A collective bargaining contract that permits a municipality to obtain "proof of illness" in the form of a doctor's certificate, when a worker is absent more than three consecutive working days, may not necessarily require that the employer receive "proof of illness" before the worker returns to work.
The 2008 Supreme Court explained in Bingham v. Department of Public Works, "[t]he expansive right to petition for a declaratory ruling under [Connecticut General Statutes] §4-176 does not confer an automatic right to appeal under [C.G.S.] §4-183."
While strictly and narrowly speaking, because the defendant in this foreclosure action was not a party to the committee's motion for fees and expenses, neither the filing of the motion nor the court's ruling on the motion constituted in itself a "continuation . . . of a judicial action or proceeding against the debtor," violating the automatic stay provision in bankruptcy proceedings, 11 U.S.C. §362(a); however, courts have extended the application of automatic stay to nondebtors in "unusual circumstances" where doing so would further the purpose behind the stay.
The habeas petitioner was not denied his right to the effective assistance of counsel by a constitutionally impermissible risk that the jury would impute to him the alleged improprieties of his attorney, when his attorney was prosecuted, but acquitted, of a nonviolent and dissimilar crime in the same judicial district as the petitioner.
Where the case against the habeas petitioner rested largely on the minor victim's credibility and the jury credited her testimony despite defense counsel's emphasizing inconsistencies in her story, the petitioner failed to demonstrate with reasonable probability that the testimony of a defense psychological expert or a more forceful and comprehensive cross-examination of the state's experts would have resulted in a different outcome to support his ineffective assistance of counsel claim.
As explained in the 2014 Appellate Court case of Gordon v. Gordon, where the court, when required, "fails to file an oral or written decision, the appellant, who has the duty to provide an adequate record for appellate review… must file a notice to that effect with the appellate clerk in accordance with Practice Book §64-1(b)."
The 2005 Appellate Court in Calabrese v. Commissioner of Correction, explained that the prejudice prong of the test from the 1984 U.S. Supreme Court's decision in Strickland v. Washington, requires a habeas petitioner to establish, " a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."
Connecticut General Statutes §52-557n(a) categorically establishes that no claim alleging personal or property damage by means of a defective sidewalk may be brought against a municipality except pursuant to C.G.S. §13a-149 and sidewalks can be considered defective for the purposes of C.G.S. §13a-149 by reason of snow and ice.
In Gambardella v. Kaoud, the 1995 Appellate Court concluded that summary judgment was inappropriate because the defendants failed to adduce evidence to establish the absence of a factual dispute when their affidavits denied allegations of negligence, but, critically, did not challenge the factual basis of those allegations; however, Gambardella's holding does not stretch so far as to discount, wholesale, personal affidavits that assert admissible facts made on personal knowledge, in opposition to a plaintiff's allegations.
Because the court afforded the defendant the opportunity to reconsider his guilty plea after being adequately warned of its possible immigration consequences, the court substantially complied with the requirements of Connecticut General Statutes §54-lj.
Where the defendant indicated he understood the elements of the offense to which he was pleading guilty and applicable penalties and had no questions, and the record was devoid of any indication that the defendant was not informed of the nature of the charge against him, the court properly could rely on the presumption that he was informed by his attorney of the charge and the elements of the charge.
When presented with an allegation of jury misconduct in a criminal case, the trial court, under the 1995 Supreme Court case of State v. Brown, "must conduct a preliminary inquiry, on the record … regardless of whether an inquiry is requested by counsel."
The parents of an adult child are not legally responsible for the conduct of that child, in the absence of any custodial or other, special relationship that may exist when an adult child has a special need for care or supervision.
Police are immune from civil liability, if their conduct when they arrested an individual who openly carried a gun into a pool hall did not violate clearly established statutory or constitutional rights.
The District Court's denial of a motion to depart downward under United States Sentencing Guideline §4A1.3(b) is not appealable, absent evidence that the District Court mistakenly believed it lacked authority to depart downward.
A police chief's decision that the police officer with most seniority should be in charge, when more than one officer of the same rank respond to an emergency, may not constitute a mandatory subject of collective bargaining.
A municipality can suspend a worker who allegedly refuses to meet with a supervisor to discuss a customer's complaint, because he believes that the customer's complaint is "trivial," he is extremely busy and he does not trust the supervisor.
Certification was found improvidently granted, including for the issue of whether the futility exception to the doctrine of exhaustion of administrative remedies applied when the plaintiff alleged that Public Act 11-6, §84(g)(3), amending C.G.S. §12-391(g) and lowering the estate tax threshold, should not be applied retroactively because it violated C.G.S. §55-3. Susan Coyle, executrix of the estate of Vermont Blakeman, brought an action against the Commissioner of Revenue Services, seeking a declaratory judgment stating that the retroactive application of P.A. 11-6, §84 and §85 to her decedent's estate violated C.G.S. §5-3, the fifth and 14th amendments to the federal constitution and article first, §11 of the state constitution.
The continuing course of conduct doctrine did not toll the statute of limitations on a claim of aiding and abetting a principal, an attorney, accused of breach of fiduciary duty when the alleged aider and abettor had no special relationship with the injured party and no continuing wrongful behavior and, even if attributable, the principal had no continuing wrongful conduct to impute.
With no specific evidence as to a subsequent decrease in the value of property by virtue of its being zoned in the Residential Development District, a zoning board could not have determined properly that the effect of the zoning regulation was confiscatory.
The doctrine of governmental immunity shielded a municipal animal control officer from personal liability for allegedly having failed to enforce a restraining order issued pursuant to Connecticut General Statutes §22-358(c).
A court may order a diocesan corporation to disclose documents that are not protected by the priest-penitentiary or attorney-client privileges and to redact the names of victims, to protect the victims.
To allege a Monell claim against a municipal defendant, a plaintiff must allege that an official policy or custom exists and that a direct causal link exists between that policy or custom and the alleged deprivation of constitutional rights.
When ruling on a motion to engage in destructive tests, courts in other jurisdiction have considered whether: 1.) the test is reasonable, necessary and relevant to prove the movant's case; 2.) the nonmovant's ability to present evidence will be hindered; 3.) less prejudicial methods exist to obtain the same evidence; and 4.) adequate safeguards exist to minimize prejudice to the nonmovant.
Connecticut General Statutes §§34-100 to 34-242 discusses the requirements that exist for withdrawing from a limited liability company, and a part-owner who does not comply with statutory requirements may not be successful in revoking a guarantee.
The right of visitation belongs to the child, pursuant to Connecticut General Statutes §17a-10a, and the Department of Children and Families possesses the burden to prove, by a fair preponderance of the evidence, that visitation is not in the child's best interests.
A collective bargaining contract may not govern the appointment of a municipal assessor, which requires a vote from two-thirds of a town legislative body, pursuant to Connecticut General Statutes §9-198.
A court can vacate a decision of the Board of Mediation and Arbitration, if the board reaches a decision based on fairness and progressive discipline, and the issue was whether a municipal employer violated an express term in a collective bargaining contract.
To obtain a variance, an owner must prove that adherence to the strict letter of the zoning regulations would cause unusual hardship, and the fact that an owner would like a larger addition may not qualify.
When ruling on a motion to disqualify, the court may consider: 1.) the defendant's interest in protecting confidential information; 2.) the plaintiff's interest in selecting counsel of choice; and 3.) the public's interest in the scrupulous administration of justice.
To prevail on a claim of reckless service of alcohol, a plaintiff must establish: 1.) the customer was intoxicated; 2.) the intoxicated state was readily apparent to anyone in contact with the customer; and 3.) the defendant continued to serve alcohol to the customer, who was obviously intoxicated.
Although student loans are presumptively nondischargeable in bankruptcy, pursuant to Easterling v. Collecto Inc., a 2012 decision of the 2nd Circuit, an exception exists in the event of undue hardship.
If the plaintiffs' initial request for records under the Freedom of Information Act was overly burdensome and the plaintiffs narrow the request during litigation, a court may not be required to consider the narrowed request.
An I-130 petition must be denied, if substantial and probative evidence exists that the beneficiary previously has been the subject of a petition for immediate relative status based on a fraudulent marriage.
Evidence that the plaintiff observed the defendants mowing the lawn at property the defendants own in West Haven may be insufficient to establish the West Haven property is the defendants' "usual place of abode" for purposes of service of process.
A medical-malpractice plaintiff may not dispense with a legal requirement that the plaintiff obtain a written opinion from a similar health care provider on the basis that the cost of compliance is substantial.
Once the town council approved an employee's salary recommended by the mayor and the salary was incorporated into an employment contract, the only change the council could make to the salary under the contract was to increase it pursuant to the mayor's recommendation.
A court can deny a motion for sanctions that alleges that an individual reported one thing the night of the incident and the opposite in a later affidavit, if confusing medical terminology caused the plaintiff to misconstrue the medical report.
If the situs of injury is Interstate 95 in Maryland, a plaintiff may not be able to meet the requirement that tortious conduct take place "within the state," for purposes of the long-arm statute, Connecticut General Statutes §52-59b(a).
To prove a prima facie case under Section 504 of the Rehabilitation Act, a plaintiff must establish: 1.) she is a qualified individual with a disability; 2.) Section 504 applies to the defendant; and 3.) the plaintiff was denied the opportunity to participate in, or benefit from, the defendant's services, programs and activities, because of her disability.
Buyers who sign a purchase-and-sales agreement and seek to withdraw from the contract on the basis of the mortgage contingency clause can breach the contract, if the buyers only apply to a single lender for a type of loan that is not generally available.
Ski area operators such as Ski Sundown may be immune from liability in a skier-skier accident, unless the sole proximate cause of the skiers' injuries was a negligent act of the ski area operator. On Jan. 6, 2013, the defendant, Patrick Fontaine, went to Ski Sundown with the Weston High School ski team.
Allegations that supervisors remarked that an African-American worker who requested a special assignment "did not fit in" can raise a genuine issue of material fact whether reasons for selecting the other candidates constituted a pretext for discrimination on the basis of race. Detective Frederick Abrams, an African-American male, requested to work in a major crimes "van" unit.
Arbitrators can find that a municipality has just cause to issue a written reprimand to a police officer who allegedly fails to follow the chief of police's order to produce a written note that explains his medical diagnosis and is signed by a physician.
The Central Regional Tourism District, Inc. is not the legal successor to the Greater Hartford Tourism District, Inc. In 2003, Connecticut's legislature repealed statutory provisions that established 11 districts statewide to promote tourism and enacted legislation establishing five larger districts.
The definition of "abused" in Connecticut General Statutes §46b-120(3), read in light of the Department of Children and Families' policy manual, related statutes and Connecticut case law, provided sufficient specificity so as to give an elementary school teacher adequate notice that his conduct, frequently calling a child derogatory names and pinching his cheeks, might lead to the teacher's name being placed on the Department of Children and Families' central registry of child abuse and neglect.
It could not be concluded that the defendant homeowner knew or should have known of the necessity to exercise control over workers on her property to avoid the risk that an inebriated employee would injure a third party in a motor vehicle accident on the way home from her property, when the undisputed facts demonstrated that the defendant neither facilitated nor condoned the consumption of alcohol by her employees, but instead expressly instructed a supervisor to prohibit the consumption of alcohol on her property and was away on the day of the accident.
Under FIRREA, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. §1821(d), the plaintiff was required to exhaust its administrative remedies before bringing this action challenging a mortgage provision added by a bank that later failed, against the bank which acquired certain of the failed bank's assets and liabilities, including the plaintiff's mortgage.
Because the defendant's motion to open raised a jurisdictional claim, the trial court erred in analyzing it solely under Connecticut General Statutes §52-212(a) and Practice Book §17-43(a). Weinstein & Wisser, P.C. brought this breach of contract action against Frederick Cornelius, alleging a failure to pay for legal representation.
Consistent with the general rule that Connecticut courts will punish only offenses committed within the territory of Connecticut, the state must prove that the killing charged in the information occurred within the territorial borders of Connecticut.
As explained in the 2014 Connecticut Appellate Court decision in Customers Bank v. Boxer, "[a] finding of fact is clearly erroneous when there is no evidence in the record to support it or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed."
When ruling on attorney fees, courts may consider the character of the representation, the contingency fee contract, results achieved, unreasonable attorney delays intended to increase attorney fees and the actual amount of time spent.
To allege an equal protection "class of one claim," based on denial of re-admission to a family visitation program, an inmate must prove that other inmates were removed from the program and were denied readmission, because they had no children under age 18.
Earlier litigation that resolved claims for some unpaid student loans may bar Social Security deductions based on other unpaid student loans, if all the student loans were identified and discussed in the earlier litigation.
An individual who allegedly commits a carjacking and takes the victim's pocketbook and debit card can be sentenced to 23 years in prison. On Jan. 27, 2012, the petitioner, Rickey Smith, allegedly followed an elderly woman to her car in the parking lot at a Stop & Shop and, when she opened the door, he forcibly pulled her out and drove away in her car.
In an assault-and-battery case, a court can award economic damages for medical expenses and non-economic damages for emotional distress and permanent scars. On Feb. 21, 2009, Loretta Cooper's cousin requested that she visit him.
Regulations of Connecticut State Agencies §38a-334-6 and public policy permit an insurance carrier to reduce underinsured-motorist coverage by the entire amount paid to a plaintiff for bodily injury, motor-vehicle lease costs and property damage.
If a planning and zoning commission denies a request to subdivide property, because the applicant did not dedicate land for open space or request a waiver, and the issue of open space was not discussed during the public hearing, a court may remand, to permit the applicant to be heard on the issue of open space.