Most Viewed Decisions

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

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

U.S. District Court

Sanchez v. U.S.

Allegations that a defense attorney overestimated a client's criminal history category and provided ineffective assistance may be insufficient to invalidate a defendant's waiver of a right to collaterally attack a sentence.

Practice Areas: Criminal Law

U.S. District Court

United States v. Washington

Prior narcotics convictions that a defendant allegedly committed as a minor can qualify as predicate narcotics convictions, if the state proceeded against the minor defendant as an adult in an adult forum.

Practice Areas: Criminal Law

U.S. District Court

Brayboy v. City of Bridgeport

Administrative leave with pay during an investigation does not, without more, constitute adverse employment action.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Wages and Hours

U.S. District Court

CoFrancesco v. Maturo

Expressions of mixed opinion that are based on undisclosed facts are entitled to absolute privilege when made by a member of the press, about matters of public interest and concern, without knowingly distorting the facts.

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

Hartford J.D., at Hartford

Rousseau v. Perricone

Connecticut Practice Book §13-27(f)(2) provides that a party "may" tape a deposition provided: 1.) all parties receive written notice about the taping; and 2.) the deposition also is recorded stenographically.

Practice Areas: Civil Procedure , Discovery , Family Law

Board of Labor Relations

Town of Hamden and UPSEU, Local RI-200

The Board of Labor Relations can find that an election held to select a union representative is not valid, because one of the unions wrongly engaged in advocacy, during the 24-hour period prior to the election.

Practice Areas: Administrative Law , Labor and Employment , Labor Law , Union Representation

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Allegations that an employee who underwent a drug test was discharged can present a live controversy.

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

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

A clerk who performs higher level work that is out of her job classification can be entitled to additional pay, even if the higher level work is only part time.

Practice Areas: Administrative Law , Labor and Employment , Wages and Hours

Board of Mediation and Arbitration

Stamford Housing Authority and AFSCME, Council 4, Local 1303-260

An employer can possess good cause to discharge a worker who allegedly does not complete work properly or timely.

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

Connecticut Supreme Court

State v. Wang

Without access to the resources necessary to the integrity of a fair trial, the due process right of fundamental fairness is hollow for self-represented defendants; accordingly, due process, as guaranteed under the fourteenth amendment to the federal constitution, requires the state to provide an indigent, self-represented criminal defendant with expert or investigative assistance upon a threshold showing that such assistance is reasonably necessary for the preparation and presentation of his defense.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

Taylor v. Commissioner of Correction

Certification was found improvidently granted in this appeal in which the petitioner sought to challenge the Appellate Court's conclusion that the habeas court was not constitutionally required to provide him with an evidentiary hearing before dismissing his habeas petition.

Practice Areas: Criminal Law

Connecticut Supreme Court

Palomba-Bourke v. Commissioner of Social Services

The plain language of 42 U.S.C. §1396r-5 unambiguously indicates that the section, and its included methodology for determining what assets are deemed "available" to an applicant, are intended to apply to all applications for Medicaid benefits occurring after Sept. 30, 1989, without reference to the date that a particular asset or resource came into existence.

Practice Areas: Social Services Law , Medicare/Medicaid

Connecticut Supreme Court

Coley v. City of Hartford

The word "shall" in police response procedures did not necessarily give rise to a ministerial duty to remain at a domestic violence scene when the policy language, read in its entirety, clearly relied upon officer discretion in deciding how to perform the allegedly ministerial act of remaining at the scene.

Practice Areas: Torts , Liability , Immunity

Connecticut Supreme Court

Stafford v. Roadway

The defense of contributory negligence applies to claims involving negligent service of alcohol to minors.

Practice Areas: Torts , Affirmative Defenses , Contributory Negligence , Premises Liability , Liquor Liability

Connecticut Appellate Court

State v. Dickson

An in-court identification need not be excluded if it is not the product of an impermissible out of-court identification.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

State v. Miller

The trial court's failure to give a specific accomplice instruction constituted plain error, but the error, although obvious, was not shown to be harmful where the court gave a general credibility instruction and the jury was apprised of the reasons why it should weigh the accomplice's testimony carefully and thoroughly.

Practice Areas: Criminal Law , Evidence , Prior Bad Acts

Connecticut Appellate Court

State v. Smith

The narrow purpose of Practice Book §43-22 is to afford defendants an effective vehicle for challenging and correcting illegalities in their current sentences in connection with otherwise valid criminal convictions; it is not an alternative vehicle for challenging the validity of the underlying convictions themselves.

Practice Areas: Criminal Law

Connecticut Appellate Court

Town of Stratford v. Ewdokia Sokol

By enacting Connecticut General Statutes §7-152c (g), the legislature created a statutory right by which "[a]person against whom an assessment has been entered . . . is entitled to judicial review by way of appeal;" and the defendant, by failing to strictly comply with her statutorily created right to appeal from an assessment, failed to invoke the jurisdiction of the Superior Court by way of an untimely motion to open.

Practice Areas: Land Use and Planning , Administrative Law , Appellate Law - Civil

Connecticut Appellate Court

Lynwood Place, LLC v. Sandy Hook Hydro, LLC

Evidence that parties engaged in continual negotiations or discussions to resolve a legal dispute prior to one of the parties initiating a legal action ordinarily would preclude a finding that there was unreasonable delay in bringing the action.

Practice Areas: Landlord/Tenant Law

Connecticut Appellate Court

Ramos v. J.J. Mottes Company

Under the plain language of Connecticut General Statutes §52-212a, a trial court has the authority to open a civil judgment within four months following the entry of judgment.

Practice Areas: Landlord/Tenant Law

U.S. District Court

Seggerman v. Colvin

A prevailing party may not be allowed to obtain attorney fees for clerical tasks under the Equal Access to Justice Act.

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

U.S. District Court

Johnson v. Teague

The statute of limitations on a false arrest claim begins to run on the date on which an individual is arrested and may not be extended, on the basis that the plaintiff previously filed a similar complaint, since withdrawn, in Connecticut Superior Court.

Practice Areas: Civil Procedure , Statute of Limitations , Civil Rights , Torts , Intentional Torts , Abuse of Process

U.S. District Court

Silano v. Wheeler

A court can order an individual who allegedly agreed to keep her first deposition "open" to attend another deposition and to restrict the length of the second deposition to two-and-one-half hours.

Practice Areas: Civil Procedure , Discovery

U.S. District Court

Hannah v. Wal-Mart Stores Inc.

The Connecticut physician-patient privilege may not apply, if plaintiffs file federal claims and are unable to pursue state-law claims.

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

U.S. District Court

Ward v. Target Corp.

A disagreement about the precise location of a plaintiff's fall may not be sufficient to exclude an expert witness' report and testimony.

Practice Areas: Evidence , Expert Witnesses , Torts , Personal Injury , Premises Liability

New London J.D., at New London

Geraghty v. Hamilton Park Associates

A court may grant a motion to strike a counterclaim that does not arise out of the same cause of action or involve the same premises as the complaint.

Practice Areas: Civil Procedure , Motion Practice , Torts , Personal Injury , Landlord/Tenant Law

New Haven J.D., at New Haven

Koziol v. Yale University

An attorney who presents an action cannot also be the individual who takes the recognizance, pursuant to Connecticut Practice Book §8-4(c).

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

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 Britain J.D., at New Britain

Dziadowicz v. American Medical Response of Connecticut Inc.

Absent expert evidence on behalf of a plaintiff, a court can credit the testimony of emergency medical technicians that they properly treated their patient and did not commit an assault and battery.

Practice Areas: Health Law , Torts , Personal Injury , Intentional Torts , Assault , Battery

New Britain J.D., at New Britain

Millord v. Department of Public Health

The state can place the name of a nurse's aide who allegedly engages in abuse on the nurse's aide registry, if the nurse's aide's conduct violates Connecticut General Statutes §20-102cc.

Practice Areas: Health Law

New Britain J.D., at New Britain

Edgewood Street Garden Apartments LLC v. City of Hartford

To prove inverse condemnation, a plaintiff must prove total destruction of a property's economic value or substantial destruction of the ability to enjoy or use the property.

Practice Areas: Constitutional Law , Residential and Commercial Real Estate

Tolland J.D., at Rockville

Carriage House I v. Johnston

A condo association can be entitled to a foreclosure by sale, if a unit owner fails to pay fines that were assessed because the unit owner expanded a deck without constructing a required privacy wall.

Practice Areas: Creditors’ and Debtors’ Rights , Contracts , Breach , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Sorak v. Companions & Homemakers Inc.

Chronic carpal tunnel syndrome qualifies as a physical disability for purposes of the Connecticut Fair Employment Practices Act, Connecticut General Statutes §46a-60.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Disability Discrimination

Stamford/Norwalk J.D., at Stamford

Spignolio v. Stark Carpet Corp.

To prevail, an employee who alleges that an employer negligently failed to train and to supervise must allege a cognizable injury.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Torts , Intentional Torts , Assault

Tolland J.D., at Rockville

Majewicz v. Majewicz

A court can find that a party who regularly consulted 26 company and jobposting Web sites and made more than 250 job contacts engaged in a reasonable and diligent job search, even though he did not pursue jobs in other states.

Practice Areas: Family Law , Custody and Child Support

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

East Windsor Inland Wetland & Watercourse Agency v. Dearborn; East Windsor Planning & Zoning Commission v. Dearborn

If a business that illegally fills wetlands and clear cuts trees does not comply with orders to remediate, a court may close the business until it complies.

Practice Areas: Land Use and Planning

New Britain J.D., at New Britain

Chief Disciplinary Counsel v. Creed

A court can order an attorney who allegedly commingles funds to hire a bookkeeper and take a continuing legal education course in law office management.

Practice Areas: Legal Profession

Ansonia-Milford J.D., at Milford

Chief Disciplinary Counsel v. Salvatore

A court can suspend an attorney who has been convicted of crime and sentenced to prison.

Practice Areas: Legal Profession

Hartford J.D., at Hartford

Disciplinary Counsel v. Ciarcia

A court can find that an attorney who was convicted on charges of bribery and tax fraud lacks sufficient trustworthiness and moral character to be re-admitted to the practice of law.

Practice Areas: Legal Profession

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

Kruk v. Metropolitan Life Insurance Co.

A claimant who disputes an insurance company's decision that she did not qualify for long-term benefits based on physical disability may be required to prove that the decision was arbitrary and capricious.

Practice Areas: Insurance Law

Connecticut Appellate Court

State v. Solomon

As the 2000 Supreme Court explained in Groton v. United Steelworkers of America, pleas made under the Alford doctrine and nolo contendere pleas "may not be used against the defendant as an admission in a subsequent criminal or civil case."

Practice Areas: Evidence , Prior Bad Acts , Criminal Law

Citizen's Ethics Advisory Board

Advisory Opinion 2014-5

It may exceed the express and implied authority of a state ethics enforcement officer, to opine that a state employee likely violated the Ethics Code, if the officer dismissed a case against the state employee because it would be difficult to show probable cause.

Practice Areas: Administrative Law , Election and Political Law , Labor and Employment , Labor Law , Working Conditions

Statewide Grievance Committee

DeSantis v. Garver

Rule 1.3 of the Rules of Professional Conduct provides that a lawyer shall act with reasonable diligence and promptness in representing a client.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Sullivan & Associates LLC v. Evans

An attorney who allegedly fails to pay an invoice promptly despite repeated promises can engage in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Connecticut Supreme Court

State v. Elson

To obtain review of an unpreserved claim of constitutional error under the 1989 Connecticut Supreme Court case of State v. Golding, a defendant need only raise that claim in his main brief wherein he must, as stated in the 2009 Appellate Court decision in State v. Wright, "present a record that is [adequate] for review and affirmatively [demonstrate] that his claim is indeed a violation of a fundamental constitutional right;" and, to the extent that the Supreme Court's 2002 decision in State v. Ramos and its progeny requires an affirmative request for Golding review, those cases were overruled.

Practice Areas: Constitutional Law , Criminal Law

Connecticut Supreme Court

State v. Baltas

Although the outright denial of a defendant's opportunity to impeach a witness for motive, bias and interest implicates the constitutional protection of the confrontation clause, such a denial is subject to harmless error analysis.

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Supreme Court

State v. Shaw

When evidence is proffered under one of the exceptions to Connecticut's rape shield statute, Connecticut General Statutes §54-86f, to support an alternative theory concerning the source of the victim's injuries, it will almost always be deemed more probative than prejudicial because it implicates the defendant's constitutional right of confrontation.

Practice Areas: Evidence , Criminal Law

Connecticut Supreme Court

Kortner v. Martise

Given the statutory scheme demonstrating that the legislature intended for conservatorships to be limited in scope and not to unnecessarily restrict the conservatee's independence, a conserved person has the ability to consent to sexual conduct.

Practice Areas: Trusts and Estates , Torts , Intentional Torts , Civil Procedure , Standing

Connecticut Appellate Court

Citimortgage, Inc. v. Rey

In a residential foreclosure action in which the parties participated in court-sponsored forbearance mediation where a final forbearance agreement was reported to the court, a defendant may counterclaim for damages allegedly caused by the plaintiff's subsequent pursuit of the foreclosure complaint in an alleged breach of the forbearance agreement.

Practice Areas: Creditors’ and Debtors’ Rights , Civil Procedure

Connecticut Appellate Court

Federal National Mortgage Association v. Bridgeport Portfolio, LLC

A contract provision calling for the imposition of a penalty for the breach of the contract is contrary to public policy and invalid, but a liquidated damages provision that fixes the amount of damages to be paid in the event of a breach is enforceable if it satisfies certain conditions.

Practice Areas: Creditors’ and Debtors’ Rights