Decisions

Most Viewed Decisions

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

U.S. District Court

Miller v. Bridgeport Board of Education

Allegations that a board of education did not hire any African-American attorneys and permitted a board of education worker to choose a Caucasian attorney and did not permit the board of education worker to choose an African-American attorney may be sufficient to allege discrimination on the basis of race.

Practice Areas: Civil Rights , Contracts

New Haven J.D., at New Haven

Spearman v. Law Firm of Gary A. Mastronardi

A plaintiff who is not a party to a contract may not be able to prove that the parties reached agreement, that one party performed, that the other party breached and that the plaintiff suffered damages.

Practice Areas: Contracts , Breach , Civil Procedure , Standing , Legal Profession

Waterbury J.D., at Waterbury

Doe v. Town of Wolcott

Government immunity may not apply to allegations that board of education administrators, workers, nurses and security personnel failed to report reasonable suspicions about a teacher to appropriate authorities, in violation of Connecticut General Statutes §17a-101.

Practice Areas: Education Law , Torts , Intentional Torts , Assault , Liability , Immunity

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

Lewis v. City of Norwalk

Isolated incidents generally will not be sufficient to establish hostile-work environment, unless they are extraordinarily severe.

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

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

Edris v. Holder

Willful misrepresentation of a material fact, to obtain an immigration benefit, can make an alien inadmissible, pursuant to 8 United States Code §1182(a)(6)(C)(i).

Practice Areas: Immigration Law , Evidence

Board of Mediation and Arbitration

City of New Britain and IAFF, Local 992

Arbitrators can enforce a minimum manning clause in a memo or a collective bargaining contract, even if one party alleges that the minimum number was recorded incorrectly and constitutes a typo.

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

Board of Mediation and Arbitration

Town of Enfield and AFSCME, Council 15, Local 798

A municipality that orders an off-duty police officer to pull over, in response to a false report of operating under the influence, may not be required to pay the police officer overtime.

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

Connecticut Supreme Court

State v. Gonzalez

In State v. Bennett, the 2013 Supreme Court explained that under the Pinkerton doctrine, "a coconspirator's intent to kill may be imputed to a defendant who does not share that intent . . . " but, "to be guilty as an accessory one must share the criminal intent and community of unlawful purpose with the perpetrator of the crime and one must knowingly and willfully assist the perpetrator in the acts which prepare for, facilitate or consummate it. . . ."

Practice Areas: Criminal Law

Connecticut Supreme Court

State v. Pierre

Because the defendant lacked control over the access of others to the attic area of a multi-tenant rooming house, he did not have an expectation of privacy in that space that society would recognize as reasonable.

Practice Areas: Criminal Law

Connecticut Appellate Court

Wells Fargo Bank, N.A., Trustee v. Strong

Connecticut's appellate courts have not required a foreclosure plaintiff to produce evidence of ownership deriving from a pooling and servicing agreement in making its prima facie case on summary judgment.

Practice Areas: Banking and Financial Institutions , Creditors’ and Debtors’ Rights , Civil Procedure , Standing

Connecticut Appellate Court

Villages, LLC v. Enfield Planning and Zoning Commission

The Supreme Court's 2009 decision in Moraski v. Connecticut Board of Examiners of Embalmers & Funeral Directors instructs that a claim of bias must be raised at the first opportunity after the discovery of facts tending to prove bias and prejudice.

Practice Areas: Land Use and Planning

Connecticut Appellate Court

Passalugo v. Guida-Seibert Dairy Company

A workers' compensation commissioner is not required, as a matter of constitutional due process and fundamental fairness, to conduct an evidentiary hearing prior to terminating compensation benefits at the conclusion of an informal hearing conducted pursuant to Connecticut General Statutes §31-296.

Practice Areas: Social Services Law , Workers’ Compensation

U.S. District Court

In Re: Finnimore; Cardwell v. Finnimore

A debtor who allegedly files a false statement and fails to preserve pertinent books, documents, records and papers can violate 11 United States Code §727(a)(3).

Practice Areas: Bankruptcy , Creditors’ and Debtors’ Rights

U.S. District Court

Anthony v. Affiliated Computer Services

An arbitrator can enforce a 90-day statute of limitations in connection with an employee's arbitration claim, even if the parties' dispute resolution contract purports to preserve the parties' substantive rights.

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Discrimination , Race Discrimination , Civil Procedure , Statute of Limitations

Hartford J.D., at Hartford

Gold v. Rowland

Class-action plaintiffs who protest the interpretation of the phrase "eligible statutory member," which insurance companies interpreted when they elected to distribute the proceeds of demutualization to the State of Connecticut, may not be required to file a claim within 30 days of official approval of a plan of conversion.

Practice Areas: Business Entities , Insurance Law , Civil Procedure , Statute of Limitations

New Haven J.D., at New Haven

Colasanto v. Hamden Zoning Board of Appeals

Economic hardship and hardships that are self-created do not qualify for variances from zoning regulations.

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

New Haven J.D., at New Haven

Cuozzo v. Philips

A court may disqualify an attorney from simultaneously representing a limited liability company and the majority owner of the limited liability company, if the majority owner has been accused of breach of fiduciary duty and mismanagement of finances.

Practice Areas: Legal Profession , Business Entities , Dissolution

New Britain J.D., at New Britain

Persels and Associates LLC v. Department of Banking

An exemption to a license requirement for debt negotiation that applies to "any attorney admitted to the practice of law" in Connecticut who engages in debt negotiation may not exempt law firms.

Practice Areas: Administrative Law , Banking and Financial Institutions , Legal Profession

Hartford J.D., at Hartford

Prince v. Johnson Memorial Hospital Inc.

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

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

Middlesex J.D.

Middlesex Mutual Assurance Co. v. Hamilton

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

Practice Areas: Insurance Law , Automotive

Hartford J.D., at Hartford

Levine v. Amica Mutual Insurance Co.

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

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

Windham J.D.

Generations Willimantic LLC v. Town of Windham

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

Practice Areas: Taxation , Residential and Commercial Real Estate

U.S. District Court

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

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

Practice Areas: Administrative Law , Environmental Law

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

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

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

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

Freedom of Information Commission

DiCara v. Town Manager, Town of Winchester

Connecticut General Statutes §1-211(a) provides a document requester with the option to request a specific method of delivery of nonexempt computer stored data and that the public agency is required to use the method of delivery requested if it reasonably can do so or have it done; C.G.S. §1-211(a) does not, by any of its terms, obligate a public agency to provide a copy of a computer stored public record in the computer format requested.

Practice Areas: Administrative Law

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

Ensign Yachts Inc. v. Arrigoni

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

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

Board of Mediation and Arbitration

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

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

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

Department of Energy and Environmental Protection

In the Matter of: E-Square Investments LLC

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

Practice Areas: Environmental Law , Residential and Commercial Real Estate

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

Orellana v. Holder

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

Practice Areas: Immigration Law

Freedom of Information Commission

Peruta v. Bradford

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

Practice Areas: Administrative Law

Department of Energy and Environmental Protection

In the Matter of: Shanahan

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

Practice Areas: Environmental Law , Residential and Commercial Real Estate

Freedom of Information Commission

Sargent v. Capalbo

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

Practice Areas: Administrative Law

Connecticut Appellate Court

Hankerson v. Commissioner of Correction

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

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

Connecticut Appellate Court

Perez v. Commissioner of Correction

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

Practice Areas: Criminal Law

U.S. District Court

Brayboy v. City of Bridgeport

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

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

U.S. District Court

Nichairmhaic v. Dembo

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

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

U.S. District Court

U.S. v. Brunstorff

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

Practice Areas: Criminal Law

Connecticut Appellate Court

Cunniffe v. Cunniffe

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

Practice Areas: Appellate Law - Civil , Family Law

U.S. District Court

Thompson v. Board of Trustees Community-Technical Colleges

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

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

Stamford/Norwalk J.D., at Stamford

Fitzpatrick v. Fitzpatrick

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

Practice Areas: Family Law

Connecticut Appellate Court

We The People of Connecticut, Inc. v. Malloy

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

Practice Areas: Appellate Law - Civil , Constitutional Law

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

U.S. v. Pressley

A sentence can damage the administration of justice if the sentence is shockingly high, shockingly low or otherwise is unsupportable as a matter of law, pursuant to United States v. Rigas, a 2009 decision of the 2nd Circuit.

Practice Areas: Criminal Law