A worker who receives an opportunity to clear her name publicly may not possess a stigma-plus claim.
At a hearing in damages against a defendant who has not appeared, a plaintiff is in control of the evidence to be introduced and may not be entitled to seal the courtroom, even if the plaintiff alleges sexual assault.
To prevail on a claim pursuant to 42 United States Code §1983, a plaintiff must establish he was deprived of a constitutionally or federally protected right by an individual acting under color of state law.
Allegations that a defendant falsely represented that a dormitory room was inspected and was safe for use by a college student, to induce the college student to return to the dormitory room, may be sufficient to allege misrepresentation in connection with the defendant's trade or practice.
Practice Areas: Consumer Protection
Attorneys who market themselves by writing Internet blogs and who practice in different states may not possess a "competitive" business relationship, for purposes of an unfair trade practices claim.
An apportionment complaint cannot be filed against an unidentified individual, and the liability of an unidentified driver of a third-party motor vehicle cannot be apportioned to the uninsured motorist carrier for the first-party plaintiff's motor vehicle, if neither the unidentified driver nor the insurance company were served in the underlying action.
A therapist may be required to produce the psychotherapy records of sessions with a decedent, if presented with a proper authorization that complies with the requirements of HIPAA, the Health Information Portability and Accountability Act.
A court may enforce an insurance exclusion that applies to individuals who are operating their own motor vehicle for which they possess insurance coverage.
Plaintiffs who allege open and continuous of property and who do not allege that their use was exclusive and hostile may not possess a valid cause of action for adverse possession.
Practice Areas: Residential and Commercial Real Estate
The treasurer of a political town committee may remain treasurer, even if the treasurer provides written notice of resignation to the town committee chair, unless the treasurer also provides written notice to the State Elections Enforcement Commission.
Connecticut Code of Evidence §8-6(4) embodies an exception to the hearsay rule for statements against penal interest and applies where a hearsay statement made by an unavailable declarant was "trustworthy…[and] at the time of its making, so far tended to subject the declarant to criminal liability…."
For a termination of parental rights petition, the law does not require a continuation of reasonable efforts to reunify the parent and child on the part of the Department of Children and Families when such efforts will be futile.
Practice Areas: Family Law
A cause of action for indemnification is inconsistent with, and thus vitiated by, allegations of acts or omissions that necessarily invoke the municipal highway defect statute, Connecticut General Statutes §13a-149.
Because a police video of a vehicle pursuit did not conclusively establish the facts and undisputedly indicate that the defendant was not accelerating or lacked the intent to elude the pursuing officer, it did not have preclusive effect over the testimony of witnesses.
A District Court can dismiss a counterclaim that lacks a common nucleus of fact with the allegations in the plaintiffs' complaint.
Federal Rule of Civil Procedure 9(b) requires that a party who alleges fraud in connection with a short-sale foreclosure "must state with particularity the circumstances constituting fraud or mistake."
A court can preclude a report written by a human resources expert, if the prejudicial effect of the evidence is greater than the probative value.
Connecticut General Statutes §4-183(c) does not permit service of an administrative appeal via fax, even if the administrative agency receives actual notice.
A court may not be persuaded that a plaintiff suffered a permanent partial disability, if the plaintiff did not visit a chiropractor until one year after a motor-vehicle accident, and the plaintiff had previous injuries.
Failure to comply strictly with notice requirements may be insufficient to make referendum results invalid, absent evidence of actual prejudice.
Practice Areas: Election and Political Law
A District Court can grant conditional certification in a putative collection action under the Fair Labor Standards Act, if the name plaintiffs make a modest factual showing that they are similarly situated to potential opt-in plaintiffs with respect to job requirements and pay, pursuant to Myers v. Hertz Corp, a 2010 decision of the 2nd Circuit.
Absent facts that would lead to a reasonable conclusion that a plaintiff's emotional distress was severe, a plaintiff's allegation that he suffered emotional distress may be insufficient to allege a claim for intentional infliction of emotional distress, which requires proof of severe emotional distress.
An isolated and not overly prejudicial observation from defense counsel to which the court immediately responds, that was "not fair game," and issues a curative instruction may not qualify as grounds to set aside the verdict.
Although Connecticut General Statutes §46a-64(a)(3) is intended to remove social and legal obstacles to women who want to breastfeed, a female visitor may not be allowed to breastfeed at a correctional center, because correctional centers do not qualify as places of "public accommodation," resort or amusement.
It is well-settled that a finding of total disability in another adjudicative forum is not generally dispositive of a total disability claim presented to the Workers' Compensation Commission.
In general, Connecticut General Statutes §9-369b(a) prohibits expenditures of state or municipal funds to influence any person to vote to approve or to disapprove a referendum.
A procedural rule, to be classified as watershed, and therefore apply retroactively, must both improve the accuracy of a trial and ensure the fundamental fairness of criminal proceedings.
The touchstone for determining whether the movement or confinement at issue constituted kidnapping is not its extensiveness, but, as explained in the 2008 Connecticut Supreme Court decision in State v. Salamon, "whether it was accomplished with the requisite intent, that is, to prevent the victim's liberation."
A duty of care is a prerequisite to a finding of negligence. John Roe #1 brought this action against Boy Scouts of America Corporation and Connecticut Rivers Council, Inc., alleging against each defendant, corporate negligence, breach of duty on the basis of a fiduciary or confidential relationship and breach of special duty of care owed to children.
Practice Areas: Torts
The administrator of the Unemployment Compensation Act, or any reviewing administrative authority, in making a finding of willful misconduct, must expressly make findings as to all of the elements listed in the relevant regulation, including a recitation of the facts that are the basis of those findings.
To qualify for Citizens' Election Program funds, a candidate may be required to collect qualifying contributions from 150 individuals who live in the candidate's district.
The board of a condo association owes a duty of care and loyalty to the condo association and not to an individual owner.
An unpaid volunteer who works for an ambulance company may not qualify as an "employee" for purposes of the Connecticut Fair Employment Practices Act, Connecticut General Statutes §46a-60.
A state employee who allegedly uses a state computer, equipment and supplies to defray the costs of municipal candidates and a political town committee can violate Connecticut General Statutes §9-622.
An individual who fraudulently votes more than once at the same election can be fined $300 to $500, disenfranchised and incarcerated for one year, pursuant to Connecticut General Statutes §9-360.
A patient may not be required to provide a written opinion from a similar healthcare provider, if the patient alleges that an unlicensed individual operated on the patient without the patient's permission.
A board of education possesses just cause to discharge a worker who allegedly expresses suicidal feelings to co-workers and jokes to a hospital worker that if he were going to commit suicide, he would "take the whole school down with me."
At trial, a lawyer may not allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence; assert personal knowledge, except when testifying as a witness; or state a personal opinion about the justness of a cause, the credibility of a witness, the culpability of a litigant, or the guilt or innocence of an accused.
An attorney who allegedly does not file a motion to withdraw a client's divorce action, after his divorce client reconciles with her husband, may not be diligent, in violation of Rule 1.3 of the Rules of Professional Conduct.
The trial court's determination that the defendant failed to establish good cause to set aside a default pursuant to Practice Book §17-42 was not an abuse of discretion, considering the totality of the circumstances, where defendant's counsel exhibited a pattern of disregard for the court's orders and procedures.
A plaintiff is generally empowered, though not without limitation, to withdraw a complaint before commencement of a hearing on the merits; but, a plaintiff is not entitled to withdraw a complaint without consequence at such hearing.
Practice Areas: Criminal Law
Allegations that a defendant created an interactive Web site may be sufficient to allege minimum contacts with Connecticut.
Allegations that corrections officers punched and kicked an inmate, and sprayed the inmate with mace, in retaliation, after the inmate wrote to the commissioner of the Connecticut Department of Correction can be sufficient to allege retaliation, in violation of the First Amendment.
Any insider in possession of material inside information must either disclose to the public or abstain from trading in or recommending the securities, even if the stock has been deregistered by the Securities Exchange Commission.
Where the trial court's decision is silent as to the exact basis for finding a substantial change in circumstances, the Appellate Court necessarily must presume that the trial court acted correctly and uphold the findings absent a showing by the appealing party that the finding is clearly erroneous.
Practice Areas: Family Law
Connecticut's long-arm statute can provide jurisdiction if a foreign company repeatedly solicits business in Connecticut or engages in tortious conduct in Connecticut.
A worker who is denied long-term disability benefits may not be entitled to discovery outside the administrative record, absent proof of a reasonable chance that discovery will lead to information that will enable the worker to make a "good cause" showing.
Individual members of a bargaining unit lack standing to enforce the provisions of a collective bargaining contract, unless the union breaches its duty of fair representation.
A history of engaging in criminal activity while on supervised release can merit a concern that a defendant will fail to abide by bail conditions and will pose a threat to the community, even if the defendant offers a surety bond secured by a relative's residence and electronic monitoring.
Practice Areas: Criminal Law
An individual who serves as a "manager or supervisor" of a fraudulent scheme may qualify for a sentencing enhancement, pursuant to §3B1.1(b) of the United States Sentencing Guidelines.
A party may not be sanctioned unless there is a factual predicate that supports the imposition of sanctions and in cases where there are complex issues of causation, the Compensation Review Board generally has indicated that the record did not support the imposition of sanctions.
An employer's filing a form 43, disclaiming liability, does not create an automatic exception to an employee's need to file a notice of claim under Connecticut General Statutes §31-294c.
Connecticut General Statutes §31-275(1)(A)(i) makes injuries sustained by a police officer or firefighter traveling between his abode and place of employment compensable under Chapter 568 and is silent as to the mode of transportation.
The Statewide Grievance Committee can reprimand an attorney who allegedly fails to file an answer to a grievance complaint, even if no proof of an attorney-client relationship exists between the attorney and the complainant.
When ruling whether a "qualifying marriage" was entered into in good faith, an immigration judge may consider whether the parties remained together a long time, combined their assets and had children together.
Practice Areas: Immigration Law
Arbitrators can find that an "unequivocal, clearly enunciated" past practice exists of requiring retirees to pay 25 percent of the costs of health insurance when they are 65 years old.
Practice Areas: Administrative Law , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Labor Law , Collective Bargaining Agreements , Employee Benefits , Pensions and Other Retirement Benefits
A firm can serve as a subcontractor in the construction phase of a state project, even though it previously served as a consultant in the design phase of the same project, provided it works for two differed contractors and does not work directly for a state agency.
The Department of Correction's decision to withhold, as a matter of policy, a cassette recording of police dispatch calls without listening to the tape, because it did not believe that it should devote the time necessary to review the recording, was inconsistent with the requirements of the Freedom of Information Act. Inmate Jose Cosme appealed to the Freedom of Information Commission alleging that the Hartford Police Department and its chief violated the Freedom of Information Act by failing to provide him with requested records concerning his convictions.
Practice Areas: Administrative Law
The Commissioner of the Department of Emergency Services and Public Protection's determination that the release of certain requested municipal weapons records posed a safety risk was not shown to be inconsistent with the legislative intent of Public Acts 13-3 and 13-220, requiring registration of firearms purchased by citizens.
Practice Areas: Administrative Law
As stated in the 1994 Connecticut Supreme Court case of Ullmann v. State, the attorney-client privilege protects disclosures "necessary to obtain informed legal advice…." Lawrence DePillo appealed to the Freedom of Information Commission alleging that Waterbury and Waterbury's Office of the Corporation Counsel violated the Freedom of Information Act by failing to disclose requested records concerning property known as the Waterbury Bird Sanctuary, gifted to the city by the Goss family.
Practice Areas: Administrative Law
As explained in the 1912 Supreme Court case of Jacobs v. Williams, "where the corporation appears as the primary signer, the almost universally accepted and reasonable rule of construction is that where the signature is that of the corporation, and the name or names of one or more of its officers in their official capacity are appended as subscribing agents … the corporation will be regarded as the signer and obligor, and the individuals will not be obligated," unless, "other language or the general tenor of the writing indicates a contrary intent."
There was no legally significant difference between the court's finding that the acquittee would be "at great risk to mentally relapse" if he were discharged and the phrase in Connecticut General Statutes §17a-580(7), that, if discharged, his mental illness "may, with reasonable medical probability, become active."
Practice Areas: Criminal Law
Allegations that a worker expressed opposition to an allegedly discriminatory work policy, and that the worker's employer, which was aware of the employee's opposition, discharged the employee 21 days afterward, may be sufficient to establish prima facie retaliation.
An executive vice president who possesses the ultimate authority and control to set the hours of employment and pay wages can be held responsible for a failure to pay vacation benefits.
Absent allegations of wanton, reckless or malicious conduct, a public defender may be entitled to immunity from a former client's legal-malpractice complaint, pursuant to Connecticut General Statutes §4-165.
Legislation that restricts ownership of certain types of firearms may not violate the 2nd Amendment right to bear arms, if the legislation is substantially related to the important governmental interest of public safety and crime control.
Practice Areas: Constitutional Law