive and Used Profanity

A municipality possessed just cause to suspend a worker who allegedly was disruptive and used profanity.

2012-A-0410
Cain, Ryan and Shea

Statewide Grievance Committee

Thornton v. Barry

Superior Court to Rule on Discipline for Suspended Lawyer

When more than one grievance complaint has been filed against an attorney, the various matters can be consolidated for a decision by the Connecticut Superior Court.

15-0673
Cousineau, Molinaro and Shugarts

Connecticut Appellate Court

Fisk v. Town of Redding

Design Contractor Did Not Create a Public Nuisance

Because a nuisance constituted a condition on the property, as opposed to the act that created it, a design contractor that lacked control of the property could not be found legally responsible for creating a nuisance.

AC 37537
Schaller, J.

Connecticut Appellate Court

Zilkha v. Zilkha

Vocational Expert Testified Earning Capacity Changed from $250k to $20k

To prevail on his motion to modify, a party was required to establish a substantial change in circumstances that was excusable and not brought about by his own fault.

AC 38006 and 38007
Bishop, J.

Hartford J.D., at Hartford

Amica Mut. Ins. v. Watts Water Tech.

Misuse-of-Product Special Defense Was Legally Insufficient

To state a legally sufficient special defense that plaintiff or its insured misused the product, defendants in a product-liability action were required to allege: (1) that the product was misused; (2) that the misuse was not foreseeable; and (3) that the misuse proximately caused plaintiff's injuries.

CV15-6062209
Scholl, J.

United States District Court

United States v. Lanier

Government Provided Sufficient Grounds for Wiretap

The government's application for authorization for a wiretap must include "a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous," pursuant to 18 United States Code 2518(1)(c).

3:15cr105
Underhill, J.

Connecticut Supreme Court

People for the Ethical Treatment of Animals v. Freedom of Info. Comm'n

Order to Disclose Names of Animal Researchers Reversed

Public records could be exempt from disclosure, if reasonable grounds existed to believe that disclosure would result in a safety risk.

SC 19593 and 19594
Palmer, J.

Compensation Review Board

Melendez v. Fresh Start Gen. Remodeling and Contracting

Part-Time, Temporary Worker Qualified as 'Employee'

The Workers' Compensation Act excluded from the definition of " employee" an individual "whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business."

6001 CRB-2-15-4
Mastropietro with Walker and Salerno

United States District Court

Allah v. Milling

Inmate Awarded $62,650 for Solitary Confinement

Plaintiff's placement in administrative segregation as a pretrial detainee violated the Due Process Clause of the 14th Amendment.

3:11cv668
Garfinkel, J.

New Britain J.D., at New Britain

Costa v. Plainville Bd. of Educ.

High School Student Was Injured at Senior Class Picnic

Because a high school student's participation at a senior class picnic was voluntary, he did not qualify as an "identifiable" victim subject to imminent harm, for purposes of an exception to government immunity.

CV13-6021448
Shortall, J.T.R.

United States District Court

Atlantic Cas. Ins. v. Robinson

Victim Allegedly Was Kicked, Doused with Gas and Set on Fire

The assault-and-battery exclusion in a commercial general liability insurance policy could prevent coverage for a deliberate assault.

3:15cv1631
Meyer, J.

United States District Court

Darazs v. Dzurenda

Record Was Improperly Withheld in Excessive Force Case

Although privacy and security concerns set forth by defendants were greater than plaintiff's interest in disclosure, defendants wrongly withheld document number five, which contained information related to plaintiff's allegations of excessive use of force.

3:14cv1330
Merriam, J.

Connecticut Appellate Court

Despres v. Comm'r of Correction

Petitioner Claimed Habeas Judge Presided Over Pretrial

A habeas judge was not required to recuse himself, sua sponte, because he previously presided over petitioner's pretrial proceedings.

AC 37566
Alvord, J.

Board of Labor Relations

Town of E. Hartford and E. Hartford Police Officers

Town Discharged Cop Again After Arbitrators Ordered Reinstatement

A municipality did not comply with an arbitration award when it discharged a police officer for conduct that arbitrators previously had concluded did not merit discharge.

4907
Bird, Low and Collins

Hartford J.D., at Hartford

Sawczysyn v. Coyne

Novice Fell When Riding Horse that Had Just Arrived

Genuine issues of material fact concerning causation barred judgment on a complaint alleging that defendants provided a novice rider with a horse that had recently arrived at the stables and was unfamiliar with its new environment.

CV14-6050490
Scholl, J.

United States Court of Appeals for the Second Circuit

Steiner v. Lewmar

Parties Disputed Whether Offer of Judgment Included Attorney Fee

An offer to settle claims for breach of contract and trademark infringement included previously made claims for attorney fees.

14-3817cv

New Britain J.D., at New Britain

Perrotta v. Hartford Hosp. d/b/a Jefferson House

Hospital Sought to Recover $77,803 in Litigation Costs

To prevail on an indemnification claim against a construction company, a third-party plaintiff was required to prove the construction company was negligent, its active negligence was the direct cause of the accident and it was in exclusive control.

CV12-6016449
Wiese, J.

Board of Labor Relations

Town of N. Haven and United Pub. Serv. Emp.

Emergency Dispatchers Sought to Create their Own Bargaining Unit

Employees who could prove that "a community of interest" existed could be allowed to "carve out" their own bargaining unit to represent their interests.

4906
Low, Battey and Collins

Connecticut Appellate Court

State v. Gilligan

Trial Court Wrongly Admitted Toxicology Expert's Testimony

Although an expert's testimony about the ratio of cocaine to metabolite should have been excluded, the evidence was cumulative of other evidence and admission of the expert's testimony constituted harmless error.

AC 37031
Beach, J.

Board of Mediation and Arbitration

Town of Plymouth and AFSCME, Council 4, Local 1303-151

Plymouth Reduced Secretarial Jobs to Part-Time to Save Money

A collective bargaining contract could permit a municipality to reduce full-time jobs to part-time jobs, provided that the town subsequently negotiated with the union about benefits.

2016-A-0041
Culhane and Blum – Shay dissented

Middlesex J.D., at Middletown

Sweeney v. Jarzbek

$150,000 Prejudgment Remedy Awarded for Alleged Sex Assault

A court could award a prejudgment remedy for an alleged sexual assault, if plaintiff established probable cause that she would prevail on the merits at trial.

CV16-5008760
Aurigemma, J.

Stamford/Norwalk J.D., at Stamford

State v. McDowell

10 Years for Manslaughter with a Motor Vehicle Affirmed

An individual could be sentenced to 10 years for second-degree manslaughter with a motor vehicle, driving while under the influence and evasion.

CR14-182955 and M14-021666
Kahn, J., Alexander, J. and Ginocchio, J.

Freedom of Information Commission

Schoenhorn v. Chief, Police Dep't, City of Hartford

Police Withheld Records about Indecent Exposure Complaints

A public agency could withhold documents concerning minor witnesses and signed witness statements.

FIC 2015-653
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Macdermid Printing v. Cortron

Record Breaking $64 Million Antitrust Verdict Reversed in Part

Allegations that defendant exercised market power and misled consumers to believe plaintiff's products were no longer available could be insufficient to establish an antitrust claim.

15-589-cv
Cabranes, J.

United States District Court

Brown v. Simpson

Defamation Claim Against Shipman & Goodwin Dismissed

Subject-matter jurisdiction could exist, if: (1) plaintiff alleged violations of federal law; or (2) the suit was between citizens of different states and the amount in controversy exceeded $75,000.

3:16cv781
Chatigny, J.

United States District Court

Wasilewski v. Abel Womack Inc.

Defendant Requested Remittitur for 'Excessive' Damages Award

Given the serious and permanent nature of the injuries, the $4 million that a jury awarded plaintiff for pain and suffering failed to shock the court's sense of justice.

3:10cv1857
Bolden, J.

Fairfield J.D., at Bridgeport

Ramsey v. Bullock

Plaintiff Stabbed by Neighbor Awarded $123,738

A court awarded economic damages for medical expenses and non-economic damages, for pain and suffering, loss of life's enjoyment, and scarring and physical limitation.

CV14-6043436
Wenzel, J.

Waterbury J.D., at Waterbury

Jarjura v. City of Waterbury

Municipality Did Not Correctly Compute Amount of Square Feet

The taxpayer possessed the burden of proof that the municipality over assessed his property.

CV13-6019213
Sheedy, J.T.R.

New London J.D., at Norwich

White v. White

Disabled Wife Found at Greater Fault for Dissolution

A court could credit testimony that the marital relationship broke down because one party became intoxicated four to five times per week and withdrew money from a health savings account for nonmedical purposes.

FA14-4123960
Diana, J.

Waterbury J.D., at Waterbury

Kelly v. Alcaraz

Court Awarded $146,321 to Plaintiff Struck in Crosswalk

A court reduced the damages 60 percent, because plaintiff was contributorily negligent.

CV14-6022615
Brazzel-Massaro, J.

United States District Court

Velasquez v. U.S. 1 Farm Mkt.

Grocery Workers who Were Paid in Cash Entitled to $37,358

The court rejected defense claims that plaintiffs, who worked as a butcher and a produce clerk at a grocery store, were "exempt" employees under the Fair Labor Standards Act.

3:13cv634
Crawford, J.

Connecticut Appellate Court

Fishbein v. Menchetti

Allegedly Ex-Girlfriend Refused to Pay Back $71,769

The statute of frauds in Connecticut General Statutes §52-550(a) barred plaintiff's claim that he loaned his former girlfriend $66,500, and that she breached a contract when she refused to pay him back.

AC 37638
Per Curiam

United States District Court

Dicara v. Liberty Mut. Ins.

Pro Se Litigant Asked Court to Certify a Class Action

A pro se plaintiff was not permitted to prosecute a class action on behalf of others, because he was only allowed to represent himself.

3:16cv165
Garfinkel, J.

Hartford J.D., at Hartford

Mason v. Barbieri

Plaintiffs in Capias Arrest Case Sought to Certify Class Action

Certification of a putative class action required proof that the class was numerous, that class members possessed similar claims of law or fact, that named plaintiffs' claims were typical of those of the class and that interests of the class could be protected.

X04-CV08-5035997
Sheridan, J.

Connecticut Appellate Court

Straw Pond Assoc. v. Fitzpatrick, Mariano & Santos

Genuine Issues in Malpractice Case Against Fitzpatrick Firm

If there were genuine issues of material fact in a legal-malpractice suit, summary judgment was not appropriate.

AC 37589
Lavine, J.

Hartford J.D., at Hartford

Raus v. Raus

Wife of 28 Years Awarded $1,000 per Week, Investments and Car

A court could consider the parties' incomes, education, health, assets and ability to acquire assets, when it awarded alimony and distributed property.

FA15-6059174
Suarez, J.

Statewide Grievance Committee

Stavola v. Cali

Allegedly, Attorney Did Not Provide Full Accounting of Funds

An attorney who allegedly did not comply with a request for a full accounting of funds violated Rule 1.15(e) of the Rules of Professional Conduct.

15-0351
Shugarts, Allen and Molinaro

United States District Court

Knox v. United States

Doctor Was Not Timely Disclosed as an Expert Witness

A court can preclude testimony from an expert witness who was not timely disclosed.

3:12cv1741
Merriam, J.

Connecticut Supreme Court

State v. Sabato

Allegedly Defendant Threatened Potential Witness on Facebook

An individual was guilty of intimidating a witness if, believing that an official proceeding was about to be instituted, he used or threatened the use of physical force against a witness with intent to influence, delay or prevent the testimony.

SC 19406 and SC 19407
Palmer, J.

United States District Court

Jusino v. Frayne

Inmate who Swallowed Batteries Alleged Deliberate Indifference

Allegations that plaintiff inmate's requests for medical treatment were ignored, although plaintiff made several suicide attempts, were sufficient to state a claim for deliberate indifference to a serious medical need.

3:16cv961
Shea, J.

Waterbury J.D., at Waterbury

Avendano v. Brass Mill Center

Mall Claimed Saturn Driver's Negligence Was Superceding Cause

A superceding cause could be an act or wrongful conduct of a third person that prevented an actor from being legally responsible for harm.

CV14-6024332
Roraback, J.

Connecticut Appellate Court

Farmassony v. Farmassony

Order to Reimburse Husband $23,439 for Day Care Reversed

Day care payments were subject to the statutory prohibition against retroactive modification in Connecticut General Statutes §46b-86, because they were paid as part of a "support order."

AC 36472
Sheldon, J.

Hartford J.D., at Hartford

Hoberman v. Top Notch Pool Serv.

Owners Alleged Defendants Provided Negligent Maintenance

Property owners failed to adequately allege that the principal of a pool maintenance company should have been able to foresee harm to a swimming pool, such that the principal should be held individually responsible.

CV15-6059640
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Weed v. Sherwood

1st Impression on Director who Did Not Make Pre-Suit Demand

Because a member of the board of directors did not make a pre-suit demand that a nonstock corporation take suitable action, as required by Connecticut General Statutes §52-572j and 33-722, she lacked standing to assert a derivative claim on behalf of the corporation.

CV13-6018235
Lee, J.

Connecticut Appellate Court

Lewis v. Bowden

Putative Father Moved to Open 1982 Paternity Judgment

A default judgment of paternity could be set aside within four months, and the case reinstated, if a putative father established reasonable cause.

AC 37741
Per Curiam

Connecticut Appellate Court

Dunn v. Etzel

General Release Unambiguously Released Claims Against Co-Worker

Absent fraud, accident or mutual mistake, a court could enforce a general release that a worker signed.

AC 37492
Beach, J.

New Britain J.D., at New Britain

State v. Greene

Son Denied Intent to Harm Dad whose Neck he Cut with Knife

To prevail on a charge of first-degree manslaughter, the state was required to prove intent to cause serious physical injury.

CR15-0277334
Keegan, J.

Hartford J.D., at Hartford

Tierinni v. Savino

2014 Journal Inquirer Article Was Not Defamatory

A defamatory statement was defined as a statement that tended to harm the reputation of another as to lower him in the regard of the community.

CV14-5037719
Nazzaro, J.

New Haven J.D., at New Haven

Hannon v. Hannon

Wife Was Caught Instructing Man to Beat up Ex-Husband

A court could modify alimony, if a party proved that a substantial change in circumstances took place.

FA11-4046681
Goodrow, J.

Connecticut Appellate Court

Hayes Family v. Town of Glastonbury

Denial of Special Permit Did Not Result in Unconstitutional Taking

To prove finality, a property owner who alleged an unconstitutional taking must prove that the government entity would not permit any reasonable, alternative use of his property.

AC 37827
Alvord, J.

Hartford J.D., at Hartford

State v. Williams

10 Years for Unlawful Restraint Was Not Disproportionate

An individual who was acquitted on charges of sexual assault and convicted on charges of unlawful restraint could be sentenced to 10 years in prison.

CR14-674998
Fischer, J., Hadden, J. and Ginocchio, J.

Department of Energy and Environmental Protection

In the Matter of Asnat Realty

Parties Signed Consent Order To Allow Clean-Up of PCBs

Various parties signed a consent order to allow investigation and remediation of an industrial site that contained PCBs.

13-001
Schain

United States Court of Appeals for the Second Circuit

Carolina v. Rubino

Three Strikes Rules Did Not Violate Right to Equal Protection

The "three strikes" rule in 28 United States Code §1915(g) passed rational-basis review and did not deny a prisoner who was indigent access to the courts.

14-2237-pr

Hartford J.D., at Hartford

Nationwide Gen. Ins. v. Colon

State Was Immune from Insurer's Subrogation Claims

Although Connecticut General Statutes §52-556 provided that any "person injured in person or property through the negligence of any state official or employee" when operating a motor vehicle "shall have a right of action against the state," the word "person" could be narrowly construed.

CV16-6065127
Huddleston, J.

Freedom of Information Commission

Alston v. Comm'r, State of Conn., Dep't of Correction

Security Risk Group Form that Inmate Requested Did Not Exist

A public agency was not required to produce a copy of a form that did not exist.

2015-510
Freedom of Information Commission

Hartford J.D., at Hartford

Bobo v. Jack Family Trust

Trust Claimed it Was Not a Legal Entity that Could be Sued

Plaintiff's misjoinder of a trust as a defendant in a negligence case constituted a defect that was curable and that did not deprive the court of subject-matter jurisdiction.

CV15-6058346
Huddleston, J.

Waterbury J.D., at Waterbury

Hochman v. Abrams

Wife Protested Participation in 8th-Grade Class Trip To Israel

A court ordered defendant wife to surrender her child's passport and to pay $816 toward travel expenses for his class trip.

FA02-0170885S
Nastri, J.

Waterbury J.D., at Waterbury

Parker v. Stadalink

Genuine Issue on Identifiable Person-Imminent Harm Exception

A genuine issue of material fact existed concerning whether a driver who stopped at a traffic light and was rear-ended by a police officer in pursuit of another motor vehicle qualified for the identifiable person, imminent harm exception to government immunity.

CV13-6020769
Brazzel-Massaro, J.

United States Court of Appeals for the Second Circuit

In Re: Indicon; Vanguard Products Corp. v. Citrin

Claims Against Nondebtors Were Not Related to Bankruptcy Estate

The bankruptcy court lacked subject-matter jurisdiction over claims against nondebtors defendants for breach of fiduciary duty and unfair trade practices that were not related to the bankruptcy estate.

15-746-bk

New Haven J.D., at New Haven

O'Brien v. City of New Haven

Tax Assessor Won $92,437 in Attorney Fees Under C.G.S. §7-101a

Pursuant to Connecticut General Statutes §7-101a, when he prevailed in the underlying case brought against him in his official capacity, a municipal worker was entitled to recover defense fees from the municipality.

CV15-6054959
Frechette, J.

United States Court of Appeals for the Second Circuit

United States v. Russow

Defendant Received Lengthy Extension to File his Appeal

The district court could extend the time in which to file a notice of appeal, pursuant to Federal Rule of Appellate Procedure 4(b).

15-1768

United States District Court

Alston v. Delpeschio

Inmate Alleged Excessive Use of Force by Correction Officers

Use of a chemical agent or use of extremely tight shackles on an inmate could constitute excessive use of force.

3:12cv147
Haight, J.

Litchfield J.D., at Litchfield

State v. Bryson; State v. Hearl

Charges Against two Defendants for Cruelty to Goats to be Joined

A court can permit a joint trial against separate defendants, when charges against each defendant were virtually identical, the alleged crimes were not excessively brutal and trial will not be excessively long or complex.

CR15-0147257 and CR15-0147222
Danaher, J.

Middlesex J.D., at Middletown

Heroy v. Sound View Behavioral Health LLC

Psychiatrist Qualified as Similar Health Care Provider to Nurse

A written opinion from a doctor who was board-certified in the same specialty as defendant nurse was sufficient to meet requirements in Connecticut General Statutes §52-190a.

CV15-6014467
Aurigemma, J.

Hartford J.D., at Hartford

D'Attilo v. Conn. Statewide Grievance Comm.

MedMal Plaintiffs Protested Dismissal of Grievance Complaint

Plaintiffs who filed grievance complaints lacked the right to seek review of the dismissal of the grievance complainants.

CV16-6065012
Sheridan, J.

United States District Court

Esteban v. Santa Rosa Restaurant

Court Allowed Service on any Employee of Restaurant

In a case in which defendants successfully evaded service of process, the court concluded that service could be effectuated on any employee of defendant restaurant.

3:13cv963
Shea, J.

Statewide Grievance Committee

Mendez v. Niesobecki

Attorney Reprimanded for Failure to Pay Court Judgment

An attorney who admitted that he did not make payments on a court-ordered judgment was reprimanded.

15-0164
Riccio, Freedman and Koffsky

United States District Court

Fed. Ins. v. Speedboat Racing v. Rambler 100

CUTPA Violations Alleged Against Owner of Racing Yacht that Capsized

A company that leased a worldclass yacht alleged that defendant owner knew the company intended to sail in the Atlantic Ocean Racing Series and that the owner's alleged failure to disclose that the keel fin was defective was unscrupulous, risked lives and resulted in the loss of millions of dollars.

3:12cv1480
Haight, J.

United States Court of Appeals for the Second Circuit

United States v. Ganias

En Banc Court Reversed on Admissibility of Tax Evidence

Army investigators and IRS agents acted reasonably when they obtained a search warrant to seize computer hard drives from an accountant, copied them to minimize disruption to the accountant's business, and obtained a second search warrant to search for evidence of tax evasion by the accountant.

12-240-cr
Livingston, J. and Lynch, J.

United States District Court

Gilbert v. E.I. DuPont De Nemours

11th-Hour Request Barred in Paint Products-Liability Suit

Defendants in a product-liability case were entitled to 30 days in which to respond to requests to produce documents.

3:15cv988
Merriam, J.

Ansonia/Milford J.D., at Milford

Herold v. Herold

Parties Agreed to 50-50 Division of Parenting Time

A court approved the parties' decision to divide parenting time equally.

FA14-4020251
Malone, J.

New Haven J.D., at Meriden

Papa v. Hoffman

Plaintiff Protested Relative's Appointment as Conservator

A probate court did not violate Connecticut General Statutes §45a-650(f) when it found that appointing a relative as a conservator of the person constituted the least restrictive means of intervention available.

CV15-6008077
Cronan, J.

Board of Mediation and Arbitration

Town of Ledyard and AFSCME Council 4, Local 2693L

Town Promoted Candidate Who Scored Lower on Exam

A municipality was not required to promote a candidate who obtained the highest exam score, provided that it promoted one of the top three candidates.

2015-A-0335
Diaz, Malse and Toomey

Connecticut Supreme Court

State v. Rodriguez

Guilty Plea Made Petitioner's Insufficient Evidence Claim Moot

A defendant who pled guilty to attempt to commit arson when he was on probation rendered moot his claim that insufficient evidence existed to find that he violated the terms of probation.

SC 19199
McDonald, J.

Connecticut Supreme Court

State v. Devon

1st Impression on Comfort Dog for Child Sexual Assault Victim

Connecticut General Statutes §54-86g(b), which enumerated the procedures to be used in child sexual assault cases, did not explicitly authorize use of a comfort dog during trial.

SC 19379
Zarella, J.

Hartford J.D., at Hartford (Juvenile Matters)

In Re: Nathan; In Re: Megel; In Re: Gurmehar

Mom Requested Disclosure of Juveniles' Police Reports

The mother of a young, male victim was not entitled to the police reports of the alleged juvenile delinquents.

00002888618, 00002888612 and 00002888625
Gilligan, J.T.R.

Connecticut Appellate Court

Ill v. Manzo-Ill

P.B. §14-3 Allowed Court to Dismiss for Failure to Prosecute Diligently

Practice Book §14-3 permitted a court to dismiss a motion to modify alimony, if the motion was not prosecuted with reasonable diligence.

AC 37070
Keller, J.

Connecticut Appellate Court

Perry v. Valerio

Complaint about Fall During Physical Therapy Sounded in MedMal

A complaint that resulted from an alleged fall during a physical therapy session sounded in medical malpractice, as opposed to ordinary negligence.

AC 38405
Keller, J.

Connecticut Appellate Court

State v. Acker

No Proof Defendant Who Worked at Animal Shelter Violated Probation

To prevail in a probation revocation matter, the state must prove it was more probable than not that defendant violated a condition of probation.

AC 38285
Per Curiam

Fairfield J.D., at Bridgeport

Beechmont Condominium Ass'n v. Cecunjanin

Condo Owner Did Not Pay Common Charges After Fire

A condominium association can foreclose on a lien it obtained when it continued to charge common fees after a fire destroyed a condominium unit.

CV13-6034426S
Jennings, J.T.R.

Connecticut Appellate Court

Francini v. Goodspeed Airport

1st Impression on Property Easement for Electricity Service

Easements by necessity could be granted for property landlocked from utility services.

AC 37258
Lavery, J.

United States Court of Appeals for the Second Circuit

United States v. Crespo

Defendant Protested Restitution to Victims who Bought Fake Art

The Mandatory Victims Restitution Act in 18 United States Code §3663A required that a court determine the amount of each victim's loss caused by a defendant's offense.

15-270, 15-2157

New Haven J.D., at New Haven

Hauer v. Dietz

Driver who Allegedly Made Illegal U-Turn Not Reckless

Allegations that defendant made an illegal U-turn without any signal or warning were insufficient to allege a claim for common-law recklessness.

CV15-6057481
Lager, J.

United States Court of Appeals for the Second Circuit

Preston v. Bristol Hosp.

Worker Failed to Prove that Discharge Was Discriminatory

A reasonable jury could not find that the proffered reason for discharge constituted a pretext for discrimination or retaliation.

15-1150

New Britain J.D., at New Britain

State v. Jacques

Murder Victim's Cell was Found in Defendant's Former Apartment

A warrantless search was not unreasonable, when a person with authority freely consented.

CR15-0128007
Jongbloed, J.

United States District Court

Smulley v. Webster Fin.

No Proof Judge Meyer Was Biased Against Pro Se Parties

A judge who was unable to decide a case fairly could be required to recuse himself.

3:15cv1383
Meyer, J.

Stamford/Norwalk J.D., at Stamford

Tice v. Bush

$55,740 in Damages for Malicious Prosecution Reversed

If police had probable cause to arrest, the arrestee might not possess a cause of action based on defendant's reasonably accurate report to the police.

CV14-6023210
Povodator, J.

United States District Court

Pitterman v. Gen. Motors

Expert Opinion on Retrofitting 2004 GM Excluded as Unreliable

A court excluded an expert witness's opinion on retrofitting, because the expert did not test an alternate design, subject it to peer review, calculate the rate of error or indicate it was generally accepted in the motor-vehicle industry.

3:14cv967
Hall, J.

Ansonia/Milford J.D., at Milford

Gifford v. Gifford

Court Possessed Jurisdiction Over a Motion to Return Child

In a case in which the minor children moved frequently after a divorce and did not remain anywhere for six months, a Connecticut court concluded it possessed jurisdiction over a motion to return a minor child, because the children attended Connecticut public schools after the divorce, and one of the children played football.

FA16-4021750
Malone, J.T.R.

State Elections Enforcement Commission

Complaint by: Schaffrick

Flyers Placed on Car Windshields Did Not Include Proper Attributions

A private citizen who spent less than $5 on a flyer that he distributed before an election could be required to include "paid for by" attributions on the flyer.

2015-135
Castagno, Chair

New Haven J.D., at New Haven

Maccalla v. Am. Med. Response

Former Ambulance Workers Alleged Discharge Violated CUTPA

The employer-employee relationship did not fall within the definition of "trade or commerce" for purposes of a cause of action under the Connecticut Unfair Trade Practices Act.

CV13-6035009
Fischer, J.

Fairfield J.D., at Bridgeport

State v. Nicholson

20 Years for Stabbing Neighbor with Large Kitchen Knife Affirmed

An individual who was convicted of first-degree manslaughter can be sentenced to 20 years in prison.

CR12-263560
Fischer, J., Alexander, J. and Ginocchio, J.

Connecticut Appellate Court

A Better Way Wholesale Autos v. Comm'r of Motor Vehicles

Car Dealership Won Reversal of Claim it Violated C.G.S. §14-54(a)

Connecticut General Statutes §14-54(a) required that automobile dealers that wished to obtain a license to deal in motor vehicles obtain a certificate of approval from local officials and present that certificate to the commissioner of the Department of Motor Vehicles.

AC 37402
Agati, J.

United States Court of Appeals for the Second Circuit

Lawson v. Hilderbrand

Police Remained in Home After Owners Revoked Consent

Qualified immunity served to protect government officials from civil suits for damages, if their conduct did not violate clearly established constitutional or statutory rights about which a reasonable person would have been aware.

15-653

Stamford/Norwalk J.D., at Stamford

Fiscella v. Fiscella

Disabled Wife Awarded $1,500 per Month and $50,000 Lump Sum

A court could award alimony based on a party's "significant health issues and her current inability to work outside the home."

FA15-5014521
Shay, J.T.R.

Hartford J.D., at Hartford

Samakaab v. State Dep't of Soc. Serv.

Retaliation for Making Complaint About Management Not Proved

Although plaintiff apparently signed a letter alleging that management stifled debate and wasted resources, that was insufficient to prove that plaintiff opposed a discriminatory employment practice, as required to establish retaliation pursuant to Connecticut General Statutes §46a-60.

CV15-6056335
Scholl, J.

Board of Mediation and Arbitration

Bridgeport Housing Auth./Park City Communities and AFSCME, Council 4, Local 2311

Maintenance Worker Sought an Insurance Waiver Payout

Arbitrators enforced a clause in a collective bargaining contract that allowed workers who provided proof of alternate insurance coverage to obtain an insurance waiver payout.

2015-A-0250
Cain, Massa and Toomey

New Britain J.D., at New Britain, G.A. 15

State v. Gula

Adjunct University Prof Won Motion to Suppress Confession

A court could suppress a confession made by an adjunct university professor who received an unequivocal promise from law enforcement that he would not be arrested.

CR15-0279666
Moll, J.

United States Court of Appeals for the Second Circuit

Forbes v. Lynch

Petitioner To Be Removed Following Larceny Conviction

An abuse of discretion could be found, if the Board of Immigration's decision provided no rational explanation, inexplicably departed from established policies, or was based on conclusory statements and lacked any reasoning.

15-2445

New London J.D., at New London

Tischer v. Taylor

Genuine Issue if Landlord Knew about Dog Owned by Tenant's Employee

Genuine issues of material fact barred a church's motion for summary judgment on a claim it controlled the property it leased to a tenant and had constructive notice that a dog with a tendency to bite was on the property.

CV15-6024237
Vacchelli, J.

Board of Mediation and Arbitration

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

Worker Did Not Prove That He Was Not Offered Overtime Work

A heavy equipment operator failed to prove that a municipal dispatcher did not call and offer the opportunity to work overtime during a storm.

2014-A-0460
Daly and Malse – Panagrossi dissented

United States District Court

Allstate Ins. v. Essiam

Homeowners' Policy Did Not Provide Coverage to Social Hosts

A motor-vehicle exclusion that applied to the "use" of "any motor vehicle or trailer" applied to any motor vehicle, regardless of the owner's identity or relationship with the insured.

3:15cv180
Hall, J.

Connecticut Appellate Court

Holdmeyer v. Thomas

Landlord Decided to Evict Tenant who Complained about Bed Bugs

A presumption of retaliatory eviction existed, if a landlord commenced a summary-process action within six months of the date that the tenant made a complaint to the health district about bed bugs.

AC 37344
Beach, J.

New Haven J.D., at Meriden

D.F.C. of Meriden v. Meriden Planning Comm'n

1st Impression on Exemption for Billboard with 'Public Purpose'

Connecticut General Statutes §8-2(a) permitted municipalities to exempt municipal property from zoning regulations.

CV13-6006524
Cronan, J.

New Britain J.D., at New Britain

Lazzari v. Adm'r, Unemployment Comp. Act

Plaintiff Applied for Workers' and Unemployment Compensation

An individual who received workers' compensation benefits might not be eligible to simultaneously receive unemployment compensation.

CV15-5017048
Abrams, J.

United States District Court

Nielsen v. Van Leuven

Plaintiff Alleged Fiance's Brother Crashed his Car

As along as plaintiff's allegations complied with Rule 11 of the Federal Rules of Civil Procedure, he could plead the allegations based "upon information and belief."

3:15cv1154
Shea, J.

United States District Court

United States v. Barneys

Lawyer Defendant Moved to Sever Case from Co-Defendant

A court could grant a motion to sever, if a serious risk existed that a joint trial could compromise a specific trial right of one of the defendants or prevent the jury from making a reliable judgment about guilty or innocence.

3:16cr29
Shea, J.

Connecticut Supreme Court

State v. Peeler

Life in Prison for Defendant Sentenced to 2 Sentences of Death

The death penalty violated Article First, §8 and 9 of the Connecticut Constitution.

SC 18125
Per Curiam

Litchfield J.D., at Litchfield

Bessette v. Bessette

Provision in Separation Contract Was Self-Executing

The alimony provision in the parties' dissolution contract was self-executing, so that alimony ended as soon as the wife began to cohabitate with a boyfriend.

FA10-4010003
Shah, J.

New Haven J.D., at New Haven

Nolen-Hoeksema v. Maquet Cardiopulonary

Complaint Was Amended To Subtract, then Add Medical Claims

Common-law indemnification and contribution claims were governed by the statutes of limitations in Connecticut General Statutes §52-598a and 52-572o.

CV14-6049888
Frechette, J.

Connecticut Appellate Court

Buck v. Town of Berlin

Res Judicata Barred Inverse-Condemnation Claims

A claim that arose from the same cause of action that was litigated in a prior action was barred by res judicata.

AC 37209
Beach, J.

Freedom of Information Commission

Mendieta v. Schriro

Cheshire Inmate Requested Waiver of Statutory Copying Fee

The fee waiver provision for indigent individuals in Connecticut General Statutes §1-212(d)(1) did not apply to an $8 fee charged by the commissioner of public safety for motor-vehicle accident and investigative reports.

FIC 2015-628
Freedom of Information Commission

Stamford/Norwalk J.D., at Stamford

Errichetti v. Botoff

Genuine Issue Whether Neighbor's Fence Qualified as 'Spite Fence'

To prevail on a cause of action under the "spite fence" statute, Connecticut General Statutes §52-480, plaintiff must prove: (1) a structure was built on defendant's property; (2) malicious erection of the structure; (3) intent to injure the enjoyment of the adjacent land; (4) harm to the value of adjacent land; (5) the structure was useless to defendant; and (6) enjoyment of the adjacent owner's land was harmed.

CV14-6022623
Heller, J.

United States District Court

Barsky v. Yale-New Haven Hosp.

Plaintiff Did Not Waive Psychiatrist-Patient Privilege

Plaintiff, who allegedly suffered garden-variety emotional distress in connection with employment discrimination, did not waive the psychiatrist-patient privilege.

3:15cv1040
Eginton, J.

Fairfield J.D., at Bridgeport

200 E. Main St. v. Zoning Comm'n of the Town of Stratford

Substantial Evidence Did Not Exist to Support Commission's Decision

A zoning commission did not present evidence, even anecdotal evidence, to support a claim that excessive traffic congestion would result, if the zoning commission approved a restaurant with a drive-thru window in a 29-acre shopping center.

CV15-6051733
Radcliffe, J.

New Haven J.D., at New Haven

Sulpasso v. Sulpasso

Husband Who Alleged Ex-Wife Stalked Won Restraining Order

Connecticut General Statutes '46b-15 permitted a court to issue a restraining order against a former spouse, even if the spouse did not engage in "stalking" as defined by C.G.S. §53a-181d.

FA16-4068976
Shluger, J.

New Haven J.D., at New Haven

Rochler v. Rochler

No Proof Cohabitation Changed Ex-Wife's Financial Needs

A husband, who claimed that his former wife was cohabitating, had the burden to prove that a change of circumstances took place that altered the financial needs of his former wife.

FA09-4038302
Shluger, J.

Connecticut Supreme Court

State v. Maietta

Probation Terms Did Not Violate Constitutional Right to Bear Arms

Defendant voluntarily waived his Second Amendment right to bear arms when he agreed to a condition of probation that prevented the possession of firearms.

SC 19524
Epinosa, J.

Middlesex J.D., at Middletown

Deep River Assoc. v. McCann

Dry Cleaner Defendants Denied Any Legal Responsibility

Allegations that defendants contaminated the groundwater with a hazardous chemical inimical to public health were sufficient to allege that defendants violated Connecticut General Statutes §22a-16 of the Connecticut Environmental Protection Act.

CV15-6013881
Aurigemma, J.

United States Court of Appeals for the Second Circuit

Arzuaga v. Pafumi

Conn. District Court Wrongly Revoked Inmate's IFP Status

The in forma pauperis statute did not include an obligation to update an affidavit, if the prisoner received funds, or require that the inmate spend all funds subsequently received on court fees.

15-1112-cv

State Elections Enforcement Commission

Complaint by: Bushior

Certificate of Party Endorsement Had Candidate's Faxed Signature

Connecticut General Statutes §9-391 required that a candidate sign the town committee's certificate of party endorsement.

2016-007
Castagno, Chair

United States District Court

Siuzdak v. Lynch

FBI Agent Alleged Retaliation for Complaining about Discrim

Temporal proximity that consisted of protected activity followed closely in time by adverse employment action was sufficient to raise an inference of retaliation, and the court denied defendant's motion to dismiss for failure to state a claim.

3:14cv1543
Bolden, J.

Stamford/Norwalk J.D., at Stamford

Rojas v. Choe

Plaintiffs Won Double Damages for Overtime Violations

Connecticut General Statutes §31-72 permitted a court to award double damages, costs and reasonable attorney fees, if defendants acted with bad faith, arbitrariness or unreasonableness.

CV13-6020582
Adams, J.T.R.

Connecticut Supreme Court

Comm'n on Human Rights and Opportunities v. Echo Hose Ambulance

African-American Volunteer Did Not Qualify as 'Employee'

Title VII and the Connecticut Fair Employment Practices Act, which protect employees from discrimination, did not apply to an unpaid volunteer.

SC 19496
McDonald, J.

United States District Court

Singer v. The Priceline Grp.

'Name Your Own Price' Customer Did Not Prove Breach of Contract

A court dismissed a "name your own price" customer's claim that he was unaware until he arrived at a hotel that he would be required to pay a mandatory "resort fee."

3:15cv1090
Bolden, J.

Stamford/Norwalk J.D., at Stamford

O'Neil v. Lt of Stamford; Terenzio v. LT of Stamford

Police Ordered to Produce Investigative Reports, Evidence, Records and Tapes

The Erasure Statute did not prevent the use of police reports during discovery in a subsequent civil case. The court ordered the police to produce the police department's police reports, physical evidence, records and tapes, on or before Aug.

CV16-6028203 and CV16-6028284
Heller, J.

Middlesex J.D., at Middletown

The Yard Group Landscaping v. The River Highlands Homeowners Assoc.

Condominium's Landscaper Filed Mechanic's Lien for Unpaid Fees

Services that a landscaper provided did not qualify as an improvement to the property, for purposes of Connecticut General Statutes §49-33.

CV16-6015117
Aurigemma, J.

State Elections Enforcement Commission

Complaint by: Stapleton-Reily

Complainant Failed to Prove that Campaign Flyers Lacked Attributions

Connecticut General Statutes §9-621 provided that campaign flyers must include attributions that included the phrases "paid for by" and "approved by."

Castagno, Chair
Castagno, Chair

Board of Mediation and Arbitration

Town of East Haven and UPSEU/C.O.P.S., Local 1662

Public Works Employee Performed Traffic Control

A municipality was required to offer an assignment to perform traffic control to a police officer first, prior to offering the assignment to a public works department employee.

2015-A-0102
Daly, Mandell and Shay

Board of Mediation and Arbitration

City of New Haven and AFSCME, Council 4, Local 884

Human Resources Asked Doctor to Explain Return-to-Work Orders

A human resources manager acted prudently when he requested an explanation from a doctor who provided inconsistent orders about whether the employee was required to work light duty.

2014-A-0098
Daly, Panagrossi and Lipton

New Haven J.D., at New Haven

Jamison v. Jamison

Wife with Serious Illness Had Life Expectancy of Only One Year

A court could find a party in willful contempt of court, if the party willfully failed to comply with a clear and unambiguous court order.

FA05-4006337
Goodrow, J.

United States District Court

Norman v. Bayer

Customer Did Not Adequately Allege Manufacturing Defect

To allege a manufacturing defect claim in connection with a Class III medical device, a plaintiff must allege that a manufacturer did not make the device pursuant to FDA specifications.

3:16cv243
Meyer, J.

United States District Court

Dwinnell v. Fed. Express Long Term Disability Plan

Worker Alleged Aetna Wrongfully Denied her Long-Term Disability

A plan did not prevent the same company that served as the claims paying administrator from also serving as the appeal committee that reviewed claims that were denied.

3:14cv1439
Meyer, J.

United States District Court

Farmer v. Judicial Branch

Plaintiff Alleged Frank D'Adabbo Did Not Provide Salamon Instruction

A Connecticut Superior Court judge was entitled to judicial immunity for conduct during a state criminal trial, even if the judge's conduct was wrong, malicious or in excess of authority.

3:16cv1069
Bolden, J.

United States District Court

Cortes v. Armor-All Prot.

Telemarketers Alleged they Were Required to Work Saturdays

To plead a plausible FLSA claim, plaintiffs were required to provide sufficient detail about unpaid work to support a reasonable inference that they worked more than 40 hours per week.

3:15cv1788
Arterton, J.

Connecticut Appellate Court

Kearse v. Taylor

$2.8 Million Judgment Against Landlords Overturned on Appeal

Notice sent to the trustee appointed to protect the interests of clients of defendants' attorney was insufficient to provide notice to defendants.

AC 38031
Per Curiam

Hartford J.D., at Hartford

Murphy v. Murphy

No Proof that Cohabitation Altered Wife's Financial Needs

A court denied a husband's motion to modify alimony, as a result of cohabitation pursuant to Connecticut General Statutes §46b-86(b), because he did not prove that the wife's living arrangement resulted in a change of circumstances that altered the wife's financial needs.

FA11-4059670
Bozzuto, J.

New Britain J.D., at New Britain

Cusano v. Lajoie

Court Added $2,000 Additur To $3,320 Award for Car Accident

A court can award an additur, if the jury awarded plaintiff all of his medical expenses and did not award damages for pain and suffering.

CV15-6028699
Swienton, J.

Stamford/Norwalk J.D., at Stamford

Clark v. Clark

Former Wife Refused to Sign 'Making Home Affordable' Form

A former wife's refusal to sign a "making home affordable program" form did not constitute interference with the husband's attempt to sell the former marital residence.

FA06-4009453
Jacobs, J.

Stamford/Norwalk J.D., at Stamford

Commaroto v. Guzzo

Court Struck Defense Counterclaim in Action Against LaPolla Industries

Because Connecticut General Statutes §52-240a did not create an independent cause of action, it did not provide a proper subject for a counterclaim in a products-liability action.

CV12-6013645
Genuario, J.

United States Court of Appeals for the Second Circuit

Halo v. Yale Health Plan

Second Circuit Rejected 'Substantial Compliance' Approach

A health plan's failure to comply with Department of Labor claims-procedure regulations could result in de novo review in federal court, unless the plan otherwise established procedures that conformed with department regulations and proved that failure to comply was inadvertent and harmless.

14-4055
Katzmann, J.

United States District Court

Fabian v. Hosp. of Central Conn.

Allegedly Hospital Refused to Hire Transgender Surgeon

Title VII, which prohibited discrimination on the basis of "sex," extended to prohibit discrimination on the basis of transgender status.

3:12cv1154
Underhill, J.

Connecticut Supreme Court

In re Egypt

Order Not Entered Properly in Case of Child with Six Broken Bones

In a termination of parental rights case, failure to provide proper notice to the biological parents could affect their right to due process of law and require remand.

SC 19643 and 19644
Eveleigh, J.

Hartford J.D., at Hartford

Estate of Modlesky v. Finklestein

Negligent Entrustment Count Against Father Stricken

A negligent entrustment count that failed to allege which minor was entrusted with a Honda Pilot motor vehicle was legally insufficient.

CV15-6060756
Huddleston, J.

Hartford J.D., at Hartford

Deranamie v. Conn. Bar Examining Comm.

Law Applicant Failed to Prove Good Moral Character

An individual who applied for admission to the bar possessed the burden to prove good moral character and fitness to practice law.

CV12-5036148
Robaina, J.

New London J.D., at Waterford

In re Samuel

Stepfather Allegedly Threw Baby, Flicked its Penis and Pinched it

A court could terminate the rights of biological parents, as a result of alleged sexual assault, risk of injury to a minor and predictive neglect.

K09-CP14-013826
Driscoll, J.

State Elections Enforcement Commission

Complaint by: Arras

First Selectman Removed 'Please Vote No' Signs Before Referendum

Generally, municipal funds cannot be spent to advocate approval or disapproval of a municipal budget referendum, pursuant to Connecticut General Statutes §9-369(b).

2016-003
Castagno, Chair

Connecticut Supreme Court

In re Oreoluwa

Adequate Efforts Were not Made to Reunify Father, Fragile Infant

The Department of Children and Families possessed the burden to prove, by clear and convincing evidence, it made reasonable efforts to reunify a Nigerian father and his medically fragile child, pursuant to Connecticut General Statutes §17a-112.

SC 19501
Eveleigh, J.

United States Court of Appeals for the Second Circuit

Steginsky v. Xcelera

Named Plaintiff's Claims Were Not Typical of those of the Class

A court could deny a motion for class certification, if the named plaintiff's claims were not typical of those of the class.

15-1885-cv

United States District Court

LaFountain v. Smith ' Nephew

Allegedly, Hip Replacement Parts Corroded and Released Metal Debris

The Medical Device Amendments expressly pre-empted state common-law tort claims, to the extent that they imposed a standard different from, or in addition to, federal requirements, and to the extent that they related to the safety and effectiveness of Class III medical devices.

3:14cv1598
Eginton, J.

Statewide Grievance Committee

Alcorn v. Voytek

Bridgeport Attorney Admitted that he Filed a Frivolous Action

Rule 3.1 of the Rules of Professional Conduct provided, "A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law."

15-0353
Goulden and Slossberg

United States Court of Appeals for the Second Circuit

Carillo-Palencia v. Lynch

Citizen of Guatemala Requested Fifth Continuance

The Board of Immigration Appeals did not abuse its discretion, when it denied a petitioner's fifth request for a continuance.

14-4760

Connecticut Appellate Court

Astoria Fed. Mort. v. Genesis

Apparent First Impression on Foreclosure of Mechanic's Lien

The assignment of a mechanic's lien need not be recorded, for the assignee to possess standing to foreclose the mechanic's lien.

AC 37754
Keller, J.

New Haven J.D., at New Haven

Eder v. Reid

Litigant Won Protective Order to Prevent Second Deposition

Defendants might not be entitled to conduct a second deposition, to obtain an update about any changes to plaintiff's medical condition.

CV13-6041461
Wilson, J.

United States District Court

Franco v. A Better Way Wholesale Autos

$400 per Hour Awarded to Attorney for TILA Litigation

A plaintiff who prevailed on a TILA claim was entitled to reasonable attorney fees, pursuant to 15 United States Code §1640(a), which included compensation for legal services of plaintiff's attorney and paralegal and did not include compensation for a legal assistant.

3:14cv422
Bryant, J.

Waterbury J.D., at Waterbury

Garofalo v. Region 15, Bd. of Ed.

Genuine Issues in High School Student's Concussion in Gym Class

The standard to decide whether harm was imminent was whether it could be apparent to municipal officials that a dangerous condition was so likely to cause harm that they possessed a clear and unequivocal duty to act immediately to prevent harm.

CV14-6022287
Brazzel-Massaro, J.

Stamford/Norwalk J.D., at Stamford

Michel v. Malloy

Newly Enrolled Candidate Was Not Eligible to Act as a Circulator

A citizen could be required to wait 90 days after he changed his party affiliation, prior to acting as a circulator who collected signatures.

CV16-5015771
Lee, J.

United States Court of Appeals for the Second Circuit

United States v. Nastri

Defendant Protested Above-Guidelines Sentencing Decision

Defendant failed to prove that an above-guidelines sentence was shockingly high, shockingly low or otherwise unsupportable as a matter of law.

15-726-cr

Middlesex J.D., at Middletown

Garibaldi v. Garibaldi

Court Dismissed Complaint in which Petitioner Sued Himself

When a petitioner filed a complaint against himself, the court concluded that an actual controversy did not exist, and that it lacked jurisdiction.

CV15-6014659
Domnarski, J.

Board of Mediation and Arbitration

Bridgeport Housing Auth. and AFSCME, Council 4, Local 1303-430

Arbitrators Reduced Accountant's Discharge to Five-Month Suspension

Arbitrators could enforce a collective bargaining contract that required that the employer administer discipline in a progressive manner.

2016-A-0144
Diaz, Shea and Johnson

Citizen's Ethics Advisory Board

Advisory Opinion 2016-2

Revolving-Door Provision Barred Acceptance of New Job

The "revolving door" statute provided that no former quasi-public agency public official could, for one year after departure from state service, represent anyone, other than the state, for compensation before the agency concerning any matter in which the state had a substantial interest.

2016-2
Chiusano, Chair

Board of Mediation and Arbitration

City of Stamford and IAFF, Local 786

Grievance Was Not Filed Timely, Within 10 Days

A collective bargaining contract required that the union request arbitration within 10 days of the date that the municipality denied a grievance.

2015-A-0219
Cain and Baldyga – Shea dissented

United States District Court

Crawford v. Town of Danbury

Estranged Husband Failed to Allege Monell Claim Against Town

To allege a claim for municipal liability, plaintiff was required to establish an official policy or custom caused injury.

3:16cv281
Underhill, J.

Hartford J.D., at Hartford

Comm'r of Labor v. Dental Care of Conn.

Manager Not Personally Liable as 'Employer' for Unpaid Wages

An individual who possessed ultimate authority and responsibility for the payment of wages could qualify as an "employer," for purposes of Connecticut General Statutes §31-72.

CV13-6046958
Scholl, J.

Statewide Grievance Committee

Coonan v. Annenberg

$17,750 Fee for Divorce Attorney Found Unreasonable

Rule 1.5(a) of the Rules of Professional Conduct provided, "A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses."

15-0449
Matthews, Summa and Golger

Statewide Grievance Committee

McDonald v. Coley

Allegedly Attorney Refused To Provide Client a Copy of File

An attorney who allegedly refused to provide a former client a copy of his file, unless he paid the balance of his retainer and $100, engaged in unethical conduct, in violation of Rule 1.16(d) of the Rules of Professional Conduct.

15-0189
Woviotis, Sullivan and Jenkins

Connecticut Appellate Court

Amica Mut. Ins. v. Muldowney

Tenants Left Property in Winter without Enough Oil for Furnace

If the lease was silent about the possibility of subrogation, a property insurer could be barred from recovering from tenants for damages that they allegedly caused.

AC 37721
Beach, J.

New Britain J.D., at New Britain

Pierczyk Straska Farm v. Town of Rocky Hill

Farmer Did Not Receive Notice of Specific Violations

A municipality that issued a citation for failure to comply with a blight ordinance failed to provide the property owner adequate notice of the specific violations and the nature of the remediation required.

CV15-5016838
Swienton, J.

Statewide Grievance Committee

Stamford/Norwalk J.D. v. Hoffman

Attorney Admitted in 1970 to Take Course in Legal Ethics

An attorney who allegedly failed to comply with the disclosure and independent counsel requirements for entering into a business transaction with a client was ordered to take a course in legal ethics.

15-0429
Cousineau, Esq., and Matthews

United States District Court

N. River Ins. Co. v. O&G Indus.

Workers Who Won $35 Million Intervened in Insurance Dispute

A $35 million arbitration award gave workers who were injured in an explosion a legitimate interest in litigation between a subcontractor and its insurance company.

3:13cv589
Meyer, J.

New Britain J.D., at New Britain

Fersch v. Comm'r of Motor Vehicles

Jeep Wrangler Driver Disputed Timeliness of Blood-Alcohol Test

Although the hearing officer admitted hearsay evidence, substantial evidence existed that plaintiff operated a motor-vehicle after 1:31 a.m., and that police commenced a breath-alcohol test within two hours of operation, pursuant to Connecticut General Statutes §14-227b.

CV15-6030137
Schuman, J.

Connecticut Appellate Court

Hadden v. Capitol Region Educ. Council

Employer Sought to Apportion Workers' Compensation Claim

Apportionment under Connecticut General Statutes §31-275 was barred, because a pre-existing disease that was aggravated by a workplace injury was not occupational.

AC 36913
Gruendel, J.

New Haven J.D., at New Haven

Forgione v. Skybox Barber Lounge LLC

Gay Worker Alleged Employer Used LGBT Slur

The legislature exempted small employers from the significant costs of litigating employment discrimination claims.

CV14-6050777
Agati, J.

Hartford J.D., at Hartford

State v. Brown

Sentence of 55 Years for Shooting Victim of Robbery Affirmed

An individual who allegedly shot and killed a defenseless victim, who made an attempt to run away during a robbery, could be sentenced to 55 years in prison.

CR05-691418
Fischer, J., Alexander, J. and Ginocchio, J.

Connecticut Supreme Court

Miller v. Appellate Court

Appellate Court's Suspension of Civil-Rights Attorney Affirmed

An attorney who allegedly filed a frivolous appeal and failed to comply with court deadlines and procedure could be sanctioned, regardless of whether the alleged conduct violated Rule 8.4 of the Rules of Professional Conduct.

SC 19436
Palmer, J.

Waterbury J.D., at Waterbury

Velasquez v. Ibarra

Court Imputed Husband's Earnings Were $760 per Week

A court imputed the husband's earnings, based on the husband's expenses and spending.

FA15-6027385
Nastri, J.

Waterbury J.D., at Waterbury

Hurley v. Naugatuck Bd. of Educ.

Administrative Remedies for Constructive Discharge Not Exhausted

Plaintiff's constructive discharge claim did not arise until after plaintiff filed a complaint with the Connecticut Commission on Human Rights and Opportunities.

CV15-6029009
Roraback, J.

United States Court of Appeals for the Second Circuit

Edro Corp. v. Nat'l Labor Relations Bd.

Worker Fired Because of Union Activities Won Reinstatement

An employer that discharged a worker because of his union activities could violate Section 8(a)(3) of the National Labor Relations Act.

15-1451 and 15-1760

Hartford J.D., at Hartford

Estate of Torres v. Berline Line Apartments

Spouse Failed to Allege Bystander Emotional Distress

Because plaintiff spouse failed to adequately allege contemporaneous sensory perception of the event that allegedly injured her husband, the court granted the defendants' motion to strike her claim of bystander emotional distress.

CV10-6016042
Epstein, J.

Hartford J.D., at Hartford

Bawuah v. Utopia Home Care

Alleged Hot Water Injury Did Not Involve Medical Malpractice

Allegations that defendant's employee helped plaintiff shower and that plaintiff was injured because the temperature of the water was excessively high sounded in ordinary negligence, as opposed to medical malpractice, and plaintiff was not required to provide a written opinion from a similar health care provider.

CV16-6065719
Noble, J.

Connecticut Appellate Court

Computer Reporting Serv. v. Lovejoy and Assoc.

Lawyer Not Individually Responsible to Pay for Court Reporter's Services

A lawyer acted as the agent of his law firm when he sent deposition notices to a court reporter, to request that the court reporter attend the deposition.

AC 37257
Prescott, J.

Fairfield J.D., at Bridgeport

Conn. Amusement v. Sunstar Vending

Jukebox Company Did Not Prove Wrongful Interference

To prevail on a claim for wrongful interference with business relationships, plaintiffs were required to prove that defendant knew that plaintiffs had a contractual relationship with a customer.

CV14-6040375
Thim, J.T.R.

New Britain J.D., at New Britain

Lotkowski v. Eldred

Kia Driver Awarded $2,000 Additur for Pain and Suffering

It was inconsistent to award substantial damages for medical expenses and not to award damages for pain and suffering.

CV15-6027686
Wiese, J.

Hartford J.D., at Hartford

21st Century N. Am. Ins. Co. v. Perez

Insureds Paid 24 Cents Less than Premium Owed

An insurance company alleged it was not obligated to defend and to indemnify, because the insureds paid 24 cents less than the premium amount owed.

CV14-6051072
Epstein, J.

State Elections Enforcement Commission

Complaint by: Wyatt-Giesing

First Impression on Appointments of Registrars of Voters in New London

Connecticut General Statutes §9-192 provided that unless "otherwise provided . . . in the absence of either registrar of voters, his deputy . . . shall have all the powers conferred, and may perform any of the duties imposed, upon such registrar."

2015-092
Castagno, Chair

United States District Court

Probatter Sports LLC v. Sports Tutor Inc.

Genuine Issue if Pitching Machine Patent Was 'Obvious'

Absent evidence concerning the knowledge held by a person of ordinary skill in the art at the time of a patent filing, defendant may not be entitled to summary judgment on a claim that the patent was "obvious."

3:05cv1975
Bryant, J.

New Haven J.D., at Meriden

Duran v. Duran

Former Air Industries CEO Proved Substantial Change in Circumstances

A court could find a substantial change in circumstances, as a result of the husband's loss of high-level employment.

FA10-4013910
Klatt, J.

New Haven J.D., at New Haven

Provost-Daar v. Merz Aesthetics

Surgeon Disputed Timeliness of Informed Consent Claim

The 90-day extension to the statute of limitations in Connecticut General Statutes §52-190a(b) applied even though plaintiffs alleged lacked of informed consent.

CV13-6037872
Wilson, J.

United States District Court

Huerta v. Haughwout

FAA Could Enforce Subpoenas Against Alleged Maker of YouTube Drone Video

To enforce an administrative subpoena, an agency must establish: (1) its investigation was conducted pursuant to a legitimate purpose; (2) information that the agency requested was relevant to that legitimate purpose; (3) the agency did not already possess the information requested; and (4) the agency followed necessary administrative steps, in issuing the subpoena.

3:16cv358
Meyer, J.

Middlesex J.D., at Middletown

Baldwin v. Wolfe

Motion to Relocate to Work in Film Industry Denied

A parent's request to relocate with his minor child so that he could pursue his dream job in the film industry was not in the best interests of the minor child.

FA10-4011811
Gould, J.

Department of Energy and Environmental Protection

In the Matter of: Silver Sands State Park

Silver Sands Boardwalk Application Won Approval

The Coastal Management Act encouraged public access to the waters of Long Island Sound, provided that proposed construction activities did not involve dredging or filling, were elevated on low-impact pile, did not interfere with navigation and did not restrict tidal circulation.

201500185
Collette, Hearing Officer

Fairfield J.D., at Bridgeport

Velazquez v. State

Corrections Officer Alleged He Was Called 'Homo' and 'Fa----'

The Connecticut Superior Court might lack jurisdiction, if a plaintiff failed to exhaust administrative remedies for sexual orientation discrimination before the Connecticut Commission on Human Rights and Opportunities.

CV15-6051925
Wenzel, J.

Connecticut Appellate Court

Bloch v. Ullman

Pro Se Who Sued Attorneys Did Not File Timely Recognizance Bond

A pro se plaintiff was required to file a recognizance bond when he returned the summons and complaint to court.

AC 37847
Lavine, J.

Compensation Review Board

Allen v. Conn. Transit

Conn. Transit Driver Falsely Claimed Chest Collided with Steering Wheel

A trial commissioner could credit a claimant's testimony, even if one aspect of the claimant's testimony was clearly false.

6036 CRB-3-15-9
Mastropietro, with Walker and Morelli

Connecticut Appellate Court

Mensah v. Mensah

Length of Marriage Did Not Merit Automatic Award of Alimony

The trial court could consider the length of the marriage, the causes of dissolution, and the age, health, stations, occupations, amounts and sources of income, vocational skills, employability, estate and needs of the parties when it decided whether to award alimony.

AC 37412
Beach, J.

Connecticut Supreme Court

Gershuny v. Gershuny

Legislature Recognized Marriages Performed by Fake New York 'Rabbi'

Because the New York legislature recognized the parties' marriage as valid, even though the individual who performed it was not actually authorized to perform marriages in New York, the marriage was also valid in Connecticut, pursuant to the Full Faith and Credit Clause of the United States Constitution.

SC 19647
Per Curiam

Connecticut Supreme Court

State v. Wright

Trial Court Wrongly Excluded Evidence about Victim's Consent

The trial court wrongly excluded material evidence, but the error was harmless.

SC 19233 and 19234
Zarella, J.

United States Court of Appeals for the Second Circuit

Smith v. Department of Correction

Allegedly, Plaintiff Missed Four Discovery Deadlines

Dismissal of a complaint is merited, if plaintiff's failure to comply with court orders established willfulness or conscious disregard for the discovery process.

15-868cv

New Haven J.D., at New Haven

Baca v. Ferriolo

Plaintiffs Alleged Continuing Danger from Chain Link Fence

To prevail on a claim of public nuisance, a plaintiff was required to prove: (1) the condition complained about had a natural tendency to create danger and to inflict injury on person or property; (2) the danger created was a continuing one; (3) the use of the land was unreasonable or unlawful; and (4) the existence of the nuisance was the proximate cause of the plaintiffs' injuries and damages.

CV15-6053943
Fischer, J.

Freedom of Information Commission

Romitti v. Comm'r State of Conn., Dep't of Emergency Serv. and Pub. Protection

Injured Motorcyclist Sought Records from Fatal Accident

Photographs of the accident scene, measurements taken by accident reconstructionists and the tape of the first 911 call of a fatal motorcycle accident were not exempt from disclosure.

2015-606
Freedom of Information Commission

Board of Mediation and Arbitration

Housing Auth. and AFSCME, Council 4, Local 1303-451

Parties Disputed Vacation Benefits of Long-Term Bookkeeper

An employer violated the terms of the collective bargaining contract when it did not allow vacation benefits to follow a long-term worker who entered the collective bargaining unit.

2016-A-0191
Hampton

Freedom of Information Commission

Tanner v. Maniago

Prisoner Did Not Prove that Torrington Police Withheld Records

The Freedom of Information Commission could impose penalties, if police department respondents did not obey orders to disclose records in a prior decision.

FIC 2015-666
Freedom of Information Commission

Fairfield J.D., at Bridgeport

Dawkins v. Gordon-Dawkins

Jamaican Wife Awarded Lump Sum of $11,000

A court awarded a lump sum property distribution, so that a party received part of the equity in the marital residence and partial pay back of a loan.

FA15-6050036
Adelman, J.

Connecticut Supreme Court

State v. Brundage

Res Judicata Did Not Prevent Prosecution of Kidnapping Charges

The doctrine of res judicata did not apply where the state filed a substitute information charging new offenses, following a defendant's successful appeal from judgments of conviction and a remand for a new trial.

SC 19308
Espinosa, J.

Mashantucket Pequot Tribal Court

Digirolamo v. Otis Elevator Co.

Expert Testimony about Elevator Mechanics Not Required

If elevator doors malfunctioned, as alleged, expert knowledge, skill, training, experience, or education were not required to prove breach of duty.

CV-PI-2014-119
Londregan, J.

Fairfield J.D., at Bridgeport

State v. Belcher

14-Year-Old Sentenced to 60 Years Requested Resentencing

A youthful offender who was sentenced to the functional equivalent of life in prison was entitled to resentencing.

CR94-100508
Devlin, J.

Fairfield J.D., at Bridgeport

DeMattia v. Bank of Am.

Borrower Adequately Alleged Bank of America Violated CUTPA

Allegations that defendant financial institution breached its contracts, engaged in fraudulent misrepresentation and violated the Creditors' Collection Practices Act were sufficient to state an unfair trade practices claim.

CV14-6041948
Wenzel, J.

Freedom of Information Commission

Zhdanov v. Pres., Univ. of Conn.

Attorney-Client Privilege Did Not Protect Certain Emails

The attorney-client privilege covered communications transmitted in confidence between a public agency client and a government attorney.

FIC 2015-773
Freedom of Information Commission

Connecticut Supreme Court

State v. Perez

Mayor Wanted to Testify in One of Two Cases that Were Tried Together

Prejudice could develop, when two unrelated criminal cases against one defendant were tried together, and the defendant decided to testify in only one of the two, because juries tended to become suspicious of defendants who choose to testify selectively in one case and remain silent in another.

SC 19285
Palmer, J.

Stamford/Norwalk J.D., at Stamford

Higbie v. Higbie

Navy SEAL Objected To Restriction on Right to Bear Arms

Absent credible evidence that a former Navy SEAL was a danger to himself or others, or exhibited any significant mental health or substance abuse issues, a court did not impose any restrictions on his possession of firearms, other than those imposed by federal and state law.

FA15-5014539
Colin, J.

Waterbury J.D., at Waterbury

Sheehan v. Burnette

Wife Wanted Child Tax Credit on Income Tax Returns

If one spouse claimed the child tax credit on an income tax return, that could prevent the other spouse from claiming the child as a dependent.

FA03-0177866
Nastri, J.

Stamford/Norwalk J.D., at Stamford

R&W Staffing v. O'Hara

Staffing Company Alleged it Was Entitled to Conversion Fee

A company that provided temporary workers to individuals and companies could be entitled to a conversion fee, if the individual or company proceeded to hire the temporary worker as a permanent worker.

CV14-6023282
Adams, J.T.R.

Statewide Grievance Committee

Lovett v. Opin

Allegedly Lawyer Did Not Promptly Distribute Settlement

An attorney who allegedly did not promptly distribute settlement funds was ordered to take a continuing legal education course in legal ethics and IOLTA account management.

15-0464
Riccio, Freedman and Koffsky

United States Court of Appeals for the Second Circuit

Kovaco v. Rockbestos-Surprenant Cable

Social Security Claims Estopped Plaintiff's Claim He Was Qualified

A former worker who informed the Social Security Administration that he was unable to work as of a particular date was judicially estopped from alleging in a district court complaint that he remained capable of performing essential job functions as of that date.

15-2037cv
Cabranes, J.

New Britain J.D., at New Britain

BKR v. Town of Rocky Hill

Town Did Not Correctly Compute Size of West Side Marketplace Store

A court could find that a municipality did not correctly compute the gross leasing area of a grocery store when it reached a decision about fair market value.

CV14-6025202
Aronson, J.T.R.

Citizen's Ethics Advisory Board

Advisory Opinion 2016-1

Former Trooper Can Work as Municipal Cop Within One Year

A former Connecticut State Trooper can engage in post-state employment as a police officer for a municipality that also receives services or supervision from the Department of Emergency Services and Public Protection, without violating the "revolving door" provision.

2016-1
Chiusano, Chair

United States District Court

Pettengill v. Fireman's Fund Ins.

Insurer Entitled to $600,000 Set Off for Payment to Mortgagee

If a mortgagee sought and obtained reimbursement from an insurer for a loss pursuant to an insurance policy, the insured might not be entitled to a double recovery under the policy.

3:13cv154
Eginton, J.

Connecticut Supreme Court

Hinds v. Comm'r of Correction

Defendant Was Entitled to New Trial on Kidnapping Charge

If reasonable jurors could have concluded that petitioner did not intend to restrain a victim for any purpose other than to commit a sexual assault, the trial court should have provided a Salamon instruction.

SC 19393 and 19394
McDonald, J.

Stamford/Norwalk J.D., at Stamford

Simonson v. Simonson

Husband Taped Conversation without Wife's Knowledge

The court barred the use during discovery and trial of a conversation that defendant husband taped without plaintiff wife's knowledge and consent.

FA15-6025703
Colin, J.

Ansonia/Milford J.D., at Milford

State v. Bristol

Five Years for Second-Degree Assault with Pickup Truck Affirmed

An individual who allegedly drove a pickup truck under the influence and collided with a motorcyclist could be sentenced to five years in prison.

CR14-87842
Kahn, J., Alexander, J., and Ginocchio, J.

Connecticut Appellate Court

Bennett v. Bowditch

Plaintiff's Predecessor Won Property Via Adverse Possession

When plaintiff's predecessor in interest won title to disputed areas, as a result of adverse possession, that extinguished an easement that previously had provided access to the disputed areas to defendants.

AC 37243
Beach, J.

United States Court of Appeals for the Second Circuit

Stephenson v. Lynch

Jamaican Claimed Res Judicata Barred 2nd Deportation Proceeding

The government was allowed to commence a second deportation proceeding and to charge an alien as removable for his aggravated felony conviction, if the second charge was based on a different conviction for a distinct criminal offense than the conviction underlying the first charge.

15-122

New Haven J.D., at New Haven

University of New Haven v. Agosto

1st Impression on University's Collection of a Perkins Loan

An individual who borrowed money could be required to pay "reasonable collection costs," pursuant to 20 United States Code §1091a.

CV15-6057921
Fischer, J.

Hartford J.D., at Hartford

Schnaars v. Subramaniam

Dr. Was Qualified to Opine about 10-Hour Delay in Treating Appendicitis

A court could dismiss a medical-malpractice complaint that did not include a written opinion from a "similar health care provider," pursuant to Connecticut General Statutes §52-190a.

CV15-6062006
Dubay, J.

United States District Court

Rogers v. City of New Britain

African-American Found Stuffed Gorilla Dressed in his Clothes

An African American worker alleged that after he complained that he was called "my Ni--a" by a co-worker and that he received an unfavorable assignment more than his fair share of the time, he received negative evaluations, a request for sick leave was denied, and he found a stuffed gorilla dressed in his work clothes.

3:12cv1626
Underhill, J.

Citizen's Ethics Advisory Board

Advisory Opinion No. 2016-3

Conn. PURA Chair Was Offered Job on Board of Directors of MA Company

Public officials were not allowed to accept other employment that might affect their independence of judgment concerning official duties, pursuant to Connecticut General Statutes §1-84(b).

2016-3
Chiusano, Chair

Statewide Grievance Committee

Harrison v. Zeolla; Otero v. Zeolla; Neville v. Zeolla

Clients Alleged Attorney Ceased Working on Foreclosure Cases

An attorney who allegedly took little or no action on behalf of a client could be found to charge an excessive fee, in violation of Rule 1.5(a).

15-0296; 15-0369; 15-0450
Summa, Castillo and O'Sullivan

Hartford J.D., at Hartford

Manginello v. Church Homes Inc.

Genuine Issue When Actionable Harm Took Place

An actionable harm existed only when plaintiff discovered that she was injured and that defendant's conduct caused the injury.

CV13-6040833
Huddleston, J.

United States District Court

Alston v. Pafumi

Health Records Could Prove Whether Assault Took Place

Evidence concerning an inmate's condition following an alleged assault could be relevant on the question of whether the alleged assault took place.

3:09cv1978
Bolden, J.

Connecticut Supreme Court

State v. Banks

Expansion of DNA Data Bank Law Did Not Violate Ex Post Facto Clause

A law could violate the Ex Post Facto Clause, if the law subsequently punished as a crime an act that was innocent when committed.

SC 19246
Espinosa, J.

State Elections Enforcement Commission

Complaint by: Davis

No Proof Selectman Used Public Funds to Write Letter Against Referendum

Generally, "no expenditure of state or municipal funds shall be made to influence any person to vote for approval or disapproval" of any referendum question, pursuant to Connecticut General Statutes §9-369b.

2016-036
Castagno, Chair

Connecticut Appellate Court

Fiona v. Kevin

Alleged Threat to Slit Throat Was Insufficient to Prove Stalking

Proof of second-degree stalking required the applicant to establish: (1) defendant acted knowingly; (2) defendant engaged in a course of conduct directed at the victim; and (3) that conduct would cause a reasonable individual to fear for physical safety, pursuant to Connecticut General Statutes §53a-181d.

AC 38495
DiPentima, J.

United States District Court

Rodriguez v. Colvin

Disabled Applicant Alleged ALJ Ignored Crucial Evidence

Remand can be appropriate, if an administrative judge did not explain his decision not to discuss physical restrictions that might lead to a conclusion that applicant was disabled.

3:13cv1195
Martinez, J.

Office of the Attorney General

Letter to: Murray

AG Discussed Residential Placements for School Children

If a residential placement were required for a school-aged child to obtain meaningful educational progress, the school district might be required to pay.

2016-01
Jepsen, A.G.

Connecticut Supreme Court

NPC Offices LLC v. Kowaleski

Definition of 'Professional' Offices in Contract was Ambiguous

The term "professional offices" in a right-of-way agreement that created an express easement over defendant's driveway was ambiguous, and the Supreme Court construed the ambiguity in favor of plaintiff, as the grantee of the easement.

SC 19408
Eveleigh, J.

United States Court of Appeals for the Second Circuit

United States v. Moreno

Choking Incident Led Court to Increase Offense Level 8 Levels

United States Sentencing Guideline §2L1.2(b)(1)(C) permits an eight-level increase to the base offense level for illegal re-entry, if defendant previously was convicted of an "aggravated felony."

14-4700-cr and 14-4709-cr
Lynch, J.

New Haven J.D., at New Haven

Crismale v. Walston

Environmental Police Proved Probable Cause to Arrest

To prevail on malicious prosecution, plaintiff was required to prove: (1) defendants initiated criminal proceedings; (2) criminal proceedings terminated in plaintiff's favor; (3) defendants acted without probable cause; and (4) defendants acted with malice, for a purpose other than to bring an offender to justice.

CV14-6049358
Wilson, J.

Freedom of Information Commission

Doody v. Chief, Police Dep't, Town of N. Branford

Arrest Warrant and Police Report Were Exempt from Disclosure

Connecticut General Statutes §1-210(b)(3)(H) provided an exemption for records of law enforcement agencies not otherwise available to the public, if requested records were compiled in connection with the detection or investigation of crime.

FIC 2015-815
Freedom of Information Commission

Fairfield J.D., at Bridgeport

Kunschaft v. Kunschaft

Ex-Husband Proved Change in Finances as Result of Cohabitation

To prove that cohabitation changed his former wife's finances, a husband was not required to prove a substantial change in finances, only a clear change.

FA10-4032600
Adelman, J.T.R.

Statewide Grievance Committee

Bowler v. Elder

Lawyer Allegedly Paid Personal Expenses from IOLTA Account

Payment of personal expenses from an IOLTA funds account could violate Rule 1.15 of the Rules of Professional Conduct.

15-0270
Goulden and Sansone

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

Worker Sought Higher Pay for Working out of Job Classification

A collective bargaining contract provided that employees required to perform jobs in a higher job classification than their normal job classification should be paid at the rate of the higher classification.

2015-A-0345
O'Connell, McMahon and Alfonso

New Britain J.D., at New Britain

Conroy v. Idlibi

Dentist's Wife Awarded $1,250 per Week and $132,000 Lump Sum

A court awarded rehabilitative alimony to permit a homemaker to obtain education, training and skills to achieve self-sufficiency.

FA15-6029313
Carbonneau, J.

Connecticut Supreme Court

State v. Jamison

Lack of Accomplice Credibility Instruction Was Not Plain Error

Although the trial court's failure to provide, sua sponte, an instruction to the jury to carefully scrutinize the testimony of defendant's accomplice constituted error, it did not require reversal of the verdict.

SC 19409
Palmer, J.

United States Court of Appeals for the Second Circuit

United States v. Cohan

Conn. Lawyer Alleged Government Materially Breached Loan Contract

The government was entitled to use adjusted gross income from the most recent year for which it possessed income information when it computed the payment owed on a promissory note.

15-2096-cv

Connecticut Supreme Court

State v. Arias

Office Manager Sought to Suppress Statement at Police Station

To establish he was entitled to a Miranda warning, defendant was required to prove he was subjected to police questioning when he was held in custody.

SC 19587
Vertefeuille, J.

Fairfield J.D., at Bridgeport

Lopez v. City of Bridgeport

Mother Alleged Special Ed Child Was Sexually Attacked by Classmate

An individual who was an identifiable person subject to imminent harm could qualify for an exception to government immunity.

CV15-6051932
Bellis, J.

Statewide Grievance Committee

Bowler v. Cannatelli

Allegedly Wallingford Lawyer Commingled Funds in IOLTA Account

An attorney who allegedly used his IOLTA account to pay personal and business expenses, although he previously agreed that he would not pay personal expenses from his IOLTA account, was ordered to be presented.

14-0571
Goulden, Sheridan and Golger

United States District Court

Pelletier v. Purdue Pharma

Worker Did Not Allege Sex Discrimination Based on Stereotyping

Title VII prohibited gender stereotyping based on gender norms and societal notions about how men or women should conduct themselves.

3:15cv233
Meyer, J.

United States Court of Appeals for the Second Circuit

United States v. Illarramendi

Defendant Appealed 156-Month Sentence for Ponzi Scheme

The district court relied on gains of more than $20 million from defendant's Ponzi scheme when it computed a United States Sentencing Guidelines range.

15-526

United States District Court

United States v. Jones

Model Prisoner Completed Supervised Release Early

A court possessed discretion to end supervised release early, pursuant to 18 United States Code §3583(e)(1).

92cr39
Bolden, J.

Putnam J.D., at Willimantic (Child Protection Session)

In Re: Ethan

Tracker Indicated Violent Husband Resided with Wife

A court found it was in the best interests of the minor children to commit them to the custody of the Department of Children and Families.

W10-CP14-016753A and W10-CP14-016754A
Foley, J.T.R.

Connecticut Supreme Court

Webb v. Comm'r of Correction

Convicted Murderer Daniel Webb Won Reversal of Death Penalty

The legislature's enactment of Public Act 12-5 made the death penalty unconstitutional, as it applied to an individual sentenced to death for a capital felony committed prior to the effective date of Public Act 12-5.

SC 18857
Per Curiam

United States District Court

Gonzalez v. Waterbury Police Dep't

Cops Alleged Plaintiff Was Unable to Identify Alleged Rock Thrower

In an excessive use of force case, a jury could rely on a combination of factors that included direct testimony, cross examination and circumstantial evidence to find that a particular individual was responsible.

3:12cv478
Underhill, J.

Stamford/Norwalk J.D., at Stamford

Keusch v. Keusch

Mother of Three Kids Awarded $12,500 per Month and Residence

A court could consider the parties' jobs, health, assets and sources of income when it awarded alimony and child support.

FA14-4026981
Tindill, J.

State Elections Enforcement Commission

Referral by: von Braun

O'Neil Campaign Produced Flyer that Promoted Another Candidate

A candidate committee could only make expenditures that promoted the candidate for which the candidate committee was formed.

2015-192B
Castagno, Chair

United States District Court

Edwards v. Stewart

Suit Against Hamden Police Alleged Emotional Distress, Tortious Conduct

Allegations of emotional distress and tortious conduct were insufficient to allege a federal cause of action.

3:15cv1257
Haight, J.

Statewide Grievance Committee

Stanfield v. Dixon

Mystic Lawyer Allegedly Did Not Communicate Adequately

A lawyer admitted that evidence existed that he did not communicate adequately with a client, in violation of Rule 1.4, and he agreed to participate in a fee dispute program.

14-0765
Cousineau, Esq., and Matthews

Connecticut Supreme Court

Lewis v. Clarke

Limo Driver Was Entitled To Tribal Sovereign Immunity

Even if defendant was sued in his individual capacity, the doctrine of tribal immunity extended to allegations that defendant, an employee of a Native American tribe, was acting within the scope of employment at the time of a motor-vehicle accident.

SC 19464
Eveleigh, J.

United States District Court

Langer v. 121 Inflight Catering LLC

68-Year-Old Driver Did Not Prove Discriminatory Failure to Hire

Allegations that defendant's employee stated that defendant intended to hire "young, energetic guys" to work as drivers were insufficient to prove that defendant's nondiscriminatory business rationales for a decision not to hire constituted a pretext for age discrimination.

3:14cv861
Shea, J.

United States District Court

Cote v. United of Omaha Life Ins. Co.

Court Granted Untimely Request For Trial by Jury

Fed. R. Civ. P. 38(b) required a written jury demand to be served "no later than fourteen days after the last pleading directed to the issue [was] served."

3:14cv1644
Bolden, J.

State Elections Enforcement Commission

Complaint by: Godbout

Complainant Did Not Prove that Respondents Violated 75-Foot Rule

The 75-foot rule, which prohibited electioneering within 75 feet of the "outside entrance" of a polling place, applied only to entrance doors.

2015-161
Castagno, Chair

Board of Mediation and Arbitration

Town of Southbury and Southbury Police Assoc.

Town Did Not Act in Bad Faith when it Enforced Cap on Unused Sick Leave

A municipality could enforce a cap in a collective bargaining contract that permitted workers to accumulate no more than 120 days of unused sick leave.

2016-A-0139
Weiner, Kuehnel and Podurgiel

New Britain J.D., at New Britain

Zak-Rejinak v. Rejniak

Child Allegedly Distributed Mother's Property Prior to Death

To prevail on an unjust enrichment claim, plaintiff was required to prove: (1) defendants were benefitted; (2) defendants unjustly did not pay plaintiff for the benefit; and (3) defendants' failure to pay harmed plaintiff.

CV15-6029937
Swienton, J.

United States District Court

Beyer v. Anchor Insulation

Defense Sought Sanctions for Failure to Preserve Evidence

Defendants were entitled to an adverse inference that floor coverings that were removed from the plaintiffs' home one day prior to a home inspection would have been favorable to the defense.

3:13cv1576
Margolis, J.

Connecticut Appellate Court

Guzman v. Yeroz

Defendant Did Not Request Plain Error Review of $386,070 Award

Absent an affirmative request from the appellant, the appellate courts could refuse to apply the plain error doctrine.

AC 37436
Prescott, J.

United States District Court

UCF I Trust I v. DiMenna

$23 Million PJR Granted Based in Part on Theory of Unjust Enrichment

To prevail on unjust enrichment, plaintiff was required to prove defendants were unjustly enriched, defendants did not pay for the benefit and plaintiff was harmed by the failure to pay.

3:16cv156
Bolden, J.

Connecticut Supreme Court

McKeon v. Lennon

Stock Options Wrongly Excluded from Computation of Gross Income

Exercised stock options and restricted stock that vested should be considered part of gross income, for purposes of computing child support.

SC 19470
Zarella, J.

Connecticut Appellate Court

Cornelius v. Comm'r of Correction

Bomb Maker Alleged that Prison Wrongly Rescinded Good-Time Credit

Even if the state court wrongly rescinded good time-credit, a ruling to that effect would not provide the habeas petitioner practical relief, after he finished serving a state court sentence and began serving his federal court sentence.

AC 37861
Per Curiam

United States Court of Appeals for the Second Circuit

United States v. Voloshin

27 Months of Supervised Release Was Reasonable

A requirement that a defendant undergo 27 months of supervised release was both procedurally and substantively reasonable.

14-4364-cr

Connecticut Supreme Court

State v. Buhl

Facebook Posts Were Sufficient to Convict on Breach of Peace

An individual could be found guilty of second-degree breach of the peace if, with "intent to cause inconvenience, annoyance or alarm," the person publicly exhibited, distributed, posted or advertised any "offensive, indecent or abusive matter concerning any person."

SC 19412 and SC 19413
Robinson, J.

Commission on Human Rights and Opportunities

Comm'n on Human Rights & Opportunities ex rel. Saraceno v. Midstate Med. Ctr.

Worker with Wedding Jitters Alleged Discharge Violated ADA

Allegations a worker was discharged, because the worker took a vacation immediately after taking a medical leave of absence, were sufficient to state claims under the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act.

1130445
Wright, J., Presiding Human Rights Referee

State Elections Enforcement Commission

Complaint by: Pivirotto

Registrar Accepted Petitions with Signatures for DTC Slate

The identity of the petition circulator was obvious on the face of petitions that contained signatures for a town committee primary, because the name appeared at the top of each form in print.

2016-005
Castagno, Chair

Stamford/Norwalk J.D., at Stamford

Knight v. Brog

Former Skadden Arps Lawyer To Pay Wife $13,000 per Month

A court can consider the parties' earning capacities and education when it awards unallocated alimony and child support.

FA13-4026444
Colin, J.

Connecticut Appellate Court

Santarsiero v. Planning and Zoning Comm'n of the Town of Monroe

P&Z Found Natural Vegetation Provided a Sufficient Buffer

The Appellate Court could overturn the decision to grant a special exception to a zoning regulation that required a particular type of buffer, if the decision was arbitrary, illegal or an abuse of discretion.

AC 37813
Alvord, J.

Waterbury J.D., at Waterbury

Bumpus v. Bumpus

Husband in Contempt for Failure to Pay Attorney Fees

A party who willfully disobeyed a clear and unambiguous court order could be held in contempt of court.

FA13-4031246
Nastri, J.

Connecticut Supreme Court

State v. Conn. Emp. Union Indep.

UConn Worker who Was Caught Smoking Pot Won Reinstatement

Public policy did not require the discharge of a state employee who was caught smoking marijuana during work hours.

SC 19590
Rogers, C.J.

United States District Court

Lombardi v. Myers

Animal Control Officer Protested Arrest for Alleged Animal Cruelty

Plaintiff, an animal control officer, did not prove that police lacked probable cause to arrest, as a result of statements of co-workers that plaintiff allegedly shook a dog, threw a dog against a wall and yelled obscenities at a dog.

3:14cv1687
Bolden, J.

State Elections Enforcement Commission

Complaint by: Rudis

Unofficial Checkers Could Not Always Hear Citizens Speak

Citizens who spoke too softly for the unofficial checkers to hear were not required to speak up.

2014-173
Castagno, Chair

United States District Court

Wilmoth v. Merrill

Michigan Petition Circulator Won Temporary Restraining Order

Connecticut General Statutes §9-410(c) provided, "Each circulator of a primary petition page shall be an enrolled party member of a municipality of this state who is entitled to vote."

3:16cv223
Hall, J.

State Elections Enforcement Commission

Complaint by: Fardy

Former Campaign Worker Allegedly Marked up Flyers

A former campaign worker who allegedly acted alone when she marked up and distributed campaign flyers was not required to include "paid for by" and "approved by" attributions.

2014-029
Castagno, Chair

Connecticut Appellate Court

Sowell v. Dicara

Attorney Communication Violated Rule of Professional Conduct 4.2

An individual who directly contacts members of a board of directors without permission from their attorney can violate Rule 4.2 of the Rules of Professional Conduct—even if the agency has dissolved and is in the process of winding down.

AC 36921
Lavine, J.

Waterbury J.D., at Waterbury

Bilotto v. Dudzikowski

Tenant Not Responsible for Police Officer's Slip and Fall

A tenant who contacted police might not be legally responsible, if a police officer who responded slipped and fell on "green slime," because the tenant lacked possession and control of the exterior of the premises.

CV14-6023023
Roraback, J.

United States District Court

Sweeney v. Enfield Bd. of Educ.

Tenured High School Teacher Received Chance to Deny Threatening Students

A tenured teacher was entitled to oral or written notice of charges that he allegedly threatened high school students, an explanation of the employer's evidence and an opportunity to present his version.

3:14cv1511
Shea, J.

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Firefighter Allegedly Refused to Cooperate During Random Drug Test

A municipality could discharge a firefighter who allegedly refused to cooperate during a random drug test.

2015-A-0533
Toomey, Podurgiel and Hampton

United States District Court

Savage v. S. Conn. State Univ.

Tenured SCSU Professor Did Not Prove Discrimination

A decision not to permit plaintiff professor to teach summer classes and to pay plaintiff as though she was allowed to teach during the summer did not qualify as an adverse employment action.

3:09cv302
Meyer, J.

Board of Labor Relations

In the Matter of Hartford and Hartford Firefighters Assoc.

Hartford Did Not Properly Compute Back Pay Owed to Reinstated Worker

A municipality that failed to comply with an arbitration award could violate the Municipal Employee Relations Act.

4905
Collins, Dellapina and Leech

New Haven J.D., at New Haven

Kaf v. Soliman

Husband who Allegedly Was Sexually Abusive at Greater Fault

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

FA14-4062659
Shluger, J.

Board of Labor Relations

City of New Haven v. Local 3144, Council 4, AFSCME, AFL-CIO

Union Proved City Harassed and Retaliated Against Union President

"Employees shall have . . . the right . . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion," pursuant to Connecticut General Statutes §7-468(a).

4898
Battey, Collins and Low

New London J.D., at Norwich

Brown v. Brown

Husband in Willful Contempt for Failure to Pay College Tuition

A party's inability to obey an order could provide a good defense to a claim of contempt of court.

FA06-4104682
Hadden, J.

Connecticut Appellate Court

Estela v. Bristol Hospital Inc.

Doctor Failed to Prove Mistake or Accident Prevented Prosecution

Proof that mistake, accident or other reasonable cause prevented plaintiff from prosecuting a complaint was required to demonstrate that a motion to open a judgment of nonsuit should have been granted.

AC 36526
Prescott, J.

New Britain J.D., at New Britain

State v. Yeaw

48 Years For Lying in Wait and Firing at Police Affirmed

An individual who allegedly turned out the lights, armed himself, lay in wait for the police to arrive and then fired at them could be convicted of attempted assault on public safety personnel.

CR12-263009
Fischer, J., Alexander, J. and Ginocchio, J.

Connecticut Supreme Court

State v. Drakes

Forcible Collection of DNA Did Not Violate Double Jeopardy

The due process and personal liberty guarantees in the Connecticut Constitution have been interpreted to protect against double jeopardy.

SC 19247
Espinosa, J.

Connecticut Appellate Court

Profetto v. Lombardi

Ex-Wife Sought Foreclosure when Husband Did Not Pay Back Loan

The trial court's order that the husband pay back a loan that the wife made to the husband during the marriage constituted a "money judgment," as opposed to a "family support judgment."

AC 37756
Per Curiam

Stamford/Norwalk J.D., at Stamford

Batista v. Ehrlich; Batista v. The Norwalk Hosp.

Doctor Requested that Expert Disclose Written Medical Letters

A court denied defendant doctor's attempt to discover whether plaintiffs' disclosed expert also authored the written medical opinion attached to the complaint.

CV14-6023277
Genuario, J.

Fairfield J.D., at Bridgeport

Rosenberg & Press v. Success Vill. Apt.

Rosenberg Firm Won $53,212 on Breach-of-Contract Count

A client that signed a retainer agreement and that allegedly failed to pay for legal services could breach a contract.

CV14-6044607
Kamp, J.

New Haven J.D., at New Haven

K&S Main Prop. v. Empire Serv.

Roofer Alleged Client's Principal Reneged on Promise To Keep Off Roof

Allegations that plaintiff falsely promised to keep its representatives out of the construction area and then reneged and misrepresented the terms of the agreement were insufficient to state an unfair trade practices claim.

CV14-6050567
Blue, J.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. TD Bank

Plaintiff Alleged TD Bank Deprived it of Pick-Up Fees

Conduct that defied the reasonable expectations of the parties and deprived one party of the expected benefit of a bargain could violate the covenant of good faith and fair dealing.

CV10-6007649
Moukawsher, J.

Stamford/Norwalk J.D., at Stamford

Vaid v. Equinox Greenwich Old Track Rd. Inc.

Defense Motion To Set Aside $10 Million Verdict Denied

Ruling on a motion to set aside a $10.8 million verdict, a court rejected claims that evidence of causation was insufficient, that cardiac injuries were not foreseeable and that jury instructions were incorrect.

CV13-6019426
Lee, J.

New Haven J.D., at New Haven

Gaetano v. Pluchino

Parties Who Ended Relationship to Sell and to Divide Net Proceeds

A court could partition a property that was owned jointly by two parties.

CV15-6053139
Burke, J.

United States District Court

St. Louis v. Perlitz

Sex Trafficking Law Not Applicable in Foreign Country

A federal law that imposed liability for sex trafficking activity lacked extraterritorial application and did not apply unless the sex trafficking activity took place in the United States.

3:13cv1132
Chatigny, J.

United States District Court

SCS Direct v. Insassy

'Loom Bands' Trade Dress Was Inherently Distinctive

The Lanham Act protected a product's trade dress, if the trade dress was inherently distinctive or acquired a secondary meaning in the marketplace.

3:14cv20
Arterton, J.

United States District Court

Flynn v. Directv

Plaintiffs Alleged Directv Installed Satellite Dishes and Abandoned Them

CUTPA did not require that a direct business relationship exist between the parties. Allegations that defendants entered plaintiffs' property, affixed satellite dishes without permission and abandoned the satellite dishes were sufficient to state a CUTPA claim.

3:15cv1053
Meyer, J.

Tolland J.D., at Rockville

State v. Christensen

Counsel for Deceased Victim Objected to Sentence Reduction

An individual who allegedly committed second-degree manslaughter and second-degree assault with a motor vehicle when driving under the influence could be sentenced to seven-and-one-half years in prison.

CR14-106367
Fischer, J., Alexander, J. and Ginocchio, J.

United States District Court

United States v. Eastman

Fake Pop Star Allegedly Persuaded Teenage Girls to Expose Themselves

On a motion to suppress, a defendant possessed the burden to prove that law enforcement subjected defendant to a search and seizure without a search warrant.

3:16cr6
Shea, J.

United States District Court

MGM Resorts Int'l v. Malloy

MGM's Equal-Protection Suit Failed to Adequately Allege Injury

Article III required that the alleged injury be concrete, particularized, actual or imminent.

3:15cv1182
Thompson, J.

Connecticut Supreme Court

Hart v. Fed. Express Corp.

Fedex Worker's Heartbeat Was 300 Beats per Minute

Psychological as well as physical injuries from cardiac arrhythmia were compensable under the Workers' Compensation Act. The following facts were relevant.

SC 19523
Espinosa, J.

New London J.D., at New London

Rice v. Ryders Health Management Inc.; Rice v. Mystic Manor Nursing & Rehabilitation Ctr.

Occupational Therapist Awarded $100,000 for Distress

Rejecting claims that discharge alone was insufficient to prove negligent infliction of emotional distress, a court found that plaintiff provided sufficient evidence that defendants deceitfully lured plaintiff away from a previous employer and then encouraged dubious charges and discharged plaintiff, after plaintiff developed the programs that defendants sought.

CV11-6008602 and CV13-6016915
Vacchelli, J.

New Haven J.D., at New Haven

Bonner v. City of New Haven

Cop's Breach-of-Contract Suit Against Conn. Judge Dismissed

The word "employee" in Connecticut General Statutes §52-57(b)(7) was restricted to current employees.

CV15-6058987
Wilson, J.

Stamford/Norwalk J.D., at Stamford

O'Hara v. O'Hara

Litigant Ordered to Request Permission, Prior to Filing Motions

A court possessed the discretion to require that a litigant request permission, prior to filing a motion.

FA04-4001078
Jacobs, J.

Freedom of Information Commission

Franklin v. Semple

DOC's Failure to Search for Old Record Technically Violated FOIA

A Catholic services roster that might prove that an inmate did not attend Catholic services qualified as a public record.

FIC 2015-586
Freedom of Information Commission

Waterbury J.D., at Waterbury

Osborn v. City of Waterbury

5th Grader Who Was Beat up During Recess Awarded $67,090

A court could award economic damages for medical expenses and non-economic damages for scarring and emotional distress to the victim of a physical assault.

CV13-6018305
Sheedy, J.T.R.

United States Court of Appeals for the Second Circuit

United States v. Crozier

Attorney Defendant Sought to Represent Himself as Co-Counsel

A criminal defendant lacked a constitutional right to represent himself, as co-counsel.

15-572-cr

Freedom of Information Commission

Schulman v. Comm'r, State of Conn., Dep't of Correction

Legal Assistance to Inmates Bid Did Not Contain Trade Secrets

To qualify for a statutory "trade secret" exemption, a substantial element of secrecy must exist, to the extent it would be difficult to acquire the information without improper methods.

2015-382
Freedom of Information Commission

Freedom of Information Commission

Poindexter v. Harp

City of New Haven Claimed Attorney-Client Privilege

A municipality that first claimed that records were exempt from disclosure as a result of attorney-client privilege and then (several months later) provided the records to complainant, did not respond promptly, in violation of the Freedom of Information Act. On June 17, 2015, complainants requested "any and all communications . . . from and to Michael Dolan[,] to and from John Rose[,] and/or any other City of New Haven" workers concerning Nicole Jefferson and "any and all invoices for Michael Bayonne."

2015-459
Freedom of Information Commission

New London J.D., at New London

Rice v. Ryders Health Mgmt

Worker Prevailed on Wrongful Discharge and Emotional Distress

A court could reduce attorney fees as a result of partial success.

CV11-6008602 and CV13-6016915
Vacchelli, J.

United States District Court

Chapman v. Ouellette

Officials Did Not Violate Student's Procedural Due-Process Rights

High school officials who suspended a student for 10 days provided procedural due process, because officials explained why he was being suspended and provided the student an opportunity to explain and to furnish his version.

3:14cv1411
Shea, J.

United States Court of Appeals for the Second Circuit

Crenshaw v. City of New Haven

Prospective Firefighter Lacked Property Interest in Conditional Offer

To prove a violation of procedural due process under 42 United States Code §1983, a plaintiff was required to prove that he possessed a protected property interest.

15-3484-cv

United States District Court

Stanley v. Taylor

'Three Strikes' Rule Invoked to Dismiss Civil-Rights Complaint

A prisoner who previously filed three complaints that were dismissed as frivolous, and who did not allege imminent physical danger, could not proceed in forma pauperis on a civil-rights claim.

3:15cv1722
Bryant, J.

Freedom of Information Commission

Asatov v. Comm'r State of Conn., Dep't of Veterans Affairs

Job Seeker Requested Copies of Competitors' Applications

If an exam were required and an individual other than the job applicant requested disclosure of examination papers, the examination papers might be exempt from disclosure.

2015-526
Freedom of Information Commission

Board of Mediation and Arbitration

Town of Brookfield and AFSCME, Council 4, Local 1544

Town Implemented Premium Cost Sharing Retroactively

Although a union objected it did not agree that premium cost sharing would be retroactive, arbitrators concluded that the union did not carry its burden of proof.

2014-0050
Hampton and Podurgiel – Neary dissented

New Britain J.D., at New Britain

Imperial Dev. LLC v. Town of Coventry

Undeveloped Lots Qualified for Forest Land Classification

Construction of four roads and the marketing efforts of the owner were insufficient to change the forest land classification of undeveloped lots that potentially could remain undeveloped for a decade.

CV15-6029662
Schuman, J.

United States District Court

Sberbank of Russia v. Traisman

Counterclaims Could Have Been Litigated in Russia

Res judicata prohibited defendant from relitigating defenses and counterclaims concerning guaranties of loans that he could have pursued in prior litigation in Rusia.

3:14cv216
Eginton, J.

New London J.D., at New London

Tasoulas v. Tasoulas

Brother Requested Sealing to Protect Family's Privacy

Although the court denied a motion to seal the entire file, it granted a motion to seal pictures of plaintiff's father, as he lay in his bed in a nursing facility, intubated.

CV15-5014977
Vacchelli, J.

United States Court of Appeals for the Second Circuit

Salazar v. Lynch

Mom Worried about Prostitution, if Children Return to Guatemala

Evidence failed to establish a reasonable probability that petitioner's daughters would be forced into prostitution, if returned to Guatemala.

14-2517

Hartford J.D., at Hartford

De Jiminez v. Monzon

Wife Feared for Life, Fled Country and Requested Divorce

Although the court lacked personal jurisdiction over defendant husband, it possessed subject-matter jurisdiction over the marriage as a result of allegations that plaintiff wife feared for her life as a result of escalating threats from husband, fled from Guatemala and moved to Connecticut, where she resided for more than one year.

FA15-6059982
Albis, J.

Hartford J.D., at Hartford

Howroyd v. New England Ski & Scuba

Allegedly, Instructor Did Not Recognize Decompression Sickness

Allegations that defendant offered scuba diving lessons, that defendant's agent or worker supervised plaintiff's dive, and that plaintiff was allowed to ascend too quickly and encouraged to dive a second time, were sufficient to state a claim.

CV15-6059915
Huddleston, J.

Fairfield J.D., at Bridgeport

Carter v. Ellerby

Customer Who Lost Finger Failed to Prove Negligence

A plaintiff who failed to prove that a defective condition on defendants' property caused plaintiff's partial amputation, or that defendants were negligent, could not prevail.

CV14-6047070
Rush, J.T.R.

Freedom of Information Commission

Nejfelt v. Mayor, Town of Plymouth

Mayor Was Invited by Private Citizen to Speak to Residents

When a private citizen invited an elected official to visit a park and to speak to residents, that did not qualify as a "public meeting," pursuant to Connecticut General Statutes §1-200(2).

2015-735
Freedom of Information Commission

Freedom of Information Commission

Paulsen v. Superintendent of Sch., Bethel Public Schools

School Reasonably Charged $20 to Use Smartphone to Photo Records

The Freedom of Information Act did not permit the use of smartphones to photo public records.

FIC 2015-663
Freedom of Information Commission

United States District Court

C-Tech of New Haven v. Univ. of Conn. Health Ctr.

Minority-Owned Company Failed to State an Equal-Protection Claim

To prevail on an equal-protection claim, plaintiffs were required to allege that similarly situated individuals or entities were treated differently.

3:15cv1058
Bryant, J.

United States District Court

United States v. Mack

Defendant Won Motion To Bifurcate and Hold Two Trials

Defendant proved that he would be substantially prejudiced as a result of evidence of his prior felony convictions The government prosecuted Dominique Mack and co-defendant Keronn Miller on charges of shooting Ian Francis, possession of a firearm (a Ruger SR9c 9mm semi-automatic pistol) by a convicted felon, and conspiracy to tamper with a witness.

3:13cr54
Shea, J.

Connecticut Appellate Court

Brown v. Otake

Dr. Did Not Prove Tortious Interference with Expectancy

A cause of action for tortious interference with a business expectancy required proof that defendants acted maliciously or were guilty of misrepresentation, molestation, intimidation or fraud.

AC 37691
Prescott, J.

Connecticut Appellate Court

Do v. Comm'r of Motor Vehicles

Driver Arrested for DUI Alleged A-44 Contained Errors

If a state trooper submitted sloppy paperwork that indicated in one area that the operator drove an Audi A4 and in another area that the operator drove a Mercedes Benz, the paperwork might not be considered reliable enough to be admitted into evidence.

AC 37712
Prescott, J.

Freedom of Information Commission

Shpak v. Superintendent of Sch., Oxford Pub. Sch.

Educational Records Were Exempt under FERPA

Educational records that concerned another child were exempt from disclosure, pursuant to the Family Educational Rights and Privacy Act.

2015-566
Freedom of Information Commission

State Elections Enforcement Commission

Complaint by: D'Appollonio

BOE Chairman Proved that He Paid for Referendum Flyers

Insufficient evidence existed that a chairman of a board of education, who distributed flyers that advocated the approval of a referendum budget, used a school copying machine and public resources to produce the flyers.

2015-149
Castagno, Chair

Board of Mediation and Arbitration

City of New Haven and CACP, Local Elm City

Grievance about Pay Was Not Filed Timely, within 15 Days

A collective bargaining contract that required workers to file grievances within 15 days of the date that they reasonably would have had knowledge of the occurrence that led to the grievance was enforceable.

2012-A-0684
Diaz and Boldry – Sevas dissented

Freedom of Information Commission

Sease v. Comm'r, State of Conn.

Inmate Requested Copies of Emails about Other Inmates

The Department of Correction could refuse to provide an inmate with information about other inmates as a result of security concerns.

2015-457
Freedom of Information Commission

Middletown J.D., at Middlesex

Bassford v. Bassford

Child Who Received $1 Failed to Prove Undue Influence

To prevail on a claim of undue influence, plaintiffs must prove not only undue influence but also that the operative effect was to cause the testator to make a will that did not reflect his actual testamentary desires.

CV15-6012903
Quinn, J.T.R.

Fairfield J.D., at Bridgeport

Nunez v. Krofssik

Couple Injured When Driver Left Lane of Travel Awarded $114,950

At a hearing in damages, a court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to a couple who were injured in a motor-vehicle accident.

CV14-6045770
Kamp, J.

Connecticut Appellate Court

State v. Adams

Conviction for Attempted Larceny at Dept. Store Reversed

To obtain a conviction of larceny by shoplifting, the state must prove that property defendant took was goods, wares or merchandise exposed for sale within the store.

AC 36701
Harper, J.

Connecticut Supreme Court

The Indian Spring Land Co. v. Inland Wetlands and Watercourses Agency

Inland-Wetlands Lacked Jurisdiction Over Road Construction on Forest Land

A landowner who was engaged in "farming" activities could perform them as of right and was not required to obtain inlands-wetlands approval.

SC 19591
Espinosa, J.

Hartford J.D., at Hartford

State v. Walker

15 Years for Stabbing Victim a Dozen Times in Back Affirmed

An individual who pled guilty to first-degree assault could be sentenced to 15 years in prison.

CR14-249856
Fischer, J., Hadden, J. and Ginocchio, J.

New Britain J.D., at New Britain

Comm'n on Human Rights and Opportunities v. Specialty Transportation

85-Year-Old Driver Did Not Prove Age Discrimination

A school bus driver was not able to prove disparate treatment, absent proof that the employer's other school bus drivers were "similarly situated."

CV15-6028765
Schuman, J.

New Haven J.D., at New Haven

DiPalma v. Rapoza

$74,834 Award to Plaintiffs Failed to Shock Court's Conscience

As a result of evidence that plaintiffs suffered from pre-existing injuries, a court could not find that a jury's award for injuries that resulted from a motor-vehicle accident shocked the court's conscience.

CV14-6045827
Wilson, J.

State Elections Enforcement Commission

Complaint by: Labella

Donation to Political Party Violated State Contractor Ban

A political donation to a party committee from the principals of a company that held a valid prequalification certificate from a state agency violated the state contractor contribution ban.

2014-46A
Castagno, Chair

New London J.D., at New London

Mesa Underwriters Specialty Ins. v. Bella Fiore

Plaintiff in Underlying Case Allegedly Was Assaulted

A court can find that an alleged assault at a restaurant did not qualify as an "occurrence" or "accident" for purposes of insurance.

CV13-6019285
Leuba, J.T.R.

Board of Mediation and Arbitration

City of Stamford and AFSCME, Council 4, Local 2657

Worker Requested Additional Pay for Working During Emergencies

A collection bargaining contract could require a worker to file a grievance complaint within 10 working days of the time that action was taken or the dispute arose.

2015-A-0398
Brown, Diaz and Mandell

Connecticut Appellate Court

Prenderville v. Sinclair

Plaintiffs Did Not Promptly Serve Summons and Complaint

Although the Supreme Court explained in Coppola v. Coppola that an erroneous return date was a curable defect, plaintiffs' proposal to amend the return date in a medical-malpractice action was not in compliance with the two-month restriction in Connecticut General Statutes §52-48(b).

AC 36931
Mullins, J.

Tolland J.D., at Rockville

Betancourt v. Warden

Defense Did Not Know About State's Chief Witness' Agreement

If the state's chief witness reaches agreement with the state that will confer a benefit on the witness for his testimony, and the defense is unaware of the agreement, that can provide grounds to grant a petition for a writ of habeas corpus.

CV12-4004762
Oliver, J.

United States District Court

Prezio Health v. Schenk

Worldwide Covenant Not To Compete Was Not Enforceable

A covenant not to compete that was unrestricted in geographical area was not reasonable, and a court found that the covenant was not enforceable.

3:13cv1463
Eginton, J.

Connecticut Appellate Court

Whitney v. J.M. Scott Assoc.

$1.3 Million Award for Loss of Benefit of Bargain Affirmed

The trial court properly restored the injured party to the position he would have enjoyed, if the wrong had not been committed.

AC 36912
Pellegrino, J.

State Elections Enforcement Commission

Complaint by: Jansen

SEEC Approved Citizens' Election Grant That Was $11,140 Too Much

The amount of money that a candidate was entitled to from the Citizens' Election Fund varied based on whether his opponents were from major or minor political parties.

2014-131
Castagno, Chair

Hartford J.D., at Hartford

State v. Terry

15 Years for Stabbing Victim in Heart Affirmed

An individual who stabs a victim with a knife during a fight can be sentenced to 15 years in prison.

CR12-659597
Fischer, J., Hadden, J., and Ginocchio, J.

United States District Court

United States v. Valentin

Intercepted Call Was Useful to Prove Narcotics Conspiracy

A phone call that discussed buying narcotics and recruiting another individual was made during and in furtherance of a conspiracy and was admissible, except for comments about violence toward a police officer that were more prejudicial than probative.

3:14cr55
Bryant, J.

Hartford J.D., at Hartford

Violette v. State; Gilgrados v. State

'Sudden Emergency' Doctrine Did Not Apply To Mosquito Swarm

The "sudden emergency" doctrine was restricted to situations in which: (1) an actual emergency existed; (2) defendant did not cause the emergency; and (3) when confronted with the emergency, defendant chose a reasonably prudent course of action.

CV13-6040420 and CV13-6042521
Epstein, J.

United States District Court

McLean v. Univ. of Conn. Health Ctr.

UConn Psychologist's Claim for Constructive Discharge Dismissed

Allegations that plaintiff was denied the opportunity to take one week of unpaid vacation were insufficient to allege that work conditions were so intolerable that a reasonable individual would have been compelled to resign.

3:15cv1771
Underhill, J.

New Haven J.D., at New Haven

Nuterangelo v. Scott

1st Responder Not Exempt for Disobeying Traffic Signal

Connecticut General Statutes §14-283 required that a first responder exercise due care for safety of others and use an audible warning signal and flashing lights.

CV12-6030853S
Burke, J.

Hartford J.D., at Hartford

Cohen v. Office of the Probate Court Admin.

Former Judicial Branch Worker Sought to Keep Records Private

A former state employee who allegedly was referred to discipline and was discharged was not entitled to prevent the state from disclosing confidential personnel files and records.

Robaina, J.
Robaina, J.

Hartford J.D., at Hartford

Johnson-Jones v. Jones

Wife of 17 Years Awarded Car, $52K Lump Sum and $50 per Week

A court may consider the parties' health, resources and retirement incomes when it awards alimony and distributes property.

FA15-6061180
Suarez, J.

Fairfield J.D., at Bridgeport

D'Eramo v. D'Eramo

Arrest Led To Discharge from Job in Reinsurance Industry

A court can deny a motion to modify alimony and child support, if a party lost his job because of misconduct.

FA11-4035364
Owens, J.T.R.

Connecticut Supreme Court

Wheelabrator Bridgeport L.P. v. City of Bridgeport

Court Wrongly Rejected Cash Flow Approach to Valuation

The discounted cash flow approach can be used to assess the fair market value of a waste-to-energy facility that accepts tipping fees and sells electricity.

SC 19288
Zarella, J.

Hartford J.D., at Hartford

Mahon v. City of Hartford

High School Student Won $1.01 Million for Hallway Eye Injury

A court can award economic damages for medical expenses and non-economical damages for pain and suffering to a high school student injured when another student threw a bottle in a dark hallway.

CV13-6042701
Peck, J.

Hartford J.D., at Hartford

Santos v. Bailey

Patient Alleged Wrongful Touching During Hernia Exam

Allegations that defendant doctor wrongfully touched plaintiff during a hernia exam can be sufficient to allege a claim for medical malpractice.

CV15-6057532S
Noble, J.

Citizen's Ethics Advisory Board

Advisory Opinion 2015-6

1st Impression on 'Make-Work' Language in C.G.S. §1-97(c)

If no evidence exists of a lobbyist's "make-work" intent at the time that the lobbyist attempts to influence legislation, the prohibition against "make work" conduct in Connecticut General Statutes §1-97(c) will not bar the lobbyist from working to promote or to defeat the proposed legislation.

2015-6
Chiusano, Chair

United States District Court

Outlaw v. City of Hartford

Plaintiff Awarded $454,197 for Officer's Use of Excessive Force

A court can find that a reasonable officer would not have repeatedly struck a citizen who lay unresisting on the ground.

3:07cv1769
Crawford, J.

New Haven J.D., at New Haven

Leigh v. Schwartz

$4.25 Million Medical-Malpractice Verdict Affirmed

In a medical-malpractice case, a jury was allowed to rely on expert testimony, even though the testimony was based on an inference.

CV11-6018306
Wilson, J.

New Haven J.D., at New Haven

Deneutte v. City of New Haven

Plaintiff With Alzheimer's Could Not Recall Details of Fall

A former attorney's proposed testimony about his conversation with his client before his client suffered from Alzheimer's constituted hearsay and was not admissible.

CV13-6036798
Fischer, J.

Hartford J.D., at Hartford (Housing Session)

High Line Lube v. Hickory N. Properties

Tenant Won Injunction To Enforce Restrictive Covenant

A likelihood existed that a tenant could enforce a restrictive covenant that prevented a landlord from entering into a lease with a competitor.

CVH-8461
Woods, J.

Connecticut Appellate Court

Conn. Hous. Fin. Auth. v. Alfaro

Foreclosure Defendant Was Not Entitled to Attorney Fees

Absent evidence that plaintiff withdrew a foreclosure complaint in response to defendant's defense, defendant was not entitled to attorney fees pursuant to Connecticut General Statutes §42-150bb.

AC 37265
Prescott, J.

Mashantucket Pequot Tribal Court

Lamoureux v. Mashantucket Pequot Gaming Enter.

Plaintiff Slipped on Ice After Playing Bingo at Foxwoods Casino

To prevail on a claim for breach of the duty owed to a business invitee, a plaintiff must prove that defendant had actual or constructive knowledge of the dangerous condition that caused her to slip and fall.

MPTC-CV-PI-2014-172
O'Connell, J.

Freedom of Information Commission

Weik v. Bd. of Selectmen

Assistant Town Clerk Was Unable To Post Agenda Timely on Web Site

A failure to post the agenda of a special meeting on a municipal Web site, 24 hours prior to the meeting, may not be the fault of the board of selectmen, if the assistant town clerk was unable to post the agenda as a result of computer difficulty.

FIC 2015-369
Freedom of Information Commission

New Britain J.D., at New Britain

State v. Carey

Jury Reasonably Found Jilted Woman Had Intent To Kill Lover

Intent to kill can be inferred from conduct such as the type of weapon, the manner of use, the type of wound and events that take place immediately before and after the wound was inflicted.

CR12-0261727
Keegan, J.

Connecticut Appellate Court

In Re: Daniel

Court Rejected Grandparents' Offer To Take on Challenging Kids

Grandparents who resided in another state might not be the most suitable guardians, if one had a criminal history and the other did not appear capable of managing children with challenging behavior.

AC 38454
Sheldon, J.

Stamford/Norwalk J.D., at Stamford

Shaw v. Five Mile River Works

Defendant Moved to Strike Second Count as Repetitious

Defendant filed a motion to strike, and the proper method to address pleadings that were unnecessary or repetitious was via a request to revise.

CV15-6025284
Povodator, J.

Connecticut Appellate Court

Michaels v. Michaels

Father Claimed Mother Should Have Filed New Motion to Modify

The Appellate Court rejected a claim that when mediation with family relations failed, the mother should have filed a new motion to modify visitation.

AC 37175
Sheldon, J.

Hartford J.D., at Hartford

Saporoso v. Chen

Commercial Tenants Left Premises in Damaged Condition

A landlord who proved that fixtures were removed improperly and utility lines were cut improperly was entitled to damages for repairs and cleaning, plus six months of lost rent and reasonable attorney fees.

CV13-6046353
Elgo, J.

New Haven J.D., at New Haven

Lazova v. Peitchev

Yale Dr. to Pay Child Support of $477/Week and Attorney Fees

A court can award attorney fees, if failure to award attorney fees would undermine other court orders.

FA05-4010255
Shluger, J.

United States District Court

Libertarian Party of Conn. v. Merrill

Libertarians Won Injunction in Professional Circulator Suit

Circulation of ballot access petitions constitutes core political speech, the restriction of which constitutes a severe burden that merits strict scrutiny.

3:14cv1851
Hall, J.

United States District Court

Caruso v. Colvin

'Treating Physician' Rule Did Not Apply To Claimant

The "treating physician" rule did not apply, because the opinions of treating physicians were contradicted by their own previous reports and other evidence in the record.

3:14cv1560
Hall, J.

United States Court of Appeals for the Second Circuit

Virag v. Goodwill of W. & N. Conn.

Prospective Employee Was Unable to Speak English

A prospective employee who is unable to speak English may not be able to prove that age was the "but for" cause of the employer's decision not to hire.

14-470

Harford J.D., at Manchester, G.A. 12

State v. Bartlett

Defendant Who Paid Restitution Won Early Termination of AR

When a defendant pays restitution to the alleged victim, engages in counseling and successfully completes all conditions of accelerated rehabilitation, the court can terminate accelerated rehabilitation early and dismiss all charges.

CR14-0250065
Baldini, J.

Stamford/Norwalk J.D., at Stamford

Two Yale & Towne LLC v. Zoning Bd. of the City of Stamford

Design Guidelines Required that Signs be Helpful to Public

Although applicant objected that design guidelines were only advisory, a zoning board enforced guidelines that encouraged the use of signs that provided information helpful to the public.

CV15-6025012
Tobin, J.T.R.

State Elections Enforcement Commission

Complaint by: Aiken

Clinton Town Clerk Wrongly Assessed $500 in Late Fees

A party endorsement for a slate of candidates was effective not when made but when a certificate of party endorsement was delivered to the town clerk.

2015-181
Castagno, Chair

Office of the Attorney General

Letter to: Libbin

Conditional Pardon Did Not Result in Erasure of Records

If a pardon provided that an individual was not allowed to keep a pistol, revolver or handgun, the pardon was considered "conditional" for purposes of criminal erasure statutes.

2016-02
Jepsen, A.G.

United States Court of Appeals for the Second Circuit

U.S. v. Bandrich

NY Lawyer Who Resides in Danbury Sentenced as Leader

A lawyer who allegedly files hundreds of fraudulent immigration applications and is convicted can receive a sentencing enhancement for the lawyer's leadership role.

14-3104; 14-4390

State Elections Enforcement Commission

Complaint by: Lew

1st Impression on Attribution on Back 'Face' of Publication

An attribution that appeared on the outer back page of a newspaper-like communication was not printed on the "face" of the publication.

2015-155 and 2015-178
Castagno, Chair

Connecticut Appellate Court

Davis v. Davis-Henriques

Probate Court Found Will Was Not Witnessed by Two Individuals

Connecticut General Statutes §45a-251 requires that two individuals witness a will, and a proponent of a will must establish strict compliance with the statute.

AC 37495
Gruendel, J.

Fairfield J.D., at Bridgeport

R.A. Travel Inc. v. Sterling Executive Serv.

Plaintiff Proved it Arranged Travel Services for Musicians

A travel company that allegedly provided air transportation, hotel accommodations and ground transportation for entertainers and their entourages was entitled to damages for breach of contract.

CV14-6044356
Thim, J.T.R.

State Elections Enforcement Commission

SEEC Investigation

Contributor Who Did Not Identify Source of Contribution Fined $250

The State Elections Enforcement Commission fined an individual who allegedly donated $10 of his own money and $90 he collected from individuals in a bar and then signed a form stating that all the money originated from him.

2014-166
Castagno, Chair

United States Court of Appeals for the Second Circuit

Dotel v. Walmart

Worker Alleged Manager Said 'Women [Are] Good for Nothing'

A single, isolated remark that "women [are] good for nothing" may be insufficient to state a claim for hostile-work environment.

15-76

United States District Court

Larobina v. Citibank

Removal of FDCPA Claims Was Achieved Timely, Within 30 Days

The 30-day period in which to remove a lawsuit from Connecticut Superior Court to district court did not begin to run until defendants actually received a copy of the pleadings.

3:16cv153
Underhill, J.

United States District Court

Maratea v. State Dep't of Educ.

Caucasian Hairdressing Teacher Alleged Reverse Race Discrim

In a reverse discrimination claim, allegations that defendant favored individuals outside plaintiff's protected class were sufficient to allege an inference of discrimination.

3:14cv1785
Bolden, J.

New Haven J.D., at New Haven

Martinez v. Bart Realty LLC

Genuine Issues about Landlord's Duty of Care to Injured Customer

A landlord that maintained control and possession of premises could owe a duty of care to bar customers.

CV14-6049499S
Wilson, J.

New Haven J.D., at New Haven

Johnson v. Proto

Additur to Damages for Pain and Suffering Awarded

When a jury awards plaintiff a portion of plaintiff's medical expenses and does not award damages for pain and suffering, a court can award an additur.

CV13-6037713
Wilson, J.

United States Court of Appeals for the Second Circuit

Asante-Addae v. Sodexo Inc.

General Manager's Predecessor Had 20 Years More Seniority

Absent evidence that plaintiff and a predecessor were similarly situated in material respects, a plaintiff may not be able to prevail on a disparate pay claim.

15-1377

United States District Court

Dean v. Town of Hamden

Bar Did Not Prove Municipality Violated Equal-Protection Clause

To prove a class-of-one or selective enforcement equal- protection claim, plaintiffs were required to prove that comparators were similarly situated.

3:14cv448
Meyer, J.

United States District Court

Romag Fasteners Inc. v. Fossil Inc.

$288,857 Awarded for Litigating Attorney Fees, Post-Trial Motions

A court can reduce fees for litigating attorney fees and post-trial motions 25 percent as a result of partial success.

3:10cv1827
Arterton, J.

United States District Court

Medina v. Black

Prisoner Alleged Guards Asked Inmates to Threaten and Attack

Allegations that plaintiff inmate was singled out for harassment and threats, because he filed a suit against a corrections officer, were sufficient to state a claim for violation of his constitutional right to equal protection.

3:15cv1371
Bryant, J.

Mashantucket Pequot Court of Appeals

Deshaies v. Mashantucket Pequot Gaming Enter.

Plaintiff Failed To Request Disclosure of Employee's Name

If plaintiff failed to request disclosure of the identity of an employee witness during discovery, defendant may not be required to disclose the name.

MPTC-CV-PI-2013-133
Weathers, J.

Hartford J.D., at Hartford

Curran v. Curran

Contract Provided that Third Party Would Value Dealership

Absent bad faith, fraud or gross misconduct, if parties stipulate that a third party will decide the value of a minority stakeholder's shares, they may not appeal and claim that the third-party appraiser did not properly apply a minority discount.

CV12-6039298
Sheridan, J.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. TD Bank

Court Denied Plaintiff's Request for Trial by Jury

If the cause of action is essentially legal, as opposed to essentially equitable, a party can be entitled to a trial by jury.

CV10-6007649
Moukawsher, J.

Middlesex J.D., at Middletown

Narden v. Town of Westbrook Zoning Bd. of Appeals

Applicants Did Not Request the Minimum Variances Possible

If applicants prove that an unusual hardship exists, they are not required to request the absolute minimum variances possible.

CV14-6012589
Quinn, J.T.R.

Hartford J.D., at Hartford

Milbert v. Milbert

Wife Requested To Relocate To California with Minor Child

A court can find it was in the best interests of the minor child to relocate to a state where his extended, close-knit family resided.

FA15-5039631
Ficeto, J.

Connecticut Supreme Court

State v. Leconte

Restrictions on Cross-Exam Did Not Violate Sixth Amendment

The trial court did not abuse its discretion when it restricted defense counsel's cross-examination of a co-conspirator, because the defense was given ample opportunity during cross-examination to challenge the co-conspirator's credibility.

SC 19258
Zarella, J.

United States Court of Appeals for the Second Circuit

Lawrence + Mem'l Hosp. v. Burwell

New London Hospital Argued it Was Both Rural and Urban

Section 401 of the Medicare Act allows hospitals to be classified as urban for some purposes and rural for others.

15-164-cv
Rakoff, J.

New Haven J.D., at New Haven

Kusmit v. Mahoney

Law Firm Won Motion to Strike Legal-Malpractice Claims

A lawyer's apportionment complaint against another lawyer and law firm can be stricken, because plaintiffs who alleged legal malpractice did not allege damage to property, personal injury or wrongful death.

CV15-6054222
Fischer, J.

Connecticut Appellate Court

Citigroup Global Mkt. Realty v. Christiansen

Foreclosure Defendant Did Not Obtain Automatic Appellate Stay

Although defendant filed his appeal from the trial court's judgment of strict foreclosure one day before the law day, he did not obtain an automatic appellate stay and title vested in plaintiff when defendant did not exercise his right to redemption on his law day.

AC 38637
Prescott, J.

Ansonia-Milford J.D., at Derby

Hanley v. Smith

No Proof Shoulder Pain and Headaches Were Causally Related

A court can credit testimony that medical treatment for plaintiff's right shoulder and headaches was not causally related to a 2007 motor-vehicle accident.

CV09-5010167
Tyma, J.

United States District Court

Doe v. New Fairfield Bd. of Educ.

Parents of Alleged Victim Alleged BOE Violated Title IX

Allegations that the alleged victim of sexual abuse continued to encounter the alleged abuser on the school bus and in the school lunchroom, and was subjected to harassment by classmates, can be sufficient to allege that education opportunities were negatively affected and that school officials were deliberately indifferent, in violation of Title IX.

3:13cv1025
Eginton, J.

Waterbury J.D., at Waterbury

Burros v. Bellemare Tree Serv. LLC

Homeowner Alleged Tree Service Trespassed and Cut Tree

Allegations that defendant tree service was not registered as a home improvement contractor and wrongly entered plaintiff's property and cut down a tree were insufficient to state a claim for unfair trade practices.

CV15-6029185
Brazzel-Massaro, J.

Freedom of Information Commission

Treat-Perry v. Superintendent of Sch.

School Was Generally 'Highly Responsive' To Mom's Request

The Freedom of Information Commission may not order any penalty, if respondents used relevant search terms and were "highly responsive" to an individual who requested records, even though they technically violated Connecticut General Statutes §1-210(a) and 1-212(a), because they did not provide one requested record promptly.

2015-226
Freedom of Information Commission

Connecticut Supreme Court

Caruso v. Zoning Bd. of Appeals of the City of Meriden

Regs Did Not Practically Destroy Property's Value

Unusual hardship can be proved by establishing that a zoning regulation has deprived the property of all reasonable use and value and caused the "practical confiscation" of the property.

SC 19380
Robinson, J.

Litchfield J.D., at Litchfield

Godburn v. Connell

Wife Objected To Teaching 8-Year-Old Child to Shoot Firearms

A court can grant a mother's request to restrain a father from keeping firearms or ammunition in his home and from exposing the minor children to firearms or teaching them to shoot.

FA13-4013006
Gallagher, J.T.R.

Connecticut Supreme Court

McCullough v. Swan Engraving Inc.

Wife Not Required to File Separate Survivor Benefits Claim

Connecticut General Statutes §31-294c may not require that a dependent file a separate claim for survivor's benefits, if the employee filed a timely claim for benefits during his or her lifetime.

SC 19480
Eveleigh, J.

United States District Court

Gonzalez v. Waterbury

Suspect in High-Speed Chase Did Not Prove Monell Claim

To prevail on his claim against the municipality, plaintiff was required to establish a direct causal link between a municipal policy or custom and the alleged constitutional deprivation.

3:12cv478
Underhill, J.

United States District Court

Shao v. Beta Pharma Inc.

Bank Records Are Relevant To Claim Defendant Commingled Funds

Ruling on a motion to quash, a court can find that bank records are relevant to allegations that the individual defendant commingled the corporate defendant's funds with his own funds and exercised dominion and control over the corporate defendant.

3:14cv1177
Haight, J.

New London J.D., at New London

Cotoia v. Conn. Spiritualist Soc'y

Genuine Issue whether Society Abandoned Public Use

A plaintiff who brings an adverse possession claim against a quasi-municipal entity can be required to prove that any public use of the disputed area was abandoned.

CV14-6022041
Cosgrove, J.

United States District Court

Larocca v. Frontier Communications

58-Year-Old Accountant Did Not Prove Age Discrimination

Lack of a college degree can provide a valid, nondiscriminatory rationale for an employer to refuse to hire a job candidate.

3:13cv1872
Meyer, J.

New Haven J.D., at New Haven

Martinez v. City of New Haven

11 Year Old Won $40,814 for School Auditorium Accident

A court can award economic damages for medical expenses and noneconomic damages, for pain and suffering, to a school student who was injured in a school auditorium.

CV13-6042389
Agati, J.

United States District Court

Known Litigation Holdings v. Navigators Ins. Co.

Plaintiff Not Required to Disclose Privileged Doc

A report that is written in preparation for litigation can be privileged. Defendants filed a motion to compel production of documents.

3:12cv269
Arterton, J.

State Elections Enforcement Commission

Complaint by: Mazurek

Two Candidate Committees Engaged in Joint Expenditures

Separate candidate committees can engage in joint campaign expenditures, provided that each committee pays a pro rata share.

2014-099
Castagno, Chair

Stamford/Norwalk J.D., at Stamford

Zhang v. 56 Locust Rd. LLC

Adverse Possession of Horseback Riding Ring Established

If plaintiffs' predecessors' use of the disputed area took place for much longer than 15 years, under a claim of right and the predecessors' use was both open and notorious, a court can grant judgment of adverse possession to plaintiffs.

CV12-6015791
Povodator, J.

Connecticut Supreme Court

J.E. Robert Co. v. Signature Properties

Defendants Objected To $13 Million Deficiency Judgment

When contract rents are at market rates, the value of the leased fee and fee simple interests of mortgaged property is equivalent.

SC 19483
Zarella, J.

Harford J.D., at Harford

Dougan v. Sikorsky

Putative Class-Action Plaintiffs Did Not Prove 'Commonality'

A court can certify a class action in part, even if putative plaintiffs failed to establish the element of "commonality."

X03-CV12-6033069
Miller, J.

United States Court of Appeals for the Second Circuit

Watley v. Katz

Court Acted Prematurely When it Dismissed Complaint

An individual can be entitled to notice before adverse judicial action is taken, and failure to provide an opportunity to be heard can provide grounds for reversal.

14-3862

Stamford/Norwalk J.D., at Stamford

Mafcote Inc. v. Paschalidis

Neighbor Won Damages of $39,226 for Inadvertent Trespass

To prevail on trespass, plaintiff was required to prove: (1) plaintiff owned an interest in property; (2) defendant invaded, intruded of entered the property; (3) defendant's conduct was intentional; and (4) defendant's conduct caused direct injury.

CV13-6017862
Heller, J.

New Britain J.D., at New Britain

Chiagouris v. Comm'r of Motor Vehicles

Court Overturned Suspension of Driver's License for DUI

If police lack concrete evidence about when the arrestee drove his motor vehicle, they may not possess probable cause to arrest for driving under the influence.

CV15-6030194
Schuman, J.

Hartford J.D., at Hartford

Ciesinski v. City of Hartford

Genuine Issues in Hartford Police Officer's Whistleblower Complaint

To prevail, on a whistleblower complaint, plaintiff must prove: (1) plaintiff engaged in protected activity; (2) plaintiff was disciplined; and (3) a causal connection existed between plaintiff's participation in protected activity and the discipline.

CV14-6050384
Noble, J.

Stamford/Norwalk J.D., at Stamford

Rowe v. Rubin

Ivey, Barnum Attorneys Awarded $100,553 in Condominium Suit

A plaintiff who prevailed on a civil complaint pursuant to Connecticut General Statutes §47-75(a) was entitled to reasonable attorney fees.

CV13-6018375
Adams, J.T.R.

Litchfield J.D., at Litchfield

Schafer v. Schafer

Service at Summer Cottage After Defendant Left Was Insufficient

Service at a summer cottage owned by defendant's relative that took place after defendant left the summer cottage was insufficient, even if defendant received actual notice.

FA15-6012510
Shah, J.

Mashantucket Pequot Tribal Court

Pequot Pharm. Network v. Conn. Hospice

First Impression on Nullum Tempus as Defense to SOL

An arm of the tribe can assert the doctrine of nullum tempus as a defense to plaintiff's failure to timely file a complaint.

CV-GC-2015-104
O'Connell, J.

Stamford/Norwalk J.D., at Stamford

Van Pelt v. Van Pelt

Husband Asked Court to Impute Higher Earning Capacity

A court rejected the husband's claim that the wife was capable of earning several hundred thousand dollars per year and found that the wife's earning capacity was $60,000 gross per year.

FA14-4027431
Colin, J.

Fairfield J.D., at Bridgeport

Stvan v. Stvan

Father Won Emergency Ex Parte Motion for Custody

A party can apply to the court for an emergency ex parte order of custody, if an immediate and present risk of physical danger or psychological harm exists, pursuant to Connecticut General Statutes §46b-56(f).

FA14-4045766
Adelman, J.

Board of Mediation and Arbitration

City of Danbury and CACP

Parties Did Not Previously Enforce Time Limits Strictly

If parties previously failed to enforce time limits strictly, arbitrators might be reluctant to find that a grievance was not filed timely.

2016-A-0036
Daly and Franzo – Podurgiel dissented

Waterbury J.D., at Waterbury

Doe v. Carroll

Child Victim of Alleged Sexual Assaults Awarded $1 Million

A court can award damages to the alleged childhood victim of a stepfather's sexual assaults. Plaintiffs alleged the following facts.

CV12-6013620
Brazzel-Massaro, J.

United States District Court

Torcasio v. New Canaan Bd. of Educ.

Request to Depose Boss's Wife Constituted 'Fishing Expedition'

Absent evidence that a nonparty's testimony is relevant or critical to claims in the complaint, a court can grant defendants' request to quash a subpoena and to issue a protective order.

3:15cv53
Merriam, J.

Waterbury J.D., at Waterbury

Gaines v. CT Transit

Bus Passenger Awarded $11,968 for 2011 Accident

A court awarded economic damages for medical expenses and non-economic damages, for pain and suffering, to a front-seat passenger injured in a bus accident.

CV13-6021459
Sheedy, J.T.R.

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

Windham J.D.

Trudeau v. Trudeau

Wife Alleged Husband Sexually Assaulted Children

A court can find one party at greater fault for the breakdown of the marital relationship, as a result of allegations that he sexually assaulted the other parties' minor children from an earlier relationship.

FA15-5006128
Graziani, J.

Tolland J.D., at Rockville

State v. Walker

Prisoner Who Bit Corrections Officer Sentenced to Five Years

An individual who allegedly bites a corrections officer can be sentenced to 20 years for assault on a public safety officer.

CR12-102332
Fischer, J., Hadden, J. and Ginocchio, J.

Fairfield J.D., at Bridgeport

State v. Frazier

15 Years For Intercourse with 15-Year-Old Affirmed

A court can sentence an adult who allegedly picked up a teen and paid her $40 for intercourse to 15 years in prison.

CR13-274226
Fischer, J., Vitale, J., and Alexander, J.

Freedom of Information Commission

Townsend v. Manager of Human Resources and Benefits, City of New Haven

Entry-Level Test Taker Was Not Entitled To Copy of Scoring Key

A municipality was not required to disclose the scoring key that contained answers to an entry-level exam.

2015-255
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Terreros-Terreros v. Lynch

Petitioner who Alleged Past Persecution Can Relocate

A petitioner who alleged past persecution and who was capable of relocating to another part of his country was not eligible for relief.

13-1487

New Haven J.D., at New Haven

Griffin v. Allegre Banquets

Customer Alleged that Mashed Potatoes Contained Steel Nail

A product seller is not liable, if a third party alters or modifies his product.

CV13-6042021
Wilson, J.

New Britain J.D., at New Britain

Brantley v. Donofrio

Motion to Disqualify Raised Issue of Apparent 1st Impression

Rule 1.9 of the Rules of Professional Conduct provided in pertinent part, "A lawyer who has formerly represented a client in a matter shall not thereafter: (a) Represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client. . . ." Plaintiffs Samantha and Gabriella Brantley filed a complaint against Pilar Brantley and Edward Donofrio.

CV12-6017910
Abrams, J.

New Haven J.D., at New Haven

Sapienza v. Sapienza

Father Requested Additional Visitation with Minor Child

Allegations that the father obtained his own residence and steady employment and re-established his relationship with the minor child were sufficient to allege a substantial change in circumstances for purposes of a motion to modify custody and visitation.

FA12-4050233
Shluger, J.

United States District Court

Sitkovestskiy v. Young

Sovereign Immunity Barred Claims Against Patent Examiner

A pro se complaint against a federal officer, who was acting in her official capacity and within her statutory and constitutional authority, was barred by sovereign immunity.

3:15cv1073
Bryant, J.

New London J.D., at New London

Lozada v. Perry

Plaintiff Who Allegedly Was Punched Awarded $140,000

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to the victim of an intentional assault and battery.

CV14-6022332
Leuba, J.T.R.

Connecticut Supreme Court

State v. Berrios

Mother's Jury Tampering Did Not Prevent a Fair Trial

Allegations that defendant's mother tampered with the jury by approaching a juror outside the courthouse and speaking to that juror about the evidence can be insufficient to prove that the jury was unable to decide the case fairly and impartially.

SC 19494
Robinson, J.

New Britain J.D., at New Britain

Legowski v. Shaikh

Consequential Damages and Attorney Fees Awarded for Breach

A court can award consequential damages, liquidated damages, attorney fees and costs to a plaintiff who allegedly was induced to enter into a contract when defendant had no intent of fulfilling the terms.

CV15-6029671
Shortall, J.T.R.

Waterbury J.D., at Waterbury

Stallings v. Stallings

Child Refused To Disclose College Financial Information

A child who refused to make pertinent financial information available to her father did not qualify for post-majority educational support, pursuant to Connecticut General Statutes §46b-56c(e).

FA06-4010011
Nastri, J.

State Elections Enforcement Commission

Complaint by: Milardo

Citizen Protested Unsolicited Absentee Ballot Applications

A candidate committee's decision to forward unsolicited absentee ballot applications prior to the election was not prohibited by Connecticut election law.

2015-151
Castagno, Chair

United States District Court

Von Britton v. State

Former Inmate Seeks $10 Million for Alleged Failure to Diagnose

A former inmate's broad and conclusory statement that a prison warden managed medical care decisions can be insufficient to state a claim for supervisory liability.

3:14cv133
Shea, J.

Fairfield J.D., at Bridgeport

State v. Wilkerson

10 Years for Father who Rolled Over on Young Baby Affirmed

A court sentenced a father to 10 years in prison, because he allegedly rolled over on his young baby when sleeping.

CR13-271975
Fischer, J., Vitale, J., and Alexander, J.

New Britain J.D., at New Britain

Finno v. Rebimbas

Attorney Not Responsible for Alleged Ponzi Scheme

Defendant attorney owed only a duty to the principal and did not owe a duty to plaintiffs, with whom she lacked an attorney-client relationship.

CV14-6026980
Wiese, J.

Board of Mediation and Arbitration

City of Derby and AFSCME, Council 4, Local 1303-259

City Tax Clerk Allegedly Pled Guilty to Shoplifting Clothes

An employer can possess just cause to discharge a worker who handles cash payments from the public and who allegedly pleads guilty to shoplifting when off duty.

2015-A-0376
Daly and Margenot – Ferrucci dissented

Connecticut Appellate Court

Nationwide Mut. Ins. Co. v. Pasiak

Exclusion for 'Business Pursuits' Applied to Worker's PTSD Claims

The "business pursuits" exclusion in an insurance policy can apply if the plaintiff in the underlying action allegedly was injured while working in an office in plaintiff's home.

AC 36922
Prescott, J.

Litchfield J.D., at Litchfield

Maciulewski v. Maciulewski

Husband's Parents Moved To Intervene in his Divorce

Equitable distribution of the marital residence, without consideration of the interests of plaintiff's parents, could result in unjust enrichment, and the court granted the motion of plaintiff's parents to intervene in the divorce action.

FA15-6012269
Shah, J.

Waterbury J.D., at Waterbury

Doe v. Annulli

High School Student Awarded $200,000 for Alleged Sex Assaults

A court can award non-economic damage, for emotional and psychological damage, to a high school student who allegedly was sexually assaulted by the father of a friend.

CV14-6022790
Brazzel-Massaro, J.

Hartford J.D., at Hartford

Hinds v. Gullap

Wife of 10 Years Won Green Card And 2003 Ford Windstar

A court can find that a husband left a marital residence after his wife allegedly threw water at him and threatened to have him arrested.

FA15-6059112
Ficeto, J.

Connecticut Appellate Court

Berger v. Finkel

Prior Ruling on Actual Earnings Confused Trial Court

When a court that issues a ruling on modification is confused about whether the trial court issued its decision based on actual earnings or earning capacity, the Appellate Court can reverse and remand.

AC 36551
Mullins, J.

New Haven J.D., at Meriden

Schrenker v. Schrenker

Husband to Pay $500/Month for Wife's Contribution to Business

A court can award the husband his solely-owned business and order that he pay the wife $500 per month as a return on her contribution to his business.

FA14-4020807
McNamara, J.

Connecticut Appellate Court

Tirreno v. The Hartford

Insurer Moved to Enforce Parties' Settlement Agreement

A trial court possesses the power to enforce a settlement agreement, provided that the terms are clear and unambiguous.

AC 36879
Alvord, J.

Connecticut Appellate Court

Town of Trumbull v. Palmer

Affidavit Was Not Filed in Conjunction with Motion to Open

When a defendant files a motion to open a judgment of dismissal that entered because her attorney did not attend a dormancy status conference, defendant's attorney may not be required to file an affidavit.

AC 36718
Bishop, J.

State Elections Enforcement Commission

Complaint by: Tunik

Stamford Citizen Claimed that he Lacked Identification

A citizen who claimed that he lacked identification could be allowed to vote, if he completed an affidavit.

2014-154
Castagno, Chair

Fairfield J.D., at Bridgeport

Long Brook Station v. Town of Stratford Planning and Zoning Comm'n; Town of Stratford v. Town of Stratford Planning and Zoning Comm'n

Affordable Housing Approved without Two P&Z Conditions

When ruling on an affordable housing application, a court can consider whether the risk of harm to the public interest in health, safety and welfare is greater than the need for public housing.

CV15-6049443 and CV15-6049299
Radcliffe, J.

United States District Court

Brown v. Waterbury Bd. of Educ.

African-American Principal Alleged Race Discrimination

Allegations that Caucasian principals who received complaints about intimidation and bullying were treated differently and were not placed on administrative leave or demoted were sufficient to allege intent to discriminate on the basis of race.

3:15cv460
Shea, J.

State Elections Enforcement Commission

Complaint by: Banisch

1st Impression on Nonprofit Postal Rate for Senate Campaign

A state party committee wrongly used the nonprofit postal rate when it helped a senate candidate committee to pay for campaign mailers.

2014-147
Castagno, Chair

United States District Court

Doe v. Mastoloni

Plaintiffs Sought To Delay Discovery Until After Deposition

A court can deny a request to delay production of pertinent documents until after depositions are taken.

3:14cv718
Haight, J.

New Britain J.D., at New Britain

Town of Middlebury v. Conn. Siting Council

Siting Council Adequately Considered Neighborhood Concerns

If opponents of a power plant expansion submit evidence about air quality, water supply and the public's safety, and the agency's decision indicates that the agency extensively considered those topics, opponents may not be able to prove that the agency failed to adequately consider "neighborhood concerns," as required by Connecticut General Statutes §16-50p(c)(1).

CV15-6029869
Schuman, J.

Connecticut Appellate Court

State v. Raffone

Defendant Forfeited Truck After Attempt to Steal Windows

Connecticut General Statutes §54-33g allowed the condemnation and forfeiture of a truck that allegedly was used during an attempt to steal skylight windows from Home Depot.

AC 37518
DiPentima, J.

Connecticut Supreme Court

Studer v. Studer

Dad Protested Order To Support Adult Disabled Child

Because a Florida court issued the initial child support order, Florida law, which requires parents to support adult disabled children, governed the duration of child support.

SC 19508
Eveleigh, J.

Freedom of Information Commission

Dobson v. Chairman, Dep't of Energy and Envtl. Protection

Whistleblower Alleged DEEP Did Not Provide All Responsive Recs

A public agency is not required to create records and generally is only required to provide copies of responsive records that the agency keeps.

FIC2015-243
Freedom of Information Commission

Connecticut Supreme Court

Villages LLC v. Enfield Planning and Zoning Comm'n

Certification to Consider P&Z's Appeals Improvidently Granted

The Supreme Court can review the record, briefs and oral arguments and dismiss defendant's appeals, because certification was improvidently granted.

SC 19334 and SC 19335
Per Curiam

New Haven J.D., at New Haven

Burkett v. Yale-New Haven Hosp.

Emergency Room Patient Adequately Pled Res Ipsa Loquitur

Plaintiffs may be entitled to plead in the alternative and to present both claims of specific acts of negligence and circumstantial claims of negligence, such as res ipsa loquitur.

CV14-6047894
Wilson, J.

United States District Court

Gaul v. City of New Haven

$53,525 in Fees Awarded in Age Discrimination Case

A party who prevailed on an age discrimination complaint was entitled to attorney fees, and the court awarded fees for time spent traveling to and from the courthouse at 100 percent.

3:14cv558
Meyer, J.

Freedom of Information Commission

Robinson v. Chief, Police Dep't, Town of Trumbull

Search Warrant Application Was Exempt from Disclosure

Search warrant applications, inventories, state police reports, and witness statements can be exempt from disclosure, as records of law enforcement agencies compiled in connection with investigation of crime.

FIC 2015-161
Freedom of Information Commission

United States District Court

Bergman v. Town of Hamden

Handcuffed Citizen Alleged He Was Struck, Punched and Kicked

To prevail on a §1983 claim against the chief of police and the municipality, plaintiff was required to prove: (1) action taken under color of law; (2) deprivation of a constitutional or statutory right; (3) causation; (4) damages; and (5) an official policy caused the constitutional injury.

3:14cv853
Arterton, J.

Connecticut Supreme Court

State v. Dyous

Right To Appeal Equal-Protection Claims Was Granted Improvidently

The Connecticut Supreme Court can dismiss the defendant's claims that his right to equal protection was violated, if certification was granted improvidently.

SC 19410
Per Curiam

Connecticut Appellate Court

Kenosia Commons v. DaCosta

Tenant Purchased Shares of Stock in Mobile Manufactured Home Park

An individual who purchases shares of stock in a mobile manufactured home park may not qualify as an "owner" of the park, for purposes of a summary-process action.

AC 37396
Lavine, J.

State Elections Enforcement Commission

Complaint by: Minor

Incumbent's Post on Facebook Did Not Violate C.G.S. §9-610(d)

A post on Facebook that does not cost anything to print or mail may not violate Connecticut General Statutes §9-610(d), which prevents incumbent candidates from use of public funds "to mail or print flyers or other promotional materials" that promote an incumbent within three months of an election.

2015-114
Castagno, Chair

United States District Court

Estate of Devine v. Fusaro

Estate Alleged Baton Projectiles Constituted Excessive Use of Force

Law enforcement officers can be entitled to qualified immunity, if they use less-than-lethal force after several hours of negotiations with an armed individual on public property.

3:14cv1019
Meyer, J.

Mashantucket Pequot Tribal Court

Rogers v. Mashantucket Pequot Gaming Enter.

Release Signed by Wife Was Binding on Husband who Slipped

A validly signed and executed release barred recovery as a result of the principles of accord and satisfaction.

CV-PI-2014-157
O'Connell, J.

Board of Mediation and Arbitration

City of Stamford and UE Local 222 CILU, Local 82

Discharge of Probationary Worker Is Subject to Arbitration

An employer's decision to discharge a worker who is on probation can be arbitrated, if the employer does not comply with a condition in the collective bargaining contract that requires the employer to observe and to consider the employee's work and to deem the employee "unfit for such appointment."

2015-A-0470
Brown and Blum – Ryan dissented

United States Court of Appeals for the Second Circuit

Gonzalez v. Deutsche Bank Nat'l Trust

Claims that Bank Violated Constitutional Rights Barred

Claim preclusion bars the pursuit of claims that were actually made or that might have been made in an earlier suit.

15-756-cv

United States District Court

Dempsey v. Hous. Operations Management Inc.

Disabled Tenant Protested Eviction for Failure to Pay Rent

A tenant who was disabled and failed to pay rent lacked a claim that he should not be evicted, as a reasonable accommodation under the Fair Housing Act.

3:15cv615
Underhill, J.

Connecticut Appellate Court

Rousseau v. Statewide Grievance Comm.

Divorce Lacked Standing to Appeal Dismissal of Grievance

A plaintiff who filed a grievance complaint that apparently alleged abuse of process and misrepresentation failed to prove that he possessed standing to appeal a local grievance panel's decision.

AC 37728
Per Curiam

Litchfield J.D., at Litchfield

Begin v. Begin

Wife Who Married at 18 Awarded Marital Residence and $232/Week

A court may consider the parties' ages, health and incomes when it awards marital property.

FA14-4014384
Gallagher, J.T.R.

Waterbury J.D., at Waterbury

Diaz v. Perez

Injured Boy Did Not Prove that Trampoline Owner Was Negligent

Plaintiff failed to prove that defendant was negligent in failing to take reasonable and proper precautions for the safety of children who used the trampoline.

CV15-6026336
Roraback, J.

Connecticut Appellate Court

Miller v. Kiss

Pro Se Alleged Superior Court Judge Bellis Was Biased

A pro se plaintiff failed to prove that a trial judge was biased and that he suffered prejudice as a result.

AC 37702
Per Curiam

United States District Court

Gilly v. Ocwen

$11.5 Million 'Judgment' Against Ocwen Financial Corp. Was 'Sham'

A court can order that a registration of judgment be stricken, if the purported judgment did not arise from a court of appeals, a district court, a bankruptcy court or the Court of International Trade.

3:16mc21
Meyer, J.

United States District Court

United States v. Pitts

Defendants Who Worked on GEDs Won Sentence Reductions

A court can reduce the length of prison sentences for drug-related offenses pursuant to new guideline ranges.

3:10cr148
Meyer, J.

New London J.D., at New London

Town of Preston v. Rabon

1st Impression on Owner's Refusal To Remediate Property

The Inland-Wetlands Act did not include a provision for innocent land owners, and maintenance of an inlands-wetlands violation infringed the law.

CV13-6019210
Bates, J.

Waterbury J.D., at Waterbury

Garmakani v. Munn

Handyman Awarded $76,688 as Result of Pit Bull Attack

At a hearing in damages, a court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to the victim of a dog bite.

CV14-6022366
Brazzel-Massaro, J.

United States District Court

Lewis v. Clark

Pro Se's 1st Amendment Retaliation Claims Dismissed

Plaintiff's complaint failed to adequately demonstrate a causal connection between protected speech and retaliation, or that defendants treated plaintiff differently from similarly situated individuals as a result of protected activity.

3:14cv1592
Chatigny, J.

United States District Court

United States v. Rowland

Ex Governor Helped to 'Falsify' Candidate's Campaign Records

To "falsify" meant to "represent falsely," to "misrepresent," or to "distort." A jury reasonably could have found that a former governor who arranged to receive pay from another source when he subsequently worked as a campaign consultant created or participated in the creation of documents that misrepresented or falsified his relationship with the candidate.

15-985
Carney, J.

United States Court of Appeals for the Second Circuit

United States v. DiProto

84 Months for Receipt of Child Porn was below Guidelines Range

A sentence for child pornography that was below the guidelines range failed to shock the court's conscience and was substantively reasonable.

15-1675-cr

Hartford J.D., at Hartford

Morillo v. Georges

Apparent 1st Impression on Rights of Child in Utero

A child in utero lacks assertible legal rights until birth and cannot maintain a legal claim for loss of parental consortium.

CV15-6058761
Peck, J.

State Elections Enforcement Commission

Complaint by: Mulcahy

Candidate Used Club Funds for Letter that Benefitted Campaign

A candidate who uses a private entity's funds to write a letter that benefits his campaign for re-election to public office and who does not include an attribution that explains who paid for and approved the letter can violate Connecticut General Statutes §9-613 and 9-621(a).

2015-093
Castagno, Chair

Connecticut Appellate Court

Parnoff v. Yuille

Attorney Not Entitled to Recovery in Quantum Meruit

An attorney who violated Connecticut's attorney "fee cap statute," Connecticut General Statutes §52-251c, could not recover on an alternative quantum meruit count for the value of services provided.

AC 36106
Pellegrino, J.

New Haven J.D., at New Haven

McFarline v. Mickens

Plaintiff Alleged Growing Grass Concealed Meriden Sidewalk Defect

The "positive act" exception to a rule that exonerated abutting property owners from liability for defective sidewalks did not apply to growing grass.

CV15-6052207
Blue, J.

Hartford J.D., at Hartford

Shehu v. Statewide Grievance Committee

SGC Decision To Issue Reprimand Was Not Unduly Harsh

An attorney who allegedly offers to accept money not to file a grievance complaint can violate Rule 8.4(4) of the Rules of Professional Conduct.

CV14-6052929
Robaina, J.

Fairfield J.D., at Bridgeport

[Iamartino] v. Liberty Mut. Fire Ins.

$150,886 Award to Police Officer Failed to Shock Court's Conscience

A jury's decision to award $150,886 to a police officer, which included $133,000 because he retired early as a result of the injuries sustained in a motor-vehicle accident, failed to shock the court's conscience.

CV14-6045100
Rush, J.T.R.

Fairfield J.D., at Bridgeport

Boykin v. State

Plaintiff Alleged Bridgeport Pedestrian Cross Walk Was Unsafe

A plaintiff who filed a negligence complaint against the Connecticut Department of Transportation was required to provide notice of the time, place and cause of the accident within 90 days.

CV15-6053419
Wenzel, J.

United States District Court

Robb v. Conn. Bd. of Veterinary Med.

Vet Failed to Adequately Allege Viable Antitrust Claim

A plaintiff who fails to adequately allege that defendants reached agreement to conspire with one another may not possess a viable antitrust claim under the Sherman Act.

3:15cv906
Eginton, J.

Freedom of Information Commission

Akers v. Vitullo

UConn Law School Applicant Sought Explanation for Denial

A public agency was not required to perform research or answer questions, in response to a freedom of information request from a law school applicant.

2015-304
Freedom of Information Commission

Hartford J.D., at Hartford

Bauer v. Bauer

Dr.'s Wife Awarded Marital Residence and $170,000 Per Year

A court can award the marital residence to the party who worked as a homemaker and order that party to sign a mortgage and note to the primary breadwinner.

FA14-4075285
Suarez, J.

Fairfield J.D., at Bridgeport

Smith v. Town of Redding

Evidence of Remedial Measure was not Admissible

Evidence that defendant built a fence can be excluded as evidence of a subsequent remedial measure that is not admissible under Connecticut Code of Evidence §4-7.

CV12-6024402
Kamp, J.

Freedom of Information Commission

Brown v. Comptroller, State of Conn.

Agency Was Not Required To Disclose Whistleblower Docs

A public agency may not be required to disclose certain documents that pertain to a whistleblower complaint and investigation, pursuant to Connecticut General Statutes §1-210(b)(13).

FIC 2015-055
Freedom of Information Commission

Connecticut Appellate Court

Brooks v. Powers

Genuine Issue whether Woman in Field was in Imminent Danger

A jury reasonably could have found that a woman who was in a field without a raincoat during a severe storm was in imminent danger, because of her exposure to the elements when she was in a vulnerable state.

AC 37301
Gruendel, J.

State Elections Enforcement Commission

Complaint by: Bernaschina

Town Attorney Asked BOE Candidate Not To Dumpster Dive

A town attorney who requests that a candidate from a different political party cease and desist from combing through a garbage dumpster does not violate prohibitions in Connecticut General Statutes §9-610(d)(1) on incumbents' use of public funds.

2015-126
Castagno, Chair

New London J.D., at New London

Stern v. McEwen

Tavern Permittee Rebutted Presumption of Responsibility

A tavern permittee can rebut the statutory presumption of responsibility for service of alcohol under the dram shop act.

CV10-6006881
Bates, J.

United States District Court

Raffone v. Nugent

Genuine Issue on Excessive Use of Force by K-9 Dog 'Jager'

To prevail on an excessive-force claim, a plaintiff must prove that the amount of force used was objectively unreasonable, either as to when or how applied and that, as a result, plaintiff suffered a compensable injury.

3:13cv1589
Arterton, J.

Hartford J.D., at Hartford

Royster v. Black Bear Hartford

Estate of Young Football Player Awarded $2 Million

A court can award economic and non-economic damages to the estate of an individual who passed away as a result of a motor-vehicle accident.

CV12-6027858
Wahla, J.

Office of the Attorney General

Letter to: Looney

AG Jepsen Issued Warning on Daily Fantasy Sports Contests

The Mashantucket Pequot Tribal Nation and the Mohegan Tribe could claim at some point that daily fantasy sports contests qualified as commercial casino games.

2016-03
Jepsen, A.G.

State Elections Enforcement Commission

Complaint by: Coviello

Campaign Worker Did Not Properly Report Cost of Sign

A campaign worker who allegedly does not report a campaign expenditure can violate Connecticut General Statutes §9-608.

2014-073
Castagno, Chair

Connecticut Appellate Court

State v. Njoku

Evidence of Other Male DNA on Vaginal Swab Was Barred

Evidence of the victim's sexual conduct generally was not admissible as a result of the rape shield statute, and the trial court did not abuse its discretion when it barred the admission of evidence of other male DNA on the vaginal swab taken from the victim.

AC 36189
Kahn, J.

United States Court of Appeals for the Second Circuit

Mejia v. Lynch

Petitioner Failed to Submit Adequate Application for Relief

The Board of Immigration Appeal can deny a motion to open, if a petitioner fails to submit an application for relief, as required by 8 Code of Federal Regulations §1003.2(c)(1).

13-1252

United States Court of Appeals for the Second Circuit

Brayboy v. O'Dwyer

BOE Security Guard Did Not Prove Adverse Employment Action

A failure to investigate may constitute an adverse employment action only if the failure to investigate is retaliation for a separate, protected act.

15-1416

New Britain J.D., at New Britain

Comm'r, Dep't of Emergency Serv. and Public Protection v. Freedom of Info. Comm'n

Sandy Hook Shooter's Book Shielded from Public Disclosure

The seizure statutes in Title 54 act as a shield from public disclosure of property seized by the Connecticut state police and not utilized in a criminal prosecution.

CV15-6029797
Schuman, J.

United States District Court

Sherman v. Platosh

260-Pound Plaintiff Alleged He Could Not Fit in Police Cruiser

A single instance of unconstitutional conduct may be insufficient to establish a municipal custom or policy.

3:15cv352
Shea, J.

United States District Court

Trustees of the I.B.E.W. Local Union No. 488 Pension Fund v. Norland Electric

Company President in Contempt of Court To Be Fined $1,000 per Day

A company president who failed to comply with court orders to answer or respond to postjudgment interrogatories was held in contempt of court and fined $1,000 per day.

3:11cv709
Haight, J.

Hartford J.D., at Hartford

Dinunzio v. Dinunzio

Wife of Unsuccessful Day Trader Awarded $75 per Week

A court may consider the parties' health, incomes and sources of earnings when it awards alimony and distributes property.

FA14-4073712
Suarez, J.

United States District Court

Mendez v. Pure Foods Management Group

Court Lacked Jurisdiction Over Maryland and NJ Defendants

A foreign defendant's contacts with Connecticut are only material if those contacts give rise to the claims in the case.

3:14cv1515
Underhill, J.

Hartford J.D., at Hartford

Rivera v. Case

Mom's Motion to Relocate with Child to Puerto Rico Denied

A court can find that it is not in the best interests of the minor child for the mother and child to relocate to Puerto Rico, because relocation would effectively eliminate the child's father from the child's life.

FA15-4077375
Ficeto, J.

United States Court of Appeals for the Second Circuit

United States v. Brown

Defendant Argued Evidence of Gun Possession Was Insufficient

A rational jury could find that defendant possessed a firearm, if police observed defendant making a throwing motion as he fled on foot and later discovered a gun at that location.

15-176-cr

Connecticut Appellate Court

Axela New Britain Grp. LLC v. LHPB Realty LLC

Expiration of Condition Ended Restrictive Covenant

A restricted covenant expired when a discount department store was no longer occupied as a discount department store.

AC 37723
Pellegrino, J.

Freedom of Information Commission

Dudgeon-Eisenlohr v. Chairman, Inland Wetlands Comm'n

Executive Session Held to Discuss Interview Committee Violated FOIA

Respondents who convene in executive session in order to discuss who would represent their commission on an interview committee can violate Connecticut General Statutes §1-225(a).

FIC2015-279
Freedom of Information Commission

United States District Court

Pitterman v. Gen. Motors

Expert Estimated Economic Loss at $1.2 to $1.4 Million

An economic expert possessed sufficient expertise to testify in a products-liability case about the economic loss that resulted because a female, 8-year-old child who passed away.

3:14cv967
Hall, J.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. Scharf

Sales Worker Allegedly Breached $50,000 Agreement Not to Compete

A worker who allegedly agreed to refrain from soliciting clients of his former employer, in return for $50,000, was ordered to pay back the $50,000, plus reasonable attorney fees.

X07-CV12-6034817
Moukawsher, J.

Citizen's Ethics Advisory Board

Advisory Opinion 2015-7

Former Social Worker Can Work at United Services Inc.

A limited exception exists to the one-year restriction on post-state employment work in Connecticut General Statutes §1-84b(b), if the post-state employment only involves technical work.

Advisory Opinion 2015-7
Chiusano, J.

Freedom of Information Commission

Muir v. Chief, Police Dep't, City of Hartford

Attorney's Interview Tapes Qualified as Public Records

A municipality that hires an attorney to investigate a discrimination complaint can be required to disclose copies of the attorney's written report and taped interviews.

FIC2015-323
Freedom of Information Commission

Waterbury J.D., at Waterbury

Waterbury Republican Town Comm. v. Ciochetti

Aldermen in Waterbury Changed Party Affiliations

A political dispute about whether the composition of the board of aldermen violated the city charter became moot when the terms of the aldermen ended.

CV15-6028189
Brazzel-Massaro, J.

United States District Court

Taurus Cafe v. Esserman

Bar Claimed New Haven Police Exceeded Scope of Search Warrant

A New Haven bar did not prove that police who seized a computer mouse and DVR instructional manual exceeded the scope of a search warrant that permitted the seizure of the "hard drive video/data storage system for the Taurus Cafe[s] video security system."

3:14cv715
Meyer, J.

New Britain J.D., at New Britain

Temple v. Comm'n on Human Rights and Opportunities

Female African Alleged Discharge was Discriminatory

A court can consider whether a decision by the Commission on Human Rights and Opportunities that a complainant did not prove discrimination on the basis of race or sex was arbitrary, illegal or an abuse of discretion.

CV15-5016328
Moll, J.

United States District Court

Cotto v. City of Middletown

Court Ordered $32.5k Remittitur of $61,000 Strip Search Award

A police officer who conducts a public strip search absent exigent circumstances can violate the Fourth Amendment, even if reasonable suspicion exists.

3:10cv560
Underhill, J.

Connecticut Appellate Court

Rosenthal Law Firm v. Cohen

Motion to Vacate Filed on Ground Hog's Day was Late

A pro se defendant was required to file any motion to vacate, modify or correct an arbitration award within 30 days of receipt of notice of the award, pursuant to Connecticut General Statutes §52-420(b).

AC 37830
Mullins, J.

Hartford J.D., at Hartford

Dowling v. Schupp

Court Approved $550 per Hour for Attorney Richard P. Weinstein

A court can award punitive damages in the form of attorney fees to a plaintiff who proves tortious interference with contractual rights and violation of the Connecticut Unfair Trade Practices Act.

CV11-6027560
Shortall, J.T.R.

Connecticut Supreme Court

State v. Victor

Sentence of 30 Years for Sex Assault of Minor Affirmed

Connecticut General Statutes §53a-70(b)(3) does not require that individuals convicted of first-degree sexual assault be sentenced to a period of imprisonment plus a period of special parole.

SC 19459
Palmer, J.

Stamford/Norwalk J.D., at Stamford

Jones v. Deak

Defense Motion to Disqualify Plaintiff's Attorney Denied

Defendants failed to prove that plaintiff's attorney was a necessary witness and that the testimony of plaintiff's attorney was relevant, material and unobtainable elsewhere.

CV14-6023913
Heller, J.

Connecticut Supreme Court

State v. Peterson

Police Had Reasonable Suspicion To Stop and Frisk Defendant

The legal standard for reasonable and articulable suspicion was whether, based on experience and training, a reasonable individual who had the information available to police would have suspected criminal activity.

SC 19414
Rogers, C.J.

New Haven J.D., at New Haven

Samb v. Richardson

Mom's Request To Travel Abroad with Child Denied

A court can find it is not in the best interests of the minor child to travel outside the United States with the mother, because credible evidence exists that the mother would refuse to return the child to the United States.

FA14-4061039
Goodrow, J.

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Firefighter Asked To Cancel Vacation One Hour in Advance

A municipality can enforce a provision in a collective bargaining contract that requires that workers who rescind vacation requests indicate their decision in writing, 24 hours or more in advance.

2015-A-0179
McMahon and Ryan – Shea dissented

New London J.D., at New London

Morris v. Geising

Circulator Alleged Waiting Period Violated Freedom of Speech

Connecticut General Statutes §9-59 required that an individual who changed his political affiliation was "not entitled to the privileges accompanying enrollment" for a three-month period.

CV16-5015038
Bates, J.

Connecticut Supreme Court

Denunzio v. Denunzio

Probate Court Properly Appointed Dad as Conservator

Following the enactment of Public Act 07-116, probate courts may no longer consider the amorphous "best interests" of the conservatee standard when making conservatorship decisions.

SC 19388
McDonald, J.

Board of Mediation and Arbitration

Bridgeport Hous. Auth./Park City Comm'n and AFSCME, Council 4, Local 1303-430

Discharge of Sr. Accountant Reduced To Written Warning

Arbitrators can find that discharge is overly harsh, and reduce the discharge to a written warning.

2015-A-0377
Diaz, Neary and Malse

Connecticut Appellate Court

Vt. Mut. Ins. v. Fern

Boiler Installer Denied that He Owed Duty to Homeowner

A tradesman who allegedly engaged in specialized work, failed to take necessary precautions and failed to follow applicable law and regulations, breached his duty of care to the homeowner.

AC 37771
Bear, J.

United States District Court

Connole v. Astrue

ALJ Discounted the Opinions of Claimant's Treating Physicians

Because substantial evidence in the medical record conflicted with the opinions of the treating physicians, the administrative law judge did not commit reversible error when he discounted the opinions of plaintiff's treating physicians.

3:10cv1382
Meyer, J.

Freedom of Information Commission

Kaminski v. Comm'r, Dep't of Public Correction

Prisoner Claimed DOC Should Have Kept Tape More Than 30 Days

A state agency may not be required to produce a copy of a tape that the agency destroyed after 30 days.

FIC 2015-051
Freedom of Information Commission

Stamford/Norwalk J.D., at Stamford

Kellogg v. City of Norwalk

Public Notice on Proposed Development Found Defective

Substantial defects in the public notice of proposed actions by an administrative agency could deprive the agency of subject-matter jurisdiction.

CV15-5014630
Tobin, J.T.R.

Windham J.D., at Putnam

Burgess v. Samokar

$309,453 Awarded to Alleged Victim of Third-Degree Assault

At a hearing in damages, a court could award economic damages for medical expenses and loss of wages, plus non-economic damages and punitive damages for a willful, wanton and reckless assault.

CV15-6009644
Calmar, J.

United States District Court

Perez-Dickson v. Bridgeport Bd. of Educ.

Principal Did Not Prove Prima Facie Case of Race Discrimination

Even if a principal on administrative leave established a prima facie case of discrimination, board of education defendants adequately articulated a legitimate, nondiscriminatory reason, as a result of surveillance tapes that indicated potentially abusive conduct.

3:13cv198
Eginton, J.

Stamford/Norwalk J.D., at Stamford

Fischer v. Ulysses Partners

Tape of Call that was on Speaker Phone Could be Used at Deposition

A tape of a phone call that the caller knew had been placed on speaker phone could be played at a deposition, even though the caller did not know that the call was recorded.

CV15-6024901
Lee, J.

Connecticut Supreme Court

State v. Jason

Special Parole Was Not a Required Element of Sentence

A trial court wrongly concluded it was required to re-sentence a defendant to a period in prison plus a period of special parole, to comply with Connecticut General Statutes §53a-70(b)(3).

SC 19446
Palmer, J.

Hartford J.D., at Hartford

Bellantuono v. Windham Rt. 6 Partners LLC

Judicial Marshal who Fell in Parking Lot Awarded $56,980

A court can award economic damages, for medical expenses and loss of wages, and noneconomic damages, for pain and suffering, to an individual who slipped and fell on snow when he took his first step.

CV14-6050749
Peck, J.

Connecticut Appellate Court

Kumah v. Brown

Greenwich Entitled To Immunity in Fire Truck Accident

A jury reasonably can find that a municipality exercised its discretion when it positioned a fire truck across the middle and right travel lanes of a highway.

AC 36716
Beach, J.

United States Court of Appeals for the Second Circuit

Murphy v. City of Stamford

Taxpayer Lacked Valid Conspiracy Claim Against Stamford Defendants

Under the intracorporate conspiracy doctrine, officers, agents and employees of a single corporate entity are legally incapable of conspiring together.

14-2485

Compensation Review Board

Dahle v. Stop & Shop

'Date of Injury' Rule Required Offset for Social Security Benefits

The "date of the injury" rule provided that the law in effect as of the date of the injury would determine claimant's eligibility for workers' compensation benefits, regardless of subsequent amendments.

6035 CRB-6-15-10
Mastropietro, with Schoolcraft and Barton

Stamford/Norwalk J.D., at Stamford

Pettiford v. State

UPS Driver's Contributory Negligence Was 60 Percent

Rejecting a UPS driver's claim that he was in an unmarked crossway when a motorist collided with him, the court found that the driver could not prevail on his negligence claims, because his contributory negligence was 60 percent.

CV10-6007480
Adams, J.T.R.

Connecticut Supreme Court

State v. Smith

Quarles Public Safety Exception Applied to Initial Confession

Public safety gave rise to an exception to the rule that Miranda warnings be given prior to a custodial interrogation.

SC 19322
Rogers, C.J.

New Haven J.D., at New Haven

McCarroll v. City of East Haven

Highest Rung on Playscape Ladder Allegedly Had Loose Bolt

An exception to government immunity that existed for an identifiable victim of imminent harm did not apply if a rung on the ladder of a public school playscape had a loose bolt.

CV14-6044518
Fischer, J.

New London J.D., at New London

Deangelis v. Law Office of Nicholas Cardwell

Nicholas Cardwell's Client Filed Second Legal-Malpractice Claim

Res judicata could be an absolute bar to a subsequent action for legal malpractice, if the identical cause of action previously was adjudicated on the merits.

CV15-5014942
Devine, J.

Ansonia/Milford J.D., at Milford

Millo v. Sabo

Defendant Denied He Authorized Attorney To Settle with Plaintiff

A trial court possessed the power to enforce a settlement agreement.

CV14-6017208
Stevens, J.

Freedom of Information Commission

Spatola v. Superintendent of Sch., New Milford Public Sch.

New Milford Teacher Ratings Qualified As 'Public Records'

Records that indicated teacher ratings in a particular municipality, without identifying individual teachers and schools, qualified as "public records."

FIC 2015-453
Freedom of Information Commission

Fairfield J.D., at Bridgeport

Kellogg v. Fayerweather Yacht Club

Lawyer Requested Reinstatement to Yacht Club without Apology

A private club can suspend one of its members and condition reinstatement on a written apology, provided that the club's by-laws are reasonable, the member received a meaningful hearing and the sanction was reasonable.

CV14-6046497
Thim, J.T.R.

New Haven J.D., at New Haven

McCall v. Tuxedo Junction Entertainment

Plaintiff Awarded $378,175 for 2012 Assault and Stabbing

A court awarded economic damages for medical expenses and non-economic damages, for pain, suffering and scarring, to the victim of an assault.

CV13-6042982
Flanagan, J.T.R.

United States District Court

Dymskaya v. Orem's Diner of Wilton

Worker Who Proved Hostile-Work Environment Won $113,048 in Fees

A court can reduce attorney fees 15 percent for partial success and also because lead counsel performed work that could have been performed by an associate attorney.

3:12cv388
Meyer, J.

Hartford J.D., at Hartford

Eliason v. City of Hartford

Lawyer Who Tripped and Fell Awarded $29,595

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual who trips and falls on an uneven sidewalk.

CV14-6054507
Noble, J.

Litchfield J.D., at Litchfield

State v. Patel

Defendant Claimed Trooper Should Have Known He Hired an Attorney

The Sixth Amendment right to counsel is offense specific and it does not extend to uncharged offenses.

CR13-143597
Danaher, J.

New Britain J.D., at New Britain

Pierczyk Straska Farm v. Town of Rocky Hill

Farm Objected that Municipal Blight Ordinance Did Not Apply

A municipal blight ordinance can extend to a farm and farming operations.

CV15-5016838
Swienton, J.

United States District Court

This LLC v. Jaccard Corp.

Defendant Was First to File a Complaint Alleging Infringement

The court in which the first-filed action was brought was entitled to decide whether an exception to the first-filed rule applied.

3:15cv1606
Arterton, J.

Connecticut Supreme Court

State v. Obas

Exemption from Sex Registry Did Not Violate Plea Agreement

A trial court can exempt a defendant who has served his sentence and who has registered as a sex offender from a requirement that he continue to register.

SC 19290
Eveleigh, J.

Hartford J.D., at Hartford

Burke v. Burke

Husband Requested that Wife Contribute to College Expenses

A wife who had "limited financial circumstances" was not required to contribute to college expenses for the parties' child.

FA01-0726776
Ficeto, J.

Connecticut Supreme Court

Geysen v. Securitas Sec. Serv.

Employer's Sales Incentive Plan Did Not Violate Conn. Public Policy

A sales incentive contract that provided that sales commissions would be paid only if invoiced to the client before the employee was discharged did not violate public policy and was enforceable.

SC 19545
Rogers, C.J.

Freedom of Information Commission

Smith v. Cooke

Complainant Requested Legal Invoices that Did Not Yet Exist

Respondents were not required to comply with a request for records that did not exist at the time of the request.

FIC 2015-380
Freedom of Information Commission

Connecticut Supreme Court

State v. Peeler

1st Impression on Right to Order State to Pay Private Defense Cost

The trial court did not deny defendant his right to counsel of choice when it denied his motion to fund his private defense costs on remand.

SC 19282
Robinson, J.

State Elections Enforcement Commission

Complaint by: Desousa

Opponents of Firing Range Did Not Register as a Political Committee

A group that did not request or receive contributions or make expenditures to support or to oppose a candidate or political party or otherwise to influence elections, primaries or referenda was not required to register as a political committee, pursuant to Connecticut General Statutes §9-602 and 9-605.

2015-139
Castagno, Chair

Mashantucket Pequot Tribal Court

Ruffo v. Craft Worldwide Holdings

Plaintiff Who Fell on Floor Light Fixture Awarded $289,189

A court can award economic damages for medical expenses and loss of wages and non-economic damages for pain and suffering to an individual who trips and falls.

MPTC-CV-PI-2013-107
O'Connell, J.

United States Court of Appeals for the Second Circuit

Nowak v. Lynch

Polish Citizen Admitted to Possession of 18 Grams of Pot

A Polish citizen's claims that the immigration judge and the Board of Immigration Appeals misread the police report failed as a result of his admission that 18 grams of marijuana, a scale and baggies found in his bedroom belonged to him.

15-1409-ag

New Haven J.D., at New Haven

Drayson v. Chubb Nat'l Ins.

Defendant Won 30-Day Extension to Respond to Offer

A court can grant a defendant a 30-day extension to respond to a plaintiff's offer of compromise.

CV15-6054474
Alander, J.

Freedom of Information Commission

Wood v. Superintendent of Sch., Stafford Pub. Sch.

Superintendent Refused to Provide Information about Admin Leave

A reporter who requested access to "records of disciplinary action" was not entitled to records that concerned an elementary school teacher placed on administrative leave, following a report about inappropriate conduct.

2015-210
Freedom of Information Commission

Connecticut Appellate Court

Housing Auth. of the Town of Greenwich v. Weitz

Section 8 Tenant's Attorney Appeared, Was Ready for Trial

A trial court wrongly defaulted a Section 8 tenant, solely on the basis of her absence from court, when her attorney went to court and indicated that he was ready to proceed.

AC 36966
Per Curiam

United States Court of Appeals for the Second Circuit

In Re: [Redacted]

Unnamed Attorneys Missed Mandatory Mediation Conference

Attorneys remained counsel of record until relieved of the obligation by the Second Circuit and were expected to comply with the Second Circuit's order to attend a mediation conference, even though their client hired new counsel.

16-90010-am

United States Court of Appeals for the Second Circuit

United States v. Constantinou

Defendant Objected to Use of Side Bars During Voir Dire

Use of side bars during voir dire, which is a common practice in Connecticut district court, may not qualify as clear or obvious error.

14-4725

United States Court of Appeals for the Second Circuit

Jara v. Lynch

Petitioner Who Was Gay Sought Asylum in United States

A petitioner who was gay did not prove it was more likely than not that she would be tortured, if she were deported to Peru.

14-2145

New Britain J.D., at New Britain

State v. Carter

60 Years for Stabbing on Valentine's Day Affirmed

An individual who allegedly had a history of domestic violence and who violated a restraining order and stabbed his former girlfriend several times on Valentine's Day could be sentenced to 60 years in prison.

CR09-0040912
Kahn, J., Alexander, J., and Ginocchio, J.

Freedom of Information Commission

Talbert-Slagle v. Superintendent of Sch., Hartford Public Sch.

Hartford Public Schools Inadvertently Failed to Comply

Respondents who fail to comprehend the ninth part of a nine-part request for records and inadvertently fail to comply can violate C.G.S. §1-210(a) and 1-212(a).

FIC2015-313
Freedom of Information Commission

Litchfield J.D., at Litchfield

Zevin v. Murashova

Husband from Belarus Did Not Prove Wife Abandoned Family

A court can find one party at greater fault for the breakdown of the marital relationship, because he was emotionally unavailable and uncommunicative.

FA15-5007602
Gallagher, J.T.R.

New Britain J.D., at New Britain

Prendergast v. Comm'r of Motor Vehicles

Motorist Protested Continuance After the State Rested its Case

A hearing officer is allowed to grant a continuance upon a showing of good cause, pursuant to Connecticut General Statutes §14-227b(g), and can permit state witnesses to testify even after the state has rested its case.

CV15-6029663
Schuman, J.

Fairfield J.D., at Bridgeport

Forest v. Millien

Suit Against Hospital Sounded in Ordinary Negligence

A plaintiff who filed a complaint against a hospital for negligent supervision and administration was not required to provide a written opinion from a similar healthcare provider, pursuant to Connecticut General Statutes §52-190a.

CV15-6053441
Bellis, J.

United States Court of Appeals for the Second Circuit

Am. Psychiatric Ass'n v. Anthem Health Plans

Doctors' Discrimination Claims Against Health Insurers Dismissed

Doctors were not permitted to stand in the shoes of patients and lacked standing to sue health-insurance companies for alleged discrimination against patients who suffered from mental health and substance abuse disorders.

14-3993-cv
Walker, J.

Connecticut Appellate Court

Allied Assoc. v. Q-Tran Inc.

Superior Court Applied Incorrect Definition of 'Mistake'

If a "mistake" was defined as an error, misconception or misunderstanding, a failure to name the correct plaintiff in a complaint could qualify as a "mistake" pursuant to Connecticut General Statutes §52-109.

AC 37100
Prescott, J.

Middletown J.D., at G.A. 9

State v. Grimes

Defendant Convicted of Violent Sex Assault to Register for Life

A registration requirement automatically was triggered when defendant was convicted for a sexually violent offense.

CR04-169970
Vitale, J.

Connecticut Appellate Court

Morquecho v. Comm'r of Correction

Brother Was Willing To Provide Alibi for Petitioner

Defense counsel's failure to call petitioner's brother as a witness did not constitute ineffective assistance of counsel unless the testimony would have been helpful to the defense.

AC 37461
DiPentima, J.

Board of Mediation and Arbitration

City of Hartford and IAFF, Local 760

Pump Operator Requested Promotion to Ladder Driver

A union adequately alleged that a municipality violated a collective bargaining contract when it filed a grievance complaint that alleged that a worker was wrongly denied a promotional opportunity, in violation of rules and regulations.

2015-A-0388
Daly, Leverty and Shay

United States Court of Appeals for the Second Circuit

Yale-New Haven Hosp. v. Nicholls

Second Wife's Request for Re-Hearing on Benefits Denied

The Second Circuit can deny a request for a re-hearing on the validity of domestic relations orders that were entered after the plan participant passed away.

13-4725-cv

United States District Court

Zubek v. Warden

Inmate Alleged Inadequate Treatment Led to Amputation

A pro se plaintiff whose foot became infected and was amputated failed to state claims for inadequate conditions of confinement or deliberate indifference to a serious medical need, in violation of the Eighth Amendment.

3:15cv1633
Bryant, J.

Board of Mediation and Arbitration

City of Meriden and AFSCME, Council 15, Local 1016

Officer Allegedly Signed Letter Without Reading it

A municipality can possess just cause to discharge an officer for allegedly engaging in conduct unbecoming an officer and for making public statements with reckless disregard of facts.

2014-A-0311
Gnocchi and Leverty – Shea dissented

United States District Court

Warner v. Mejia

Estranged Husband Sued Social Worker for False Imprisonment

A reasonable jury could not find that defendant social worker restrained plaintiff's physical liberty, as required for plaintiff to prevail on a false imprisonment claim.

3:14cv1968
Hall, J.

New Britain J.D., at New Britain

Burgos v. Adm'r, Unemployment Compensation Act

Worker Who Quit Was not Entitled to Unemployment Benefits

A worker who voluntarily left suitable work, without good cause attributable to his employer, was not entitled to unemployment benefits, pursuant to Connecticut General Statutes §31-236(a)(2)(A).

CV15-5016655
Tanzer, J.T.R.

Windham J.D., at Putnam

Bonvouloir v. The Partner Network

Plaintiff Won Triple Damages for Breach of Sales Contract

A plaintiff who proved that defendant wrongfully breached a purchase-and-sales agreement, because it did not convey title and did not return the deposit, was entitled to triple damages, pursuant to Connecticut General Statutes §52-564.

CV15-6009134
Calmar, J.

Board of Mediation and Arbitration

Town of East Haven and AFSCME, Council 4, Local 1303-159

Town Fired Secretary who Requested Second FMLA Leave

A worker who exhausted her FMLA leave to care for an injured child may not be entitled to take a second FMLA leave, because she suffered from acute stress.

2015-A-0157
Cho, Esq., Melita and Panagrossi

Connecticut Supreme Court

State v. Saturno

Tenant with Pipe Bomb Did Not Prove Violation of Article First, §7

Defendant did not prove that he or the owner of an apartment building were entitled to notice and the opportunity to be heard, before the issuance of an administrative search warrant.

SC 19602
Eveleigh, J.

Stamford/Norwalk J.D., at Stamford

Wolf v. Wolf

Wife Alleged Husband Gave Child a Check for Child Support

A court found a husband in contempt of court and ordered that he pay $1,000 toward the wife's attorney fees, because he allegedly bypassed the wife and paid child support directly to the parties' child.

FA13-4024791
Colin, J.

New Haven J.D., at New Haven

Horrocks v. Keepers Inc.

1st Impression on Alleged Unconscionability of Arb Clause

A court can enforce an arbitration clause that is not procedurally or substantively unconscionable and that does not violate public policy.

CV15-6054684
Wilson, J.

Board of Mediation and Arbitration

City of Derby and AFSCME, Council 4, Local 1375

Cop Asked to Carry Over Eight Unused Vacation Days

A collective bargaining contract provision that permitted carry-overs of vacation days in the event of an emergency, illness or injury was enforceable.

2015-A-0244
Cain, Panagrossi and Culhane

United States Court of Appeals for the Second Circuit

Lusanga v. Lynch

Citizen of Congo Did Not Prove Likelihood of Torture

To prevail on a claim under the Convention Against Torture, a petitioner may be required to prove it is more likely than not that he would be tortured if he returned to his country.

12-3776

Commission on Human Rights and Opportunities

Comm'n on Human Rights and Opportunities ex rel. Lauray v. City Hall Cafe

African-American Cook Alleged his Discharge Was Racially Motivated

The Commission on Human Rights and Opportunities awarded compensatory damages for emotional distress to a cook who proved that he suffered profound distress and sought psychiatric counseling as a result of alleged racial discrimination.

1530333
Wright, Presiding Human Rights Referee

Fairfield J.D., at Bridgeport

Rodriguez v. Energy Brands

Agreement to Settle Suit for $18,000 Was Enforceable

A court can enforce a settlement agreement, if a party provided his attorney actual authority to settle.

CV14-6041669
Rush, J.T.R.

Fairfield J.D., at Bridgeport

Benedict v. The Cheesecake Factory

Cheesecake Factory Worker Alleged Boss Assaulted Her

The exclusivity provision of the Workers' Compensation Act in Connecticut General Statutes §31-284(a) barred plaintiff employee's negligence claim for damages that resulted from a former supervisor's alleged assault.

CV15-6052525
Wenzel, J.

United States District Court

Sherman v. Burwell

Medicare Claimants Won Request for Certification as Class Action

A court could certify a class action, if plaintiff proved the elements of numerosity, typicality, common questions of law or fact and that representative parties would fairly and adequately protect the interests of the class.

3:15cv1468
Meyer, J.

Tolland J.D., at Rockville

Beltran v. Warden

Petitioner Claimed Counsel Did Not X-Examine Witness on Inconsistencies

Trial counsel did not provide ineffective assistance of counsel when he made a strategic decision to not engage in a lengthy cross-examination of a young witness.

CV14-4005776
Oliver, J.

Fairfield J.D., at Bridgeport

Balcombe v. Balcombe

Wife Who Became U.S. Citizen Proved Husband at Greater Fault

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

CV15-5030998
Adelman, J.

Freedom of Information Commission

Colonial Health v. Comm'r, Dep't of Public Health

Department of Public Health Ordered to Search Diligently

A public agency that does not conduct a diligent search in response to a Freedom of Information Act request can violate C.G.S. §1-210(a) and 1-212(a).

FIC 2015-242
Freedom of Information Commission

Ansonia/Milford J.D., at Milford

Windham v. Doctor's Assoc.

Franchisee who Breached Subway Contract to Pay $250 per Day

A court upheld an arbitrator's decision to terminate plaintiff's Subway franchise and required that plaintiff pay $250 per day, as long as he continued to operate the franchise.

CV11-6007428
Hiller, J.T.R.

New Haven J.D., at New Haven

White v. Nat'l R.R. Passenger Corp.

R.R. Platform Did Not Qualify as 'Sidewalk' under §13a-144

The fact that individuals walked on railroad platforms did not convert them into "sidewalks," for purposes of Connecticut General Statutes §13a-144.

CV15-6055608
Blue, J.

United States Court of Appeals for the Second Circuit

Smulley v. Mutual of Omaha Bank

Abstention Was Not Required After Several Defendants Settled

The Colorado River doctrine permitted dismissal when parallel proceedings between substantially the same parties were pending in federal and state courts.

14-4499

Freedom of Information Commission

Simko-Bednarski v. Executive Dir., Human Resources, Stamford Pub. Sch.

Stamford Advocate Won Motion To Disclose Letter of Suspension

Disclosure of a letter of suspension of a public high school teacher may not violate the teacher's personal privacy. On March 2, 2015, complainants Evan Simko-Bednarski and the Stamford Advocate requested a copy of the letter of suspension that the Stamford Public Schools sent to a high school teacher, Lee Teich.

FIC 2015-271
Freedom of Information Commission

Litchfield J.D., at Litchfield

Penney v. Holley

Grandmother Victim of Dog Bite Awarded $2,003

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to the victim of a dog bite.

CV14-6010281
Shah, J.

Hartford J.D., at Hartford

Blue v. Dye House Assoc.

Estates Claimed Owner Did Not Provide Adequate Security

Plaintiffs did not allege that an unauthorized intruder, visitor or trespasser killed plaintiffs' decedents, and the court dismissed claims that the owner and property manager should have excluded and barred the alleged perpetrator, to prevent him from entering the property.

CV14-6055943
Huddleston, J.

United States District Court

Estate of Gardner v. Continental Cas. Co.

Long-Term Care Policyholders Won Class-Action Certification

Common questions of fact or law existed concerning whether nursing care facilities were required to provide licensed nursing care 24 hours per day so that plaintiffs would qualify for coverage under long-term care insurance policies.

3:13cv1918
Arterton, J.

United States District Court

Chabad Lubavitch of Litchfield County v. Borough of Litchfield

Reasonable Factfinder Could Find Religious Discrimination

To establish a prima facie nondiscrimination claim under RLUIPA, a plaintiff must produce evidence that defendants, when they denied a religious organization's application to build an addition, acted with intent to discriminate on the basis of religion.

3:09cv1419
Hall, J.

Unites States District Court

United States v. Chavez

Defendant Protested Disclosure of Cell Tower Location Information

The Stored Communications Act authorized the government to request cellular records from telecommunications companies based on a court order.

3:14cr185
Meyer, J.

Statewide Grievance Committee

Minto v. Richards

Lawyer Allegedly Did Not Pay Court Reporter's Invoice for 5 Months

A lawyer who allegedly did not pay a court reporter's invoice for more than five months engaged in conduct prejudicial to the administration of justice.

15-0455
Goulden, Freedman and Slossberg

Waterbury J.D., at Waterbury

Noseworthy v. Stango

Applicant Sought to Continue Civil Order of Protection

A court denied a request to continue a civil order of protection, because respondent appeared to have a supportive family, no prior history of violence and he was not arrested or disciplined at school.

CV16-4036064
Taylor, J.

Connecticut Appellate Court

Moye v. Comm'r of Correction

Client Alleged Trial Counsel Did Not Request Competency Hearing

An attorney who arranged for mental health evaluations of his client and who concluded that his client probably was not incompetent, although she suffered from mental illness, was not required to request a competency hearing.

AC 36851
Cremins, J.

United States District Court

Eberg v. United States Dep't of Def.

Female Vet Sought Records to Support Allegations of Harassment

To prevail on a motion for summary judgment in connection with a Freedom of Information Act complaint, the government must prove, beyond a material doubt, it conducted a search reasonably calculated to uncover all relevant documents.

3:14cv1696
Bolden, J.

United States Court of Appeals for the Second Circuit

Nat'l Labor Relations Bd. v. Am. Med. Response of Conn.

American Medical Response Wrongly Discharged Union Activist

A company that allegedly discharges an employee because of his union-related activities can violate §8(a)(1) of the National Labor Relations Act.

14-4998 and 14-4648

United States District Court

Springsted v. Valenti Motors

Plaintiffs Alleged Volkswagen Passat's Engine Was Not Adequate

Federal jurisdiction over a state-law claim existed, if the federal issue was necessarily raised, actually disputed, substantial and capable of resolution in federal court without disrupting federal-state balance.

3:16cv214
Arterton, J.

New London J.D., at New London

McCarthy v. ECP-PF

1st Impression on whether Health Club Qualified as 'Product Seller'

Ruling on an issue of apparent first impression in Connecticut, a court found that a health club did not qualify as a "product seller" under the Connecticut Product Liability Act.

CV15-6025415
Vacchelli, J.

Hartford J.D., at Hartford

Jefferson v. PRRC Inc.; PRRC Inc. v. Cargill Inc.

Consumer Alleged Food Poisoning from Turkey Wings

A consumer who allegedly became ill as a result of consuming turkey wings was required to present a medical expert to support her allegations that she suffered from food poisoning.

CV12-6035765
Elgo, J.

Hartford J.D., at Hartford

State v. Satti

10 Years for Bookkeeper Who Allegedly Stole $415,000 Affirmed

A court can sentence a bookkeeper who allegedly stole approximately $415,000 to 10 years in prison, execution suspended after 42 months.

CR14-166545
Fischer, J., Hadden, J. and Ginocchio, J.

New Haven J.D., at New Haven

State v. Wang

State Requested Involuntary Administration of Psych Drugs

A court can order the involuntary administration of psychiatric medication, if the medication is substantially likely to render a defendant competent to stand trial and will not cause unnecessary risk to defendant's health or interfere with defendant's ability to assist defense counsel.

CR10-0104889
O'Keefe, J.

United States District Court

United States v. Bick

Jury Convicted Defendant of Money Laundering and Wire Fraud

A court could set aside the verdict and order a new trial to avert a miscarriage of justice.

3:15cr1
Meyer, J.

Hartford J.D., at Hartford

Leslie v. Hartford Bd. of Educ.

Board of Ed Entitled to Immunity for Haunted House Fundraiser

A school-sponsored fundraiser activity held to support other school-sponsored activities does not constitute "proprietary," as opposed to governmental conduct, even if the fundraiser makes a profit.

CV14-6047423
Elgo, J.

New Haven J.D., at New Haven

Roscoe v. Elim Park Baptist Home

Executor Alleged Nursing Facility Violated CUTPA

Allegations that defendant nursing facility engaged in fraudulent misrepresentation and civil theft, if proved, can be sufficient to allege that defendant violated the Connecticut Unfair Trade Practices Act.

CV14-6049541
Frechette, J.

Connecticut Appellate Court

Washington v. Comm'r of Correction

No Proof Trial Counsel Did Not Provide Effective Assistance

An individual accused of committing crime had a Sixth Amendment right to effective assistance of counsel during plea negotiations.

AC 37420
Per Curiam

New London J.D., at New London

Property Owners Consulting v. Cafiero

Property Owners Consulting v. Cafiero

A court can award damages to a company that proves a former employee set up a competing company and used plaintiff's contact information, a similar solicitation letter and plaintiff's business equipment to compete directly, in violation of a contract not to compete.

CV13-6019015
Devine, J.

Unites States District Court

Martinez v. State

Corrections Officer Failed to Prove Gender Discrimination

To establish a prima facie case of failure to promote, a plaintiff was required to prove: (1) she belonged to a protected class; (2) she applied for and was qualified for the job; (3) she was rejected; and (4) the job remained unfilled, and defendant employer continued to seek applicants with plaintiff's qualifications.

3:13cv457
Meyer, J.

New London J.D., at New London

State v. Rios

20 Years for First-Degree Manslaughter of Infant Affirmed

An individual who pleads guilty to first-degree manslaughter can be sentenced to 20 years in prison.

CR13-121336
Fischer, J., Hadden, J., and Ginocchio, J.

Stamford/Norwalk J.D., at Stamford

One Commons Park v. The Water Pollution Control Auth. of the City of Stamford

Genuine Issues Concerning City of Stamford's Sewer Charges

Connecticut General Statutes §7-255 provides, "The water pollution control authority may establish and revise fair and reasonable charges for connection with and for the use of a sewerage system."

CV11-6011647
Adams, J.T.R.

Hartford J.D., at Hartford

Cizek v. Cizek

Connecticut has Jurisdiction Over Wife who Resides in Germany

Because plaintiff husband met the Connecticut residency requirement, the parties jointly filed taxes in Connecticut and no other state possessed jurisdiction, the court concluded it had personal jurisdiction over defendant wife.

FA15-6061349
Suarez, J.

Connecticut Appellate Court

Farren v. Farren

Involuntary Psych Commitment Did Not Excuse Absence from Trial

Absent adequate evidence from a doctor, allegations that defendant could not make it to court because he was involuntarily committed to a psychiatric hospital may not be sufficient to delay a trial.

AC 37079 and AC 37080
Beach, J.

United States District Court

Kolpinski v. Rushford Ctr.

Fired Whistleblower Won Remand to Connecticut State Court

A fired whistleblower had the option to seek protection under the First Amendment of the U.S. Constitution, the Connecticut Constitution, or both.

3:15cv1267
Underhill, J.

Statewide Grievance Committee

Serrano v. Couloute; Azzarito v. Couloute; Hendreicks v. Couloute

Stamford Attorney Is Subject of Six Presentments

An attorney can reach agreement with disciplinary counsel to consolidate various disciplinary matters for decision by the Connecticut Superior Court.

15-0221; 15-0196 and 15-0204
O'Sullivan, Esq, Castillo and Summa, Esq.

Stamford/Norwalk J.D., at Stamford

Brody v. Brody

Hedge Fund Founder's Former Wife in Willful Contempt

A party who willfully violated a clear and unambiguous court order could be found in contempt of court.

FA08-4014434
Tindill, J.

United States District Court

Allstate v. Stearns

Insurer Required to Defend Insured Who Engaged in Fistfight

Injuries caused by action taken in self-defense can qualify as accidents and occurrences under an insurance policy.

3:14cv1984
Underhill, J.

United States District Court

Polite v. Winn Residential

Tenant Refused Landlord's Reasonable Accommodation

A tenant who allegedly refuses to accept a reasonable accommodation may not raise a plausible inference that defendant landlord refused to accommodate her disability.

3:14cv1921
Bolden, J.

Freedom of Information Commission

Maurer v. Dir. of Human Resources

Human Resources Not Required To Produce Recs it Did Not Keep

Even if a municipality manual indicates that "original applications, resumes, copies of employment letters and copies of rejection letters" shall be kept, if no evidence exists that respondents actually kept and maintained the records, the municipality is not required to produce them upon request.

2015-176
Freedom of Information Commission

Freedom of Information Commission

Alston v. Comm'r, Dep't of Correction

Incarcerated Gang Member Sought Copy of DOC Management Manual

Records concerning security risk groups or gangs can be exempt from disclosure under the Freedom of Information Act. On Feb. 19, 2015, Ira Alston, an inmate at Northern Correctional Institution in Somers, requested a copy of the Department of Correction's security risk group management manual; documents that caused the Department of Correction to decide in 2002 that the Bloods qualified as a security risk group or gang; and copies of administrative directive 6.14.

2015-189
Freedom of Information Commission

Freedom of Information Commission

Kauffman v. Chair, State of Conn., Bd. of Trustees

UConn Wrongly Barred Courant Reporter from Budget Meeting

The board of trustees of the University of Connecticut violated Connecticut General Statutes §1-225(a) when it convened in executive session for an improper reason.

2015-452
Freedom of Information Commission

United States District Court

Strauch v. Computer Sciences Corp.

Defendant in FLSA Collective Action Objected to Deposition Cap

A court can cap the number of depositions for second- and third-tier plaintiffs in a massive FLSA collective action at 60.

3:14cv956
Arterton, J.

Statewide Grievance Committee

Deangelo v. Vaccaro

Allegedly Attorney Refused To Pay Doctor's Entire Invoice

An attorney who allegedly signs a letter of protection to a medical provider and fails to forward enough settlement money to pay all the medical provider's invoices can violate Rule 1.15(f) of the Rules of Professional Conduct.

14-0668
Cousineau, Esq., Freedman and Koffsky, Esq.

United States District Court

Simonsen v. Bremby

Quadriplegic with $1 M Trust Likely to Qualify for Medicaid

If a trust contains a spendthrift clause, the beneficiary lacks a right to access the trust principal, and the trust does not count as an available resource for Medicaid eligibility purposes.

3:15cv1399
Bolden, J.

Connecticut Appellate Court

Tavani v. Riley

Father Requested Declaratory Ruling on Child Support Arrearage

A father's claim that he did not owe child support can be justiciable.

AC 37034
Harper, J.

United States District Court

Nastu v. Stamford Health Integrated Practices

Health Network Barred Patient who Made Doctor Fear for Safety

To establish an "injury in fact" for purposes of the Americans with Disabilities Act, plaintiff was required to prove that it was reasonable to infer that plaintiff intended to return to defendant in the future.

3:16cv292
Hall, J.

Freedom of Information Commission

Shafer v. Chief, Police Dep't, Town of Stratford

ACLU Requested Copies of Police Records Concerning Drones

Connecticut General Statutes §1-210(b)(3)(E) provided an exception to disclosure of public records, if disclosure would result in the disclosure of law enforcement investigatory techniques.

FIC 2015-581
Freedom of Information Commission

State Elections Enforcement Commission

Complaint by: Fox

Owner of DaSilva Realty Violated State Contractor Ban

An individual who qualified as the principal of a prospective state contractor was banned from donating to a gubernatorial committee and to a party committee, pursuant to Connecticut General Statutes §9-612(f)(2)(A) of the state contractor ban.

2015-179
Castagno, Chair

Board of Mediation and Arbitration

Success Village and UAW Local 376

Employer Lacked Just Cause to Discharge Maintenance Worker

Arbitrators can find that discharge is overly harsh, and order reinstatement with back pay.

2014-A-0425
Daly, Esq. and Shay – Boldry dissented

New Haven J.D., at New Haven

Kapoor v. United Illuminating

No Evidence that UI Knew About Potential Public Nuisance

To prevail on absolute public nuisance, plaintiff was required to prove that defendant's intentional conduct caused the nuisance.

CV10-6014849
Fischer, J.

United States Court of Appeals for the Second Circuit

Stephenson v. State

Petitioner Claimed Security Officer Recanted Trial Testimony

The Second Circuit ordered the district court to decide whether the petitioner possessed a credible, compelling claim of actual innocence, after a security officer allegedly recanted his trial testimony.

14-1310

Ansonia/Milford J.D., at Milford

Simko v. Zoning Bd. of Appeals of the City of Milford

Court Reversed ZBA's Decision To Grant Variance

A court can find that a need for repairs and the desire for a larger living space are insufficient hardships to merit the grant of a variance and to expand a legally nonconforming building.

CV15-6017940
Hiller, J.T.R.

Connecticut Supreme Court

Styslinger v. Brewster Park

Assignee Requested that Court Wind Up Limited Liability Company

Plaintiff lacked standing as an assignee to request that the Superior Court wind up a limited liability company in the absence of a corporation dissolution.

SC 19489
Vertefeuille, J.

Hartford J.D., at Hartford (Housing Session)

Lee v. Frederick

Tenants Did Not Prove Premises Were Not Habitable

Although a refrigerator did not work during part of one month during the tenancy, a court found that the landlord met his obligation to make the premises habitable when he obtained a replacement refrigerator and arranged for maintenance.

HDSP-180253
Rubinow, J.

Connecticut Appellate Court

Gonzales v. Langdon

Court Wrongly Denied Request to Consider Amended Dr.'s Opinion

A medical-malpractice plaintiff who files a legally insufficient written opinion need not file an entirely new complaint, if an amendment can cure a defect soon after the original complaint is filed.

AC 37090
Prescott, J.

Freedom of Information Commission

Mechare v. Downs

Discussion of Pay and Health Insurance Found Appropriate

The phrase "executive session—personnel matters" previously was found to be too vague to communicate to the public the business to be transacted at a meeting.

FIC 2015-534
Freedom of Information Commission

Connecticut Supreme Court

Southport Congregational Church-United Church of Christ v. Hadley

Seller Signed Contract and Passed Away before Closing

When a seller signs a contract and passes away, before the closing takes place, courts can apply the doctrine of equitable conversion to find that equitable title passed to the buyer when the seller signed the sales contract.

SC 19398
Robinson, J.

New Haven J.D., at New Haven

Castro v. MacDonald

Tow Operator Alleged Driver Who Crashed Created a Public Nuisance

To prevail on a claim of public nuisance, a plaintiff must prove that defendant's use of the land was unreasonable or unlawful.

CV14-6050225
Alander, J.

United States Court of Appeals for the Second Circuit

Steve v. Arone

Single Interference with Mail Insufficient to State a Claim

Allegations that a prison mail room interfered with a prisoner's mail on one occasion may be insufficient to state a civil-rights claim under 42 United States Code §1983.

15-309

Board of Mediation and Arbitration

City of Bridgeport and AFSCME, Council 4, Local 1159

Suspension for Harassing Civilian Reduced to 45 Days

Just cause required that discipline be reasonably related to the seriousness of an employee's offense and the employee's proven record of service to his employer.

2016-A-0071
Cain and Neary – Leverty dissented

Fairfield J.D., at Bridgeport

Nolan v. Younger

Mom's Insurance Did Not Cover Son's Motorcycle Accident

A parent's insurance policy, which only covered a Volkswagen, did not provide uninsured-motorist benefits for a child's fatal motorcycle accident.

CV15-6048709
Arnold, J.

Waterbury J.D., at Waterbury

Anderson v. Anderson

Father Fined for Late Visits and Failure to Visit

A court fine a father who arrived late for visitation, failed to notify the wife that he intended to visit or missed visitation, in violation of a prior court order.

FA08-4015639
Cutsumpas, J.T.R.

State Elections Enforcement Commission

Complaint by: Clapper

Nonprofit Held Walking Tour for City Council Candidates

Because candidates who participated in a community walking tour that a nonprofit foundation sponsored did not make speeches, distribute campaign literature or request funds, the nonprofit did not violate Connecticut election law.

2015-153
Castagno, Chair

Connecticut Appellate Court

Town of Ellington v. Robert

$5,500 for Foreclosure Attorney Fees Not an Abuse of Discretion

A trial court did not abuse its discretion when it awarded attorney fees of $5,500 in a tax foreclosure case.

AC 37193
Per Curiam

United States Court of Appeals for the Second Circuit

Hannon v. Schulman and Assoc.

Inmate Alleged Denial of Legal Assistance Violated §1983

An inmate who filed a civil-rights complaint, alleging that defendants did not provide legal assistance, in violation of 42 United States Code §1983, was required to allege that a state actor was involved personally, and that the allegedly unlawful conduct prejudiced a legal action.

15-2132

New Haven J.D., at New Haven

Moreno v. H.N.S. Management

Plaintiff with Arthritis Won $7,000 for Fall when Exiting Bus

A plaintiff was not entitled to an additur, if the jury award failed to shock the court's conscience.

CV13-6035955
Wilson, J.

Board of Mediation and Arbitration

PolyOne Designed Structures and Teamsters, Local 191

Worker Allegedly Cursed at Boss who Asked why He Was Lying Down

An employer can possess just cause to discharge a worker who allegedly decided to lie down and then cursed at and acted aggressively when a supervisor requested an explanation.

2016-A-0010
Diaz, Ryan and Krzywicki

United States Court of Appeals for the Second Circuit

Gold v. Harrington

Estate Attorney Did Not Adequately Document Time

A bankruptcy court could abuse its discretion, if: (1) the decision rested on an error of law, such as the use of the wrong legal principle; or (2) its decision could not be located within the range of permissible decisions.

15-2310

Statewide Grievance Committee

Zuckerman v. Snaider

Former New Haven Attorney Allegedly Converted $269,694

An attorney who allegedly keeps money that belongs to his client and converts that money for his own personal use engages in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4).

15-0282
Goulden, Esq, Sansone, Esq. and Gill

United States Court of Appeals for the Second Circuit

Larobina v. Wells Fargo Bank

Emotionally Distraught Mortgagor Failed to Prove CUTPA Violation

A plaintiff who alleges emotional distress as a result of false charges of being delinquent on his mortgage may not be able to establish an "ascertainable loss," as required to prove unfair trade practices.

14-2961

United States District Court

United States v. Jones

Forcing Anti-Psychotic Drugs on Defendant Would be Unconstitutional

The U.S. Constitution only permitted the government to force a mentally ill defendant to take anti-psychotic drugs if defendant faced serious criminal charges, and treatment was medically appropriate, substantially unlikely to have side effects that would undermine the fairness of trial and necessary to further important government interests related to the trial.

3:15cr184
Bolden, J.

Connecticut Supreme Court

Dairyland Ins. Co. v. Mitchell

Motor-Vehicle Policy Exclusion Found Void and Unenforceable

Connecticut General Statutes §38a-335(d) requires that exclusions be set forth separately in an endorsement to the insurance policy that specifically names the individual excluded from coverage.

SC 19482
Rogers, C.J.

United States Court of Appeals for the Second Circuit

Chaudhry v. Target Corp.

Target Defeated Customer's 'Mode-of-Operation' Claim

Connecticut's "mode-of-operation" rule requires evidence that defendant's mode of operation gave rise to a foreseeable risk of injury to customers, and that plaintiff's injury proximately was caused by an accident within the zone of risk.

14-3388

Freedom of Information Commission

Drew v. Comm'r, State of Conn., Dep't of Emergency Serv. and Public Protection

Child Requested Records Concerning Dad's Disappearance

Records that were withheld because disclosure would be an invasion of personal privacy should have been disclosed, unless they were medical records.

FIC 2015-318
Freedom of Information Commission

New Britain J.D., at New Britain

Dental Assoc. of Kensington LLC v. DEB Realty LLC

Dentist Alleged Emotional Distress from Sewage Discharge

No cause of action existed for negligent infliction of emotional distress based solely on damage to property.

CV15-6029683
Young, J.

Connecticut Appellate Court

Edizione v. Dragone

Plaintiff Sought Stay Pending Decision by Court in Rome

A creditor that attempts to enforce a foreign judgment and then discovers that defendants appealed the foreign judgment can be entitled to a stay.

AC 37834
Mullins, J.

Unites States District Court

Peeler v. Fed. Bureau of Investigation

Plaintiff Maintained FBI's Search of Records Was Inadequate

The adequacy of a search was determined by the methods employed, as opposed to the results obtained, and a computer search that used the plaintiff's date of birth and alternate spellings of his name was adequate.

3:15cv169
Squatrito, J.

United States District Court

Stockheimer v. Hanover Ins.

Controlled Substances Exclusion Applied to $3.5 Million Award

A court can enforce a policy exclusion that excludes damages for bodily injury that results from the use of "controlled substances."

3:15cv213
Eginton, J.

United States District Court

Enzo Biochem v. Applera Corp.

Applera Corp. Won Judgment After 12 Years of Litigation

To infringe by equivalence an accused product or process must contain elements or equivalent to each claimed element of the patented invention.

3:04cv929
Arterton, J.

United States District Court

Rinaldi v. Laird

Driver Who Engaged Cops in High-Speed Chase Awarded $10,000

A driver proved by a preponderance of the evidence that a police officer engaged in excessive use of force, in violation of his constitutional rights.

3:14cv91
Meyer, J.

Statewide Grievance Committee

Parisot v. Spector

Colebrook Lawyer Who Allegedly Violated Rule 8.4(4) Was Reprimanded

Rule 8.4(4) of the Rules of Professional Conduct barred attorneys from engaging in conduct prejudicial to the administration of justice.

15-0442
Foti, Castillo and O'Sullivan

Stamford/Norwalk J.D., at Stamford

Ximenes v. Lvov

Plaintiff's $21,812 Award Failed to Shock Sense of Justice

Plaintiff failed to prove that a verdict so shocked the sense of justice as to compel a conclusion that the jury was influenced improperly.

CV14-6020951
Adams, J.T.R.

Waterbury J.D., at Waterbury

State v. Ellis

55 Years for Teen who Allegedly Masterminded Shooting Affirmed

As a result of Public Act 15-84, juvenile offenders cannot be sentenced to life in prison, without the possibility of parole.

CR91-196561
Fasano, J.

Hartford J.D., at Hartford

Raffone v. Overton

Defendants to Pay $70 per Week for Alleged Conversion

At a hearing in damages, a court can order that a defendant who allegedly converted plaintiff's property pay $35 per week on the court judgment.

CV15-5039758
Noble, J.

United States District Court

Hewett v. Triple Point Tech.

Judge Underhill Is Not Required To Recuse Himself

A federal judge is required to "disqualify himself in any proceeding in which his impartiality might reasonably be questioned," pursuant to 28 United States Code §455(a).

3:13cv1382
Underhill, J.

New Haven J.D., at New Haven

Chodos v. Votre

Attorney Won Summary Judgment in Malpractice Suit

To prove causation in a legal-malpractice action, plaintiffs were required to present evidence about what would have happened in the underlying action, if defendant attorney had not been negligent.

CV13-6043043
Alander, J.

Connecticut Supreme Court

Velecela v. All Habitat Serv.

1st Impression on Widow's Claim for Bystander Emotional Distress

The exclusivity provision of the Workers' Compensation Act applied to a widow's claim for bystander emotional distress, because the widow's injuries arose out of her husband's personal injury and death in the course of employment.

SC 19589
Espinosa, J.

Board of Mediation and Arbitration

MDC and AFSCME, Council 4, Local 184

Worker Met Requirements of Position that MDC Posted

Arbitrators can order an employer to consider hiring a job applicant, after the employer wrongly concluded that the applicant lacked proper certification.

2016-A-0001
Brown and Blum – Podurgiel dissented

Waterbury J.D., at Waterbury

State v. Walton

Defense Claimed Photo Array Was Unnecessarily Suggestive

A court can suppress an identification based on a photo array, if police procedures are unnecessarily suggestive.

CR13-0414326
Crawford, J.

Stamford/Norwalk J.D., at Stamford

Maxfield v. Maxfield

Man Upset by STD Twitter Comments Did Not Prove Damages

A plaintiff who fails to establish actual harm to his reputation cannot prevail on a claim for libel per se.

CV14-5014267
Lee, J.

New Haven J.D., at New Haven

Nat'l Coll. Student Loan Trust v. Caulker

Homeless Student Sought Debt Verification and Forbearance

15 United States Code §1692g of the federal Fair Debt Collection Practices Act did not include a time restriction for the creditor to validate debts.

CV15-6058389
Wilson, J.

New Britain J.D., at New Britain

Simpson Constr. v. Tillona

Homeowners Proved Construction Company Violated NHCA and CUTPA

A construction company that served as a project manager infringed Connecticut General Statutes §20-417g of the New Home Construction Act and the Connecticut Unfair Trade Practices Act, because it allowed its registration to lapse during construction, and it did not provide appropriate disclosures to defendant homeowners.

CV14-6025137
Abrams, J.

Connecticut Appellate Court

Kobyluck Bros. v. Planning and Zoning Comm'n

Process of Crushing and Sorting Rock Qualified as 'Manufacturing'

Crushing rock and sorting it and screening it for use as construction aggregate could transform the rock sufficiently to constitute the permitted use of "manufacturing."

AC 37732
DiPentima, J.

Ansonia/Milford J.D., at Milford

Barneby v. New England Sch. of Montessori

Parents Alleged Nursery School Wrongly Expelled their Child

Connecticut did not recognize a cause of action for education malpractice.

CV15-6019330
Stevens, J.

Connecticut Supreme Court

Reynolds v. Comm'r of Correction

Petitioner Who Shot Cop Claimed State Was Lenient to Co-Defendant

The decision to criminally charge an individual and the choice of which crime should be charged were within the discretion of the state.

SC 19071
Eveleigh, J.

Unites States District Court

Pape v. Law Offices of Frank N. Peluso

Attorney Faulkner Won $35,724 in Attorney Fees and Costs

A "prevailing party" under the FDCPA is presumptively entitled to an award of reasonable attorney fees, and a court approved attorney fees of $400 per hour to an attorney with 45 years of experience who specialized in Fair Debt Collection Practices Act cases.

3:13cv63
Margolis, J.

Connecticut Supreme Court

State v. Roman

Murder Defendant Did Not Prove Juror Misconduct

Evidence that bus passengers allegedly discussed defendant's case and that alternate jurors exchanged side comments, rolled their eyes and exchanged skeptical glances may be insufficient to prove that juror misconduct deprived defendant of his Sixth Amendment right to a fair trial.

SC 19474
Espinosa, J.

Board of Mediation and Arbitration

City of Derby and AFSCME, Council 15, Local 1375

Cop on Light Duty Asked to Swap with Cop on Regular Duty

An arbitration contract can provide a chief of police discretion concerning the number and type of light duty assignments, and whether an officer who works a light duty assignment can swap with an officer who has regular duty.

2014-A-0542
Cain, Silvers and Camilliere

Fairfield J.D., at Bridgeport

Montefusco v. Town of Monroe

Driver Alleged Tree Warden Did Not Promptly Remove Rotten Tree

Allegations that a municipality maintained and controlled property that abutted a public highway and negligently failed to promptly remove a large, rotten tree were sufficient to state a claim for negligence.

CV15-6048658
Radcliffe, J.

United States Court of Appeals for the Second Circuit

United States v. Roque

15 Years for Gun Possession Not Cruel and Unusual Punishment

A sentence of 15 years in prison for unlawful possession of a firearm may not violate the Eighth Amendment's ban on cruel and unusual punishment, if defendant previously was convicted on charges of first-degree escape, first-degree assault and first-degree robbery.

14-3768

Connecticut Appellate Court

Pramuka v. Town of Cromwell

Genuine Issue Whether Highway Defect Statute Covered Walkway

To prevail on a claim brought pursuant to Connecticut General Statutes §13a-149 of the municipal highway-defect statute, a plaintiff must prove: (1) the plaintiff sustained an injury as a result of a defective road or bridge; and (2) the defendant is responsible for maintenance and repairs.

AC 36688
Mullins, J.

Mashantucket Pequot Tribal Court

Waterman v. Mashantucket Pequot Gaming Enter.

Plaintiff Did Not Prove Right Knee Surgery Was Related to Fall

A court can find that a doctor's belief that a patient could benefit from surgery did not rise to the level of reasonable probability.

MPTC-CV-PI-2013-191
Londregan, J.

United States Court of Appeals for the Second Circuit

In Re: Friedberg; Friedberg v. Neier

Debtor Complained Property Sold for Less than True Value

The debtor's claims that property sold for less than true value at the auction sale were conjectural and did not concern the reasonableness of the bankruptcy court's approval of the settlement.

15-779

Connecticut Appellate Court

In Re: Zen

Minor Child Suffered Broken Bones and Hematomas

After the trial court approved the adoption of the minor child, the child's biological parent lacked standing to appeal.

AC 38305
Schaller, J.

Waterbury J.D., at Waterbury

Quality Cardiovascular Care v. Malinics

Myers Harrison Expert Witness Is Qualified to Testify

A court can admit the testimony of a valuation expert who formulated an opinion based on financial statements, tax returns and monthly charge analysis reports.

CV10-6004787
Brazzel-Massaro, J.

Freedom of Information Commission

Aronow v. Freedom of Info. Officer, Univ. of Conn. Health Ctr.

UConn Health Center Waited Four Months To Begin Records Search

Respondents who do not begin to search for records in response to a complainant's request for four months can violate C.G.S. §1-210(a) and 1-212(a).

FIC2015-141
Freedom of Information Commission

Connecticut Appellate Court

Disciplinary Counsel v. Williams

Decision to Suspend Attorney for 20 Days Reversed and Remanded

Provided that no denial of due process took place, a court could, for good cause, discipline and suspend an attorney.

AC 37319
Mullins, J.

Connecticut Supreme Court

State v. Carter

Appeal of Restraining Order Conviction Dismissed

The Supreme Court dismissed an appeal, because after reviewing the record, appellate briefs and oral arguments it concluded that certification was granted improvidently.

SC 19384
Per Curiam

Waterbury J.D., at Waterbury

Bermudez v. Laholli

Mom Did Not Prove Father of Child Presented Current Danger

A court could issue a protective order if the applicant established a "continuous threat of present physical pain or physical injury, stalking or a pattern of threatening."

FA16-4036503
Nastri, J.

United States Court of Appeals for the Second Circuit

Allen v. Verizon Wireless

Pro Se Plaintiffs Did Not File Amended Notice of Appeal

The Second Circuit could not construe a notice of appeal as contemplating review of a subsequent district court order.

15-2392-cv

United States Court of Appeals for the Second Circuit

United States v. Milligan

90 Months for Convicted Felon's Possession of Firearm Affirmed

A sentence may not be reasonable substantively if shockingly high, shockingly low or otherwise unsupportable as a matter of law.

15-505-cr

Connecticut Supreme Court

In Re: Gabriella

Jamaican Mother of Seven Did Not Adequately Rehabilitate

A court can terminate the parental rights of a biological parent who allegedly fails to rehabilitate sufficiently to assume a responsible position in her minor child's life.

SC 19435
Espinosa, J.

Statewide Grievance Committee

Danbury J.D. Grievance Panel v. Miller

Attorney Who Allegedly Lied to Court Tribunal Reprimanded

An attorney who knowingly makes "a false statement of fact" to a court tribunal and who does not correct the statement when provided the opportunity violates Rule 3.3(a)(1) of the Rules of Professional Conduct.

14-0803
Goulden, Esq, Sansone, Esq. and Gill

New Britain J.D., at New Britain

Minninger v. Comm'r of Motor Vehicles

Driver Claimed Cop Did Not Allow Him to Talk to Criminal Attorney

A driver who has been arrested and allowed to speak to his civil attorney may not be entitled to an additional five minutes to also consult his criminal attorney.

CV15-6029931
Schuman, J.

Connecticut Supreme Court

Isabella v. Dep't of Children and Families

Alleged Victim of Abuse Lacked Standing To Appeal DCF's Decision

Even if a newspaper article discussed the purported victim's age and indicated that she was a relative of the alleged abuser, the purported victim's right to privacy may not give rise to a specific, personal and legally protected interest in a substantiation decision by the Department of Children and Families.

SC 19451
Eveleigh, J.

United States District Court

Lapaglia v. Transamerica Cas. Ins.

Insurance Claim Did Not Meet $75,000 Jurisdictional Threshold

Federal diversity jurisdiction requires that the amount in controversy be $75,000 or more.

3:15cv616
Meyer, J.

Hartford J.D., at Hartford

Smith v. Fayngersh

Jury Awarded $146,672 to Driver who Allegedly Was Rear-Ended

A court could order a remitittur, if the verdict shocked the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.

CV14-6050863
Wahla, J.

Connecticut Appellate Court

Bristol Bd. of Educ. v. Bd. of Labor Relations

Board of Ed Member Did Not Recommend Approval of CBA

Grounds rules could require that members of a negotiating committee unanimously recommend approval of a tentative settlement agreement.

AC 37564
Alvord, J.

Stamford/Norwalk J.D., at Stamford

Asher v. Ray

Owner Alleged Tenant Assumed the Risk of Dangerous, Falling Trees

Although Connecticut General Statutes §52-572h abolished the defense of assumption of the risk in connection with negligence claims, it did not bar the special defense in connection with recklessness claims.

CV16-6027538
Lee, J.

United States Court of Appeals for the Second Circuit

Walker v. Lynch

Jamaican Petitioner Who Was Gay Won Remand on Torture Claims

The Convention Against Torture applied to torture committed by or acquiesced in by government actors.

15-184

Windham J.D.

Pehowdy v. Pehowdy

Wife Won Sole Custody and Child Support of $107 per Week

If a parent does not believe he should be required to contribute financially to the support of his children, a court can order that the parent pay child support pursuant to a wage withholding order.

FA15-5006029
Graziani, J.

Freedom of Information Commission

Gandolfo v. Grove Beach Point Ass'n

Complainants Sought Info about Amendment to Charter

Each public agency shall make, keep and maintain a record of the proceedings of meetings, pursuant to Connecticut General Statutes §1-225(a).

FIC 2015-580
Freedom of Information Commission

New Britain J.D., at New Britain

Fava v. Car Place

Driver Allegedly Knew Motor Vehicle Was Missing Seatbelt

If plaintiff knowingly uses a motor vehicle in a defective condition that may reduce the amount of recovery, as opposed to barring recovery completely.

CV13-6019984
Wiese, J.

Fairfield J.D., at Bridgeport

Edelson v. Dubinsky

Mother's Motion to Relocate with Minor Child to New York Denied

A parent who filed a motion to relocate with a minor child might be required to prove that relocation was in the best interests of the minor child.

FA12-4040496
Owens, J.T.R.

United States District Court

Corsair Special Situations Fund v. Engineered Framing Sys.

State Marshal Won Fees of $346,275 on $2.3M Judgment

A state marshal who levies an execution can charge a fee of 15 percent.

3:11cv1980
Hall, J.

New London J.D., at New London

Lafever v. Cambridge Mutual Fire Ins. Co.

Insurance Company's Adjuster Owned No Duty to Homeowners

An independent insurance adjuster hired by an insurance company did not owe a duty of care to the insured.

CV15-6023771
Vacchelli, J.

Connecticut Supreme Court

State v. Davalloo

Wife Not Entitled to Marital Privilege After Murder Attempt

For a marital communication to be entitled to the marital privilege under Connecticut General Statutes §54-84b, it must be: (1) made to a spouse during a marriage; (2) confidential; and (3) induced by the affection, confidence, loyalty and integrity of the marital relationship.

SC 19416
Rogers, C.J.

Statewide Grievance Committee

Bowler v. Piels

Attorney Suffering from Serious Illness Overdrew IOLTA Account

An attorney who allegedly overdrew his IOLTA bank account violated Rule 1.15 of the Rules of Professional Conduct and Practice Book §2-27.

15-0582
O'Sullivan and Castillo

Board of Mediation and Arbitration

City of New Haven and New Haven Police Union

Cop Attempted To Add Spouse To Plan 358 Days After Marriage

A municipality may not be required to comply with an employee's request to add his new spouse to his group health plan, if the employee does not immediately inform the municipality about the change in marital status or make a request during open enrollment.

2015-A-0227
Hampton, Ferrucci and Muschell

State Elections Enforcement Commission

Complaint by: Bergeron

Citizen Claimed He Received False Instructions about Voting

Connecticut General Statutes §9-363 provided that any person who, with intent to defraud an elector of his or her vote, caused an elector to lose part of his or her vote was guilty of a felony.

2015-163
Castagno, Chair

United States Court of Appeals for the Second Circuit

United States v. Cannon

Defendant Denied He Had Constructive Possession of Gun

A defendant's attempted flight and false statements can provide evidence of consciousness of guilt and support an inference of possession.

14-2618-cr

New Haven J.D., at New Haven

Moore v. Dahlmeyer

Driver Admitted She Did Not Yield the Right-of-Way

A court can reverse a verdict in favor of defendant, if defendant admitted that she did not yield the right-of-way.

CV13-6037004
Wilson, J.

Connecticut Supreme Court

Fairfield Merrittview L.P. v. City of Norwalk

Trial Court Properly Reduced Tax Assessment by $14.9 Million

Prompt amendment of the complaint to add a limited liability company as a party plaintiff was effective to confer jurisdiction on the trial court.

SC 19373
Rogers, C.J.

Connecticut Supreme Court

Wheeler v. Beachcroft

Res Judicata Does Not Bar Prescriptive Easement Claims

Res judicata bars relitigation of claims actually made and claims that might have been made in a prior litigation, because a party should not be allowed to relitigate a matter it already had an opportunity to litigate.

SC 19355, 19356 and 19357
Robinson, J.

United States District Court

In Re: Grand Jury Investigation B-15-1

Petition to Disclose Docs Discovered by Grand Jury Denied

The government is not automatically entitled to the disclosure of documents that a grand jury discovers when conducting an investigation.

16mc4
Underhill, J.