Most Viewed Decisions

United States District Court

Marini v. Costco Wholesale Corp.

Genuine Issue Whether Costco Violated Anti-Harassment Provision

A court can enforce anti-harassment provisions in an employment contract that are broader than the protections provided in the Americans With Disabilities Act. In 2001, defendant Costco hired Peter Marini, who suffered from tics, pain and stiffness from Tourette's syndrome, to work as a baker's assistant.

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

New Haven J.D., at New Haven

Brown v. Weiner

Former Board Of Ed Worker Alleges Service Was Insufficient

A court may not possess jurisdiction over an individual defendant, if the marshal serves the writ, summons and complaint on the city clerk and the clerk for the board of education, and the individual defendant no longer works for the board of education or the city.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Emotional Distress , Intentional Torts , Assault

Hartford J.D., at Hartford

Lewis v. Burke

Genuine Issue On Parents' Responsibility For Son's Party

Parent who retain possession and control of property, and who are aware that their child previously sponsored parties that might be considered unsafe, could be legally responsible for injuries from their child's party.

Practice Areas: Torts , Personal Injury , Causation

Statewide Grievance Committee

New Britain/Hartford Judicial District v. Serrano

Suspended Attorney To Be Presented To Superior Court

The Statewide Grievance Committee can order an attorney who is already the subject of a disciplinary matter to consolidate the various disciplinary matters for decision by the Connecticut Superior Court.

Practice Areas: Legal Profession

Statewide Grievance Committee

Simpson v. Caine

Attorney Ordered To Take Class In Law Office Management

An attorney who fails to file a timely response to a grievance complaint can be ordered to take a continuing legal education course in law office management.

Practice Areas: Legal Profession

Connecticut Supreme Court

State v. Edwards

Peremptory Challenge For Unusual Answer On Race Was Not Race Based

The use of a peremptory challenge against an individual who identifies as being part of the human race in response to an optional question about race on a jury form could not logically be facially race based, and although a peremptory challenge based on an "unusual" answer to the question might, in some circumstances, be pretextual, the trial court did not improperly find a lack of discrimination here.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Supreme Court

State v. Jones

Video Evidence Was "Submitted" To Jury, Just Not In Jury Room

Although Practice Book §42-23(a) requires trial courts to submit exhibits to the jury, it does not control the manner in which exhibits must be submitted and the trial court retains discretion to determine the manner in which the jury examines submitted exhibits.

Practice Areas: Evidence , Criminal Law , Civil Procedure , Trial

Connecticut Supreme Court

Byrne v. Avery Center for Obstetrics and Gynecology P.C.

1st Impression Issue: HIPAA Does Not Preempt Common-Law Tort Claim

To the extent that Connecticut's common law provides a remedy for a health care provider's breach of its duty of confidentiality in complying with a subpoena, HIPAA, the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §1320d, does not preempt the plaintiff's state common-law causes of action for negligence or negligent infliction of emotional distress against the health care providers.

Practice Areas: Health Law , Civil Procedure , Torts

Connecticut Appellate Court

State v. Jackson

Amendment's New Special Parole Requirement Applied Prospectively

The savings statutes that govern amendments to criminal laws contemplate only prospective application.

Practice Areas: Criminal Law

Connecticut Appellate Court

In Re: Adriana C.

Parent Attaining Sobriety And Step Compliance Was Insufficient

Compliance with the specific steps ordered facilitates, but does not guarantee, the return of the child to the parent; the ultimate issue evaluated is whether the parent has gained the insight and ability to care for her children given their ages and needs within a reasonable time.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Matthew P.

Fair Parental Rights Termination Trial Despite Denied Continuance

It is axiomatic that a mother has a constitutionally protected interest in her parental rights; but, balancing the factors from the 1976 U.S. Supreme Court case of Mathews v. Eldridge, the denial of a respondent mother's motion for a trial continuance while hospitalized, did not render the second trial to terminate her parental rights fundamentally unfair.

Practice Areas: Family Law

Middlesex J.D., at Middletown

Bailey v. Royea

Mother Won Right To Relocate With Child To Kentucky

A court can find it is in the best interests of the minor child to permit the mother to relocate to another state with the child.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Gonzalez v. Katz

To Prevail, Habeas Petitioner Must Prove That She Is Legal Guardian

Only a parent, foster parent, approved adoptive parent or legal guardian can file a petition for a writ of habeas corpus, to challenge the custody of a minor child.

Practice Areas: Family Law , Custody and Child Support , Civil Procedure , Standing , International Law (Public)

Fairfield J.D., at Bridgeport

Gaillard v. Southwestern Connecticut Agency on Aging Inc.

Coordinator Alleged Failure To Provide Reasonable Accommodation

To prevail on a reasonable accommodation claim, a plaintiff must prove: (1) he was disabled; (2) he was able to perform essential functions; and (3) the defendant, who knew about the plaintiff's disability, did not furnish reasonable accommodations.

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination , Family and Medical Leave Act , Hiring/Firing

United States District Court

Lin v. W&D Associates LLC v. Derbi

Defendant Protested Requests To Take Two Separate Depositions

A court can deny a defendant's request for a protective order, if the defendant fails to certify the defendant made a good-faith attempt to resolve the dispute without court action, pursuant to Rule 26(c)(1).

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

New Haven J.D., at New Haven

Simmons v. Rent-A-Center East Inc.

Arbitration Clause Did Not Apply To Trip And Fall On Bed Frame

An arbitration clause that applies to claims "that arise under . . . any Consumer Lease" may not apply to litigation about a trip and fall.

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Torts , Personal Injury , Premises Liability , Invitees

Stamford/Norwalk J.D., at Stamford

Durkin v. Kwartin

Res Judicata Bars Allegations That Trustee Engaged In Malpractice

Probate decrees constitute final judgments for purposes of res judicata.

Practice Areas: Civil Procedure , Trusts and Estates , Legal Profession , Attorney Malpractice

New Britain J.D., at New Britain

Estate of Testa v. Dunn Funeral Home Inc.

Funeral Home Owes $10,024 To Administrator Of Insolvent Estate

The state's claim to reimbursement from a decedent's estate is entitled to priority over an unsecured claim, except for funeral and burial expenses not to exceed $1,800.

Practice Areas: Trusts and Estates , Creditors’ and Debtors’ Rights

Compensation Review Board

Menard v. Willimantic Waste Paper Co.

Paid Vacation Wages And Weeks Are Included In Statutory Calculation

The purpose of Connecticut General Statutes §31-310(a) is to ensure that the parties arrive at a fair and equitable average weekly wage which accurately reflects both the total wages paid to the claimant and number of weeks for which these wages were paid.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Smithwick v. Middlesex Hospital

Retired Nurse's Repetitive Injury Claim Was Timely And Compensable

The jurisdictional requirements of Connecticut General Statutes §31-294c require only that the claimant continued to be exposed to injurious trauma, not that the claimant's condition progressively deteriorated at all times prior to the filing of the notice of claim.

Practice Areas: Social Services Law , Workers’ Compensation

State Elections Enforcement Commission

Complaint by: Boron

Municipal Advocacy Committee Did Not Spend More Than $1,000

A committee that does not raise or spend funds of more than $1,000 may not be required to form a political committee and to report financial activities.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Smith

Registrars Fined $100 For Typos On Official Voting Ballots

If polling ballots contain misspelled names or incorrect information about when an elected candidate's term begins, the State Elections Enforcement Commission can fine the registrars of voters up to $2,000 per offense.

Practice Areas: Administrative Law , Election and Political Law

Connecticut Supreme Court

One County, LLC v. Johnson

Tax Treatment Of Debt Payment Did Not Affect Standing For Guarantee

The plaintiff's claim of a tax deduction for a loss did not preclude him from subsequently seeking to recover from a party indebted to him for that loss.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Supreme Court

General Accident Insurance Company v. Mortara

Insurance Choice Of Law Rules Not Tort Rules Governed Claim

When a dispute between an insurance carrier and its insured regarding the carrier's obligation to pay underinsured-motorist benefits requires a determination of whether the relevant policy provisions provide coverage for the claim, the issue properly is resolved under the choice of law rules governing claims sounding in insurance and contract, rather than tort.

Practice Areas: Insurance Law , Civil Procedure , Contracts

United States Bankruptcy Court

In Re: Lucarelli

1st Impression On Survival Of 'Absolute Priority Rule'

The Bankruptcy Abuse Prevention and Consumer Protection Act did not eliminate the "absolute priority rule" in individual Chapter 11 cases.

Practice Areas: Bankruptcy , Creditors’ and Debtors’ Rights

United States District Court

A&R Body Specialty and Collision Works Inc. v. Progressive Insurance Group Co.

Plaintiffs Object That Request For 3rd-Party Tax Returns Is Harassment

Tax returns are discoverable if: (1) it clearly appears that they are relevant to the subject matter of the litigation; and (2) a compelling need exists because the information is not otherwise readily obtainable.

Practice Areas: Civil Procedure , Discovery , Parties , Insurance Law

United States District Court

Bernstein v. Mafcote Inc.

Former Employer Won Partial Protective Order For Legal Invoices

Although client identity and fee information generally are not privileged, the attorney-client privilege can bar disclosure of legal invoices that discuss either the specific nature of the legal services provided to an opponent or the opponent's motive in seeking legal representation.

Practice Areas: Civil Procedure , Discovery , Evidence , Privileges , Labor and Employment , Discrimination , Disability Discrimination , Hiring/Firing

United States District Court

Damato v. O'Halloran

Prisoner Alleges Doctors Refused To Prescribe Oxycontin

Allegations that a prison doctor refused to prescribe the plaintiff prisoner Oxycontin and Percocet, because the prisoner previously had complained, can be sufficient to allege a claim that the doctor was deliberately indifferent to a serious medical need, in violation of the 8th Amendment.

Practice Areas: Criminal Law , Constitutional Law , Health Law

United States District Court

Vertucci v. Colvin

Plaintiff Won Compensation For 37 Hours Of Legal Work Under EAJA

In a factually complex case, with a record of more than 900 pages, a court can approve only the legal work that was reasonable and necessary to the party who prevailed and can deny attorney fees for time spent to review e-mails from the judge's law clerk or to request a continuance.

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

United States District Court

Securities and Exchange Commission v. Illarramendi

Father Seeks Share Of $264 Million That Receiver Recovered

A court can approve a plan that a receiver in a large securities fraud action distribute the majority of the money that was recovered and keep in reserve a small portion that is sufficient to meet a relative's unresolved ownership claim.

Practice Areas: Securities and Federal Corporate Law , Creditors’ and Debtors’ Rights

New Haven J.D., at New Haven

Nappe v. Town of East Haven Board of Police Commissioners

Police Officer's Pension Dispute Furnishes 'Actual Controversy'

Justiciability requires: (1) that there be an actual controversy between or among the parties to the dispute; (2) that the interests of the parties be adverse; (3) that the matter be capable of being adjudicated; and (4) that the resolution of the controversy will result in practical relief.

Practice Areas: Civil Procedure , Labor and Employment , Employee Benefits , Pensions and Other Retirement Benefits

Hartford J.D., at Hartford

Bisi-MacGregor v. Turner

Owner Proved Remodeler Failed To Complete Kitchen And Bath

An owner may not need a construction expert to prove that a remodeler failed to complete work and breached the parties' contract.

Practice Areas: Contracts , Breach , Performance , Residential and Commercial Real Estate

New Haven J.D., at New Haven

Strathmore Farms Association Inc. v. Perrelli

Condo Association Foreclosed Owner Who Refused To Pay Common Charges

A condo association can obtain a foreclosure by sale against a unit owner who allegedly refuses to pay all of his common fees.

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

Hartford J.D., at Hartford

O'Brien v. Vinfen Corp. of Connecticut Inc.

Burnham Does Not Preclude Wrongful-Discharge Claim

Burnham v. Karl & Gelb, a 2000 decision of the Connecticut Supreme Court, does not prevent a common-law wrongful discharge claim, if an employee who allegedly made internal complaints to a supervisor did not allege that she also made complaints to a "public body."

Practice Areas: Labor and Employment , Hiring/Firing , Whistle-blower Law

New Haven J.D., at New Haven

Lawlor v. Greene

Dr. Relied On Widely Accepted Principles Of Dermatopathology

Expert testimony should be admitted when (1) the witness has a special skill or knowledge directly applicable to a matter; (2) that skill or knowledge is not common to the average person; and (3) the testimony would be helpful to the court or jury.

Practice Areas: Evidence , Expert Witnesses , Relevance , Scientific Evidence , Medical Malpractice

Compensation Review Board

Heyer v. City Carting Holding Company

Appeal Filed Without Description Of Legal Error Was Dismissed

When an appellant fails to sufficiently apprise the tribunal and opposing party of the rationale for appeal prior to the hearing, the appeal is subject to dismissal.

Practice Areas: Social Services Law , Workers’ Compensation

New Britain J.D., at New Britain

Board of Estimate and Taxation for the Town of Greenwich v. Freedom of Information Commission

Finance Board Violated 'Open Meetings' Provision In FOIA

A municipal board can violate the "open meetings" provision in the Freedom of Information Act, if the board meets in executive session and no "pending claims" exist.

Practice Areas: Election and Political Law , Education Law

Compensation Review Board

Rock v. State of Connecticut

Unusual Claim Filed By Estate For Decedent With No Dependents

The term "legal representative of the deceased employee" in Connecticut General Statutes §31-294c(a) extends beyond "executor or administrator" and, where an employee died prior to filing a claim under Chapter 568 and left no dependents, his estate had standing to commence an action, but that question was distinct from having a statutory right to benefits.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Wiblyi v. McDonald's Corporation

Without A Proper Notice Of Claim Disclaimer Was Not Required

Connecticut General Statutes §31-294c(b) provides the framework for a claimant to bring a motion to preclude and nowhere in its provisions does the legislature indicate that a respondent can defeat an otherwise valid motion to preclude through the affirmative defense of laches.

Practice Areas: Social Services Law , Workers’ Compensation

United States District Court

Mitchell v. Livable City Initiative

Plaintiff Failed To Allege Race And Gender Motivated Defendants

Conclusory allegations of discrimination, without evidentiary support or allegations of particularized incidents, are insufficient to state a valid claim, pursuant to Rivera-Powell v. New York City Board of Elections, a 2006 decision of the 2nd Circuit.

Practice Areas: Civil Rights , Public Utilities

Middlesex J.D., at Middletown (Child Protection Session)

In Re: Annabelle

Parents Were Unable To Explain 3-Month-Old Child's Six Broken Bones

A court can find it is in the best interests of a minor child to terminate the parental rights of parents whose child allegedly had six broken ribs in various stages of healing.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Burke v. Mesniaeff

Wife Won $366K Prejudgment Remedy For Alleged Assault

A court can award a prejudgment remedy, if after taking into account any defenses, counterclaims, setoffs and exemptions, probable cause exists that the plaintiff will prevail on the merits at trial.

Practice Areas: Civil Procedure , Provisional Remedies , Torts , Intentional Torts , Assault , Damages

Compensation Review Board

Barbee v. Sysco Food Services

Surveillance Video Was Properly Relied Upon In Rejecting Claim

Lengthy precedent establishes that when surveillance video displays a claimant performing tasks in a manner inconsistent with their asserted medical condition, the trial commissioner may find the claimant's testimony unpersuasive.

Practice Areas: Social Services Law , Workers’ Compensation

Office of the Attorney General

Letter to: DeFronzo

Chapter 58 Provides Authorization For Administrative Services Agency

The Department of Administrative Services possesses the power to enter into contracts to obtain the equipment, materials and services that state agencies require.

Practice Areas: Administrative Law , Election and Political Law

Office of the Attorney General

Letter to: Perkins

Property Exemption For Veterans Does Not Require War Time Service

Absent explicit statutory language that expressly indicates that a property exemption for veterans applies only to those veterans who served in "time of war," C.G.S. §12-81(20) does not require war time service.

Practice Areas: Residential and Commercial Real Estate , Taxation , Election and Political Law

Connecticut Appellate Court

Noroton Properties, LLC v. Lawendy

Mutual Assent To Extension Was Improperly Found From Conduct

It is well settled that the conduct of the parties may establish a modification of the contract under certain circumstances, but the fact that an installment payment, tendered in error, was never returned or deposited into an account, alone, did not act to automatically extend the maturity date of a note.

Practice Areas: Creditors’ and Debtors’ Rights , Contracts

Connecticut Appellate Court

Town of Granby v. Feins

Use Of Right-Of-Way Dedicated To Access Cemetery Was Sufficient

Acceptance of property dedicated for public use may be established either by the public's actual use of the property or by the actions of the municipality, and while the public's use of a 50 foot right-of-way to an ancient cemetery was not constant or by large numbers of people, its use evidenced acceptance for the purpose for which the right-of-way was dedicated.

Practice Areas: Residential and Commercial Real Estate

United States District Court

Doe v. New Fairfield Bd. of Educ.

Board Of Ed Seeks To Depose Alleged Victim Of Sexual Assault

A court can permit parents and a counselor to accompany a minor to a deposition.

Practice Areas: Civil Procedure , Discovery , Education Law , Torts , Emotional Distress

Danbury J.D., at Danbury

Gagliano v. Advanced Specialty Care

Plaintiffs Won $1.3 Million In Offer-Of-Compromise Interest

A plaintiff who prevails at trial can be entitled to offer-of-compromise interest, if the defendant did not accept the plaintiff's pretrial offer to settle.

Practice Areas: Civil Procedure , Health Law , Medical Malpractice

Ansonia/Milford J.D., at Milford

State v. Guzman

25 Years For Assault And Rape Of Ex-Wife Affirmed

The Sentence Review Division possesses the power to reduce a sentence that is inappropriate or disproportionate, considering the nature of the offense, the character of the offender, the protection of the public interest and the deterrent, rehabilitative, isolative and denunciatory purposes of sentencing.

Practice Areas: Criminal Law

Waterbury J.D., at Waterbury

Vines v. Singh

Opinion Letter Omitted Author's Expert Qualifications

A plaintiff can file a supplemental memorandum and an affidavit, to discuss the qualifications of the author of a written medical opinion.

Practice Areas: Health Law , Medical Malpractice

Hartford J.D., at Hartford

Jones v. Dep't of Children and Families

Social Worker Failed To Prove He Was Fired Because He Was Gay

An employer can possess a legitimate reason to discharge, as a result of evidence that an employee allegedly experienced difficulty following directions, left children alone during a supervised visit, and allowed the minor children's father to discover the location of the minor children's home.

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

Hartford J.D., at Hartford

Rider v. Tennis Enter. Ltd.

Minor Lacrosse Player Allegedly Was Injured On Tennis Club's Net Post

Defendants may not be entitled to summary judgment, if a reasonable jury could find that they should have discovered and remedied a defect before the plaintiffs was injured.

Practice Areas: Torts , Personal Injury , Premises Liability

United States Court of Appeals for the 2nd Circuit

Ikpe v. Holder

Written And Oral Testimony About Threats Was Inconsistent

An individual may be unable to rehabilitate inconsistent evidence about threats, if he lacks any independent evidence to corroborate his testimony.

Practice Areas: Immigration Law

United States Court of Appeals for the 2nd Circuit

Reynolds v. Holder

Court Exercised Hypothetical Jurisdiction To Review CAT Claims

The 2nd Circuit can exercise hypothetical jurisdiction "where the jurisdictional constraints are imposed by statute, not the Constitution, and where the jurisdictional issues are complex and the substance of the claim is . . . plainly without merit," pursuant to Ivanishvili v. U.S. Dep't of Justice, a 2006 decision of the 2nd Circuit.

Practice Areas: Immigration Law

United States Court of Appeals for the 2nd Circuit

Martino v. Metro North Commuter Railroad Co.

Engineer Did Not Prove Breach Of Duty Of Fair Representation

To prevail on a claim that a union breached its duty of fair representation, a union member must prove: (1) conduct that was arbitrary, discriminatory or in bad faith; and (2) a causal connection between the union's wrongful conduct and the union member's injuries.

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

United States Court of Appeals for the 2nd Circuit

Visels Drug Store Inc. v. Drug Enforcement Agency

Drug Store Allegedly Sought To Hire Convict As A Pharmacist

The Drug Enforcement Agency is not obligated to grant a request for a waiver, to permit a convict to obtain access to controlled substances in a pharmacy, even if a waiver would serve the public's interest.

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

Freedom of Information Commission

Aiello v. Board of Finance, Town of Morris

Meeting On Lincoln's Birthday, A State Holiday, Violated FOIA

A municipal board of finance violated the Freedom of Information Act by holding a regular meeting on Lincoln's birthday, a state holiday, as Connecticut General Statues §1-230 relevantly provides, "[i]f . . . any regular meeting falls on a holiday, such regular meeting shall be held on the next business day."

Practice Areas: Administrative Law

Freedom of Information Commission

Bachiochi v. Commissioner, State of Connecticut, Department of Correction

No Safety Risk Posed In Releasing Correction Officer's Leave Data

The release of numerical data describing a correction officer's leave accrual balances by vacation, sick time or time off, could not be used to determine attendance patterns to plan an attack and, therefore, reasonable grounds were lacking to believe that disclosure of the records might result in a safety risk under Connecticut General Statutes §1-210(b)(18)(G).

Practice Areas: Administrative Law

United States Court of Appeals for the 2nd Circuit

United States v. Cossette

Cop Alleged He Lacked Fair Notice That Excessive Force Violated Law

Due process provides a criminal defendant with the right to a fair warning of the legal consequences, pursuant to United States v. Desposito, a decision of the 2nd Circuit.

Practice Areas: Constitutional Law , Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Braddock

Finance Director Allegedly Tried To Hide Tobacco Company Donations

A sentencing enhancement for abuse of a position of trust can be appropriate, if a defendant abuses a position of trust "in a manner that significantly facilitate[s] the commission or concealment of the offense," pursuant to United States Sentencing Guideline §3B1.3.

Practice Areas: Criminal Law , Election and Political Law

Board of Mediation and Arbitration

City of Danbury and IAFF, Local 801

Firefighter Who Sought Dispatcher Work Did Not Prove Past Practice

A past practice may exist, if the union clearly and unequivocally proves that a past practice existed of appointing firefighters to work as dispatchers, whenever the firefighters expressed an interest in dispatcher work.

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 Hamden and UPSEU, Local 424, Unit I

Allegedly Plow Driver Would Not Commit To Operating Spare Truck

Supervisors are entitled to order an employee to return home, if the worker will not commit to performing a work assignment.

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

Board of Mediation and Arbitration

Town of Wethersfield and AFSCME, Council 4, Local 1303-40

Maintenance Worker Was Required To Help With Snow, Even If On Vacation

A municipality can suspend a worker whose work requires that he be available to help remove snow, even if he has scheduled vacation time on a snow day.

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

Freedom of Information Commission

Dickman v. Chief Information Officer, Information Technology, State of Connecticut, University of Connecticut Health Center

Given Large Scope Of Requests No Promptness Violation Was Found

Although the respondents had not yet begun to review records responsive to the complainant's request, given their relatively limited resources to comply with all Freedom of Information Act requests and the large scope of the complainant's several recent requests, the promptness provisions of the Freedom of Information At were not violated.

Practice Areas: Administrative Law

Freedom of Information Commission

Ostasiewski v. Commissioner, State of Connecticut, Department of Revenue Services

200-Day Delay In Providing Requested Emails Was Not Prompt

Compliance more than six months after a relatively simple request for recent emails was not prompt and violated the promptness provisions of Connecticut General Statutes §§1-210 and 1-212(a).

Practice Areas: Administrative Law

Connecticut Supreme Court

State v. Terwilliger

Prior General Verdict Did Not Support Double Jeopardy Claim

A general jury verdict that convicted the defendant of a single offense but was ambiguous as to the specific theory on which the jury relied in rendering its verdict was not preclusive where the court would have to speculate on the jury's intention in its double jeopardy analysis.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Johnson v. Commissioner of Correction

Use Of Wrong Docket On Some Records Was Circumstantial Error

The inadvertent use on some documents of an incorrect docket number from a file that was no longer active because the charges were nolled was nonprejudicial and constituted a circumstantial defect under Connecticut General Statutes §52-123.

Practice Areas: Criminal Law

Connecticut Appellate Court

Scandariato v. Borelli

Neurologist's Testimony Was Admitted Properly Under Porter

In the 1997 Supreme Court case of State v. Porter and its progeny, Connecticut's appellate courts emphasized the need for flexibility in determining the reliability of scientific evidence, urging trial courts to make assessments on a case-by-case basis.

Practice Areas: Evidence , Torts

United States District Court

Thomas v. Butkiewicus

Inmate Alleged Failure To Protect After He Changed Gang Affiliation

A prisoner who concedes that he has not been assaulted since 2012 may not be able to prove irreparable harm, as required to obtain injunctive relief and protection from alleged assaults.

Practice Areas: Civil Rights , Criminal Law

Connecticut Appellate Court

In Re: Mindy F.

Fair Termination Trial Despite Error In Permanency Plan Approval

Once termination proceedings and review of a permanency plan have been consolidated, the court should refrain from making any dispositional findings until the close of evidence.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Mindy F.

Parental Rights Ended Despite Efforts To Turn Life Around

As explained in the 2008 Appellate Court case of In Re: Emerald C., in determining whether to grant a petition to terminate parental rights pursuant to Connecticut General Statutes §17a-112(j)(3)(B)(i) and assessing a parent's rehabilitation, the critical issue is not whether the parent has improved [his] ability to manage [his] own life, but rather whether [he] has gained the ability to care for the particular needs of the child at issue."

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Navaeh W.

Best Interest Decision Lacking Statutory Findings Was Reversed

Although neither Connecticut General Statutes §17a-121(k), nor case law interpreting it, expressly requires the trial court to rely upon its mandatory findings as to any particular factor as the explicit basis for its ultimate decision whether to terminate parental rights, both the statute and controlling case law make clear that the trial court has a mandatory obligation to consider and make written findings as to all such factors in making that ultimate decision.

Practice Areas: Family Law

United States District Court

Bakhit v. Safety Marking Inc.

Plaintiff Requested Lawyer's Presence During Psych Exam

A court can restrict a psych exam to three hours and deny a request to permit a lawyer or legal assistant to accompany the plaintiff.

Practice Areas: Civil Procedure , Discovery

United States District Court

Hamer v. Darien Planning & Zoning Commission

Affordable Housing Developer Claims P&Z Chair Sought To Exclude Blacks

Evidence that the chair of a planning and zoning commission publicly referred to affordable housing as a "virus" can be sufficient to defeat a municipal motion for summary judgment in a civil-rights suit that alleges that the municipality attempted to exclude African Americans.

Practice Areas: Civil Rights , Land Use and Planning

United States District Court

Doe v. Madison Board of Education

Alleged Victim Of Assault Claimed Student-On-Student Harassment

A school board can be legally responsible under Title IX for student-on-student harassment that: (1) is so severe, pervasive and objectively offensive it effectively bars the victim's access to an educational opportunity or benefit; (2) if the board possesses actual knowledge of the harassment; and (3) if the board's response to the harassment indicates deliberate indifference.

Practice Areas: Education Law

Freedom of Information Commission

McDonnell v. Commissioner, State of Connecticut, Department of Emergency Management and Public Protection

Erasure Statute Did Not Cover All Records Of Homicide

Connecticut General Statutes §52-142a did not operate to erase the entire case file of a homicide investigation; such a contention was not in accordance with the language of the statute or court precedent.

Practice Areas: Administrative Law

Freedom of Information Commission

Peruta v. Bradford

Gun Dealer Email Addresses Were Ordered Disclosed With Redactions

No exemption or exception within the Freedom of Information Act permitted the email addresses of active firearm dealers in the state to be withheld, based on "privacy concerns."

Practice Areas: Administrative Law

Freedom of Information Commission

Treat-Perry v. Superintendent of Schools, East Haddam Public Schools

Surveys Used To Evaluate Teachers Were Found Exempt From Disclosure

Parent and student surveys used in the process to evaluate teachers constituted "records of teacher performance and evaluation," within the meaning of Connecticut General Statutes §10-151c and were not subject to the mandatory disclosure provisions in C.G.S. §1-210(a).

Practice Areas: Administrative Law

United States Court of Appeals for the 2nd Circuit

DeLollis v. Friedberg, Smith & Co.

Auditor Was Not Required To Audit Bernard Maddoff Investment Company

An auditor is not required to audit every company in which its audit client has invested.

Practice Areas: Torts , Business Torts

Office of the Attorney General

Letter to: Curry

'Economic Development Purposes' Met By Selling Land To Developer

A municipality that was given property from the state to use for "economic development purposes" can sell the property to a private developer.

Practice Areas: Administrative Law , Election and Political Law , Residential and Commercial Real Estate

Connecticut Appellate Court

Housing Dev. Fund, Inc. v. Burke Real Estate Management, LLC

To Approve Foreclosure Sale Unit Inspection Was Not Required

The foreclosure committee lacked the authority to force tenants to permit an inspection of the apartment units, and the trial court did not abuse its discretion in granting the committee's motion to approve the foreclosure sale despite the lack of such an inspection.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

State v. Fairchild

Motion To Correct Illegal Sentence Properly Was Reviewed And Denied

Even if the sentence imposed has begun, it may still be modified under the common law if it is invalid and its invalidity stems from its illegality or the fact that it was imposed in an illegal manner.

Practice Areas: Criminal Law

Connecticut Appellate Court

Wilson v. Maefair Health Care Ctrs.

Apportionment Was Inappropriate As 2nd Injury Worsened Condition

In the 2003 decision of Hatt v. Burlington Coat Factory, the Supreme Court construed Connecticut General Statutes §31-349 and held that apportionment is inappropriate in cases involving a separate and distinct second injury, and the insurer at the time of the second injury retains sole liability for the second injury, and nothing in §31-349 nor Hatt makes an exception for cases in which the first injury is much more serious than the second injury.

Practice Areas: Social Services Law , Workers’ Compensation

New Britain J.D., at New Britain

Axela New Britain Group LLC v. LHPB Realty LLC

Restrictive Covenant Expired After Caldors/WalMart Vacated Premises

A court can find that a restrictive covenant that applied to a discount department store for a minimum of 20 years expired, after the discount department store vacated the premises.

Practice Areas: Residential and Commercial Real Estate

New Britain J.D., at New Britain

Dix v. Dix

Wife Alleged Application Of 150-Day Rule Was Unconstitutional

The spousal election law, which requires that a spouse request a share of the estate within 150 days of the date that the court appoints the first fiduciary, is constitutional.

Practice Areas: Trusts and Estates , Constitutional Law

United States District Court

Great Lakes International Trading Inc. v. Travelers Property Casualty Co. of America

Policy's Flood Exclusion Barred Some Damages From Hurricane Sandy

A flood exclusion in an insurance policy can be enforceable, even if the flood exclusion appears toward the end of the policy, under the subhead "Earth Movement Sublimit & Deductible."

Practice Areas: Insurance Law , Policy Terms

Hartford J.D., at Hartford

State v. Stanley

18 Years For Stalking, Threatening, Violating Protective Order Affirmed

An individual who allegedly violates a protective order can be sentenced to one to five years in prison.

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Janssen v. Janssen

Husband Who Lost Job To Pay Wife Of 35 Years $1 Per Year

A court can find that a spouse who lost his job is not required to pay more than minimal alimony.

Practice Areas: Family Law

Middlesex J.D., at Middletown

Meraay v. Meraay

Wife Won Restraining Order And Sole Custody Of Youngest Child

A court can find it is in the best interests of the children to award one party sole custody, based on which party is the best custodian.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Mirjavadi v. Allstate Insurance Co.

Homeowner Sought Additional Payment For Hurricane Irene Damage

A clause in an insurance contract that requires that a policyholder file suit within 18 months of an event that leads to an insurance claim is enforceable.

Practice Areas: Insurance Law , Policy Terms , Contracts , Breach , Civil Procedure , Statute of Limitations

Stamford/Norwalk J.D., at Stamford

Irizarry v. Administrator, Unemployment Compensation Act

Worker Who Allegedly Lied To Employer Not Entitled To Benefits

An employee who allegedly lies to his employer may not be entitled to collect unemployment benefits.

Practice Areas: Social Services Law , Unemployment Compensation , Labor and Employment , Hiring/Firing

Waterbury J.D., at Waterbury

Malcolm v. Toucet

Plaintiff Who Was Rear-Ended By DOT Transit Bus Awarded $17,121

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to a plaintiff who allegedly was rear-ended.

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

Stamford/Norwalk J.D., at Stamford

Meleney-Distassio v. Weinstein

Father Alleged Emotional Distress From Wrongful Abortion

Connecticut recognizes a derivative claim for a father's emotional distress from a wrongful abortion.

Practice Areas: Torts , Emotional Distress , Health Law , Medical Malpractice

Board of Mediation and Arbitration

Town of New Canaan and AFSCME, Council 15, Local 1575

Cop Complained He Was Unable To Pass Test With Wet Ammunition

A municipality possesses just cause to place a police officer who fails to pass his firearms test on administrative duty until he takes a remedial firearms test and passes.

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

Department of Energy and Environmental Protection

In the Matter of: Harvey

Homeowner Requested Dock That Is 20 Feet Longer Than Guidelines

The Department of Energy and Environmental Protection can approve a dock structure that is 20 feet longer than department guidelines, if the applicant's wave study supports the longer dock, which provides more stability.

Practice Areas: Administrative Law , Environmental Law , Residential and Commercial Real Estate

United States Court of Appeals for the 2nd Circuit

Driessen v. Natwest Bank PLC

Pro Se Alleged Banks Failed To Transfer Lottery Winnings

The Electronic Funds Transfer Act, 15 United States Code §1693, establishes the responsibilities of all participants in electronic funds transfer activities.

Practice Areas: Banking and Financial Institutions

United States Court of Appeals for the 2nd Circuit

Weber v. Tada

Parent Companies Won Judgment On Tortious Interference Counts

Absent an improper motive, parent companies possesses a significant unity of interest with a subsidiary and may not be legally responsible for tortious inference with a subsidiary's contract with an employee.

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

Department of Energy and Environmental Protection

In the Matter of: Simeone

1st Impression On Validity Of $325K Lien For Remediation And Clean Up

A hearing officer for the Department of Energy and Environmental Protection possesses the discretion to consider whether the commissioner is entitled to place a lien on owners' property, prior to seeking reimbursement for clean-up costs from the Underground Tank Storage fund. The Department of Energy and Environmental Protection alleged the following facts.

Practice Areas: Administrative Law , Environmental Law , Residential and Commercial Real Estate

Connecticut Supreme Court

Mills v. Commissioner of Transportation

Certification Was Improvidently Granted On Statutory Notice Issue

Certification to appeal was found improvidently granted in this highway defect action on the issue of whether the Appellate Court properly concluded that the notice sent pursuant to Connecticut General Statutes §13a-144 to the Commissioner of Transportation was inadequate and required a reversal of the trial court's denial of the commissioner's motion to dismiss.

Practice Areas: Appellate Law - Civil