Most Viewed Decisions

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

United States Court of Appeals for the 2nd Circuit

United States v. Defelice

Generally, a defendant who unsuccessfully pursues the defense of government entrapment is not entitled to a reduction for acceptance of responsibility at sentencing, pursuant to United States v. Taylor, a 2007 decision of the 2nd Circuit.

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

Mpala v. City of New Haven

To prevail on claims that defendants violated the plaintiff's right to equal protection, the plaintiff must allege that 1.) he was treated differently than other, similarly situated individuals; and 2.) impermissible considerations of race, religion, or malicious or bad faith intent to injure existed.

Practice Areas: Civil Rights , Constitutional Law

United States Court of Appeals for the 2nd Circuit

Harding v. Borner

To prove a violation of substantive due process, a plaintiff may be required to prove: 1.) he has a valid property interest; and 2.) the defendants infringed on his property right in an arbitrary or irrational way.

Practice Areas: Constitutional Law , Land Use and Planning

Dorry v. Garden

Dorry v. Garden

The savings statute, Connecticut General Statutes §52-592, allows for an action to be saved if it was commenced within the time limited by law, even if improper service was made within that time, if the defendant had effective notice during that time period and, "the time limited by law" includes the 30 day time period for a marshal to effectuate service under C.G.S. §52-593a.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Statute of Limitations

United States District Court

Texidor v. Astrue

The District Court can remand a Social Security benefits decision to the administrative law judge, if the ALJ did not consider the combined effect of all the claimant's symptoms.

Practice Areas: Social Services Law , Social Security Compensation

Connecticut Supreme Court

Weaver v. McKnight

An analysis under the Supreme Court's 1997 decision in State v. Porter assesses the witness' methods, his reasoning and procedures, used to reach his conclusions, rather than assessing a witness' qualifications, his knowledge and experience.

Practice Areas: Evidence , Health Law

Connecticut Appellate Court

State v. Easton

The confidentiality restrictions on youth offender records in Connecticut General Statutes §54-76l(a) does not extend to those records held by the Federal Bureau of Investigation and did not create a reasonable expectation of privacy as to the defendant's fingerprint records held by the F.B.I. Terrance Easton relevantly was charged in two informations with counts of home invasion, sexual assault and burglary.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

State v. Sabato

In the 1987 decision in State v. Williams, Connecticut's Supreme Court construed Connecticut General Statutes §53a-167a, concerning interfering with an officer, "to avoid the risk of constitutional infirmity" and so as "to proscribe only physical conduct and fighting words;" applying Williams here, insufficient evidence supported the defendant's conviction of attempted interfering with an officer for sending a text message to a witness telling him not to write a statement and to "keep [his] mouth shut."

Practice Areas: Criminal Law , Constitutional Law

Board of Mediation and Arbitration

Town of Monroe and AFSCME, Council 15, Local 1775

A municipality can possess just cause to demote a police officer who allegedly fails to follow instructions and provides answers on an exam that are copied from another officer.

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

Connecticut Appellate Court

Hardison v. Commissioner of Correction

Because two attorneys advised the habeas petitioner collaboratively, the statements of one attorney directly influenced whether the other attorney's advice was adequate and the petitioner, in bringing his ineffective counsel claims, waived the attorney-client privilege as to both attorneys.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

State v. Bell

Like the admission of mug shots, testimony regarding the defendant's photograph being included among "target" photographs of suspected drug dealers, indicated prior criminal behavior on the defendant's part, and therefore, constituted prior uncharged misconduct evidence within the meaning of Connecticut Code of Evidence §4-5.

Practice Areas: Evidence , Prior Bad Acts , Criminal Law

Connecticut Appellate Court

Chief Disciplinary Counsel v. Zelotes

Rule 8.4(4) of the Rules of Professional Conduct, prohibiting conduct prejudicial to the administration of justice, is neither vague nor overbroad because case law and "the lore of the profession," as explained by the 5th Circuit in the 1988 case of Howell v. State Bar of Texas regarding a similar rule, provide sufficient guidance to attorneys in determining proper conduct.

Practice Areas: Legal Profession

State Elections Enforcement Commission

Complaint by: Morey

The State Elections Enforcement Commission lacks jurisdiction to decide whether a party violates its own rules when it selects a candidate for municipal office.

Practice Areas: Administrative Law , Election and Political Law

United States District Court

Doe v. East Lyme Board of Education

A court can deny a motion to award attorney fees and costs because both sides appealed to the 2nd Circuit, and litigation is ongoing.

Practice Areas: Legal Profession , Attorney Fee Recovery , Education Law

United States District Court

Goins v. Murphy

Federal and state officials are entitled to qualified immunity on claims for monetary damages unless a plaintiff alleges that they violated a statutory or constitutional right that was clearly established.

Practice Areas: Constitutional Law , Civil Rights , Criminal Law

New London J.D., at New London

McNiece v. Ryan Ryan Deluca

Allegations that the defendant law firm's conduct injured the plaintiff may be sufficient for the plaintiff to possess standing to sue.

Practice Areas: Legal Profession , Civil Procedure , Standing

New Britain J.D., at New Britain

Koziol-Dube v. Southington Farms LLC

A court can rescind the purchase-and-sales agreement and award restitution and punitive damages, if a potential buyer proves that the seller fraudulently failed to disclose material facts and violated CUTPA, the Connecticut Unfair Trade Practices Act.

Practice Areas: Torts , Intentional Torts , Fraud (Torts) , Consumer Protection

United States District Court

Marini v. Costco Wholesale Corp.

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

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

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

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

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

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

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.

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

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

Practice Areas: Criminal Law

Connecticut Appellate Court

In Re: Adriana C.

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.

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

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

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.

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

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.

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

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.

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.

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

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

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

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

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

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

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.

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.

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

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

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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.

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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

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

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

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

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

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 District Court

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

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

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

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

Practice Areas: Family Law