Decisions

Most Viewed Decisions

Hartford J.D., at Hartford

Prince v. Johnson Memorial Hospital Inc.

A court may enforce hospital bylaws that require that the hospital follow a medical committee's decision to reinstate a surgeon—even if the board of trustees disagrees.

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

Middlesex J.D.

Middlesex Mutual Assurance Co. v. Hamilton

A "regular use" exclusion in an automobile policy may exclude coverage for the use of any vehicle, other than a covered vehicle, which is furnished or available for the "regular use" of any family member.

Practice Areas: Insurance Law , Automotive

Hartford J.D., at Hartford

Levine v. Amica Mutual Insurance Co.

A court may disqualify an attorney from representing her family in an underinsured-motorist case against an insurance company.

Practice Areas: Legal Profession , Insurance Law , Automotive , Torts , Motor Vehicles , Personal Injury

Windham J.D.

Generations Willimantic LLC v. Town of Windham

Allegations that a corporation operates a community health center that possesses a charitable character and is tax exempt may be sufficient to allege that the corporation is exempt from municipal taxes.

Practice Areas: Taxation , Residential and Commercial Real Estate

U.S. District Court

Soundkeeper Inc. v. A&B Auto Salvage Inc.

"Any citizen" may file a suit pursuant to the Clean Water Act and allege that a defendant failed to obtain an environmental permit, even if the Connecticut Department of Energy and Environmental Protection already investigated and concluded that there were no violations.

Practice Areas: Administrative Law , Environmental Law

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

Tandon v. Captain's Cove Marina of Bridgeport Inc.

A federal court may not possess admiralty jurisdiction over a fistfight on a dock that does not affect the safety of the dock or risk a collision between the dock and nearby vessels.

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

Freedom of Information Commission

DiCara v. Town Manager, Town of Winchester

Connecticut General Statutes §1-211(a) provides a document requester with the option to request a specific method of delivery of nonexempt computer stored data and that the public agency is required to use the method of delivery requested if it reasonably can do so or have it done; C.G.S. §1-211(a) does not, by any of its terms, obligate a public agency to provide a copy of a computer stored public record in the computer format requested.

Practice Areas: Administrative Law

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

Ensign Yachts Inc. v. Arrigoni

The essential elements of an action in fraud are: 1.) a false representation was made as a statement of fact; 2.) it was false and known to be false by the party making it; 3.) it was made to induce the other party to act; and 4.) the other party acted on the false representation to his detriment.

Practice Areas: Torts , Intentional Torts , Fraud (Torts) , Insurance Law

Board of Mediation and Arbitration

Tolland Board of Education and UPSEU, Local 424, Unit 27

A union can file a grievance in the union's name on behalf of several individuals, and then amend the grievance, to add the name of a specific individual.

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

Department of Energy and Environmental Protection

In the Matter of: E-Square Investments LLC

The Department of Energy and Environmental Protection can require a current property owner to contribute to clean-up costs for an oil spill.

Practice Areas: Environmental Law , Residential and Commercial Real Estate

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

Orellana v. Holder

An immigration judge can find that a marriage is not bona fide, because the petitioner did not prove that his wife was single when they married, that they resided together in the marital home or that he met the wife's family.

Practice Areas: Immigration Law

Freedom of Information Commission

Peruta v. Bradford

The alleged failure to promptly provide a response detailing which records existed for a records request does not allege a violation of the Freedom of Information Act, Connecticut General Statutes §1-200.

Practice Areas: Administrative Law

Department of Energy and Environmental Protection

In the Matter of: Shanahan

The Department of Energy and Environmental Protection can order that property owners who did not obtain requisite permits, prior to construction of a stone retaining sea wall, remove and replace portions of the sea wall and pay civil penalties.

Practice Areas: Environmental Law , Residential and Commercial Real Estate

Freedom of Information Commission

Sargent v. Capalbo

The provisions of the Freedom of Information Act, Connecticut General Statutes §1-200, and questions of discovery operate separately and independently of each other.

Practice Areas: Administrative Law

Connecticut Appellate Court

Hankerson v. Commissioner of Correction

The 2013 Appellate Court explained in Tutson v. Commissioner of Correction that in the 1994 case of Simms v. Warden, Connecticut's Supreme Court "concluded that . . . [C.G.S.] §52-470(b) prevents a reviewing court from hearing the merits of a habeas appeal following the denial of certification to appeal unless the petitioner establishes that the denial of certification constituted an abuse of discretion. . . ."

Practice Areas: Criminal Law , Appellate Law - Criminal , Constitutional Law

Connecticut Appellate Court

Perez v. Commissioner of Correction

For his ineffective assistance of counsel claim, the petitioner was required to demonstrate that, but for his counsel's ineffective assistance, there was a reasonable probability that the court would not have revoked his probation and sentenced him.

Practice Areas: Criminal Law

U.S. District Court

Brayboy v. City of Bridgeport

A court may deny a motion to open discovery pursuant to a new theory that was not included in the complaint, if the motion to open is filed after the discovery deadline passes and it requests unduly burdensome discovery.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Discrimination , Race Discrimination , Sexual Harassment

U.S. District Court

Nichairmhaic v. Dembo

When it decides domicile for purposes of diversity jurisdiction, a court may consider where an individual is employed, exercises civil and political rights, obtains a driver's license, pays taxes and maintains bank accounts, real and personal property.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Intentional Torts , Abuse of Process , Emotional Distress , Legal Profession

U.S. District Court

U.S. v. Brunstorff

A one-year limitations period applies to petitions for habeas corpus relief, pursuant to 28 United States Code §2255. On March 22, 2011, Jillian Jelkanen complained to the police that her boyfriend, Kouwanii Brunstorff, allegedly assaulted her.

Practice Areas: Criminal Law

Connecticut Appellate Court

Cunniffe v. Cunniffe

No appellate stay of execution results from the filing of a jurisdictionally infirm appeal.

Practice Areas: Appellate Law - Civil , Family Law

U.S. District Court

Thompson v. Board of Trustees Community-Technical Colleges

Absent actual performance evaluations or overtime records, a reasonable trier of fact may not be able to find that similarly situated Caucasian co-workers produced inferior work and received better evaluations, or that they received greater opportunities to work overtime.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

Stamford/Norwalk J.D., at Stamford

Fitzpatrick v. Fitzpatrick

A party who allegedly pays for his girlfriend's motor vehicle, lingerie, jewelry and tuition, in violation of the court's automatic orders, can be held in contempt of court for dissipating marital assets.

Practice Areas: Family Law

Connecticut Appellate Court

We The People of Connecticut, Inc. v. Malloy

Because Public Act 12-33 entirely replaced Executive Orders 9 and 10 providing, respectively, for elections of majority representatives of family child care providers and personal care attendants and to establish working groups to report findings regarding collective bargaining to the governor, there was no practical relief to be given the plaintiffs who sought to challenge the executive orders.

Practice Areas: Appellate Law - Civil , Constitutional Law

State Elections Enforcement Commission

Complaint by: Griffin

An individual may not contribute more than $375 to an exploratory campaign committee, pursuant to Connecticut General Statutes §9-611.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: McNamara

The State Elections Enforcement Commission can dismiss a complaint that alleges that an e-mail invite to meet a mayoral candidate lacks attributions required by Connecticut General Statutes §9-621, if the source of the e-mail is clear.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Miles

An administrator who offers to give up a raise, if a board of education budget passes at a referendum, may not engage in "bribery," in violation of Connecticut General Statutes §9-364a, if the offer takes place before the referendum is considered to be "pending." On Aug. 8, 2013, Region One School District Superintendent Patricia Chamberlain allegedly offered to give up her raise, if the board of education budget passed at the referendum.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Ruocco

A requirement that a candidate's name and voice be contained in the narrative of an election campaign's automated telephone calls may not apply to an election campaign survey conducted by live human beings.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Scialabba

The State Elections Enforcement Commission can fine the treasurer of a political committee, if the treasurer authorizes funds for campaign flyers that lack the "paid for by" and "approved by" information.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Simon

Designees of registrars of voters can require that a citizen who votes via absentee ballot at a senior center remain in a designated area, without violating the citizen's right to vote in secret. On Oct. 31, 2013, Gail Simon observed absentee balloting at a senior center.

Practice Areas: Administrative Law , Election and Political Law

Statewide Grievance Committee

Ogarro v. Getzinger

An attorney who is admitted to the practice of law in Florida and who represents a Connecticut client in a loan modification, although he is not admitted to the practice of law in Connecticut, can violate Rule 5.5 of the Rules of Professional Conduct.

Practice Areas: Legal Profession , Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Connelly v. Commissioner of Correction

In the 2004 case of Hastings v. Commissioner of Correction, the Appellate Court declined to apply the federal prison mailbox rule in which the notice of appeal is deemed filed when the prisoner delivers it to prison authorities for forwarding to the court.

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

Connecticut Appellate Court

Deutsche Bank Trust Company Americas, Trustee v. DeGennaro

An alleged oral modification of a loan agreement exceeding $50,000 would be ineffective as a matter of law because it could not comply with the Statute of Frauds, Connecticut General Statutes §52-550.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Amato v. The Hearst Corporation

Connecticut case law clearly provides that Connecticut courts may look to federal court precedent for guidance in enforcing Connecticut's antidiscrimination statutes.

Practice Areas: Labor and Employment , Discrimination , Age Discrimination

Connecticut Appellate Court

State v. Johnson

The 2009 Supreme Court in State v. Marquez concluded that a nondouble-blind photographic array procedure is not unduly suggestive, per se.

Practice Areas: Evidence , Criminal Law

Connecticut Appellate Court

State v. Wright

Although the existence of threats against the victim by a third party would tend to show that someone other than the defendant had the motive and intent to harm the victim, that showing alone was insufficient to render third party culpability evidence admissible.

Practice Areas: Evidence , Criminal Law

Connecticut Appellate Court

In Re: Daniel A., Jr.

In a termination of parental rights trial, the court is not required to conduct a specific canvass akin to the criteria in Practice Book §44-3, which governs a criminal defendant's exercise of the right to self-representation and corresponding waiver of the right to counsel.

Practice Areas: Family Law , Constitutional Law

U.S. District Court

Kadri v. Groton Board of Education

Schools are generally considered non-public fora, and the First Amendment does not guarantee an individual access to school grounds.

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

Stamford/Norwalk J.D., at Stamford

Perez v. Carlevaro

A part-owner who proves breach of contract may be entitled to attorney fees pursuant to a contract provision for indemnification and the Connecticut Supreme Court's 1996 decision in 24 Leggett Street LP v. Beacon Industries Inc.

Practice Areas: Legal Profession , Attorney Fee Recovery , Contracts , Breach

Connecticut Appellate Court

Valentine v. Valentine

Because additional financial orders were entered in violation of the defendant's right to due process, without holding a hearing or providing any opportunity for oral argument, they could not stand.

Practice Areas: Family Law , Custody and Child Support , Constitutional Law , Civil Procedure , Motion Practice

Connecticut Appellate Court

Keenan v. Casillo

Connecticut General Statutes §46b-129a(2)(D), stating "[n]o person who has served as both counsel and guardian ad litem for a child shall thereafter serve solely as the child's guardian ad litem," is contained within Chapter 815t of the General Statutes and is limited to juvenile matters.

Practice Areas: Family Law , Custody and Child Support

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

U.S. v. Thorndike

A tax return preparer who allegedly instructs clients who are being audited to prepare false documents can be eligible for a sentencing enhancement for "obstructing the administration of justice."

Practice Areas: Criminal Law , Taxation

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

U.S. v. Underhill

The legal rights available to a defendant in a criminal prosecution may not be available in revocation hearings for violations of parole, probation or supervised release.

Practice Areas: Criminal Law

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 15, Local 1361

A probationary worker who is discharged may not be entitled to the protections provided by a collective bargaining contract.

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

Board of Mediation and Arbitration

South Windsor Board of Education and AFSCME, Council 4, Local 1303-029

Arbitrators can enforce a collective bargaining contract that requires that retirees pay for life insurance.

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

State Elections Enforcement Commission

Referral by: Bristol Town Clerk

The State Elections Enforcement Commission can fine a campaign treasurer $200 to $2,000, if the treasurer fails to file a financial disclosure statement.

Practice Areas: Administrative Law , Election and Political Law

Hartford J.D., at Hartford

McCants v. State Farm Fire and Casualty Co.

A court may exercise its discretion to award postjudgment interest starting on the date of judgment, as opposed to the date on which the court denied the defendant's motion to reargue.

Practice Areas: Civil Procedure , Insurance Law , Policy Terms

Stamford/Norwalk J.D., at Norwalk

State v. Panek

"Plain view" in the state's voyeurism statute, Connecticut General Statutes §53a-189a, refers to the "plain view" of the individual who takes a picture or makes a tape.

Practice Areas: Criminal Law

Tolland J.D., at Rockville

State v. Secore

At sentencing, a court may consider the seriousness of the alleged criminal offense, harm to the victim and conduct that allegedly took place after the police arrested the defendant.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport (Juvenile Matters)

In Re: Taraelle

A court can find that a child would be in immediate physical danger, if placed with the biological parents, based on the doctrine of predictive neglect.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

McKissick v. McKissick

A court can order a party to pay alimony to a former spouse who is disabled, as soon as the spouse vacates the marital residence.

Practice Areas: Family Law

Tolland J.D., at Rockville

Plourde-Davis v. Davis

A court can find that a party who allegedly connected with an old love interest, visited that individual and gave that individual substantial gifts is at greater fault for the breakdown of the marital relationship.

Practice Areas: Family Law , Custody and Child Support

Ansonia/Milford J.D., at Milford

Kids Zone Realty LLC v. Planning and Zoning Commission of the City of Shelton; Planning and Zoning Commission of the City of Shelton v. Zoning Board of Appeals of the City of Shelton

A 90-day period during which, if no decision is made, approval is automatic, begins to run when the P&Z votes to review a zoning application.

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

Waterbury J.D., at Waterbury

Medina v. City of Waterbury

Allegedly, the City of Waterbury, hired Tectonic Engineering & Surveying Consultants to reconstruct a public sidewalk along Cooke Street.

Practice Areas: Torts , Liability , Immunity , Personal Injury

Statewide Grievance Committee

Bowler v. Chan

An immigration attorney who represents undocumented individuals is not entitled to an exception to disciplinary authorities' right to review IOLTA account information, to keep his client names and financial transactions confidential.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Bowler v. Stewart

A lawyer who allegedly fails to protect client funds may violate Rule 1.15(b) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Donato v. Ghent

A lawyer who allegedly fails to keep his client adequately informed about the status of his case may violate Rule 1.4 of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Jalbert v. Mulligan

An attorney and disciplinary counsel can reach agreement to present the attorney to Superior Court for discipline, to consolidate various disciplinary matters.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Williams v. Bucci

Rule 1.15(b), which requires that attorneys protect client's property, provides, "A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property."

Practice Areas: Administrative Law , Legal Profession

Connecticut Appellate Court

Vazquez v. Buhl

A motion to strike is the proper procedural vehicle to decide the applicability of the Communications Decency Act of 1996, 47 U.S.C. §230, restricting defamation claims arising from the internet and, here, in striking such claims, the court correctly interpreted the language of §230(c)(1) that "[n]o provider…shall be treated as the publisher or speaker of any information provided by another information content provider."

Practice Areas: Communications and Media Law , Internet Law , Torts , Intentional Torts , Defamation

Connecticut Appellate Court

Heath v. Heath

As used in a trust, the terms "legal representatives," "heir-at-law," and "next of kin," did not conflict and while susceptible to multiple definitions, when viewed in context, the terms clearly were not intended to be read synonymously as "lineal descendants."

Practice Areas: Trusts and Estates

New Haven J.D., at Meriden

Sawicki v. City of Meriden

A jury can reasonably find that an individual is entitled to economic damages for medical expenses and is not entitled to non-economic damages, for pain and suffering.

Practice Areas: Torts , Liability , Immunity , Personal Injury , Damages , Entertainment and Sports Law

New London J.D., at New London

Rathbun v. ALA Westerly LLC

Allegations that a funeral home brought a relative's body to a church for a funeral, although the funeral home had not embalmed or refrigerated the body, and that the funeral home was forced to remove the casket from the church, because of the odor, can be sufficient to allege extreme and outrageous conduct.

Practice Areas: Torts , Emotional Distress

Connecticut Appellate Court

Brown v. State Farm Fire and Casualty Company

A loss that has already occurred is not fortuitous—and is thus not insurable; accordingly, when an insurance policy has been cancelled due to nonpayment of premiums and the insured seeks to reinstate that policy, the insurer is within its rights to reinstate coverage effective only for losses going forward.

Practice Areas: Insurance Law

Connecticut Appellate Court

Greenwood Manor, LLC v. Planning and Zoning Commission of the City of Bridgeport

A property owner lacks standing to appeal when its property was not the subject of a zoning application and the property's zoning classification was not altered, amended, or otherwise affected by a zoning commission's sua sponte revision of its zoning regulations and zoning map.

Practice Areas: Land Use and Planning , Administrative Law

U.S. District Court

Asante-Addae v. Sodexo Inc.

A court can order the production of information concerning the discharge of an employee's former supervisor, if that may lead to admissible information that helps the employee's case and is not overly burdensome or prejudicial.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Discrimination , Race Discrimination , Hiring/Firing

U.S. District Court

Cooke v. Mercedes-Benz USA LLC

A court can award attorney fees to a defendant, if a plaintiff fails to provide timely answers to discovery interrogatories and requests for production. In 2012, the head safety restraint in the plaintiff's 2005 Mercedes Benz allegedly deployed and the plaintiff was injured.

Practice Areas: Civil Procedure , Discovery , Pre-trial Procedure , Torts , Motor Vehicles , Personal Injury , Insurance Law

Tolland J.D., at Rockville, G.A. 19

Harper v. Warden

A habeas court can find that a criminal defense attorney negotiated a good deal and properly explained the government's evidence, the government's offer and the maximum and minimum sentences.

Practice Areas: Criminal Law , Constitutional Law

Tolland J.D., at Somers, G.A. 19

Trotter v. Warden

Evidence that trial counsel allegedly provided incorrect information about the petitioner's maximum sentence can be sufficient to prove ineffective assistance of counsel.

Practice Areas: Criminal Law , Constitutional Law

New Britain J.D., at New Britain

Chace v. Chace

Even if the parties were married 32 years, a court may decide not to award alimony, if one of the parties is currently incarcerated.

Practice Areas: Family Law

Hartford J.D., at Regional Family Trial Docket In Middletown

Savino v. Savino

A court may modify custody based on a material change in circumstances.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Ionescu v. Town of Stratford

A court can reject the valuation of fair market value provided by an Internet entity, "Zillow," as inacceptable.

Practice Areas: Taxation , Residential and Commercial Real Estate

New Haven J.D., at New Haven

Andreozzi v. Town of East Haven

A voluntary participant in an after school cross-country track event at another school may not qualify for the identifiable victim subject to imminent harm exception to government immunity.

Practice Areas: Torts , Liability , Immunity , Personal Injury

Citizen's Ethics Advisory Board

Declaratory Ruling 2014-A

Absent monetary benefit to his spouse, the director of the Liquor Control Division may act on matters brought before the division or the Liquor Control Commission by the law firm that employs his spouse, if his spouse is not involved in those matters, is not compensated based on those matters and has no equity interest in the law firm.

Practice Areas: Administrative Law , Election and Political Law

U.S. District Court

U.S. v. Bryson

The government is not required to elicit exculpatory testimony from witnesses who testify before a grand jury.

Practice Areas: Criminal Law

U.S. District Court

City of Bridgeport v. Federal National Mortgage Association

Federal agencies may be exempt from paying Connecticut transfer taxes.

Practice Areas: Constitutional Law , Taxation , Civil Procedure , Class Actions

Stamford/Norwalk J.D., at Stamford

Zaro v. Zaro

A court can find that the husband did not prove, by a fair preponderance of the evidence, that the parties agreed to an "open" marriage.

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

State v. Devon D.

Connecticut General Statutes §54-86g, as written, does not give the court the specific authority to allow a dog as a comfort tool for a child witness; the court has the inherent discretion to allow comfort tools but abused its discretion here given no proper showing of need.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

Gois v. Asaro

The fact that two doctors were neurologists and not mental health specialists did not, in and of itself, demonstrate that the court abused its discretion in admitting their testimony regarding posttraumatic stress disorder; as licensed physicians their testimony concerning the likelihood of PTSD was helpful to the jury in considering the issues.

Practice Areas: Evidence , Expert Witnesses , Health Law , Torts , Emotional Distress

Connecticut Appellate Court

State v. Alex B.

An unpreserved claim of prosecutorial impropriety reviewable under the 1987 Supreme Court case of State v. Williams, as explained in its 2004 decision in State v. Stevenson, must be premised on conduct that is of truly constitutional magnitude, and not mere evidentiary conduct clothed in constitutional garb.

Practice Areas: Evidence , Criminal Law

Waterbury J.D., at Waterbury

Spezzano v. Andersen

A lawyer may not owe a professional obligation to entities or individuals with whom his client entered into investment contracts.

Practice Areas: Legal Profession

Litchfield J.D., at Litchfield

Bakerville United Methodist Church v. Jepsen

A court can overrule the restrictions in a property deed, and declare them null and void, pursuant to the equitable doctrine of cy pres.

Practice Areas: Residential and Commercial Real Estate

Litchfield J.D., at Litchfield

Morse v. Trivella

A mother's receipt of test results that indicate that her children suffer from lead poisoning may not be adequate for the mother to allege bystander emotional distress.

Practice Areas: Torts , Personal Injury , Emotional Distress , Landlord/Tenant Law

Waterbury J.D., at Waterbury

State v. Bacon Construction

Allegations that the State of Connecticut relied on certifications that a state corrections facility was being built pursuant to the design and in a workmanlike manner, and that the facility was not constructed as designed and in a workmanlike manner, can be sufficient to allege a negligence action that seeks compensation for damage to property.

Practice Areas: Torts , Contracts , Breach , Civil Procedure

New Haven J.D., at New Haven

Tyrseck v. Carbutti

A client may not possess a cause of action for emotional distress against a former attorney for negligence in the legal representation of a client.

Practice Areas: Torts , Emotional Distress , Personal Injury , Legal Profession

Litchfield J.D., at Litchfield

Varanelli v. Varanelli

A release of all claims in a separation contract may not prevent a suit that alleges fraud, because the wife allegedly did not disclose to the husband he was not the biological father of a child born during the marriage.

Practice Areas: Contracts , Breach , Family Law , Torts , Intentional Torts , Fraud (Torts)

Waterbury J.D., at Waterbury

In Re: Lazauski

Absent evidence that a proposed conservator possesses the ability to carry out the duties, responsibilities and powers of a conservator, pursuant to Connecticut General Statutes §45a-650(h), a court can vacate the conservator's appointment.

Practice Areas: Trusts and Estates

Middlesex J.D., at Middletown

Bergeron v. Bergeron

A court can find that a party who allegedly assaulted his wife is at greater fault for the breakdown of the marital relationship.

Practice Areas: Family Law

Hartford J.D., at Hartford

Swain v. Swain

Prior to a hearing on the merits, a party may withdraw a dissolution complaint.

Practice Areas: Family Law , Civil Procedure , Pre-trial Procedure

Hartford J.D., at Hartford (Land Use Litigation Docket)

Lexington Properties LLC v. Planning & Zoning Commission of the Town of North Haven

A planning and zoning commission may deny a request to construct affordable housing, if necessary to protect a substantial public interest in health and safety.

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

New Haven J.D., at New Haven

North Haven Auto Sales and Service Inc. v. North Haven Zoning Board of Appeals

A property owner may not expand a nonconforming use to a subsequently purchased, adjacent parcel.

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

New London J.D., at Norwich

Bikerman v. Bikerman

A wife may not be represented by an attorney who is "of counsel" to a firm that previously represented the husband in a prior dissolution action against the wife.

Practice Areas: Legal Profession , Family Law

New Britain J.D., at New Britain

Cox v. Stone

To prevail in an action for replevin, a plaintiff must prove a right to immediate possession and wrongful detention.

Practice Areas: Personal Property

New Haven J.D., at New Haven

Baybrook Home Improvement LLC v. City of West Haven Tax Assessor

A court may reach its own decision about the fair market value of a property.

Practice Areas: Taxation , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Rodriguez-Torres v. Options Unlimited Inc.

Allegations that employees at a group home made an appointment for a resident of the group home to visit a diagnostic laboratory may not be adequate to indicate to the laboratory that the individual has violent propensities.

Practice Areas: Torts , Personal Injury

Connecticut Appellate Court

Clark v. Clark

Because an order removing the guardian ad litem appointed for the children completely displaced the prior order appointing her, that portion of the appeal challenging the appointment was moot.

Practice Areas: Family Law

Connecticut Appellate Court

Chief Disciplinary Counsel v. Rozbicki

For grievance complaints filed on or after Oct. 1, 1997, reviewing committees issue final decisions, subject to a defendant's right to request review by the grievance committee.

Practice Areas: Legal Profession

Connecticut Appellate Court

Estate of Haburey v. Town of Winchester

The Workers' Compensation Commissioner needed only to be convinced that it was "reasonably probable" that the decedent died of Legionnaires' Disease; empirical confirmation by laboratory testing was not required.

Practice Areas: Social Services Law , Workers’ Compensation

U.S. District Court

Lynch v. Main Street Connect LLC

A court may award attorney fees in the amount of one-third of the settlement in a class action.

Practice Areas: Labor and Employment , Wages and Hours , Legal Profession , Attorney Fee Recovery

U.S. District Court

Luce v. Kohl's Department Stores Inc.

A District Court may return a case to the Superior Court, if the plaintiff stipulates that the amount in controversy is less than $75,000.

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

Connecticut Appellate Court

Princess Q.H. v. Robert H.

The legislature reasonably may have chosen to rely on a narrower definition of stalking in delineating criminal liability, while deciding that a broader definition was appropriate in the dissimilar context of affording immediate relief to abuse victims under Connecticut General Statutes §46b-15, the domestic violence restraining order provision.

Practice Areas: Family Law