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

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

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

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

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

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

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

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 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

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

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

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

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

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

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

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 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

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

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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 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 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

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

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

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

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

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

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

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

Freedom of Information Commission

Altimari v. Comm'r, State of Connecticut, Dep't of Emergency Services and Public Protection

1st Impression Issue: Records of Newtown Shooter Are Public Records

Requested documents informing the investigation into the Newtown shootings "related to the conduct of the public's business" within the meaning of Connecticut General Statutes §1-200(5) and were found to be "public records" under §1-200(5) and §1-210(a), despite being claimed as personal property belonging to the shooter or his mother and seized by police via a search warrant.

FIC 2014-372
Freedom of Information Commission

Practice Areas: Administrative Law

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

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

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

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

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 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

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

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

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

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

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

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

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 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

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

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

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

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

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

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

Hartford J.D., at Hartford

Fleischmann v. Fleischmann

Husband Not Required To Disclose Communications with Counselor

Connecticut General Statutes §52-146c protects a patient's mental health treatment records.

FA14-4072698
Albis, J.

Practice Areas: Evidence , Privacy Law , Civil Procedure , Discovery

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

New Haven J.D., at New Haven

Nolen-Hoeksema v. Maquet Cardiopulmonary

Estate Alleges Hospital Incorrectly Utilized Oxygenator for 106 Hours

Allegations that defendant hospital negligently used a medical device for more than 17 times longer than instructions allowed did not involve the exercise of medical judgment.

CV14-6049888S
Frechette, J.

Practice Areas: Health Law , Products Liability

United States District Court

Exley v. Burwell

Medicare Beneficiaries Won Nationwide Class-Action Cert.

Plaintiffs who protest delayed Medicare decisions may be included in a class action, even if plaintiffs eventually obtained favorable decisions, if their claims are "capable of repetition yet evading review."

3:14cv1230
Meyer, J.

Practice Areas: Social Services Law , Medicare/Medicaid , Civil Procedure , Class Actions

Hartford J.D., at Hartford

Dickman v. Conderino

Special Relationship Did Not Toll Three-Year Statute of Limitations

A special relationship between co-workers can result in a continuing duty that tolls the statute of limitations.

CV11-5035909S
Elgo, J.

Practice Areas: Civil Procedure , Statute of Limitations , Torts , Emotional Distress , Privacy Law

United States District Court

Anthony v. City of Bridgeport

Cop's Prior Disciplinary Action Is Not Admissible

Evidence of prior disciplinary action against a police officer may not be admissible, if prior incidents do not share unusual or unique characteristics with the subject incident, as required to establish a pattern of conduct existed.

3:12cv619
Garfinkel, J.

Practice Areas: Evidence , Civil Rights , Constitutional Law

Connecticut Supreme Court

Radzik v. Connecticut Children's Med. Ctr.

Medical Files Discovery Order, as Amended, Was Not a Final Judgment

Absent extraordinary circumstances, discovery orders generally do not satisfy either exception stated in the Supreme Court's 1983 decision in State v. Curcio, to constitute final judgments for appeal purposes.

SC 19267
Per Curiam

Practice Areas: Appellate Law - Civil , Interlocutory Appeal , Civil Procedure , Discovery

Connecticut Appellate Court

Wagner v. Our Lady of Mount Caritas, O.S.B., Inc.

Punitive Damages Upheld Against a Misrepresenting "Monastery"

Where the evidence amply supported a finding that the defendant intentionally misrepresented its status as a Roman Catholic Benedictine monastery to induce the plaintiffs to fund the construction of a chapel, the court did not abuse its discretion in denying the defendant's motion to set aside a jury's verdict finding the plaintiffs entitled to punitive damages.

AC 36373
Sheldon, J.

Practice Areas: Torts , Damages , Punitive , Intentional Torts , Fraud (Torts)

United States District Court

Jennette v. Hous. Auth. of the City of Bridgeport

Assistant Was Discharged after Informing Director about MS

A temporal proximity between informing a manager about a medical disability and discharge the following day can help to prove that the employer's nondiscriminatory rationale for discharge constituted a pretext for discrimination on the basis of disability.

3:13cv1500
Shea, J.

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

Connecticut Supreme Court

State v. Moreno-Hernandez

Precedent Reversed on Attendant Circumstances for Attempt Statute

The attendant circumstances subdivision of the criminal attempt statute, Connecticut General Statutes §53a-49(a)(1), making it a crime for an individual, acting with the intent required for the commission of the predicate crime, to intentionally engage in conduct that would constitute the crime if the attendant circumstances were as he believed them to be, is not limited to situations where it is impossible for an individual to commit the intended crime, due to a mistake of fact.

SC 18919
Zarella, J.

Practice Areas: Criminal Law

Litchfield J.D., at Litchfield

Peterson v. Torrington Tax Collector

Constable's Service of Process Did Not Comply with §52-57(a)

A court may not possess personal jurisdiction, if a Hartford constable serves defendant at his business address in Torrington.

CV15-5007614
Danaher, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

New Haven J.D., at New Haven

Laurel Woods Health Care Ctr. v. Dennison

Nursing Home Adequately Alleged Fraudulent Conveyance

A nursing home that alleges that a child transferred money from her parent's account to herself, after the parent signed a contract for health care services, can possess a cause of action for fraudulent conveyance.

CV14-6047913S
Fischer, J.

Practice Areas: Creditors’ and Debtors’ Rights , Health Law

United States District Court

Ziemba v. Lajoie

Inmate Sought To Disqualify Office of the Attorney General

Allegations that defense counsel did not comply with court orders and filed too many requests for extensions are insufficient to prove that counsel should be disqualified.

3:11cv845
Meyer, J.

Practice Areas: Legal Profession , Civil Rights , Criminal Law

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

McGurk v. Connecticut Light & Power

345-Kilovolt Electric Transmission Line Did Not Overburden Easement

An electric company legitimately exercised the rights granted in an easement and did not overburden the easement, when it built a 345-kilovolt electric transmission line within 200 feet of a day care center.

CV13-6044598S
Wahla, J.

Practice Areas: Residential and Commercial Real Estate , Energy and Natural Resources , Public Utilities

New Haven J.D., at New Haven

Carriage Drive E. v. Ritchie

Neighbors To Remove Fence that Violated Restrictive Covenant

Restrictive covenants are enforceable by injunction, without the need to prove irreparable harm.

CV13-6038364S
Burke, J.

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

Connecticut Appellate Court

State v. Swebilius

Statute of Limitations Tolled for 31-Day Delay in Warrant Execution

The 31-day period between the issuance and service of an arrest warrant did not amount to unreasonable delay, vitiating the tolling of the statute of limitations.

AC 36924
Alvord, J.

Practice Areas: Criminal Law

Commission on Human Rights and Opportunities/Office of Public Hearings

Comm'n on Human Rights and Opportunities ex rel. Pallet v. Oral Care Dental Group II

Worker Who Did Not Keep Boss's Text Messages Seeks Help Producing Them

A party who does not keep a supervisor's text messages, and who seeks help producing them, can follow the procedures in Connecticut General Statutes §51-85.

1310478
Wilson, Presiding Human Rights Referee

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

United States District Court

Mendoza v. Testo

FLSA Plaintiff To Disclose Two Years of Federal Income Tax Returns

A court can order the disclosure of federal and state income tax returns, if: (1) the tax returns are pertinent to the subject matter of the complaint; and (2) the information is not otherwise readily available.

3:14cv1664
Merriam, J.

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

Connecticut Appellate Court

State v. Young

Hiding in School after Shooting Supported Risk of Injury Charge

It was reasonable to infer that the defendant created a situation likely to endanger the life or limb of a child when he prompted a vigorous police response by committing a shooting in a residential neighborhood and then attempted to hide from police, who reasonably believed he was armed, in a school cafeteria with children present.

AC 36181
Norcott, J.

Practice Areas: Criminal Law , Evidence

Middlesex J.D., at Middletown

Kent Literary Club of Wesleyan Univ. v. Wesleyan Univ.

All-Male Fraternity Alleges University Breached Contract

A court can find that a fraternity is unlikely to prevail on the merits of its claim that a university that required a switch to co-ed residential facilities breached a contract, engaged in misrepresentation or violated CUTPA, the Connecticut Unfair Trade Practices Act.

CV15-6013185S
Domnarski, J.

Practice Areas: Education Law , Contracts , Breach , Consumer Protection

Connecticut Appellate Court

State v. Schuler

Propensity Evidence Properly Was Admitted in Lack of Consent Case

Concerns regarding the prejudicial impact of propensity evidence admitted under §4-5(b) of the Connecticut Code of Evidence and the 2008 Supreme Court decision in State v. DeJesus, can be mitigated by proper jury instructions.

AC 36244
Gruendel, J.

Practice Areas: Evidence , Prior Bad Acts , Criminal Law

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

Panchenkova v. Chigirinsky

Genuine Issue on Whether Former Husband Paid Russian Judgment

Payment in full can be asserted as a special defense to a claim to enforce a foreign judgment, pursuant to the Uniform Foreign Money Judgments Recognition Act.

CV12-6020819S
Dooley, J.

Practice Areas: Creditors’ and Debtors’ Rights , Family Law , International Law (Public)

New Haven J.D., at New Haven

Panagrossi v. Panagrossi

Husband in Willful Contempt for Failure To Provide Health Insurance

A party who willfully fails to follow a court order to pay "full coverage" for health insurance can be held in contempt of court.

FA11-4048650
Gould, J.

Practice Areas: Family Law , Health Law

United States District Court

Housatonic Habitat for Humanity v. Gen. Real Estate Holdings

Habitat for Humanity Escaped Sanctions for Inconsistent Motions

A party that allegedly misleads a tribunal can be sanctioned for bad-faith conduct.

3:13cv1888
Shea, J.

Practice Areas: Civil Procedure , Discovery , Environmental Law

New Haven J.D., at New Haven

Ellison v. St. Raphael Dialysis Ctr.

Slip and Fall Plaintiff Did Not Prove Actual Injury

A court can find that although defendant's conduct constituted the proximate cause of plaintiff's slip and fall on a wet floor, plaintiff failed to prove an actual injury as a result of the fall.

CV14-6049509
Pittman, J.

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

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