Decisions

Most Viewed Decisions

Waterbury J.D., at Waterbury

Shehu LLC v. Adams

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

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

New Haven J.D., at New Haven

Cotto v. Smith

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

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

New London J.D., at New London

Tedford v. Coastal Behavioral Health LLC

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

Practice Areas: Civil Procedure , Discovery , Health Law

New Haven J.D., at New Haven

Vitelli v. Allstate Property and Casualty Insurance Co.

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

Practice Areas: Insurance Law , Policy Terms , Automotive

New London J.D., at New London

Coggeshall v. Fitch Homestead LLC

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

Practice Areas: Residential and Commercial Real Estate

Stamford/Norwalk J.D., at Stamford

Heisinger v. Cleary

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

Practice Areas: Trusts and Estates

Connecticut Appellate Court

State v. Maner

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

Practice Areas: Evidence , Constitutional Law , Criminal Law

Connecticut Appellate Court

State v. Sease

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

Practice Areas: Criminal Law , Evidence

New Britain J.D., at New Britain

Shea v. Hoffman

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

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

Litchfield J.D., at Litchfield

Carvalho v. Redeker

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

Practice Areas: Torts , Personal Injury , Motor Vehicles

Board of Mediation and Arbitration

Danbury Board of Education and Teamsters, Local 677

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

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

Statewide Grievance Committee

Manna v. Schmid

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

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Ramirez v. Garlinghouse

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

Practice Areas: Administrative Law , Legal Profession

Connecticut Appellate Court

Percy v. Lamar Central Outdoor, LLC

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

Practice Areas: Civil Procedure , Torts , Damages

Connecticut Appellate Court

Mozell v. Commissioner of Correction

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

Practice Areas: Criminal Law

U.S. District Court

Nelson v. Myrtle Beach Collegiate Summer Baseball League LLC

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

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

U.S. District Court

Jumpp v. Anaya

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

Practice Areas: Criminal Law , Constitutional Law

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

Steginsky v. Xcelera Inc.

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

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

Connecticut Appellate Court

In Re: Shane M.

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

Practice Areas: Family Law , Constitutional Law

Connecticut Appellate Court

O'Donnell v. Bozzuti

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

Practice Areas: Family Law

U.S. District Court

Hudak v. The Berkley Group Inc.

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

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

U.S. District Court

Sobhani v. Butler America Inc.

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

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

U.S. District Court

Vidal v. Metro North Commuter Railway Co.

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

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

U.S. District Court

Reiske v. Bruno

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

Practice Areas: Criminal Law , Constitutional Law

Hartford J.D., at Hartford

Niziankiewicz v. Vision Salon & Spa

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

Practice Areas: Torts , Damages , Personal Injury

New London J.D., at New London

Sidorova v. East Lyme Board of Education

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

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

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

U.S. v. Johnson

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

Practice Areas: Criminal Law

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

U.S. v. Melendez

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

Practice Areas: Criminal Law

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

U.S. v. Williams

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

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

Compensation Review Board

Carney v. Town of Stratford

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

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Izikson v. Protein Science Corporation

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

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

McMorris v. City of New Haven Police Department

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

Practice Areas: Social Services Law , Workers’ Compensation

State Elections Enforcement Commission

Referral by Westport Registrars of Voters

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

Practice Areas: Election and Political Law

Statewide Grievance Committee

New Haven J.D. Grievance Panel v. Piombino

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

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Punancy v. Callahan

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

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Richard v. Callahan

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

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Walsh v. Sebadduka

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

Practice Areas: Administrative Law , Legal Profession

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

McMahon v. Chubb Group Insurance Cos.

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

Practice Areas: Labor and Employment , Wages and Hours

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

Antropova v. Holder

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

Practice Areas: Immigration Law

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

Saunders v. Vinton

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

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

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

U.S. v. Edwards

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

Practice Areas: Criminal Law

Board of Mediation and Arbitration

Town of Greenwich and IAFF, Local 1042

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

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

Citizen's Ethics Advisory Board

Advisory Opinion 2014-1

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

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

Cosme v. Chief, Police Department, City of Hartford

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

Practice Areas: Administrative Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Connecticut Supreme Court

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

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

Practice Areas: Contracts , Business Entities , Personal Liability

Connecticut Appellate Court

State v. Damone

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

Practice Areas: Criminal Law

New Haven J.D., at New Haven

Williams v. Hy's Livery Service

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

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

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

Bornn v. Bornn

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

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at Meriden

Neumon v. Benigni

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

Practice Areas: Election and Political Law

Hartford J.D., at Hartford

In Re: Jeffrey

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

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Commissioner of Labor v. Lough

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

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

Hartford J.D., at Hartford

Kopiec v. Chong

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

Practice Areas: Legal Profession , Attorney Malpractice

U.S. District Court

Chen v. Young

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

Practice Areas: Constitutional Law , Civil Procedure , Discovery

U.S. District Court

Shew v. Malloy

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

Practice Areas: Constitutional Law

U.S. District Court

U.S. v. Brennan

An individual who is found guilty of bank fraud can be sentenced to 30 years in prison and can be fined $1 million and ordered to pay restitution to victims.

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

U.S. District Court

U.S. v. Patterson

A police officer can pull over a driver who violates Connecticut General Statutes §14-96a(a)(3), which requires that drivers use headlights during precipitation, even if the precipitation is very light.

Practice Areas: Criminal Law , Constitutional Law , Evidence , Admissibility

U.S. District Court

U.S. v. Gayle

Commission of a crime of moral turpitude during the five-year period that precedes an immigrant's application for United States' citizenship can be sufficient to revoke citizenship, even if the immigrant is not convicted until after the application is granted.

Practice Areas: Immigration Law

U.S. District Court

Deckler v. Olander

Connecticut does not permit vicarious responsibility for punitive damages.

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

Hartford J.D., at Hartford

Booth v. Waltz

A court may award reasonable attorney fees and expenses to a plaintiff who proves oppressive shareholder conduct and requests a corporate dissolution, pursuant to Connecticut General Statutes §33-896.

Practice Areas: Legal Profession , Attorney Fee Recovery , Business Entities , Valuation

U.S. District Court

SRSNE Site Group v. Advance Coatings Co.

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

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

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

Fairfield County Medical Association v. United Healthcare of New England Inc.

A medical association can possess "associational standing," to assert claims on behalf of members, if: 1.) the organization's members possess standing to sue in their own right; 2.) the interests that the organization seeks to protect are pertinent to the organization's purpose; and 3.) neither the claim asserted nor the relief requested require the participation of individual members.

Practice Areas: Civil Procedure , Standing , Provisional Remedies , Health Law

Board of Mediation and Arbitration

Town of East Hartford and Teamsters, Local 559

The computation of a pension benefit may not be arbitrable, even if the employee retirement plan is annexed to the collective bargaining contract.

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

Board of Mediation and Arbitration

City of Danbury and AFSCME, Council 15, Local 891

A municipality may not be required to replace a police officer who retires, if the municipality previously identified that police officer's position as a position that would be eliminated as a result of attrition.

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

Freedom of Information Commission

Kaloidis v. Chief, Police Department, City of Waterbury

A complainant's motivation for his records request is irrelevant as to his right to information from the government.

Practice Areas: Administrative Law

Connecticut Supreme Court

Blumberg Associates Worldwide, Inc. v. Brown and Brown of Connecticut, Inc.

While a reviewing court must raise and decide an issue unraised by the parties when that issue implicates the court's subject matter jurisdiction, it also has the discretion to do so if exceptional circumstances exist that would justify review of such an issue if raised by a party, if the parties are given an opportunity to be heard on the issue and there is no unfair prejudice to the party against whom the issue is to be decided.

Practice Areas: Appellate Law - Civil , Contracts , Breach

Connecticut Appellate Court

Three Levels Corporation v. Conservation Commission of the Town of Redding

The substantial evidence test is not met by a general statement by an expert that "some type" of adverse impact is likely to result from the proposed regulated activities.

Practice Areas: Land Use and Planning , Environmental Law

Connecticut Appellate Court

Scalise v. East Greyrock, LLC; Scalise v. Cummings and Lockwood

A vexatious litigation action was unripe for adjudication where some counts in the underlying litigation upon which the vexatious litigation claim was founded remained pending and the underlying action had yet to terminate fully in the plaintiffs' favor.

Practice Areas: Torts

U.S. District Court

Watrous v. Borner

42 United States Code §1988 provides that a court "may allow the prevailing party, other than the United States, a reasonable attorney's fee."

Practice Areas: Legal Profession , Attorney Fee Recovery , Constitutional Law , Land Use and Planning

U.S. District Court

Oyelola v. Hartford Financial Services Group Inc.

Title VII race discrimination claims must be filed with the Equal Employment Opportunity Commission within 300 days.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Age Discrimination , Civil Procedure , Statute of Limitations

U.S. District Court

Coll v. Boisvert

A government official may be entitled to qualified immunity on a claim for civil damages, unless the government official's conduct violated a clearly established constitutional right.

Practice Areas: Torts , Intentional Torts , Abuse of Process , Liability , Immunity , Civil Rights

New Haven J.D., at New Haven

Pina v. Metalcraft of Mayville Inc.

Absent tolling, a third-party complaint for indemnification and contribution in a product-liability action must be filed within one year of the date that the original cause of action is returned to court, pursuant to Connecticut General Statutes §52-577a(b).

Practice Areas: Civil Procedure , Statute of Limitations

New Haven J.D., at New Haven

Crotty v. Tremaglia

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering that results from a motor-vehicle accident.

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

Hartford J.D., at Hartford

Commissioner of Social Services v. Ferreyra

Child support for an unemployed parent who is a high school graduate with no known disability and a negligible work history can be based on the minimum wage.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Conyers v. Conyers

A court can find that a party with a college degree has a higher earning capacity than $250 gross per week.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Fox v. Fox

A court can find that a substantial change in circumstances took place, because a party's job was eliminated during a corporate merger.

Practice Areas: Family Law , Custody and Child Support

U.S. District Court

Matysiak v. The Spectrum Services Co. Inc.

A worker may not possess standing to sue an employer for unfair trade practices, if the employer allegedly did not report wages correctly when it bid on public works projects.

Practice Areas: Consumer Protection , Labor and Employment , Wages and Hours

Fairfield J.D., at Bridgeport

Rysz v. Norwalk Marine Contractors Inc.

A "seaman" under the Jones Act is an individual: 1.) whose duties contribute to the functioning of a vessel; and 2.) who has a connection to a vessel in navigation that is substantial.

Practice Areas: Admiralty , Social Services Law , Workers’ Compensation

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

In Re: Jaccari; In Re: Justin

A court can find, by a preponderance of the evidence, that the best interests of the minor children is to transfer custody to a parent with a criminal record, with a period of protective supervision.

Practice Areas: Family Law , Custody and Child Support

New London J.D., at New London

JBRV LLC v. Town of Stonington

Connecticut General Statutes §12-60, which permits a municipal assessor to correct any "clerical omission or mistake in the assessment of taxes," does not permit a municipal assessor to correct substantive errors, such as omission of a building.

Practice Areas: Taxation

Mashantucket Pequot Tribal Court

Quarti v. Mashantucket Pequot Gaming Enterprise

The Mashantucket Pequot Tribal Court can honor the choice-of-law provision in a contract.

Practice Areas: Native American Law , Civil Procedure , Choice of Law , Contracts

Mashantucket Pequot Tribal Court

Mashantucket Pequot Gaming Enterprise v. Scheller

Absent mitigating circumstances, the Mashantucket Pequot Gaming Enterprise can discharge a worker who allegedly tests positive for marijuana a second time, in violation of a return-to-work contract, an employee assistance treatment plan and a drug free workplace policy.

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

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

United States v. Viola

Application of a U.S. Sentencing Guidelines enhancement that does not increase the statutory maximum or minimum sentence may not violate a defendant's Sixth Amendment right to a jury trial, pursuant to Alleyne v. United States, a 2013 decision of the U.S. Supreme Court.

Practice Areas: Criminal Law

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

Goins v. Bridgeport Hospital

Title VII retaliation claims require proof that the desire to retaliate was the "but-for" cause of the challenged employment action.

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

New Haven J.D., at New Haven

Keeton v. Weiner

A court may not possess personal jurisdiction, if plaintiffs file suit against a former board of education worker and the plaintiffs' marshal effectuates service of process pursuant to Connecticut General Statutes §52-57(b)(7).

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Education Law

New Haven J.D., at Meriden, G.A. 7

State v. Swebilius

An arrest warrant, when issued within the time restrictions in Connecticut General Statutes §54-193(b), must be executed without unreasonable delay.

Practice Areas: Criminal Law

New Britain J.D., at New Britain

Quantum of Ellington II LLC v. Board of Assessment Appeals of Ellington; Quantum of Ellington II LLC v. Town of Ellington

A court can find that allegedly comparable sales were not truly comparable and reach an independent decision about valuation.

Practice Areas: Taxation , Residential and Commercial Real Estate

Stamford/Norwalk J.D., at Stamford

Vazquez v. Loza-Vega

Allegations that a trusted member of the household intentionally created false evidence and provided that evidence to attorneys to use in a child custody case can be sufficient to allege extreme and outrageous conduct.

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

New Haven J.D., at New Haven

Eudy v. Sartori

Permitting the decedent's former spouse, from whom the decedent was divorced, to serve as the administrator of her estate after she passes away, is contrary to a decedent's presumed intent.

Practice Areas: Trusts and Estates , Family Law

Hartford J.D., at Hartford

Rodriguez v. Corona's Auto Parts Inc.

A plaintiff who proves that a former employer intentionally, wantonly and maliciously converted his property may be entitled to punitive damages.

Practice Areas: Torts , Intentional Torts , Conversion , Damages , Punitive , Labor and Employment , Wages and Hours , Legal Profession , Attorney Fee Recovery

Hartford J.D., at Hartford

Bissonnette v. Highland Park Market Inc.

An employee who proves a violation of the Family and Medical Leave Act may be entitled to liquidated damages in an amount equal to the award of economic damages.

Practice Areas: Labor and Employment , Hiring/Firing , Family and Medical Leave Act , Social Services Law , Workers’ Compensation

Ansonia/Milford J.D., at Milford

JJT&M Inc. v. Town of Oxford

In a quiet title action, allegations that municipal property taxes were "inflated, false and fraudulent" and that the municipality filed a tax lien and foreclosed on the property may be legally insufficient to challenge the tax deed.

Practice Areas: Residential and Commercial Real Estate , Taxation

New London J.D., at New London

Leuze v. Connecticut Rivers Council Inc.

To prevail on a claim that a camp bench was dangerously unstable, a plaintiff must prove: 1.) the bench was defective; 2.) the camp owner knew or should have known that the bench was defective; and 3.) the alleged defect existed a sufficient time that the camp owner, in the exercise of reasonable care, should have discovered and repaired it.

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

Fairfield J.D., at Bridgeport

Powell v. City of Bridgeport

A verdict should not be set aside if some evidence exists on which the jury reasonably might have reached its conclusion.

Practice Areas: Torts , Intentional Torts , Assault , Battery , Emotional Distress

Mashantucket Pequot Court of Appeals

Johnson v. Mashantucket Pequot Gaming Enterprise

A supervisor may be discharged, if the supervisor allegedly fails to report that a subordinate drinks when he is on duty.

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

Connecticut Appellate Court

Mekrut v. Suits

The court's refusal to hold an evidentiary hearing on a motion for contempt was a violation of the defendant's due process guarantees and an abuse of discretion.

Practice Areas: Family Law

Connecticut Appellate Court

Cornfield Associates Limited Partnership v. Cummings

The purpose of a court canvass before entering an agreement as a final stipulated judgment is to ensure that the party is entering into the agreement knowingly and voluntarily; it does not affect the substance or terms of the underlying agreement.

Practice Areas: Civil Procedure , Settlement , Landlord/Tenant Law

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

U.S. v. Pappas

28 United States Code §636(c) permits the parties to a "civil matter" to consent to the plenary authority of a magistrate judge and permits the magistrate judge to enter final, directly appealable orders.

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

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

U.S. v. Johnson

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

Practice Areas: Criminal Law