Most Viewed Decisions

Board of Mediation and Arbitration

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

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.

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

Connecticut Supreme Court

Connecticut Independent Utility Workers, Local 12924 v. Department of Public Utility Control

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."

Practice Areas: Administrative Law , Civil Procedure , Standing

Connecticut Appellate Court

Equity One, Inc. v. Shivers

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.

Practice Areas: Creditors’ and Debtors’ Rights , Bankruptcy

Connecticut Supreme Court

Rodriguez v. Commissioner of Correction

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.

Practice Areas: Criminal Law , Legal Profession

Connecticut Appellate Court

Barlow v. Commissioner of Correction

A crucial component of counsel's effective representation during plea negotiations is giving professional advice to a defendant.

Practice Areas: Criminal Law , Legal Profession

Connecticut Appellate Court

Minor v. Commissioner of Correction

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.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Murcia v. Geyer

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)."

Practice Areas: Appellate Law - Civil , Landlord/Tenant Law

Connecticut Appellate Court

Rodriguez v. Commissioner of Correction

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."

Practice Areas: Criminal Law

Connecticut Appellate Court

Escourse v. 100 Taylor Avenue, LLC

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.

Practice Areas: Torts , Liability , Immunity

Connecticut Appellate Court

Escourse v. 100 Taylor Avenue, LLC

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.

Practice Areas: Torts

U.S. District Court

Democratic Governors Association v. Brandi

An association of governors is unlikely to prevail on the merits of its claim that Connecticut General Statutes §9-601b(a)(2) is unconstitutional, because it is overly broad.

Practice Areas: Election and Political Law , Constitutional Law

Connecticut Appellate Court

State v. Anthony D., Sr.

The defendant always has the burden to show a plausible reason for the withdrawal of a guilty plea and must allege and provide facts that warrant the court's consideration of his motion.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Budziszewski

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.

Practice Areas: Criminal Law , Immigration Law

Connecticut Appellate Court

State v. Dzwonkowski

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.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

State v. James H.

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."

Practice Areas: Criminal Law , Evidence , Constitutional Law

New London J.D., at New London

Cote v. Gay

Connecticut recognizes a special defense that a passenger encouraged, facilitated or participated in a driver's intoxication.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Ansonia/Milford J.D., at Derby

Sheppard v. Sisbarro

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.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Waterbury J.D., at Waterbury

Stallings v. Administrator, Unemployment Compensation Act

Falling asleep at work may not always qualify as "deliberate misconduct in wilful disregard of the employer's interest," for purposes of unemployment compensation benefits.

Practice Areas: Social Services Law , Unemployment Compensation

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

Burgess v. Town of Wallingford

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.

Practice Areas: Civil Rights , Constitutional Law

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

Morales v. Weiss

Allegations that police officers tasered and kicked an unarmed individual may be sufficient to allege excessive use of force.

Practice Areas: Civil Rights , Constitutional Law

United States Court of Appeals for the 2nd Circuit

United States v. Easterling

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.

Practice Areas: Criminal Law

Board of Labor Relations

Town of Newtown and Newtown Police Union, Local 3153, Council 15, AFSCME, AFL-CIO

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.

Practice Areas: Administrative Law , Labor and Employment , Labor Law , Collective Bargaining Agreements , Unfair Practices

Board of Mediation and Arbitration

City of Stamford and AFSCME, Council 4, Local 2657

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.

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

Connecticut Supreme Court

Coyle v. Commissioner of Revenue Services

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.

Practice Areas: Appellate Law - Civil , Taxation , Administrative Law

Connecticut Supreme Court

Flannery v. Singer Asset Finance Company, LLC

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.

Practice Areas: Civil Procedure , Statute of Limitations , Legal Profession

Connecticut Appellate Court

Kidder v. Read

Because the parties openly disputed the combination of payment amount and payment plan, a settlement agreement was not reached.

Practice Areas: Civil Procedure , Settlement , Statute of Limitations

Connecticut Appellate Court

Caruso v. Zoning Board of Appeals of the City of Meriden

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.

Practice Areas: Land Use and Planning

Connecticut Appellate Court

Thivierge v. Witham

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).

Practice Areas: Torts , Liability , Immunity

U.S. District Court

Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Casualty Co.

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.

Practice Areas: Civil Procedure , Discovery , Evidence , Privileges , Insurance Law

U.S. District Court

Victory Outreach Ministries Inc. v. Rockville Bank

A layperson may not bring a class-action suit, on behalf of himself, family members and a church.

Practice Areas: Banking and Financial Institutions , Civil Procedure , Class Actions , Standing

U.S. District Court

Marchand v. Simonson

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.

Practice Areas: Civil Rights , Constitutional Law

U.S. District Court

Ramos v. Lajoie

It may constitute excessive use of force, if a police dog bites an inmate who has fully complied with a police officer's orders.

Practice Areas: Civil Rights , Constitutional Law , Criminal Law

New Haven J.D., New Haven

Delprete v. Senibaldi

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.

Practice Areas: Civil Procedure , Discovery , Evidence , Spoliation , Torts , Personal Injury , Motor Vehicles

Fairfield J.D., at Bridgeport

Community Capital Fund Inc. v. Howler Brands LLC

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.

Practice Areas: Creditors’ and Debtors’ Rights , Business Entities , LLCs and LLPS

Hartford J.D., at Hartford

Dur-A-Flex Inc. v. Dy

Absent a promise of continued employment, continued employment alone may not qualify as consideration for a non-compete agreement.

Practice Areas: Labor and Employment , Employment Contracts , Contracts , Breach

Hartford J.D., at Hartford (Juvenile Matters)

In Re: Yennessie

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.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D.

Town of Chester v. AFSCME, Council 4, Local 1303-286; AFSCME, Council 4, Local 1303-286 v. Town of Chester

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.

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

Stamford/Norwalk J.D., at Stamford

Town of Greenwich v. Greenwich Municipal Employees Association

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.

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

Ansonia/Milford J.D., at Milford

64 Riverside LLC v. City of Milford, Planning and Zoning Board

A court can overturn a decision of a planning and zoning board, if evidence in the record fails to support the reason provided for the P&Z's denial of a special permit.

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

Fairfield J.D., at Bridgeport

Redington v. Zoning Board of Appeals, Town of Fairfield

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.

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

New Britain J.D., at New Britain

Northeast Double Disc Grind LLC v. Pietrowicz

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.

Practice Areas: Legal Profession

Ansonia/Milford J.D., at Derby

Estate of LaFlamme v. Phaneuf

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.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Fairfield J.D., at Bridgeport

Kudravy v. Kudravy

A brother, in his individual capacity, may not possess standing to allege breach of fiduciary duty by his sister, who was an attorney-in-fact.

Practice Areas: Trusts and Estates

Waterbury J.D., at Waterbury

Rodriguez v. Clark

Workers' compensation exclusivity can bar a police officer's claim that another police officer's K-9 dog jumped out an open window in the police cruiser and bit the plaintiff officer.

Practice Areas: Social Services Law , Workers’ Compensation

United States Court of Appeals for the 2nd Circuit

In Re: Desormes

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.

Practice Areas: Bankruptcy , Banking and Financial Institutions , Creditors’ and Debtors’ Rights

United States Court of Appeals for the 2nd Circuit

Service Women's Action Network v. Department of Defense

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.

Practice Areas: Election and Political Law

United States Court of Appeals for the 2nd Circuit

Bourisquot v. Holder

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.

Practice Areas: Immigration Law

U.S. District Court

Jerolmon v. Astrue

Time records that an attorney or the attorney's employees enter contemporaneously into a Google calendar can meet the requirement that time records be "contemporaneous."

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

U.S. Bankruptcy Court

In Re: 3333 Main, LLC

The "deemed filed" language of 11 U.S.C. §1111(a) does not eliminate the objection mechanism in the claims allowance process.

Practice Areas: Bankruptcy

New Haven J.D., at New Haven

Carmona v. Lara

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.

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

New Haven J.D., at New Haven

Barrett v. Hospital of Saint Raphael

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.

Practice Areas: Medical Malpractice , Health Law

Connecticut Appellate Court

Stratford v. Winterbottom

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.

Practice Areas: Labor and Employment

Connecticut Appellate Court

Tyler v. Tyler

The elements of undue influence are typically questions for the jury.

Practice Areas: Trusts and Estates , Civil Procedure

U.S. District Court

Brown v. UCONN Medical Group

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.

Practice Areas: Civil Procedure , Discovery , Medical Malpractice , Health Law

U.S. District Court

Laprade v. Peyton

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).

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Motor Vehicles , Personal Injury

U.S. District Court

Woodbury v. Johnson

A §1983 complaint that alleges wrongful arrest must be filed within three years of the date of the allegedly wrongful arrest, pursuant to Connecticut General Statutes §52-577.

Practice Areas: Civil Procedure , Statute of Limitations , Civil Rights

U.S. District Court

Trevino v. Wilber

The 4th Amendment's prohibition on unreasonable searches and seizures applies to commercial premises, as well as private homes, and can apply to a barber shop.

Practice Areas: Criminal Law , Constitutional Law

U.S. District Court

Girard v. Lincoln College of New England

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.

Practice Areas: Civil Rights , Education Law

Fairfield J.D., at Bridgeport

State v. Morales

Indigent defendants may elect between use of a public defender, who will provide a legal defense and necessary expenses, or to forgo state funds completely.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport

Cryan v. Cryan

A court can award a party a "safe harbor," to earn up to a certain amount before the other party can file a motion to modify alimony.

Practice Areas: Family Law

New London J.D., at Norwich

Hebbel v. Hebbel

A court may consider education, work history and job offers when it reaches a decision on earning capacity.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Minchin v. Liang

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.

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

Waterbury J.D., at Waterbury

Walker v. Fontaine

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.

Practice Areas: Torts , Personal Injury , Entertainment and Sports Law

New Haven J.D., at New Haven

Litoff v. Albright

A court can approve virtual representation to appoint fiduciaries to represent the interests of individuals who are absent or legally incapacitated.

Practice Areas: Trusts and Estates

Danbury J.D., at Danbury

Colden v. Administrator, Unemployment Compensation Act

A worker can engage in willful misconduct, if the worker fails to immediately report suspected child abuse, in violation of an employer's policy to make a report within 24 hours.

Practice Areas: Social Services Law , Unemployment Compensation

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

Abrams v. Department of Public Safety

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.

Practice Areas: Labor and Employment , Discrimination , Age Discrimination

Board of Mediation and Arbitration

Town of Monroe and AFSCME, Council 15, Local 1175

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.

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

State Elections Enforcement Commission

Complaint of: Kapoor

A chairman is required to provide notice of a caucus at least five days prior to the caucus.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Referral of: Secretary of the State

An individual cannot serve as the head election moderator in the same election in which he is on the ballot as a candidate, even if he recuses himself from counting the returns for his own district.

Practice Areas: Administrative Law , Election and Political Law

Connecticut Supreme Court

Single Source, Inc. v. Central Regional Tourism District, Inc.

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.

Practice Areas: Contracts

Connecticut Supreme Court

Frank v. Department of Children and Families

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.

Practice Areas: Education Law , Constitutional Law

Connecticut Supreme Court

Cannizzaro v. Marinyak

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.

Practice Areas: Torts

Connecticut Appellate Court

Stepney, LLC v. JP Morgan Chase Bank, N.A.

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.

Practice Areas: Banking and Financial Institutions

Connecticut Appellate Court

RAB Performance Recoveries, LLC v. James

Connecticut's rules of procedure make clear that an unsworn and conclusory assertion is insufficient to defeat a motion for summary judgment.

Practice Areas: Civil Procedure

Connecticut Appellate Court

Weinstein and Wisser, P.C. v. Cornelius

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.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Legal Profession

Connecticut Appellate Court

Newland v. Commissioner of Correction

Because the petitioner's right to counsel was violated, cause and prejudice were presumed.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Gojcaj

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.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

Martinez v. Empire Fire and Marine Insurance Company

The purpose of the MCS-90 endorsement is to protect the public from negligent motor carriers while they are engaged in the transportation of property, for-hire, in interstate commerce.

Practice Areas: Insurance Law , Transportation

Connecticut Appellate Court

City of New Haven v. G.L. Capasso, Inc.

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."

Practice Areas: Land Use and Planning

U.S. District Court

Sama v. Colvin

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.

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

U.S. District Court

Romag Fasteners Inc. v. Fossil Inc.

A plaintiff must prove willful infringement in order to recover an award of the defendant's profits in a trademark infringement case.

Practice Areas: Intellectual Property , Patents , Trademarks , Infringement (Trademark)

U.S. District Court

Bakhit v. Safety Marking Inc.

A court can deny as overly broad a discovery request for "any and all texts, emails or other electronically stored information" on co-workers' smart phones and cellular devices.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Discrimination , Race Discrimination , Torts , Emotional Distress

U.S. District Court

Rivera v. Murphy

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.

Practice Areas: Criminal Law , Constitutional Law

U.S. District Court

Bakhit v. Safety Markings Inc.

Racial slurs or comments about national origin can qualify as "extreme and outrageous" conduct.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Torts , Emotional Distress

U.S. District Court

Rumbin v. Duncan

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.

Practice Areas: Social Services Law , Social Security Compensation , Civil Procedure , Settlement , Statute of Limitations , Education Law

U.S. District Court

Lyle v. James

A claim against beneficiaries of an estate must be filed within the earlier of two years after death or the expiration of the statute of limitations.

Practice Areas: Trusts and Estates , Civil Procedure , Statute of Limitations , Legal Profession , Attorney Fee Recovery

Fairfield J.D., at Bridgeport

Amalgamated Produce Inc. v. Specialty Farms LLC

A court can award reasonable attorney fees to a plaintiff who proves breach of a written lease agreement.

Practice Areas: Legal Profession , Attorney Fee Recovery , Contracts , Breach , Landlord/Tenant Law

New Haven J.D., at New Haven

Hawley v. Sills

A party who appeals from a Probate Court decision is required to file the appeal in Superior Court within 30 days of the Probate Court's decision.

Practice Areas: Civil Procedure , Trusts and Estates

Fairfield J.D., at Bridgeport, G.A. 2

State v. Smith

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.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport

Cooper v. Fitzpatrick

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.

Practice Areas: Torts , Intentional Torts , Assault , Personal Injury , Damages , Emotional Distress

New Haven J.D., at New Haven

Guzman v. Yeroz

At a hearing in damages, a court can award economic damages, for medical expenses and loss of earning capacity, and noneconomic damages, for pain and suffering.

Practice Areas: Torts , Personal Injury , Damages , Social Services Law , Workers’ Compensation

New London J.D., at Norwich

Ceddia v. Ceddia

A court can find that a substantial change in circumstance exists, because a party received an interest in a trust that was much larger than expected.

Practice Areas: Family Law

Hartford J.D., at Hartford

Duplin v. Duplin

A court can deny a request that parents contribute to a child's college expenses, pursuant to Connecticut General Statutes §46b-56c, if the parents lack sufficient money.

Practice Areas: Family Law , Custody and Child Support

Windham J.D., at Willimantic (Juvenile Matters)

In Re: Mackenzie

A court can find that a parent with unresolved mental health issues did not meet his burden of proof that cause for guardianship no longer exists.

Practice Areas: Family Law , Custody and Child Support

Ansonia/Milford J.D., at Derby

Mackowski v. Murano-Mansour

A court can find that an insurance exclusion for "regular use" is contrary to public policy and is not enforceable.

Practice Areas: Insurance Law , Automotive

Tolland J.D., at Rockville

Krawczyk v. Sweet

A former tenant may be entitled to the return of a security deposit at the end of a lease, even though the tenant's insurance company originally paid the deposit.

Practice Areas: Landlord/Tenant Law , Residential and Commercial Real Estate

Stamford/Norwalk J.D., at Stamford

Lim v. Lim

A court can find that a party who worked as a homemaker during the marriage has an earning capacity of $18,096 per year, based on the minimum wage.

Practice Areas: Family Law , Custody and Child Support

New London J.D., at New London

Field v. Lawrence & Memorial Hospital

A court may exercise its discretion to permit a plaintiff to amend a written opinion from a similar health care provider, to include the health care provider's credentials.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Damon v. Adams

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.

Practice Areas: Insurance Law , Automotive , Personal Property

New Britain J.D., at New Britain

Ruscio v. Planning and Zoning Commission

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.

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