Decisions

Most Viewed Decisions

Litchfield J.D., at Litchfield

Dairyland Insurance Co. v. Mitchell

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

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

Fairfield J.D., at Bridgeport

Santino v. Borg-Warner Corp.

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

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

State Elections Enforcement Commission

Complaint by: Daniels

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

Practice Areas: Administrative Law , Election and Political Law

Connecticut Appellate Court

State v. Lewis

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

Practice Areas: Criminal Law

Connecticut Appellate Court

Smith v. Commissioner of Correction

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

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Gaffney

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

Practice Areas: Criminal Law

Connecticut Appellate Court

Rostad v. Hirsch

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

Practice Areas: Family Law

Connecticut Appellate Court

Customers Bank v. Boxer

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

Practice Areas: Landlord/Tenant Law

U.S. District Court

Addona v. Parker Hannifin Corp.

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

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

U.S. District Court

Henderson v. Lagoudis

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

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

U.S. District Court

Rojas v. City of West Haven

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

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

U.S. District Court

Donovan v. Yale University

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

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

New Haven J.D., at New Haven

Red Law Firm LLC v. Webster Bank

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

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

New Haven J.D., at New Haven

Gray v. Schwartz

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

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

Litchfield J.D., at Litchfield

Commonwealth Land Title Insurance Co. v. Miller

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

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

New Haven J.D., at New Haven

Provost-Daar v. Merz North America Inc.

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

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

Connecticut Appellate Court

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

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

Practice Areas: Landlord/Tenant Law

State Elections Enforcement Commission

Complaint by: Baer

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

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Erlanger

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

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Finn

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

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Golnik

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

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Grimes

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

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Jubrey

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

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

State Elections Enforcement Commission

Complaint by: Sherwood

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

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

Connecticut Appellate Court

State v. LeBlanc

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

Practice Areas: Evidence , Criminal Law

Connecticut Appellate Court

In Re: Kasmaesha C.

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

Practice Areas: Family Law , Constitutional Law

New Haven J.D., at New Haven

Rivera v. Meyer

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

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

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

State v. John K.

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

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

Connecticut Supreme Court

State v. Mangual

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

Practice Areas: Constitutional Law , Evidence

Connecticut Appellate Court

Camacho v. Commissioner of Correction

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

Practice Areas: Constitutional Law

Connecticut Appellate Court

In Re: Paul M., Jr

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

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

Chen v. Hopkins School, Inc.

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

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

U.S. District Court

Wasilewski v. Abel Womack Inc.

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

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

Hartford J.D., at Hartford

Samuels v. Russell

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

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

New Haven J.D., at New Haven

Falcigno v. Falcigno

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

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

Middlesex J.D., at Middletown

Lehn v. Marconi Builders LLC

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

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

Hartford J.D., at Hartford

State v. Pagan

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

Practice Areas: Criminal Law

New London J.D., at New London

Bargnesi v. Rocktenn CP LLC

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

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

New London J.D., at Norwich

Crabbe v. Crabbe

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

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Malpeso v. Malpeso

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

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Rivera v. Rivera

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

Practice Areas: Family Law

Hartford J.D., at Hartford

Sampson v. Wesoloski

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

Practice Areas: Family Law

New Britain J.D., at New Britain

D&M Screw Machine Products LLC v. Tabellione

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

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

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Connecticut Supreme Court

Citizens Against Overhead Power Line Construction v. Connecticut Siting Council

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

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

Connecticut Appellate Court

State v. Edwards

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

Practice Areas: Criminal Law

U.S. District Court

J.O. v. Astrue

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

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

U.S. District Court

Jenkins v. Arnone

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

Practice Areas: Criminal Law , Health Law , Civil Rights

U.S. District Court

Carlus v. Department of Public Health

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

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

U.S. District Court

Gwozdz v. Genesis Physician Services

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

Practice Areas: Labor and Employment , Whistle-blower Law

Ansonia/Milford J.D., at Milford

Milford Hospital v. Warren

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

Practice Areas: Consumer Protection , Contracts , Breach

Windham J.D.

Perry v. Town of Putnam

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

Practice Areas: Torts , Intentional Torts , Nuisance

Compensation Review Board

Ferree v. Town of West Hartford

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

Practice Areas: Social Services Law , Workers’ Compensation

Freedom of Information Commission

Jascha v. First Selectman, Town of Monroe

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

Practice Areas: Administrative Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Connecticut Appellate Court

State v. Montanez

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

Practice Areas: Criminal Law

Connecticut Appellate Court

Rousseau v. Perricone

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

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Fraser v. Fraser

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

Practice Areas: Family Law , Custody and Child Support

at Waterford (Juvenile Matters)

In Re: Shya

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

Practice Areas: Family Law , Custody and Child Support

Tolland J.D., at Rockville

Wasielewski v. Wasielewski

A court may credit a party's testimony that his earning capacity decreased as a result of changes in his industry.

Practice Areas: Family Law , Custody and Child Support

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

Fracasse v. People's United Bank

Although federal jurisdiction would exist, if vindication of a state-law right turned on a question of federal law, references to a federal statute, pled as a public policy consideration attendant to a common-law claim, may not provide a basis for federal jurisdiction.

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

Connecticut Appellate Court

Pachaug Marina and Campground Association, Inc. v. Pease

In the 2008 case of Chapman Lumber, Inc. v. Tager, the Connecticut Supreme Court explained that "[b]ecause opening a judgment is a matter of discretion, the trial court [is] not required to open the judgment to consider a claim not previously raised."

Practice Areas: Civil Procedure , Judgments , Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Gaynor v. Hi-Tech Homes

As explained in the 2010 Connecticut Supreme Court case of Naples v. Keystone Building & Development Corporation, "not every contractual breach rises to the level of a CUTPA violation," a violation of the Connecticut Unfair Trade Practices Act, Connecticut General Statutes §42-110a.

Practice Areas: Contracts , Consumer Protection

U.S. District Court

M.A. v. Torrington Board of Education

Plaintiff parents who allege that their child was denied a free and appropriate public education may request an award of reasonable attorney fees, pursuant to 20 United States Code §1415(i)(3)(B)(i)(I).

Practice Areas: Education Law , Civil Rights , Legal Profession , Attorney Fee Recovery

U.S. District Court

U.S. v. Pellegrino

In extreme or unusual cases, a District Court possesses the discretion to order the expungement of criminal charges from the record.

Practice Areas: Criminal Law

Stamford/Norwalk J.D., at Stamford

Itha v. Stafford

Practice Book §13-5 permits a court the discretion, "for good cause shown," to grant a stay of discovery to protect a party from "annoyance, embarrassment, oppression, or undue burden or expense."

Practice Areas: Civil Procedure , Discovery , Motion Practice , Torts , Personal Injury , Motor Vehicles , Criminal Law , Motor Vehicles (Criminal)

Stamford/Norwalk J.D., at Stamford

Manzo-Ill v. Schoonmaker

Even if a receptionist and a paralegal lack authority to accept service on behalf of a law firm, involvement of a partner at the time of service may result in service on the person "in charge of the office," for purposes of Connecticut General Statutes §52-57(c).

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Legal Profession , Attorney Fee Recovery , Attorney Malpractice

Hartford J.D., at Hartford

Bratter v. Nova 22 Construction Inc.

Conversion is an unauthorized assumption and exercise of the right of ownership over goods belonging to another, and allegations that a contractor converted money that a homeowner provided to build an addition may be insufficient to state a claim.

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

Hartford J.D., at Hartford

Park Avenue Group Consulting LLC v. Maffe

The usual recovery for breach of contract, after the plaintiff proves formation of an agreement, performance by one party, breach by the other party and damages, is the contract price or the loss of profits.

Practice Areas: Contracts , Breach

Hartford J.D., at Hartford

Carson v. Department of Children and Families

Free-speech rights under the state constitution may be more expansive than those under the federal constitution, and Garcetti v. Ceballos and other federal precedents may not apply to state constitutional free-speech claims.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Age Discrimination , Disability Discrimination , Constitutional Law , Social Services Law , Workers’ Compensation

New Britain J.D., at New Britain

Churchill v. Farmington Woods Master Association Inc.

An exception to the rule that requires exhaustion of administrative remedies and the release of jurisdiction from the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission, prior to filing a civil complaint, may exist if there is an "identity of interests."

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

Board of Mediation and Arbitration

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

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

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

U.S. District Court

Cottrell v. Bunn-O-Matic Corp.

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

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

Board of Mediation and Arbitration

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

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

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

U.S. District Court

Kovaco v. Rockbestos-Suprenant

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

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

Board of Mediation and Arbitration

Town of Farmington and AFSCME, Council 4, Local 1689

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

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

U.S. District Court

Silano v. Wheeler

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

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

Board of Mediation and Arbitration

Town of Wallingford and IBEW, Local 457

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

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

U.S. District Court

Fairchild v. Quinnipiac University

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

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

Connecticut Supreme Court

Sarrazin v. Coastal, Inc.

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

Practice Areas: Labor and Employment , Wages and Hours

U.S. District Court

Emerging Money Corp. v. United States

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

Practice Areas: Taxation

Connecticut Appellate Court

MacDermid, Inc. v. Cookson Group, PLC

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

Practice Areas: Civil Procedure

New London J.D., at New London

Blu-Prints Unlimited Inc. v. Sabilia

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

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

Hartford J.D., at Hartford

Bloomfield Partners LLC v. Old Windsor Realty LLC

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

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

Connecticut Appellate Court

State v. Denya

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

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Jeremy D.

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

Practice Areas: Criminal Law , Constitutional Law

Middlesex J.D., at Middletown

Darling v. Kirkland

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

Practice Areas: Family Law , Custody and Child Support

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

In Re: Baby Girl

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

Practice Areas: Family Law , Custody and Child Support

Waterbury J.D., at Waterbury

Fisher v. Affirmative Mortgage Group LLC

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

Practice Areas: Legal Profession , Evidence , Expert Witnesses

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

U.S. v. Nawaz

Allegations that a disbarred attorney acted as a closing attorney in fraudulent transactions can be sufficient to merit a sentencing enhancement for "special skills."

Practice Areas: Criminal Law

U.S. District Court

Agyekum-Boateng v. Holder

If the U.S. Citizenship and Immigration Services denies a visa petition, and its decision is affirmed, the visa petition may not be prima facie approvable.

Practice Areas: Immigration Law

Board of Mediation and Arbitration

Metropolitan District Commission and AFSCME, Council 4, Local 184

If a project previously has been performed in-house and subcontracted, a past practice may involve both subcontracting and in-house work.

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

Commission on Human Rights and Opportunities/Office of Public Hearings

Rowell v. Office of the Healthcare Advocate

A party who invokes the attorney-client privilege has the burden to prove the elements of the privilege.

Practice Areas: Administrative Law , Civil Rights , Evidence , Privileges

Compensation Review Board

Cunningham v. Saint Raphael Healthcare System

While the 1928 Supreme Court in Vitas v. Grace Hospital Society explained that the "[t]emporary suspension of work by an employee for a permitted rest period, or lunch hour, . . . have not been generally held sufficient to break the continuity of the employment," claims arising from injuries which occur on premises either owned or controlled by an employer are generally distinguished from cases wherein an employee has sustained an injury while no longer on the employer's premises.

Practice Areas: Social Services Law , Workers’ Compensation

Freedom of Information Commission

Chapdelaine v. First Selectman, Town of Eastford

The Appellate Court, in its 2011 decision in Planning and Zoning Commission of the Town of Pomfret v. Freedom of Information Commission, interpreted Connecticut General Statutes §1-212(a) and held that requests for copies of public records must be in writing; however, the Freedom of Information Commission consistently has held that a public agency may not require requests to inspect public records to be in writing.

Practice Areas: Administrative Law

Freedom of Information Commission

Wood v. Chairperson, State of Connecticut, Board of Pardons and Paroles

Applications for pardons were not proven to be per se personnel or medical and similar files within the meaning of the privacy exemption in Connecticut General Statutes §1-210(b)(2) and the information in the applications related to legitimate matters of public concern as the records on which the Board of Pardons and Paroles rely in deciding whether to grant an application for pardon related to the public's business.

Practice Areas: Administrative Law

Connecticut Supreme Court

Meyers v. Livingston, Adler, Pulda, Meiklejohn and Kelly, P.C.

The fact that the parties' contract required the defendant law firm to provide the plaintiff with legal representation and that the plaintiff was dissatisfied with the defendant's performance did not necessarily mean that her claim of improper representation sounded in breach of contract.

Practice Areas: Legal Profession

Connecticut Appellate Court

Deutsche Bank National Trust Company, Trustee v. Torres

There is a rebuttable presumption that the holder of a note is the owner of the debt.

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

Connecticut Appellate Court

Perillo v. Commissioner of Correction

Connecticut's habeas jurisprudence does not permit a habeas petitioner to raise claims against habeas counsel on appeal when he raised claims of ineffective assistance of trial counsel before the habeas court and in his petition for certification to appeal; the petitioner failed to satisfy the threshold requirement that the habeas court abused its discretion in denying certification to appeal.

Practice Areas: Criminal Law

U.S. District Court

Standic BV v. CD Industries Ltd.

A court may not possess personal jurisdiction over a nonresident corporate officer whose only contact with a state is in his corporate capacity—even if the corporation's principal place of business is in Connecticut.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , International Business and Commercial Law , Creditors’ and Debtors’ Rights