Most Viewed Decisions

State Elections Enforcement Commission

Complaint by: Carr

Citizen's Guide Was Distributed Before Referendum Became Pending

A citizen's guide to a budget that is published and distributed before the budget referendum is considered to be pending does not violate Connecticut General Statutes §9-369b.

2014-053
Castagno, Chair

Practice Areas: Administrative Law , Election and Political Law

Hartford J.D., at Hartford

Dombek v. Statewide Grievance Comm.

Court Vacated Decision That Attorney Violated Rule 1.7(a)

A court can vacate a Statewide Grievance Committee decision that found that an attorney engaged in unethical conduct, in violation of Rules 1.7(a)(1) and (2), if the court finds that the complainant did not hire the respondent attorney to represent him, and that no attorney-client relationship existed.

CV14-6050020S
Robaina, J.

Practice Areas: Legal Profession

Waterbury J.D., at Waterbury

Doe v. Annulli

13-Year-Old Alleged Sexual Assault by Father of Friend

A criminal conviction for statutory rape along with a victim statement alleging that plaintiff was sexually assaulted, suffered from nightmares and required counseling can be sufficient to find that defendant intentionally assaulted plaintiff.

CV14-6022790S
Brazzel-Massaro, J.

Practice Areas: Torts , Intentional Torts , Assault

Connecticut Appellate Court

Izikson v. Protein Science Corp.

Insurer's Filing Form 43 Was Not a Substitute for Notice of Claim

To satisfy the notice of claim requirement in Connecticut General Statutes §31-294c(a), an employee must affirmatively provide some form of written notice that informs the employer of an actual intent to pursue a workers' compensation claim, and an insurer's preemptive filing of a form 43 to contest a claim, was not recognized as an additional exception to the notice of claim requirement.

AC 36325
Keller, J.

Practice Areas: Social Services Law , Workers’ Compensation

New London J.D., at New London

Bayview Loan Serv. v. Christie

Defendant Moved Away Before Marshall Attempted To Serve Process

A court may not possess personal jurisdiction over a defendant who moved away from the premises two years before the marshal attempted to effectuate abode service of process.

CV14-6021713S
Cosgrove, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Creditors’ and Debtors’ Rights

Hartford J.D., at Hartford

Ford v. St. Francis Hosp. of Hartford

Jury Reasonably Could Have Found Plaintiff Was Not Credible

A jury can accept some, none or all of the evidence that the parties present at trial, pursuant to State v. Byrd, a 1994 decision of the Connecticut Appellate Court.

CV11-6020512
Elgo, J.

Practice Areas: Torts , Personal Injury

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

Sterling Trails v. Planning & Zoning Comm'n of the Town of Sterling

P&Z's Conditions On Affordable Housing Exceeded Its Authority

A court can modify and remove a planning and zoning commission's financial conditions on a site plan application for affordable housing, if the P&Z exceeds its authority.

CV12-6038940S
Berger, J.

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

United States Court of Appeals for the 2nd Circuit

Safeco Ins. Co. of Am. v. Lawrence Brunoli Inc.

Contractor Objected To Order To Provide $4.6 M in Collateral

A court can interpret a contract to require a contractor to provide a surety with collateral to cover potential losses and expenses.

14-2289-cv

Practice Areas: Contracts , Insurance Law

New Haven J.D., at New Haven

Elisea v. CVC Stillwater

Brother-In-Law's Bystander Emotional-Distress Count Stricken

Although trial court judges have extended the "closely related" element in a bystander emotional-distress claim beyond parents, siblings and spouses to include grandchildren, grandparents and fiances of victims, the term does not extend to a plaintiff's in-laws.

CV14-6044056S
Nazzaro, J.

Practice Areas: Torts , Emotional Distress

United States Court of Appeals for the 2nd Circuit

United States v. Platt

Elimination of Female Jurors Did Not Constitute Abuse of Discretion

On government charges of conspiracy to defraud the IRS, it may not constitute an abuse of discretion to remove potential female jurors whose families had negative experiences with the IRS or jurors who had regular contacts with convicts.

13-3162-cr and 13-3303-cr

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Eaddy v. City of Bridgeport

Officer Was Regarded as Having Wrong Temperament, Not Disability

For an individual to prove that she was the object of discrimination because of a perceived mental disability, it first must be shown that she was perceived to have a recognized mental disorder.

AC 36046
Beach, J.

Practice Areas: Labor and Employment

Hartford J.D., at Hartford

Brown v. Njoku

$35,000 Awarded to Patient Who Alleged Unwanted Sexual Advances

A court can award damages for battery and negligent and intentional infliction of emotional distress to a patient who alleges that she was subjected to inappropriate touching.

CV13-6043835S
Wiese, J.

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

United States District Court

Haddock v. Nationwide Life Ins.

$49 M in Attorney Fees Awarded in Class Action Against Nationwide

A court can award reasonable attorney fees and expenses to lead attorneys in a class action.

3:01cv1552
Underhill, J.

Practice Areas: Legal Profession , Attorney Fee Recovery

United States District Court

Adams v. City of New Haven

Plaintiff Alleged That Cops Entered Incorrect Apartment

A municipal training course may not be inadequate, merely because a few graduates depart from what they were taught.

3:14cv778
Meyer, J.

Practice Areas: Civil Rights , Constitutional Law

United States District Court

St. Ange v. ASML

New Trial Ordered Because Court Issued Incorrect Instruction

A court that allegedly issues an incorrect instruction to the jury can order a re-trial.

3:10cv79
Eginton, J.

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

United States Court of Appeals for the 2nd Circuit

Alliance of Auto. Mfrs. v. Currey

2009 Amendments to Connecticut Franchise Act Were Constitutional

2009 amendments to the Connecticut Franchise Act do not burden interstate commerce in a manner that is qualitatively different from the burden on intrastate commerce.

13-4890-cv

Practice Areas: Constitutional Law , Transportation

Hartford J.D., at Hartford

AW Power Holdings v. Firstlight Waterbury Holdings

Apparent First Impression on Parent Co.'s Fiduciary Duty

A fiduciary duty can exist between a parent company that is in control of the managing member of a limited liability company and the minority members of the LLC.

CV14-6047836S
Peck, J.

Practice Areas: Business Entities , Dissolution , LLCs and LLPS , Legal Profession , Attorney Fee Recovery , Contracts , Breach

Waterbury J.D., at Waterbury

Matasavage v. Duffy

Plaintiff Alleged Neighbors Trespassed To Construct a Wall

At a hearing in damages, a court can award damages for nuisance and trespass against neighbors who allegedly trespassed in order to construct a wall and left debris behind.

CV10-6004008S
Brazzel-Massaro, J.

Practice Areas: Torts , Intentional Torts , Nuisance , Residential and Commercial Real Estate

Connecticut Supreme Court

Martorelli v. Dep't of Transp.

Public Convenience and Necessity Clause Construed as Constitutional

Under the "public convenience and necessity clause" of Connecticut General Statutes §13b-103, evidence solely directed at demonstrating that an existing livery service will be disserved by the granting of a new permit was an inadequate basis for denying that permit; C.G.S. §13b-103 should be construed to avoid anticompetitive effects.

SC 19307
Rogers, C.J

Practice Areas: Administrative Law , Constitutional Law , Transportation

Connecticut Appellate Court

State v. LaFleur

New Sentence Was Not Vindictive, Remand Order Was Rightly Followed

A remand order is to be interpreted in light of the reviewing court's opinion and strictly followed.

AC 35418
Keller, J.

Practice Areas: Criminal Law

United States District Court

Bagley v. Yale Univ.

Yale University Asked To Restrict Deposition Of President To 2 Hours

A court can find it would be an abuse of discretion to restrict a deposition to two hours.

3:13cv1890
Haight, J.

Practice Areas: Civil Procedure , Discovery

Board of Mediation and Arbitration

City of Meriden and AFSCME, Council 4, Local 3886

Substitute Crossing Guards Argued That Past Practice Existed

Arbitrators can find that evidence of a past practice may only be considered if the language in the collective bargaining contract is ambiguous.

2013-A-0580
Gnocchi and Massa – Neary dissented

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

Fairfield J.D., at Bridgeport

Cortes v. Westport Fish and Poultry Mkt.

Jury Concluded that Driver Was 49 Percent Responsible for Fall

A court can find that a jury's award of both economic and non-economic damages, reduced 49 percent for contributory negligence, fails to shock the court's conscience.

CV12-6034577S
Rush, J.T.R.

Practice Areas: Torts , Damages , Personal Injury

New Haven J.D., at New Haven

Dodd v. United Cleaning and Restoration

Plaintiff Not Entitled To Attorney Fees under C.G.S. §42-150bb

Absent allegations in a complaint that plaintiff requests attorney fees pursuant to a contract, a plaintiff may not be entitled to attorney fees pursuant to Connecticut General Statutes §42-150bb, which generally allows a consumer who is a successful litigant to obtain attorney fees.

CV14-6049882
Vitale, J.

Practice Areas: Legal Profession , Attorney Fee Recovery , Consumer Protection

Connecticut Appellate Court

Vanghele v. Town of Fairfield

Officer's Disability Pension Was Denied Properly Given Facts

A plain reading of the disability pension provision under the relevant collective bargaining agreement provided that to be eligible for a disability pension, the member's employment must be terminated because of a permanent and total disability.

AC 36211
Pellegrino, J.

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Contracts

United States District Court

Cisco Tech. v. Certification Trendz

Plaintiff Won TRO To Bar Distribution of Plaintiff's Product

To prevail on copyright infringement, a plaintiff must establish: (1) ownership of a valid copyright; and (2) infringement of the copyright by the defendant.

3:15cv965
Bryant, J.

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright) , Civil Procedure , Provisional Remedies

Connecticut Appellate Court

Barbee v. Sysco Connecticut

Summary Judgment Was Improper on Compensation Retaliation Claim

The temporal congruence between the plaintiff's return to work after filing a workers' compensation claim and the defendant's immediate actions against her for violating a workplace policy that, in practice, may not have been routinely enforced was additional evidence that the defendant's proffered explanation for the adverse employment action might have been unworthy of credence and masked a retaliatory purpose.

AC 36564
Prescott, J.

Practice Areas: Social Services Law , Workers’ Compensation , Civil Procedure

Stamford/Norwalk J.D., at Stamford

Barr v. Barr

Defendant Won Protective Order for E-Mail Correspondence

A defendant may be entitled to a protective order, if his e-mail correspondence allegedly was hacked by a nonparty, who produced it at a deposition.

FA13-4025428S
Heller, J.

Practice Areas: Civil Procedure , Discovery

Connecticut Appellate Court

Abendroth v. Moffo

Under Workers' Compensation Act Payloader Was Not a Motor Vehicle

Connecticut General Statutes §31-293a is clear that the Workers' Compensation Act is the exclusive remedy for an employee's injury or death caused by the negligence of a fellow employee, unless the fellow employee negligently operated a motor vehicle as defined by C.G.S. §14-1 and, pursuant to C.G.S. §14-1(53) and C.G.S. §14-165(9), a payloader is not a motor vehicle.

AC 36547
DiPentima, C.J.

Practice Areas: Social Services Law , Workers’ Compensation

Connecticut Supreme Court

Old Colony Constr. v. Town of Southington

1st Impression Issue Construing Termination for Convenience Clause

When a contract expressly preserves remedies following termination, such a reservation must be given full effect absent evidence of a more limited intent.

SC 19346
McDonald, J.

Practice Areas: Contracts , Remedies

Litchfield J.D., at Litchfield

Miscikowski v. Bascetta d/b/a Bascetta Renovations

$27,237 Awarded for Breach and $6,435 in Fees under CUTPA

A plaintiff who prove defective workmanship and breach of contract can be entitled to damages.

CV14-6011579S
Pickard, J.

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

Stamford/Norwalk J.D., at Stamford

Millworks v. City of Stamford; Garufi v. City of Stamford

Stamford's Maintenance of Drainage System Was Discretionary

A court can find that maintenance of a stormwater drainage system involves discretionary conduct.

CV09-5013039 and CV09-5013040
Adams, J.T.R.

Practice Areas: Torts , Intentional Torts , Nuisance , Residential and Commercial Real Estate

United States District Court

Fetcho v. Hearst Connecticut Post d/b/a Connecticut Post

Long-Time Conn. Post Worker Did Not Prove Age Discrimination

Absent evidence that a younger worker replaced plaintiff, or statements or practices that indicated that defendant sought to remove older workers, a court can find that plaintiff failed to prove an adverse employment action took place in circumstances that led to an inference of discrimination.

3:12cv904
Crawford, J.

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

Board of Mediation and Arbitration

Town of Farmington and AFSCME, Council 4, Local 1689

Maintenance Worker with Cancer Required To Document Sick Leave

A municipality that reasonably suspects that an employee may be abusing sick leave can require that the employee provide a doctor's certificate or other proof of illness in the future.

2013-A-0193
Panagrossi, Melita and Celentano

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

Stamford/Norwalk J.D., at Stamford

Filipek v. Samaha Builders LLC

Subcontractor Lacked Duty To Worker Who Fell Off Ladder

A subcontractor who subcontracts the work to another company and does not exercise control over the worksite may not owe a duty of care to a worker.

CV10-6004247
Adams, J.T.R.

Practice Areas: Torts , Personal Injury

Fairfield J.D., at Bridgeport

William Raveis Real Estate v. Zajaczkowski

Attorney Fees of $11,984 Awarded To Broker To Collect Commission

A real estate broker that prevails on claims that defendants failed to pay a commission can be entitled to reasonable attorney fees, pursuant to the parties' contract.

CV11-6023565
Kamp, J.

Practice Areas: Legal Profession , Residential and Commercial Real Estate

United States District Court

United States v. Chavez

Drug Enforcement Agents Had Probable Cause To Arrest

Probable cause exists when law enforcement possesses " 'reasonably trustworthy information . . . sufficient to warrant a person of reasonable caution in the belief that an offense has been . . . committed,' " pursuant to Ackerson v. City of White Plains, a 2012 decision of the 2nd Circuit.

3:14cr185
Meyer, J.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

McMorris v. City of New Haven Police Dep't

Officer's Injuries on Way to Work with Children Were Compensable

A police officer is a portal-to-portal employee and, therefore, the plaintiff officer's commute to and from the police station was within the course of his employment and the act of dropping his children off at day care on the way was so inconsequential relative to his job duties that it did not remove him from the course and scope of his employment.

AC 36328
Lavine, J.

Practice Areas: Labor and Employment

New London J.D., at New London

Minta v. Manca; Yuchniuk v. Manca

Motorists Injured in Wrong Way Collision Awarded $283,722

A court can award economic damages for medical expenses and loss of wages and non-economic damages, for medical expenses, to individuals injured by a driver who allegedly collided with them head-on.

CV14-6020258S and CV13-6019252S
Zemetis, J.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Connecticut Supreme Court

Burr Rd. Operating Co., II v. New England Health Care Employees Union, Dist. 1199

Public Policy Analysis Clarified and Applied In Reinstating Worker

An arbitration award reducing the termination of an employee of a skilled nursing facility to a one month unpaid suspension for a two-day delay in reporting her suspicion that her supervisor might have abused a resident did not violate a clearly discernible public policy against the delayed reporting of suspected abuse of nursing home residents.

SC 19160
Robinson, J.

Practice Areas: Labor and Employment , Labor Law , Alternative Dispute Resolution , Arbitration (ADR)

Litchfield J.D., at Litchfield

Whitney v. Secola

Amended Malpractice Complaint Did Not Violate American Rule

Allegations that plaintiff was damaged, because plaintiff was required to pay attorney fees, can be included in a legal-malpractice cause of action, without violating the American Rule.

CV12-6007716S
Pickard, J.

Practice Areas: Legal Profession , Attorney Fee Recovery , Attorney Malpractice

United States Bankruptcy Court

In Re: Couloute; Hamrah v. Couloute

No Proof Attorney Fraudulently Induced $50K Investment in Start Up

Fraud requires proof that a debtor: (1) made representations; (2) knew they were false; (3) made them with intent to deceive the creditor; (4) the creditor justifiably relied on the misrepresentations; and (5) the creditor sustained loss and damage as the proximate result.

13-21252
Dabrowski, J.

Practice Areas: Bankruptcy , Business Entities , Entertainment and Sports Law

Board of Mediation and Arbitration

Town of Newtown and CSEA, Local 2001

Worker Alleged that Town Did Not Pay Full Longevity Bonus

A collective bargaining contract that provides that "Any employee" shall receive a longevity bonus based on years of service to the municipality may not prevent workers who previously worked in another bargaining unit from counting the prior years of municipal service.

2015-A-0036
Diaz, Panagrossi and Johnson

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

United States District Court

Bayan v. Sullivan

Iranian Dr.'s Equal Protection Claim Is Not Barred By Res Judicata

Res judicata can preclude a subsequent suit between the same parties, if a prior suit resulted in a judgment on the merits.

3:14cv528
Bolden, J.

Practice Areas: Civil Procedure , Judgments , Civil Rights , Labor and Employment , Hiring/Firing , Discrimination , Race Discrimination

United States Court of Appeals for the 2nd Circuit

United States v. Wallace

100 Months for Child Porn Was Well Below Sentencing Guidelines Range

A sentence that is well below the sentencing guidelines range is not substantively unreasonable.

13-3641-cr

Practice Areas: Criminal Law , Evidence

Hartford J.D., at Hartford

Cebollero v. Cebollero

Husband Won Reduction in Support from $200 to $0 per Week

A court can find that as a result of shared parenting, the application of the child support guidelines is not equitable, and reduce child support from $200 to $0 per week.

FA10-4048277S
Bozzuto, J.

Practice Areas: Family Law , Custody and Child Support

United States Bankruptcy Court

In Re: Sgambati

Debtors Sought To Alter the Priorities of IRS Claims

11 United States Code §1322(b)(2) of the Bankruptcy Code does not allow debtors to alter the priorities of IRS claims.

13-20115
Dabrowski, J.

Practice Areas: Bankruptcy , Taxation

United States District Court

Metro. Property & Cas. Ins. Co. v. Sisbarro

Parents' Policy Did Not Cover Child Who Resided With Them

A child who resides with his parents may not be covered by his parents' insurance policy, if the policy only provides insurance coverage for covered motor vehicles, non-owned automobiles and substitute motor vehicles.

3:13cv537
Shea, J.

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

Connecticut Appellate Court

In Re: Peter L.

Termination of Parental Rights Upheld and Counsel Was Effective

A parent whose rights have been terminated may assert, on direct appeal, a deprivation of the right to the effective assistance of counsel at trial; but, mere allegations of ineffectiveness, unsubstantiated by the record, are inadequate to support a finding of ineffectiveness.

AC 37231
Per Curiam

Practice Areas: Family Law

New Haven J.D., at New Haven

Bynam v. Tweed New Haven Airport Authority

Employee's Personal Friend Was Not A Business Invitee

A friend who visits an employee at work is a licensee who is not on the premises for a business purpose, and he must take the premises as he finds them.

CV12-6029227S
Nazzaro, J.

Practice Areas: Torts , Premises Liability , Licensees

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 15, Local 1361

Suspension for 'Caveman' Joke Reduced from Ten to Three Days

Arbitrators can find that a 10-day suspension for allegedly joking about a "caveman" appearance in front of an individual who is transgender is overly harsh.

2014-A-0339
Panagrossi and Dunn – Celentano dissented

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Discrimination , Sexual Harassment , Sexual Orientation Discrimination

Waterbury J.D., at Waterbury

Gilbert v. Dep't of Correction

Officer Alleged He Was Wrongly Discharged Based on 'My Space' Post

A worker can obtain compensatory damages, punitive damages and attorney fees, if he proves that he was disciplined or discharged as a result of his exercise of his right to free speech, in violation of Connecticut General Statutes §31-51q.

CV10-6007512
Brazzel-Massaro, J.

Practice Areas: Labor and Employment , Hiring/Firing , Civil Procedure , Pre-trial Procedure

United States District Court

Grayson v. General Elec. Co.

Motion To Seal in GE Microwave Product-Liability Case Vacated

Judicial records enjoy a presumption of openness that is rebuttable, if sealing the record will promote high values and is narrowly tailored to serve that interest.

3:13cv1799
Eginton, J.

Practice Areas: Civil Procedure , Products Liability

Connecticut Appellate Court

State v. Davis

Unlicensed Carrying of Firearm Was Not Shown for Conviction

The law does not penalize mere ownership or possession of a firearm, but is instead aimed specifically at prohibiting the unlicensed carrying and vehicular transport of a pistol in the public arena and, under precedent, a conviction for the unlicensed carrying or unlawful vehicular transport of a pistol cannot stand without proof beyond a reasonable doubt that the defendant lacked a valid permit to carry the pistol issued under Connecticut General Statutes §29-28(b).

AC 35605
Sheldon, J.

Practice Areas: Criminal Law

New Haven J.D., at New Haven

Roberson v. Khorsandi

Housing Authority Owed Duty To Inspect Tenants' Smoke Detectors

A housing authority possesses the duty to conduct reasonable inspections of smoke detectors in residences occupied by persons receiving its vouchers and to warn or remove tenants, if it knows or should know that the smoke detectors do not work.

CV13-6036441
Blue, J.

Practice Areas: Torts , Emotional Distress , Wrongful Death , Landlord/Tenant Law

New Haven J.D., at Meriden

Pelrin v. Shemet

Aunt Not Entitled To Support for 19-Year-Old Disabled Niece

The plain language of a statute that allows parents to obtain child support benefits, if they provide care for a disabled child past her 19th birthday, may not extend to a relative who provides similar care for a disabled individual.

FA13-4018057S
Adams, Family Support Magistrate

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

Birkhamshaw v. Socha

1st Impression Issue on Unified Offer of Compromise Interest

Where there are two plaintiffs, and the claim of one wholly is derivative of the other, offer of compromise interest based on the full jury award would achieve the purpose of Connecticut General Statutes §52-192a.

AC 36058
Mullins, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Parties , Standing , Evidence , Character Evidence , Expert Witnesses , Scientific Evidence

Stamford/Norwalk J.D., at Stamford

Vaske v. Vaske

Wife of Goldman Sachs Partner Won $5 Million Lump Sum and $26K/Month

A court can depart upward from the child support guidelines, if the parties earn approximately $13,788 net per week.

FA12-4023580S
Shay, J.

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

Boyd v. Comm'r of Correction

Court Erred in Dismissing a 2nd Habeas Petition Without a Hearing

It is an abuse of discretion by the habeas court to dismiss a habeas petition sua sponte under Practice Book §23-29 without fair notice to the petitioner and a hearing on the court's own motion to dismiss.

AC 36150
Borden, J.

Practice Areas: Criminal Law

New London J.D., at New London

Denison v. Waterford Dental Health

Opinion Letter Did Not Indicate Surgeon Practiced General Dentistry

A board-certified oral and maxillofacial surgeon may not qualify as a "similar healthcare provider" to a general dentist pursuant to Connecticut General Statutes §§52-190a and 52-184c(b)(2).

CV15-6023013
Zemetis, J.

Practice Areas: Health Law , Medical Malpractice

Connecticut Supreme Court

In Re: Cassandra C.

Mature Minor Doctrine Did Not Apply to Runaway Teen with Cancer

Even assuming that adults have the unfettered right to refuse lifesaving medical treatment, the law was clear that a 17-year-old does not have that right but, to the contrary, is presumed to be incompetent to do so, at least in the absence of proof of maturity.

SC 19426
Rogers, C.J.

Practice Areas: Family Law , Constitutional Law

Connecticut Appellate Court

Barcelo v. Barcelo

Errors in Dividing High Earner's Bonus and Kids' Education Orders

A court in issuing a child support order must make a specific finding on the record of the presumptive amount of child support due under the child support guidelines or any findings regarding a deviation from that amount.

AC 36276
Keller, J.

Practice Areas: Family Law

New London J.D., at Norwich

Kelly v. Vengruscas

Tenant Won Double Damages For Forcible Entry And Detainer

A tenant who proves forcible entry and detainer can be entitled to double damages.

CV14-4125269
Bates, J.

Practice Areas: Landlord/Tenant Law , Personal Property , Residential and Commercial Real Estate

New Britain J.D., at New Britain

Rivera v. Cantu

Dad with Muscular Dystrophy Not Required To Pay Child Support

A court can find it would be inequitable to order a father who suffers from muscular dystrophy to pay child support, because of his restricted income and inability to work.

FA14-4036250S
Shah, J.

Practice Areas: Family Law , Custody and Child Support

United States District Court

Harty v. Bull's Head Realty

ADA Plaintiff Won $47,555 In Fees As 'Prevailing Party'

A reasonable client is presumed to hire a lawyer located near a courthouse, to minimize attorney travel time, and a prevailing party may not be entitled to compensation for a lawyer's time to travel to a settlement conference.

3:11cv1760
Bryant, J.

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

United States District Court

Francis v. Hathaway

Genuine Issue on Cops' Use of Force Against Unarmed Suspect

A factfinder can find that excessive use of force was used if defendants' use of force was objectively unreasonable under the circumstances and the unlawfulness of the use of force would have been clear to a reasonable police officer.

3:11cv1344
Shea, J.

Practice Areas: Civil Rights , Constitutional Law

Hartford J.D., at Hartford

Sires v. Linden Shores Ass'n

Condo Association Won Motion To Strike CUTPA Count

Allegations that a condo association misused the proceeds of an insurance policy and engaged in "systematic misrepresentations" may be insufficient to allege a violation of CUTPA, the Connecticut Unfair Trade Practices Act.

CV14-6054149S
Sheridan, J.

Practice Areas: Residential and Commercial Real Estate , Consumer Protection

New Britain J.D., at New Britain

Muczko v. Suitter

2011 Audi Owner Proved Value Decreased $5,271 Because of Crash

A plaintiff's fair, just and reasonable damages from a motor-vehicle accident can extend beyond the cost of repairs to the loss of the Blue Book value of the motor vehicle as a result of being in a motor-vehicle accident.

CV14-6023596
Shortall, J.T.R.

Practice Areas: Personal Property , Transportation

Connecticut Appellate Court

Madigan v. Hous. Auth. of the Town of East Hartford

Jury Properly Found No Just Cause To Fire Housing Authority Director

It is a matter for the trier of fact to determine whether the defendant had just cause to terminate the plaintiff's employment.

AC 35682
Alvord, J.

Practice Areas: Labor and Employment

Danbury J.D., at Danbury

Hull v. Town of Newtown

Town Immune on Claim that Cop Did Not Frisk Hallucinating Man

If a police officer takes an individual who suffers from mental health issues into protective custody pursuant to C.G.S. §17a-503(a), the police officer lacks the duty to search, and the municipality is entitled to government immunity on claims it was required to and failed to conduct a search.

CV12-6008902
Ozalis, J.

Stamford/Norwalk J.D., at Stamford

Green-Cubano v. Norwalk Acquisition I

African-American Manager Adequately Alleged Extreme Conduct

Allegations that an employer informed a minority manager it wanted a Caucasian female to be the "face" of the company, and that the manager would not fit in with the company's Caucasian employees, can be sufficient to allege extreme and outrageous conduct.

CV14-6023777S
Heller, J.

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

Connecticut Appellate Court

In Re: Payton V.

Termination of Father's Rights to Children Upheld for Belt Beating

The deprivation of care, guidance or control statute, Connecticut General Statutes §45a-717(g)(2)(B), does not exempt a parent who fails to provide the care, guidance or control necessary for his children's well-being simply because some other person steps in during his absence to provide that care.

AC 37294
Mullins, J.

Practice Areas: Family Law , Custody and Child Support

New London J.D., at Norwich

O'Donnel v. Johnson

Father of Two To Pay $86 Per Week and $17 Per Week on Arrearage

A court can order an unemployed father to pay retroactive child support in an amount that is sufficient to compensate the mother and that will not break the father.

FA12-4119469
Moukawsher, J.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

State v. Tavares

Anonymous Tipster Described SUV, Driver, Time and Location of Heroin

Phone calls from an anonymous tipster concerning a shipment of heroin can provide a reasonable, articulable suspicion of criminal activity and probable cause to stop and search a motor vehicle, even if the driver has not committed any traffic violations.

CR12-266155
Alander, J.

Practice Areas: Constitutional Law , Evidence , Criminal Law

Hartford J.D., at Hartford

Metropolitan Property & Cas. Ins. v. Wozniak

Defendant Who Allegedly Trespassed and Cut Neighbor's Trees To Pay $5K

To prevail on a cause of action for trespass, plaintiff must prove: (1) ownership or possessory interest in land; (2) intentional invasion, intrusion or entry by the defendant that affected plaintiff's possessory interest; and (3) direct injury to plaintiff.

CV14-6052786S
Elgo, J.

Practice Areas: Torts , Intentional Torts , Trespass , Residential and Commercial Real Estate

Connecticut Supreme Court

State v. Stovall

Insufficient Evidence of Intent to Sell Drugs in Prohibited Zone

For a conviction under Connecticut General Statutes §21a-278a(b), the state is not required to prove that the defendant knew that the location in which he intended to sell drugs was within 1,500 feet of a public housing project, but that he intended to sell the drugs at a particular location, and that location was within 1,500 feet of a public housing project.

SC 19167
Vertefeuille, J.

Practice Areas: Criminal Law

Citizen's Ethics Advisory Board

Declaratory Ruling 2015-C

Attorney-Legislator Can Vote on Supreme Court Appointment

An attorney-legislator can take part in the appointment or re-appointment of a Connecticut Supreme Court justice, unless the attorney-legislator has a case that has not been decided and that is pending before the Connecticut Supreme Court.

2015-C
Chiusano, J.

Practice Areas: Administrative Law , Election and Political Law

United States District Court

Strauch v. Computer Sciences Corp.

District Court Capped Number of Depositions in FLSA Class Action

A court can cap depositions for individuals in the second and third tiers of a potential class action with the potential for 4,000 to 4,421 members at no more than 60 depositions.

3:14cv956
Margolis, J.

Practice Areas: Civil Procedure , Discovery , Class Actions , Labor and Employment , Wages and Hours

Mashantucket Pequot Court of Appeals

Jones v. Mashantucket Pequot Tribal Nation

Court of Appeals Lacks Jurisdiction To Decide Appeal

Absent a final judgment from the Mashantucket Pequot Tribal Court, the Mashantucket Pequot Court of Appeals lacks jurisdiction to decide an appeal.

CV-AA-2013-198
Per Curiam

Practice Areas: Native American Law , Appellate Law - Civil , Finality , Labor and Employment , Hiring/Firing

Waterbury J.D., at Waterbury

Hansen v. Barnett

Motorcyclist Won $323,328 for Collision with Defendant's Dog

A plaintiff who proves that a dog was responsible for a collision can obtain damages against the dog's owner under a strict liability theory, pursuant to Connecticut General Statutes §22-357, even if plaintiff was not bitten.

CV09-5015705S
Pellegrino, J.T.R.

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

Hartford J.D., at Hartford

Johnson v. Town of Bristol

Genuine Issues in High School Student's Accidents in Gymnasium

Government immunity may not apply when a minor plaintiff sues a municipality and the minor plaintiff, who allegedly was injured during gym class, qualifies as an identifiable person who was subject to imminent harm.

CV12-6034988S
Wiese, J.

Practice Areas: Education Law , Torts , Personal Injury

Mashantucket Pequot Tribal Court

Jones v. Mashantucket Employment Rights Office

Elders Council Decides when Individual Is in 'Good Standing'

Only an individual who is in "good standing" on the date of hire is entitled to a Native American preference as a member of the Mashantucket Pequot Tribal Court, and the Elders Council decides which individuals are in "good standing."

CV-AA-2014-168
O'Connell, J.

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

Mashantucket Pequot Court of Appeals

Colebut v. Mashantucket Pequot Tribal Nation

Disability Benefit Appeal Not Filed Within 20 Days of Final Judgment

"A notice of appeal in a civil case shall be filed within 20 days of the filing of the final judgment of the tribal court," pursuant to Rule 3 of the Mashantucket Pequot Rules of Appellate Procedure.

MPTC-CV-2014-205
Tompkins, J.

Practice Areas: Native American Law , Appellate Law - Civil , Timeliness , Social Services Law

Connecticut Appellate Court

Castro v. Mortgage Lenders Network USA

Quiet Title Action Was Improperly Dismissed for Lack of Standing

Legal title is not required to invoke the provisions of Connecticut General Statutes §47-31, to bring a quiet title action.

AC 36500
West, J.

Practice Areas: Residential and Commercial Real Estate

Waterbury J.D., at Waterbury

Serafinowicz v. Bernstein; Bernstein v. Serafinowicz

Psychologist Alleged That Criminal Attorney Stalked Him

A court can issue a protective order, if a stalker's alleged conduct would cause a reasonable individual to fear for his safety or if the stalker threatens his employment, business or career.

CV15-4034547S and CV15-4034579S
Trombley, J.T.R.

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

Stamford/Norwalk J.D., at Stamford

Grade A Market v. Surplus Contractors

Apparent 1st Impression on Lessee As Owner for Purposes of Mech. Lien

Although a lessee has the right to possess and use property as a result of a leasehold, it does not have the right to convey property and does not qualify as an owner for purposes of the mechanic's lien statute.

CV14-60234
Heller, J.

Practice Areas: Residential and Commercial Real Estate , Contracts , Breach , Landlord/Tenant Law

Hartford J.D., at Hartford

Gonzalez v. O&G Indus.

Use of Natural Gas To Clean Pipe Is Not Abnormally Dangerous Activity

When ruling on whether an activity is abnormally dangerous, courts may consider: (1) the existence of a high degree of risk of some harm; (2) the likelihood that harm will be great; (3) the ability to eliminate the risk by the exercise of reasonable care; (4) the extent to which the activity is not a matter of common usage; and (5) the extent to which dangerous attributes are greater than value to the community.

CV10-6034672S
Sheridan, J.

Practice Areas: Torts , Ultra-hazardous Activity , Energy and Natural Resources

Hartford J.D., at Manchester

State v. Eddy

Driver Who Confessed Was Not Being Held in Police Custody

Routine booking questions and observations do not constitute custodial interrogation, for purposes of a motion to suppress evidence of a confession.

FA14-4072698
Mullarkey, J.

Practice Areas: Criminal Law , Evidence

New London J.D., at Norwich

McCue v. McCue

Husband's Request for All Three Parcels of Real Estate Rejected

A court can find it would not be equitable to award all three parcels of real estate to one party.

FA13-4122212S
Moukawsher, J.

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

Procaccini v. Procaccini

Court Improperly Used Gross Income To Set Alimony

The trial court incorrectly applied the law in its modification decisions by basing its financial orders solely on the defendant's gross income, rather than basing its orders properly on net income.

AC 36501
Alvord, J.

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Philadelphia Ins. Cos. v. Alpine Worldwide Chauffered Serv.

Defendant Won Motion To Open and To Set Aside Default Judgment

A court can grant an order to set aside judgment of default for breach of contract, if defendant establishes: (1) it possessed a good defense to plaintiff's claim at the time that judgment entered; and (2) mistake, accident or other reasonable cause prevented plaintiff from making the defense.

14-6022110
Lee, J.

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

New Haven J.D., at New Haven

Rosado v. Rosado

Dad Won Custody of 6th Grader Who Missed 23 Days of School

A court can find it is in the best interests of a minor child to award physical custody to the father, because the child missed 23 days of school, and his academic performance deteriorated in the care of the mother.

FA07-4028994S
Kenefick, J.T.R.

Practice Areas: Family Law , Custody and Child Support

Mashantucket Pequot Tribal Court

Deshaies v. Mashantucket Pequot Gaming Enter.

Patron Failed To Prove that Slot Machine Door Caused Injury

To prevail on a premises-liability claim, a plaintiff must prove that defendant possessed actual or constructive notice of a dangerous condition.

MPTC-CV-PI-2013-133
Tompkins, J.

Practice Areas: Native American Law , Torts , Personal Injury , Premises Liability , Invitees

Connecticut Supreme Court

State v. Smith

Defendant's Ownership of Property Taken Defeats any Robbery Charge

The state is required to prove as an element of the crime of robbery in the first degree, Connecticut General Statutes §53a-134(a), that the defendant was not the owner of the property he was accused of taking from another.

SC 19314
Rogers, C.J.

Practice Areas: Criminal Law

United States District Court

Temich v. Cossette

Cop Is Collaterally Estopped from Relitigating Excessive Force Claim

When both civil and criminal cases involve the issue of whether defendant police officer used excessive force, the issue was fully litigated in the criminal court and no evidence exists that the criminal court's decision was not fair or adequate, a court can grant judgment on a civil excessive force claim.

3:11cv958
Squatrito, J.

Practice Areas: Civil Rights , Constitutional Law , Civil Procedure

Willimantic (Juvenile Matters)

In the Interest of: Juliana

Court Threatened Mother With Removal of Four Minor Kids

If parents are unable to cooperate and act civilly, a court can commit minor children who previously were adjudicated as neglected to the custody of the Department of Children and Families.

W10-CP14-016619A
Foley, J.T.R.

Practice Areas: Family Law , Custody and Child Support

Mashantucket Pequot Court of Appeals

Talyosef v. Mashantucket Pequot Worker's Compensation Comm'n

Workers' Comp Plaintiff Did Not Timely File Appellate Brief

An appellate brief must be filed within 30 days after the filing of the notice of appeal.

CV-AA-2014-179
Tompkins, J.

Practice Areas: Native American Law , Appellate Law - Civil , Timeliness , Social Services Law , Workers’ Compensation

Board of Labor Relations

State of Connecticut and Connecticut State Police Union

Colonel Denied He Grabbed Arm of Union's President and Swore

Assault or physical abuse by an employer's representative in response to protected activity can violate the State Employee Relations Act.

4813
Battey, Low and Bird

Practice Areas: Administrative Law , Labor and Employment , Labor Law , Collective Bargaining Agreements

Stamford/Norwalk J.D., at Stamford

Weyhe v. Weyhe

Financial Advisor's Alimony Reduced from $8K to $3K/Month

A court can modify alimony as a result of proof of a substantial change in circumstances.

FA09-4016713S
Heller, J.

Practice Areas: Family Law , Custody and Child Support

United States Court of Appeals for the 2nd Circuit

Tremblay v. Mohegan Sun Casino

Title VII and ADEA Claims Against Sun Casino Were Properly Dismissed

Title VII expressly excludes Native American Indian tribes from its definition of "employer."

14-2031-cv

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