Recent Decisions

Hartford J.D., at Hartford

Duncan v. Alicea

Seller Waived any Right to Receive $101,000 Promissory Note

A party who went ahead with a real estate closing, without obtaining the $101,000 promissory note in the parties' contract, could waive the right to the promissory note.

CV16-6068596
Moukawsher, J.

New London J.D., at New London

Troiano v. Payne

Clients Lacked Cause of Action for Common-Law Indemnification

Allegations that defendants' negligent legal advice caused plaintiffs to sustain losses were insufficient to allege a cause of action for common-law indemnification.

CV16-6025888
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

Flick v. Bean

Late-Night Worker Confronted Invitee and Allegedly was Assaulted

An exception to the exclusivity rule in the Workers' Compensation Act existed, if an employer intentionally created a dangerous condition that made the employee's injury substantially certain to occur.

CV15-6027128
Jacobs, J.

New Britain J.D., at New Britain

Kaminski v. State

Inmate Alleged Corrections Officer Lost Control of Van

To prevail on a negligence claim, plaintiff inmate was required to prove duty, breach of duty, causation and injury.

CV13-5015829
Swienton, J.

Hartford J.D., at Hartford

Office of the Chief Disciplinary Counsel v. Pagani

Attorney Who Allegedly Overstated Property Value Suspended Four Years

A court could suspend or disbar an attorney who allegedly committed a crime.

CV16-6070794
Robaina, J.

Waterbury J.D., at Waterbury

Office of the Chief Disciplinary Counsel v. Avitabile

Attorney who Resigned Claimed Court Could Not Discipline him

A court could possess jurisdiction over the discipline of an attorney, even if the attorney resigned from the bar and waived his right to apply for readmission.

CV16-6030070
Taylor, J.

New London J.D., at New London

Fucci v. Bartlett

Landlord Awarded $12,741 for Rent and Property Damage

A court rejected defendant tenants' argument that the terms of the stipulated judgment superceded the terms of the original lease.

CV15-6023728
Bates, J.

Windham J.D., at Putnam

Tao v. Court of Probate

Trial Judge Served as Counsel to Defense Counsel's Wife in 2002

A court rejected a claim that a judge was biased, because he served as counsel to defense counsel's wife 14 years ago in a 2002 real-estate transaction.

CV14-5005838
Calmar, J.

Fairfield J.D., at Bridgeport

Rontonto v. Geico Gen. Ins. Co.

Insurer Claimed that Only the Limited Liability Co. Was Insured

When terms in an insurance policy were ambiguous, a court could construe the ambiguity in favor of the insured.

CV16-6055611
Krumeich, J.

Stamford/Norwalk J.D., at Stamford

Intrieri v. Mileto

Parties Disputed whether Girls' Softball Coach Participated in Game

A softball coach qualified as a "participant" and was required to allege reckless or intentional conduct to recover in a personal-injury suit.

CV16-6028534
Lee, J.

Fairfield J.D., at Bridgeport

Velazquez v. Dep't of Correction

Gay Corrections Officer Adequately Alleged Hostile-Work Environment

A jury could find that sexual remarks that clearly mocked plaintiff's sexual orientation were more than isolated remarks or occasional incidents of harassment and created a hostile-work environment.

CV15-6051925
Krumeich, J.

Hartford J.D., at Hartford

Stevens v. Vito's by the Water

Bartender Did Not Prove Employer Violated the Minimum Wage Act

A bartender was required to provide more than generalized proof to establish a violation of the Connecticut Minimum Wage Act.

CV15-6062506
Elgo, J.

Windham J.D., at Putnam

Gonzalez v. Path Acad. Windham

Teacher Alleged Constructive Discharge from Charter School

To prevail on allegations of constructive discharge, plaintiff employee was required to allege that defendant employer intentionally furnished the employee without any options, other than to resign, and that a reasonable individual would find the employer's conduct intolerable.

CV16-6010365
Boland, J.

New Haven J.D., at New Haven

Fennelly v. Town of Cheshire

Disabled Woman Alleged Cops Ignored Complaint about Burglary

Individual liability under Connecticut General Statutes §46a-60(a)(4) might only be imposed on supervisory employees or other employees.

CV16-6062513
Wilson, J.

United States District Court

Simpson v. United States

Executrix Alleged VA Hospital Permitted Methadone Patient to Drive

The owner of a property could owe a business invitee the duty to maintain the premises in reasonably safe condition.

3:15cv1859
Bryant, J.

United States District Court

McCoy v. City of New Haven

Parks and Recreation Workers Protested Random Drug Tests

Plaintiffs were required to exhaust administrative grievance procedures under a collective bargaining contract, prior to filing a complaint.

3:15cv1532
Haight, J.

United States District Court

Baldwin v. Colvin

ALJ Did Not Credit A.P.R.N.'s Opinion that Claimant Should Elevate Legs

Generally, administrative law judges were supposed to explain the weight provided to opinions from medical sources "other" than doctors, such as registered nurses.

3:15cv1462
Margolis, J.

United States District Court

United States v. Green

Embezzler Ordered to Pay Restitution of $163,324 to Victim

The Mandatory Victims Restitution Act provided that a district court could order that a defendant make restitution to a victim who was directly and proximately harmed.

3:16cr20
Shea, J.

Connecticut Appellate Court

In re Baciany

Incarcerated Father Allegedly Abandoned his Infant Child

To prevail on a petition to terminate the parental rights of the biological father, the mother was required to prove one of the seven grounds for termination in Connecticut General Statutes §45a-717(g)(2), and that termination was in the best interests of the minor child.

AC 39142
Lavine, J.

Connecticut Appellate Court

State v. Norman P.

Trial Court Admitted Only Excerpts of Defendant's Confession

Following defendant's request, the trial court should have admitted defendant's entire confession to the police, to ensure that excerpts from the confession were not taken out of context.

AC 37947
Prescott, J.

Connecticut Supreme Court

State v. Agron

Bail Bond Company Tracked Fugitive Defendant to Puerto Rico

The word "detained" in Connecticut General Statutes §54-65c meant "detained" by the government, as opposed to detained by a bail bond company.

SC 19499
Eveleigh, J.

Connecticut Supreme Court

Burton v. Comm'r of Envtl. Prot.

High Court Reinstated Nuclear Power Station Case a Second Time

A case could be moot, if there were no controversy between the parties, or if the court could not provide the parties any practical relief.

SC 19664
Rogers, C.J.

Connecticut Supreme Court

Conn. Nat'l Mortg. v. Knudsen

Lower Court Wrongly Dismissed 1989 Foreclosure Case as Moot

A trial court's judgment of strict foreclosure triggered an automatic stay, because it was an appealable final judgment.

SC 19672
Per Curiam

Statewide Grievance Committee

Zuraitis v. Lipsky

Attorney to be Presented, to Consolidate Disciplinary Matters

An attorney and disciplinary counsel could agree to a presentment to Connecticut Superior Court, to consolidate various disciplinary matters.

16-0256
Masi, Esq., Matthew and Sansone, Esq.

Statewide Grievance Committee

New Haven J.D. v. Olgin

Attorney Practicing Law Since 1975 Admitted that he Was Not Diligent

An attorney who allegedly was not diligent could violate Rule 1.3 of the Rules of Professional Conduct.

15-0527
Sheridan and Golger, Esq.

Statewide Grievance Committee

Bowler v. Cayo

Attorney Ordered to Take Course on IOLTA Account Management

An attorney who allegedly failed to properly safeguard his clients funds account could violate the Rules of Professional Conduct.

16-0140
Jenkins and Allen, Esq.

Freedom of Information Commission

Brechlin v. City Council, City of Meriden

City Council Violated 'Open Meeting' Requirements in FOIA

A "leadership gathering" that included the majority and minority leaders of the city council, plus their deputies, could qualify as a "meeting" under Connecticut General Statutes §1-200(2).

FIC 2016-0066
Freedom of Information Commission

Compensation Review Board

Charles v. Bimbo Foods

Appeal Was not Filed Timely within 20 Days of Decision

A claimant who alleged that his claims for chronic respiratory illness from a workplace chemical inhalation were wrongly denied was required to appeal within 20 days of the trial commissioner's decision.

5986 CRB 7-15-2
Mastropietro, with Walker and Salerno

Board of Labor Relations

Office of the Attorney Gen. and AFT Conn.

American Federation of Teachers to Represent Asst. Attorney Generals

Individuals who worked for the Office of the Attorney General as assistant attorney generals lacked standing to request that the Board of Labor Relations issue a declaratory ruling that excluded them from a collective bargaining unit.

4930
Battey, Low and Collins

Mashantucket Pequot Court of Appeals

Luond v. Mashantucket Pequot Gaming Enter.

Inclusion of Prior Discipline in Record Was Harmless Error

Inclusion of prior discipline in the record could constitute harmless error, if sufficient evidence existed to discharge based on a customer's statement and a surveillance tape.

CV-AA-2012-168
Blaeser, J., Weathers, J., and Bigler, J.

New Haven J.D., at New Haven

Barry v. Greater Hartford Cmty. Found.

Grandmother Alleged Premises Liability from Golf Cart Accident

Allegations that plaintiff was an invitee on premises that were defective, because defendants' golf cart was dangerous and lacked a seatbelt or harness, were sufficient to state a claim for premises liability.

CV16-6062428
Wilson, J.

New Haven J.D., at New Haven

Kusmit v. Court of Probate

Plaintiff's Attorney John Mills Disqualified as a Necessary Witness

In a dispute about the reasonable allocation of counsel fees from a prior case, a court could disqualify plaintiff's counsel, because counsel was a necessary witness.

CV15-6057289
Frechette, J.

Hartford J.D., at Hartford

Town of W. Hartford v. DeMartinis

Owners Face Fine of $100 Per Day for Failure to Remediate Property

A court could fine defendants who failed to comply with a court order to eliminate or replace a porch and retaining wall and to remove abandoned or inoperable motor vehicles.

CV16-6069634
Peck, J.T.R.

Hartford J.D., at Hartford

Kostek v. State Farm Mut. Auto. Ins.

Young College Graduate Qualified as 'Resident Relative'

A court could find that a young college graduate resided primarily with his parents and qualified as a "resident relative" for purposes of underinsured-motorist benefits.

CV15-6056670
Moukawsher, J.

Saunders v. St. Vincent's Special Needs Ctr.

Saunders v. St. Vincent's Special Needs Ctr.

Worker with ADD and Dyslexia Adequately Alleged Discrimination

Allegations that a worker's ability to read, think and work were restricted because of attention deficit disorder and dyslexia were sufficient to allege the worker suffered from disability.

CV14-6017348
Tyma, J.

Middletown J.D., at Middlesex

Viscuso v. Chevalier

Plaintiff who Was Injured in Beer Bottle Fight Won $74,147

A court could award economic damages for medical expenses and non-economic damages for pain and suffering to an individual who was injured in a fight.

CV15-6013116
Aurigemma, J.

Hartford J.D., at Hartford

Stellmacher v. Maneeley

Jury Did Not Award Economic Damages for Medical Expenses

A jury reasonably could have found that a plaintiff who had pre-existing back and neck pain and was able to perform two "physically demanding" jobs following a low impact motor-vehicle accident was not entitled to economic damages.

CV14-6055492
Shapiro, J.

Devine v. Nationstar Mortg.

Devine v. Nationstar Mortg.

Mortgagor Alleged Mortgagee Entered Premises without Permission

Allegations that defendant mortgagee did not keep accurate payment records, and demanded payment for payments that plaintiff homeowner already had made, were sufficient to allege a violation of the Connecticut Unfair Trade Practices Act.

CV16-6031849
Wiese, J.

Stamford/Norwalk J.D., at Stamford

Ward v. Weber

Although Contractor Was Negligent, Homeowner Was 51 Percent Negligent

A jury could find that although a home improvement contractor was negligent, the homeowner was 51 percent negligent.

CV13-6020380
Lee, J.

New Britain J.D., at New Britain

Rutledge v. Krynski

Driver Alleged Excessive Use of Force by Connecticut State Trooper

Allegations that defendant state trooper grabbed his Taser gun and pointed it at plaintiff in a threatening manner, because plaintiff experienced a flat tire and initially refused to move his motor vehicle, were sufficient to allege excessive use of force.

CV16-6032664
Wiese, J.

United States District Court

Boutillier v. Hartford Pub. Sch.

Gay First-Grade Teacher Alleged Sexual Orientation Discrimination

Title VII protected individuals who were discriminated against on the basis of sex, because of their sexual orientation.

3:13cv1303
Eginton, J.

United States District Court

United States v. Oreckinto

Defendant Allegedly Stole 8,012 Cartons of Cigarettes from Candy Co.

A federal grand jury indictment was required to track the language of a federal statute and to state the time and place of the alleged crime.

3:16cr26
Meyer, J.

United States District Court

Benjamin v. Pillai

Inmate Alleged Defendant Dr. Provided Almost No Treatment

Allegations that defendants provided almost no medical treatment other than Motrin for severe back pain and insomnia, and threatened to retaliate if plaintiff prisoner complained, were sufficient to state claims for violation of the Eighth Amendment and retaliation.

3:16cv1721
Meyer, J.

United States District Court

Algonquin Gasoline v. Petroleum and Franchise Capital

Chicago-Based Plaintiffs Sought Depositions in Chicago

Connecticut courts possessed broad discretion to change the location of depositions upon good cause shown, to protect a party from undue burden or expense, pursuant to Fed. R. Civ. P. 26.

3:16cv17
Bolden, J.

United States District Court

Lockwood v. Colvin

Disabled Plaintiff who Obtained Remand Entitled to Attorney Fees

To prevail on a request for attorney fees under the Equal Access to Justice Act, plaintiff was required to prove that plaintiff qualified as a "prevailing party," that defendant's position lacked substantial justification and that no special circumstances existed that would make an award unjust.

3:15cv1026
Merriam, J.

Connecticut Appellate Court

Town of Monroe v. Discover Prop. and Cas. Ins.

Duty to Defend Was Not Barred by Exclusion for Contract Claims

An insurance company did not possess the duty to defend, if allegations in a third party's complaint against the insured clearly and unambiguously established that a policy exclusion for contracts should apply.

AC 38332
Beach, J.

Connecticut Appellate Court

Nieves v. Comm'r of Correction

State's Witness Wrongly Claimed that Petitioner Had Neck Tattoos

Defense counsel had the discretion to make a strategic decision on whether to present a witness' statement that, although potentially exculpatory, could have harmed a client's case.

AC 38172
Norcott, J.

Connecticut Appellate Court

Meadowbrook Ctr. v. Buchman

Consumer Moved for Attorney Fees 35 Days After Final Judgment

The requirement in Practice Book §11-21 that a successful consumer file a motion for attorney fees within 30 days of judgment was directory, as opposed to mandatory.

AC 37979
Bishop, J.

Connecticut Supreme Court

In re Daniel

Rule that Required Canvass of Parents Was Not Retroactive

The rule articulated in In re Yasiel that required that trial courts conduct canvasses of biological parents prior to trials in termination-of-parental-rights cases was not retroactive in nature.

SC 19731
Eveleigh, J.

Connecticut Supreme Court

Strycharz v. Cady

Genuine Issue, if Assistant Principals Distributed Bus Roster

School officials could be legally responsible, if school officials' negligence on school property proximately caused plaintiff student's injuries away from school grounds.

SC 19507
Palmer, J.

Connecticut Supreme Court

State v. Benedict

Sex Assault Defendant Attempted to Exclude Cop as a Prospective Juror

Grounds for a principal challenge to a juror could include an employer-employee relationship, such as a municipal police officer who worked for the Connecticut State Police officer who investigated a complaint.

SC 19549
Rogers, C.J.

Freedom of Information Commission

Torlai v. Comm'r, Dep't of Emergency Serv. and Pub. Prot.

Certain Tapes of DUI Arrestees Were Not Exempt from Disclosure

Tapes of arrestees who entered the pretrial alcohol education program were not exempt from disclosure, pursuant to Connecticut General Statutes §54-56g.

FIC 2016-0134
Freedom of Information Commission

Freedom of Information Commission

Shafer v. Chief, Police Dep't, City of Bridgeport

ACLU Proved that Bridgeport Police Department Violated FOIA

An exemption in Connecticut General Statutes §1-210(b)(3)(E) that applied to law enforcement "investigatory techniques not otherwise known to the general public" might not apply, if a local television show previously broadcast information about police investigatory techniques.

FIC 2016-0050
Freedom of Information Commission

Freedom of Information Commission

Bates v. Dir., Personnel Dep't

Director's Handwritten Documents Were Exempt as 'Preliminary Drafts'

The Freedom of Information Act contained an exemption for "preliminary drafts."

FIC 2015-855
Freedom of Information Commission

Freedom of Information Commission

Alston v. Semple

Known Gang Member Sought Information about own Use of Aliases

The Department of Correction was not required to disclose information that could harm prison safety.

FIC 2016-0186
Freedom of Information Commission

Compensation Review Board

Stackpole v. City of Stamford

City Argued Cop Exhibited Signs of Hypertension Prior to Hire

A workers' compensation trial commissioner could credit the testimony of the claimant's treating physician that claimant did not have hypertension at the time of hire.

6062 CRB 7-15-12
Mastropietro, with Walker and Salerno

United States Court of Appeals for the Second Circuit

United States v. Rosa

Lack of Competency Hearing Was not an Abuse of Discretion

A district court was required to conduct a mental competency hearing, if reasonable cause existed to believe that defendant might suffer from a mental disease or defect that made defendant mentally incompetent, such that he was unable to comprehend the nature of the criminal process and to assist in his defense.

14-1761-cr and 14-3334

United States Court of Appeals for the Second Circuit

Kaskel v. Compagnone

Police Detective Had Probable Cause to Arrest Father of Kids

Probable cause existed if the totality of the evidence would lead a reasonable and prudent police officer to believe that a criminal offense was being committed.

15-3802-cv

Hartford J.D., at Hartford

Doe v. Abriola

No Cause of Action Existed for Negligent Disclosure of HIV Info

Connecticut did not recognize a cause of action for negligent disclosure of confidential health information, such as HIV information. The court granted defendants' motion to strike plaintiff's claim that defendants negligently faxed a report that stated that plaintiff had HIV to plaintiff's workplace.

CV16-5041669
Huddleston, J.

New Haven J.D., at New Haven

Luciani v. Travelers Cas. Ins.

Pedestrian Was Not Entitled to Underinsured-Motorist Benefits

A pedestrian who did not claim that she was "in, upon, getting in, out or off" a motor vehicle when she was injured in a motor-vehicle accident was not entitled to underinsured-motorist benefits.

CV15-6052072
Blue, J.

Stamford/Norwalk J.D., at Stamford

Kellogg v. Middlesex Mut. Assurance

Historic Home Owner Alleged Insurer Violated CUIPA and CUTPA

Allegations that defendant insurance company violated CUIPA and CUTPA, the Connecticut Unfair Insurance Practices Act and the Connecticut Unfair Trade Practices Act, respectively, were separate from claims that arbitrators did not properly recognize the historic nature of the home and disregarded the terms of the insurance policy.

CV16-6027990
Heller, J.

Stamford/Norwalk J.D., at Stamford

Stepniarek v. City of Norwalk

Norwalk Entitled to 'Recreational Use' Immunity for Bike Accident

A municipality that did not charge an admission fee was entitled to "recreational use" immunity, pursuant to Connecticut General Statutes §52-557g, on claims of negligence and premises liability.

CV15-6025335
Heller, J.

New Britain J.D., at New Britain

Murray v. State Bd. of Educ.

Parents Wrongly Enrolled their Kids in Middlebury Schools

A hearing officer could find that plaintiffs were required to send their children to school in the municipality where their dwelling was located, even if the address for the residence was in a different municipality.

CV15-6032317
Cohn, J.T.R.

Fairfield J.D., at Bridgeport

Wright v. Ray

Plaintiffs Who Allegedly Were Rear-Ended Awarded $101,302

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to plaintiffs who were rear-ended in a motor vehicle accident.

CV15-6047917
Gilardi, J.T.R.

New Britain J.D., at New Britain

Travelers Indem. v. Swiatowiec

Former Husband who Owed Wife Money Was Subject to Turnover Order

A husband who owed his wife money could be subject to a turnover order, pursuant to Connecticut General Statutes §52-356b.

CV10-6006859
Shortall, J.T.R.

Glass v. Bank of Am.

Glass v. Bank of Am.

Bank Allegedly Authorized Third Party to Enter Owners' Property

Allegations that defendant bank did not exercise reasonable care when it chose a third party to protect plaintiffs' property were sufficient to allege breach of a duty to hire a competent company for property preservation.

CV15-6027170
Brazzel-Massaro, J.

New Britain J.D., at New Britain

Semac Elec. v. Skanska USA Bldg.

Sophisticated Commercial Entities Waived Right to Jury Trial

When considering whether to enforce a waiver in a commercial contract, a court might consider the conspicuousness of the waiver, its location relative to the parties' signatures, its typeface and font size, any disparity in the parties' bargaining power and whether the parties negotiated and were represented by counsel.

CV15-6031179
Young, J.

United States District Court

Dixon v. The Scott Fetzer Co. d/b/a Kirby

Salespeople Alleged they Were Underpaid, in Violation of FLSA

Absent prejudice to defendant, a court could grant a motion to add additional plaintiffs, pursuant to Fed. R. Civ. P. 15 and Rule 20(a)(1).

3:11cv982
Shea, J.

United States District Court

Morgan v. Dzurenda

Conspiracy Based on Sexual Orientation Not Adequately Alleged

To prevail on a civil conspiracy claim, plaintiff inmate was required to allege that defendant prison officials were in a conspiracy to deprive plaintiff of equal protection of the laws, and that defendants engaged in an overt act.

3:14cv966
Bolden, J.

United States District Court

Uscilla v. Diversified Maint. Sys.

Plaintiff and One Defendant Were Residents of Connecticut

Diversity jurisdiction did not exist, unless all the plaintiffs resided in different states than all the defendants.

3:16cv1878
Meyer, J.

United States District Court

Tillackdharry v. Kerry

Worker Who Involuntarily Resigned had 45 Days to Inform EEO Counselor

A former employee possessed constructive notice of the 45-day limit in which to bring a discrimination claim to an equal employment opportunity counselor, because the 45-day limit was included on an employee bulletin board.

3:14cv611
Shea, J.

Connecticut Appellate Court

State v. Whitnum-Baker

Law Library Customer Allegedly Attempted to Bite State Marshal

Evidence that a law library customer allegedly attempted to bite the arm of a state marshal was sufficient to convict the customer on charges of creating a public disturbance.

AC 38327
Per Curiam

Connecticut Appellate Court

Mourning v. Comm'r of Correction

Ballistics Expert was 'Clear, Coherent, and Believable'

To prevail on a claim of ineffective assistance of counsel, a petitioner was required to prove that trial counsel's performance was deficient and that the deficient performance prejudiced the defense.

AC 37601
Mullins, J.

Connecticut Appellate Court

Hanson v. Comm'r of Correction

Former Attorney Failed to Prove Ineffective Assistance of Counsel

Ample evidence in the record supported the habeas court's conclusion that petitioner, who practiced law approximately 18 years, lacked a claim for ineffective assistance of counsel, because he represented himself pro se and did not hire Attorney Salvatore Bonnano to serve as his counsel.

AC 37389
Bishop, J.

Connecticut Appellate Court

Gooden v. Comm'r of Correction

Petitioner Did Not Prove he Was Entitled to 618 Days of Credit

A petitioner did not prove ineffective assistance of counsel, because counsel failed to ask the trial judge for additional credit at sentencing.

AC 38169
DiPentima, C.J.

Connecticut Appellate Court

State v. Moore

African-American Defendant Did Not Prove Fair Cross-Section Claim

To prevail on a Sixth Amendment fair cross section claim, defendant was required to prove that jurors were systematically excluded on the basis of race.

AC 38624
Keller, J.

State Elections Enforcement Commission

Complaint by: Jackson

Use of School Cafeteria as Polling Station Did Not Violate §9-236(c)

A school cafeteria could be used as both a cafeteria and as a polling station, provided that physical barriers and signs separated the polling station, and the polling station was continuously monitored.

2016-042
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Fydenkevez

Respondent Registrars of Voters Did Not Remove Complainant's Name

A registrar of voters who wrongfully removed a voter's name from the list of registered voters could be fined up to $2,000.

2016-024A
Castagno, Chair

Freedom of Information Commission

Pittman v. Chief, Police Dep't, City of New Haven

New Haven Police Department Did Not Provide Records Promptly

A public agency that did not provide a copy of a public record for almost seven months did not comply with "promptness" requirements in the Freedom of Information Act.

FIC 2016-0201
Freedom of Information Commission

Freedom of Information Commission

Minor v. Mayor, City of Bristol

Letter of Intent to Purchase Land Was Exempt as a 'Preliminary Draft'

Municipal respondents were not required to disclose a hospital's "letter of intent" to purchase municipal property, because negotiations remained incomplete and the "letter of intent" qualified as a "preliminary draft."

FIC 2015-880
Freedom of Information Commission

Freedom of Information Commission

Miller v. Riddick

Inmate with $44 in Prison Account Not Entitled to Free Copies

An inmate with $44 in his prison account did not qualify as indigent and was not entitled to free copies.

FIC 2016-0105
Freedom of Information Commission

Freedom of Information Commission

Howell v. Comm'r, Dep't of Labor

Tipster Requested Information about Results of DOL Investigation

The Department of Labor was not required to disclose the results of an investigation about possible unemployment fraud, if the disclosure would identify specific individuals.

FIC 2016-0210
Freedom of Information Commission

Freedom of Information Commission

Halbig v. Comm'r, Dep't of Emergency Serv. and Public Prot.

State Police To Disclose Dashboard Camera Tape from Sandy Hook Shooting

The tapes from dashboard cameras of police officers who responded to the Sandy Hook Elementary School shooting in Dec. 2012 were not exempt from disclosure.

FIC 2015-786
Freedom of Information Commission

Waterbury J.D., at Waterbury

Robinson-Maresca v. Comm'r, Dep't of Children and Families

DCF Commissioner Did Not Violate Mother's Privacy

The Department of Children and Families' release of information concerning the department's investigation of the homicide by blunt force trauma of a 5-month-old child did not include "individually identifiable information" about the child's mother, in violation of Connecticut General Statutes §17a-28.

CV13-6020031
Roraback, J.

New Haven J.D., at New Haven

Harding v. City of New Haven

Plaintiff Alleged City's Repairs Caused her to Slip and Fall

Allegations that defendant municipality's affirmative acts in attempting to repair a sidewalk caused plaintiff's injuries in a slip and fall were sufficient to state a cause of action against the municipality.

CV13-6043154
Alander, J.

Hartford J.D., at Hartford

Audibert v. Halle

Defendant's Closing Argument Did Not Deprive Plaintiff of Fair Trial

A court could set aside a verdict, if defense counsel's comments during closing argument deprived plaintiff of a fair trial.

CV14-6049747
Elgo, J.

New Haven J.D., at New Haven

O'Reilly v. Davis

Attorney Sanctioned $1,739 for False Answer to Discovery

A court could sanction an attorney who allegedly authorized a false answer to discovery interrogatories.

CV13-6037109
Blue, J.

Fairfield J.D., at Bridgeport

Wahlberg v. Zoning Comm'n of the Town of Stratford

Church Applicant Timely Published Notice of Zoning Commission Decision

The applicant was allowed an additional 10 days, within which to publish legal notice, if the zoning commission did not publish notice.

CV16-6056597
Radcliffe, J.

Fairfield J.D., at Bridgeport

Pereira v. Ganim

Bridgeport Mayor Could Fill Vacancies on Board of Education

If the board of education did not fill a vacancy within 30 days, the mayor had the power to appoint a qualified person who was a resident, an elector and a member of the same political party as the person who vacated the board.

CV16-6059229
Bellis, J.

New Britain J.D., at New Britain

State v. Cane

Defendant Moved to Suppress Evidence Found in Protective Sweep

To protect the safety of police officers or others, police could conduct a quick protective sweep without a search warrant.

CR13-0270260
Keegan, J.

Fairfield J.D., at Bridgeport

Daley v. J.B. Hunt Transport

$225,000 Verdict Upheld Although Juror Experienced Memory Problem

A juror's claims that she could not remember reaching and rendering the verdict were insufficient to overturn the verdict.

CV13-6039686
Rush, J.T.R.

New Britain J.D., at New Britain

A.G. Morgan Wealth Mgmt. v. Maccio Fin.

Arbitration Clause Exempted Requests for Injunctive Relief

A court found that the parties' arbitration clause did not require that the parties arbitrate requests for injunctive relief.

CV16-6034158
Wiese, J.

New Haven J.D., at New Haven

Marrero v. Molina

Plaintiff Objected to Disclosure of Personal Medical Records

Medical records of an office visit that took place three months after the subject motor-vehicle accident and that mentioned plaintiff's back injuries were relevant.

CV15-6056042
Blue, J.

Stamford/Norwalk J.D., at Stamford

Sotiropoulos v. Goodyear; Gavrielidis v. Goodyear

Plaintiffs Awarded $14,488 for 2011 Motor-Vehicle Accident

A jury could find that plaintiffs who returned quickly to work following a low-impact motor-vehicle accident were entitled to several months of medical expenses and were not entitled to non-economic damages, for pain and suffering.

CV13-6018135
Lee, J.

Windham J.D., at Putnam

Second Pine Ridge Condo. v. Second Pine Ridge Condo.

Condo Association Only Entitled to Nine Months of Common Charges

Connecticut General Statutes §47-258(b) entitled a condo association that filed a foreclosure action to unpaid common charges due in the nine months prior to the foreclosure action, along with attorney fees and costs.

CV16-6010199
Calmar, J.

Fairfield J.D., at Bridgeport

Terra Mar Constr. v. Andover St. Assoc.

Contractor Lacked Proof Property Owner Agreed to Construction Work

To establish probable cause to file a mechanic's lien, a party that allegedly provided construction work was required to prove it reached agreement either with the owner of the land or a third party with authority from or the right to act for the owner.

CV16-6055748
Krumeich, J.

New Haven J.D., at New Haven

Vaccaro v. U.S. Bank

CUTPA Count Against Bank that Filed Foreclosure Complaint Stricken

Allegations that a mortgagee brought a foreclosure action without ascertaining the status of the note or ensuring that all the paperwork was in order were insufficient to allege an "ascertainable loss," as required to allege a violation of the Connecticut Unfair Trade Practices Act.

CV14-6050373
Fischer, J.

United States District Court

Dineen v. Maine Fish Mkt. Rest.

Servers, Bartenders at Maine Fish Market Won FLSA Class Action

A court could approve the final settlement of a Fair Labor Standards Act class action, if the settlement was fair, reasonable and adequate.

3:15cv1554
Garfinkel, J.

United States District Court

McCullough v. World Wrestling Entm't

Family Did Not Prove that Wrestling Matches Caused Death

Allegations that defendant World Wrestling Entertainment created a dangerous work environment for wrestlers, that plaintiffs' decedents were injured and that those injuries directly caused the deaths of plaintiffs' decedents, were insufficient to allege a cause of action for wrongful death.

3:15cv1074
Bryant, J.

United States District Court

Benjamin v. Colvin

ALJ Wrongly Discounted Opinion of Claimant's Treating Physician

An administrative law judge's decision to discount a treating physician's opinions on a claimant's need for frequent work breaks as a result of back pain did not comport with the treating physician rule.

3:15cv1772
Shea, J.

United States District Court

Gaul v. City of New Haven

Former Recruit Won Reinstatement to Police Academy Training Class

A court could award the remedy of reinstatement to a plaintiff who proved that he was discharged as a result of age discrimination.

3:14cv558
Meyer, J.

United States District Court

N. River Ins. v. O&G Indus.

Victims of Kleen Energy Explosion Sought Rule 30(b)(6) Depositions

A court could quash or modify a subpoena, to protect a party from annoyance, embarrassment, oppression or undue burden or offense, pursuant to Fed. R. Civ. P. 26.

3:13cv589
Meyer, J.

United States District Court

Smith v. Elm City Freddy Fixer Parade

Pro Se Plaintiff Sued Freddy Fixer Parade on Behalf of Corporation

An individual plaintiff was not allowed to represent a corporate entity in Connecticut district court.

3:16cv574
Bryant, J.

United States District Court

Pierce v. Pillai

Delay in Furnishing MRSA News Did Not Violate 14th Amendment Rights

To prevail on a claim that prison officials wrongly withheld medical information, in violation of the 14th Amendment and 42 United States Code §1983, plaintiff was required to prove he would have refused the treatment, if he had been informed.

3:14cv1477
Bryant, J.

United States District Court

Lue v. Princess

Inmate Who Allegedly Fell Did Not Prove Deliberate Indifference

To prevail on his Eighth Amendment claim, plaintiff inmate was required to prove that his medical need was serious and that defendants acted with a culpable state of mind.

3:15cv633
Squatrito, J.

Connecticut Supreme Court

Holston v. New Haven Police Dep't

Cop Timely Filed One Claim for Heart-and-Hypertension Benefits

A police officer met requirements for workers' compensation benefits, because he passed his pre-employment exam, he suffered a myocardial infarction that was caused by heart disease, and he timely filed a claim for heart-and-hypertension within four days of the myocardial infarction.

SC 19631
Eveleigh, J.

Connecticut Supreme Court

State v. Bouknight

Any Error in Admitting Facebook Photo Constituted Harmless Error

A court could find that any error in admitting a Facebook photo that appeared to match the description of the alleged shooter constituted harmless error.

SC 19326
Eveleigh, J.

State Elections Enforcement Commission

Complaint by: Hall

DOC Denied the Right to Vote to Inmate who Was not yet Convicted

Correction workers at Northern Correctional Institution violated Connecticut General Statutes §9-135(b) when they effectively denied an inmate who had not yet been convicted of a felony of the right to vote.

2015-003
Castagno, Chair

Department of Environmental Protection

In the Matter of Dowling

Hearing Officer Overruled Order to Cease Work on Historic Home

Connecticut General Statutes §22a-108 did not permit the Department of Energy and Environmental Protection to issue an order to a municipal zoning commission, to force it to defend its conduct.

LIS-2015-3744-V
Schain, Chair

Compensation Review Board

Williams v. City of New Haven

Prior Ruling on Grievance Complaint Did Not Preclude Workers' Comp Claim

A workers' compensation trial commissioner had jurisdiction to hear claimant's allegation that his municipal employer violated Connecticut General Statutes §31-290a, even though his union filed a grievance and arbitrators concluded in a separate matter that the city had just cause to discharge.

6050 CRB 3-15-10
Mastropietro, with Walker and Salerno

Compensation Review Board

Gould v. City of Stamford

Part-Time Work for LLC Was not Included in Average Weekly Wage

A worker who was injured when working for a municipality was not entitled to include income in his average weekly wage that he obtained from his part-time work for his own limited liability company.

6063 CRB 7-15-12
Walker, with Salerno and Truglia

United States Court of Appeals for the Second Circuit

Menendez v. Lynch

Immigration Judge Reasonably Found Petitioner Was not Credible

Evidence that petitioner allegedly provided conflicting statements about why law enforcement agencies mistakenly believed that he was Mexican could provide grounds to deny his application for asylum and withholding of removal.

15-509

Middlesex J.D., at Middletown

CLW Real Estate Dev. v. SAB Constr. Mgmt.

Court Discharged $115,000 Mechanic's Lien Filed by Construction Manager

A court could discharge a mechanic's lien for site development work and subdivision work, if defendant did not provide any site development or subdivision work.

CV16-6016221
Aurigemma, J.

Fairfield J.D., at Bridgeport

Chalecki v. St. Vincent's Med. Ctr.

Alleged Victim of Sexual Assault Sought HIV-Related Info

Connecticut General Statutes §19a-583 generally barred the disclosure of confidential HIV-related information, absent "a clear and imminent danger" to health.

CV15-6051521
Arnold, J.

Waterbury J.D., at Waterbury

Lord v. Region Probate Dist. #22 Southbury

Motion to Withdraw as Counsel of Distrustful Client Granted

Absent evidence of a material adverse effect on the client, a court could permit an attorney to withdraw as counsel, as a result of evidence that the attorney-client relationship broke down.

CV15-6026379
Brazzel-Massaro, J.

New Britain J.D., at New Britain

656 Toll Gate Rd. v. Town of Berlin Zoning Bd. of Appeals

ZBA Denied Request to Use Former Restaurant as Two-Family Dwelling

Substantial evidence existed that a nonconforming use of property as an inn and restaurant was superseded by a conforming use as a single-family residence.

CV15-6030452
Tanzer, J.T.R.

Stamford/Norwalk J.D., at Stamford

Bradley v. Norwalk Hosp.

Author of Written Medical Opinion Lacked Experience in Colonoscopies

Absent evidence that he performed colonoscopies, a doctor who was board certified in internal medicine and who provided a written opinion about negligence did not qualify as "a similar health care provider" to defendant doctor, a gastroenterologist.

CV15-6026375
Lee, J.

New London J.D., at Norwich

Kuerbitz v. Kuerbitz

Father to Pay $40 per Week to Support Disabled Adult Child

A court could order the parent of an adult child who was diagnosed with a disability to continue to pay child support.

FA09-4110969
Connors, J.

New Britain J.D., at New Britain

Pepaj v. 418 Farmington

Building Manager Alleged Owner Agreed to Pay $2,000 per Month

A worker who alleged that an owner breached a contract and did not pay his wages could possess a cause of action under Connecticut General Statutes §31-72.

CV14-6029349
Shortall, J.T.R.

New Britain J.D., at New Britain

Smith v. William

Plaintiff with 6 Percent Permanent Disability Won $31,433

A court could award economic damages for medical expenses and lost wages and non-economic damages for pain and suffering.

CV14-6027374
Young, J.

Waterbury J.D., at Waterbury

State v. Cannon

65 Years for Allegedly Beating and Stabbing Wife Affirmed

An individual who allegedly murdered his wife and attempted to conceal his crime could be sentenced to 65 years in prison.

CR13-390174
Ginnocchio, J., Vitale, J., and Alexander, J.

Hartford J.D., at Hartford

Adams v. Fuentes

Allegedly Plaintiff Falsely Claimed that he Was in Hospital

A court could sanction a party who allegedly made a false representation that he could not make it to court, because he was ill.

CV15-6057848
Robaina, J.

New Britain J.D., at New Britain

Bramato v. Bd. of Firearms Permit Exam'rs

Victim Alleged Gun Permit Applicant Vandalized her Home

The Board of Firearms Permit Examiners could affirm the decision of a police chief who found that an individual who applied for a firearms permit did not meet suitability requirements.

CV16-6032798
Schuman, J.

United States District Court

Moore v. Ferron-Poole

Black Female Protested Hiring of Equally Qualified Hispanic Female

Although hiring managers recommended that decision makers promote plaintiff, who was African-American and decision makers selected a candidate who was Hispanic, plaintiff failed to prove that her credentials were so superior to those of the Hispanic candidate as to raise an inference of discriminatory selection.

3:14cv1540
Eginton, J.

United States District Court

Konstantinidis v. First Student

Mechanic Did Not Prove Workers' Compensation Discrimination

The fact that defendant employer lost the contract upon which plaintiff's employment depended constituted a legitimate business reason for defendant not to reinstate plaintiff's employment.

3:14cv844
Meyer, J.

United States District Court

Bayan v. Sullivan

Iranian Did Not Prove UConn Health Center Boss Discriminated

Defendant articulated a nondiscriminatory rationale for plaintiff's discharge, based on serious concerns about his conduct, and plaintiff failed to prove that rationale constituted a pretext for discrimination on the basis of nationality and religion.

3:14cv528
Bolden, J.

United States District Court

Markey v. Ditech Fin.

Homeowner Adequately Alleged Defendants Induced Reliance

Allegations that defendants promised that they would timely complete the process to propose a permanent loan modification, if plaintiff provided pertinent information, were sufficient to allege a clear and definite promise that could reasonably be expected to induce reliance.

3:15cv1711
Shea, J.

United States District Court

Kemp-Delisser v. St. Francis Hosp. and Med. Ctr.

Class Action Underfunded Pension Case Settled for $107 Million

A court could approve a proposal to settle a class action, if the settlement was fair, adequate and reasonable.

3:15cv1113
Bolden, J.

United States District Court

All Phase Steel Works v. PAC Group

General Contractor on JCC and CCSU Projects Entitled to Setoff

The Bankruptcy Court could grant the right to setoff if the requestor was entitled to setoff as a matter of Connecticut law, the right to setoff arose pre-petition and was mutual and setoff was not incompatible with the Bankruptcy Act.

3:16cv844
Meyer, J.

United States District Court

Ortiz v. Colvin

Plaintiff Won Fees of $7,720 under Equal Access to Justice Act

A party who prevailed in a civil action against the government could be entitled to attorney fees and costs pursuant to the Equal Access to Justice Act.

3:15cv956
Merriam, J.

Connecticut Appellate Court

In re Jacquelyn

Mom Not Entitled to Canvass Prior to Transfer of Guardianship

Although parents must be canvassed prior to any trial for termination of parental rights, so that the court can explain the trial process and the parents' rights, parents were not entitled to a canvass prior to a transfer of guardianship.

AC 39013
Beach, J.

Connecticut Appellate Court

Flomo v. Comm'r of Correction

Petitioner Did Not Prove Counsel Provided Ineffective Assistance

Petitioner had the burden to prove that defense counsel's representation fell below an objective standard of reasonableness and that a reasonable probability existed that, but for defense counsel's errors, petitioner would not have pled guilty and would have proceeded to trial.

AC 38010
Prescott, J.

State Elections Enforcement Commission

Complaint by: Soto

National Rifle Association PACS Did Not Violate Election Laws

A Connecticut National Rifle Association PAC properly disclosed donations from small contributors that met the requirements of Connecticut General Statutes §9-608.

2016-098
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Grandbois

Citizen Used Family's Business Address when he Registered to Vote

A citizen was required to use his actual residential address when he registered to vote, and he was not permitted to use his business address.

2015-156
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Feshler

Democrat Complained he Was Registered as a Republican

An individual who registered to vote was responsible to make certain that the information in his application was correct, before he submitted his application.

2016-025
Castagno, Chair

Statewide Grievance Committee

Waterbury J.D. v. Serafinowicz

Attorney Who Allegedly Stalked Friend Could Violate Rule 8.4(2)

An attorney who allegedly stalked a friend could violate Rule 8.4(2) of the Rules of Professional Conduct, which barred criminal conduct.

15-0599
Freedman, Slossberg, Esq. and Goulden, Esq.

Statewide Grievance Committee

Lebouitz v. McLaughlin

New Milford Lawyer Who Allegedly Lacked Diligence Was Reprimanded

The Statewide Grievance Committee could discipline an attorney who allegedly was not diligent, in violation of Rule 1.3 of the Rules of Professional Conduct.

16-0027
Shugarts and Sullivan, Esq.

Statewide Grievance Committee

Gachette v. Brown

Attorney Who Did Not Answer Grievance Complaint Was Reprimanded

The Statewide Grievance Committee could discipline an attorney who allegedly did not file an answer to a grievance complaint or letters from disciplinary counsel.

15-0716
Summa, Esq., Matthews and Golger, Esq.

Statewide Grievance Committee

Adams v. Shehu

Reviewing Committee Did Not Abuse Discretion when it Issued Reprimand

An attorney who allegedly indicated that he would not file a grievance complaint, if he received $70,000 to settle his claim, could violate Rule 8.4(4) of the Rules of Professional Conduct.

13-0483

United States Court of Appeals for the Second Circuit

Sec. and Exchange Comm'n v. I-Cubed Domains

Preliminary Injunction that Froze up to $118M in Assets Upheld

The district court could issue a preliminary injunction to prevent the dissipation of assets by defendant, defendant's wife and relief defendants.

15-2658-cv

United States Court of Appeals for the Second Circuit

Nino v. Doenges

Genuine Issue on Whether Plaintiff Provided Consent to Search

Because a genuine issue of material fact existed on whether plaintiff provided consent to search her home, and the district court's decision was not final, the Second Circuit lacked jurisdiction over defendants' interlocutory appeal.

15-3530-pr

Hartford J.D., at Hartford

Szymonik v. Szymonik

Father Attempted to Disqualify Mother's Attorney

The conduct of mother's attorney at a planning and placement team meeting was not relevant or material in a family-law case.

FA06-4027147
Nastri, J.

Hartford J.D., at Hartford

Reiss v. Reiss

Former Wife Moved to Seal Divorce File to Protect Business Enterprise

Connecticut General Statutes §46b-11 permitted records in a "family relations matter" to be sealed, if the court found that the "welfare of any children involved or the nature of the case so requires."

FA16-6065973
Bozzuto, J.

Windham J.D.

Brais v. Mahey

ZEO Awarded $2,850 in Attorney Fees and Costs for Zoning Violation

A court could award attorney fees and costs to a municipal zoning enforcement officer who proved that a zoning violation took place.

CV16-6010225
Boland, J.

Fairfield J.D., at Bridgeport

Popp v. Hartford Underwriters Ins.

Tractor Driver Not Excluded from Underinsured-Motorist Benefits

Because plaintiff's tractor did not qualify as a motor vehicle, Connecticut law did not authorize its exclusion from underinsured-motorist coverage.

CV15-6051059
Arnold, J.

New Britain J.D., at New Britain

Kaestle Boos Assoc. v. City of New Britain

Disappointed Bidder Did Not Produce Evidence of Favoritism

A bidder that alleged it was the lowest responsible and qualified bidder lacked standing to bring an action, unless it produced evidence of favoritism, fraud or corruption.

CV16-6034632
Young, J.

Hartford J.D., at Hartford

Meyers v. Meyers

Couple who Flipped Houses Fought about Finances and Kids

A court could find that a marital relationship broke down as a result of differences in parenting styles and fights about money.

FA15-6064033
Ficeto, J.

New London J.D., at Norwich

Lallier v. Lallier

Disabled Parties Equally at Fault for Breakdown of Marriage

A court could find the parties were equally at fault for the breakdown of their marriage, because of their "addictive intoxicating behavior resulting in physical injury, arrests and huge financial waste."

FA16-5103622
Diana, J.

Hartford J.D., at Hartford

In re Jesiah

DCF Did Not Prove Infant Was in Immediate Physical Danger

For a court to sustain an order of temporary custody, it must find that the Department of Children and Families proved, by a fair preponderance of the evidence, that a minor child would be subjected to immediate physical danger, if returned to the custody of a parent.

H12-CP16-016629-A
Gilligan, J.T.R.

Fairfield J.D., at Bridgeport

Picone v. Aquarion Water Co.

Long-Time Worker Did Not Prove Employer Violated C.G.S. §31-51q

Connecticut General Statutes §31-51q provided that an employer who discharged a worker as a result of the employee's exercise of First Amendment rights could be legally responsible for damages.

CV15-6050419
Kamp, J.

New London J.D., at New London

Dickerson v. Dunleavy

Kindergartner Did Not Prove Intern Intended to Assault Him

A minor child failed to raise a genuine issue of material fact that demonstrated intentional or malicious conduct constituting assault by an intern at his kindergarten.

CV15-6025052
Vacchelli, J.

Fairfield J.D., at Bridgeport

Jones v. Fleur

Plaintiff Awarded $11,200 for Second Motor-Vehicle Accident

A court could award economic damages for medical expenses and non-economic damages for pain and suffering, even if plaintiff had experienced another accident a month earlier.

CV15-6053227
Arnold, J.

Tolland J.D., at Rockville

Banks v. Warden

Lack of Salamon Instruction about Kidnapping was Harmless

No reasonable juror would find that petitioner did not kidnap his victims, to prevent them from immediately reporting to police that he had committed a robbery.

CV14-4005928
Sferrazza, J.

New Haven J.D., at Meriden

Am. Builders and Contractors Supply Co. v. Roofing by Classic Restorations

Defendant Claimed Plaintiff Did Not Deliver Copper to Correct Business

A court could credit a driver's testimony that he correctly delivered a shipment of copper to defendant's business.

CV14-6007487
McNamara, J.

Stamford/Norwalk J.D., at Stamford

Mihok v. Medtronic

Administratrix Failed to Allege CUTPA Claim for Catheter that Broke

Allegations that as a result of defendants' misrepresentations and nondisclosures, plaintiff paid a higher price for a medical catheter were insufficient to allege a claim for violation of the Connecticut Unfair Trade Practices Act.

CV14-6023001
Povodator, J.

Fairfield J.D., at Bridgeport

The Lawyers Grp. Adver. v. Law Offices of Craig A. Altman

Lawyers Did Not Move to Dismiss within 30 days of Filing Appearance

A motion to dismiss for insufficiency of process must be filed within 30 days of the filing of an appearance, pursuant to Practice Book §10-30(a)(b).

CV16-6055687
Krumeich, J.

New Haven J.D., at New Haven

Beyond Home Care Staffing Serv. v. Family Care Visiting Nurse and Home Care

Company Claimed it Refused to Rely on Allegedly False Statements

To prevail on fraud, plaintiff was required to prove a false representation that was made as a statement of fact and that plaintiff relied on to plaintiff's detriment.

CV15-6058438
Blue, J.

United States District Court

Sellers v. First Student

Driver of 33 Years Alleged Bus Company Targeted Older Black Men

Allegations that an employer targeted and discharged older African-American men were insufficient, without more, to prove discrimination on the basis of race.

3:16cv236
Hall, J.

United States District Court

Green v. Cellco

Verizon Worker Established Prima Facie Case of Discrimination

To establish a prima facie case, plaintiff was required to prove he was disabled within the meaning of the ADA, he was otherwise qualified to perform essential functions and he suffered adverse employment action because of his disability.

3:15cv288
Meyer, J.

United States District Court

Solman v. Corl

Pro Se Plaintiff Won Motion to Compel in 1st Amendment Case

Rule 26(b) provided that parties could obtain discovery concerning any nonprivileged matter that was relevant to a claim and proportional to the needs of the case.

3:15cv1610
Merriam, J.

United States District Court

Smulley v. Mutual of Omaha Bank

RICO Plaintiff Won Motion to Amend Complaint, Add Defendants

Fed. R. Civ. P. 15 provided that the court "should freely give leave [to amend] when justice so requires."

3:14cv997
Meyer, J.

United States Bankruptcy Court

In re Adams

United States Trustee Alleged Deceased Debtor Committed Fraud

If one of the defendants passed away, the United States Trustee could file a motion to substitute within 90 days of the date that defendants' counsel filed a notice of deceased debtor.

14-05064
Manning, J.

Connecticut Appellate Court

Olson v. Mohammadu

Dr. Did Not Prove Trial Court Wrongly Denied Motion to Modify

When ruling on defendant's motion to modify alimony, the trial court could consider changes in incomes since the time of the divorce, which constituted the start point for the trial court's analysis of the parties' incomes.

AC 37216
Alvord, J.

Connecticut Appellate Court

State v. Andriulaitis

Dad Protested Conviction for Yelling and Use of Profanity

Evidence that defendant father allegedly yelled profanities in an angry and visibly threatening manner to deter his child from entering the family home was sufficient to prove that defendant engaged in disorderly conduct.

AC 38367
Flynn, J.

Freedom of Information Commission

Townsend v. Comm'r, Dep't of Public Health

Complainant Requested Information about Gender of Conn. Paramedics

An agency that allegedly waited 11 months to answer a request for records could violate the promptness provisions in the Freedom of Information Act.

FIC 2015-787
Freedom of Information Commission

Freedom of Information Commission

Fernandez v. Animal Control Officer, Town of Seymour

Town Did Not Keep Records About Dog Named 'Boo Boo'

A public agency might not be required to provide records, in response to a Freedom of Information request, if the agency did not possess any responsive records.

FIC 2016-0104
Freedom of Information Commission

Freedom of Information Commission

Dobson v. Chairman, Dep't of Energy and Environmental Protection

Attorney-Client Privilege Protected DPUC Attorney's Emails

A state agency was not required to disclose an attorney's emails, if the emails were protected by attorney-client privilege, pursuant to Connecticut General Statutes §1-210(b)(10).

FIC 2015-0056
Freedom of Information Commission

Board of Mediation and Arbitration

Town of E. Hartford and CSEA, Local 2001

Suspension of Building Inspector for Three Days was Overly Harsh

Arbitrators could reduce a suspension of a municipal worker that was overly harsh. Because a municipal inspector violated one part of the building code once, and he previously had received a written warning, a one-day suspension was merited.

2010-A-0800
Gnocchi, Esq., Ryan and Shea

United States Court of Appeals for the Second Circuit

Giammarco v. Kerlikowske

Petitioner Sought to Re-Enter, to Testify Before Judiciary Committee

The district court lacked jurisdiction over a habeas petition that sought to challenge the discretionary decisions of immigration officials.

16-1109-pr

United States Court of Appeals for the Second Circuit

United States v. Clark

Defendant Did Not Prove Evidentiary Rulings were Manifestly Erroneous

Defendants failed to prove that evidentiary rulings were manifestly erroneous, or that evidence submitted affected their substantive rights.

14-4656-cr

United States Court of Appeals for the Second Circuit

Vogel v. CA

Account Director Alleged Boss Retaliated After he Complained

Allegations that soon after plaintiff made a complaint to human resources plaintiff's boss made jokes about him, yelled at him, called him names, said that he did not want plaintiff on his team and removed plaintiff from meetings were sufficient to allege a prima face case of retaliation.

14-3723 and 15-3797

New Britain J.D., at New Britain

Acerbo v. Town of Columbia

Equipment Used to Trim Trees Qualified as 'Farm Machinery'

Equipment that was used to trim or to cut trees qualified as forest machinery and as "farm machinery" pursuant to Connecticut General Statutes §12-91.

CV14-6026155
Schuman, J.

Stamford/Norwalk J.D., at Stamford

S&E Prop. v. 587 CT Ave.

Plaintiff Alleged its Adverse Use Extinguished Parking Easement

Allegations that plaintiff and its predecessors openly and notoriously used an easement for parking, without interference or intrusion, for 15 years and prevented defendant from using the parking were sufficient to state a claim for adverse use that extinguished an easement.

CV15-6026730
Heller, J.

Stamford/Norwalk J.D., at Stamford

Zhou v. Zhang

Husband Signed Nondisclosure Contract, Won Motion to Seal Docs

In a family-law case, a court could grant a motion to seal documents and to close the courtroom, to protect an employer's trade secrets and a party's interests in continued employment.

FA13-4026445
Tindill, J.

Hartford J.D., at Hartford

Oliveira v. Drangenis

Invitee Alleged Another Guest Discharged Confetti Gun into Ear

Allegations that plaintiff went to defendants' home to play basketball and that defendants negligently provided another guest with a confetti gun, without warning the other guest about its safe operation or plaintiff about the possible danger, were sufficient to allege that defendants were negligent.

CV15-6059841
Noble, J.

Stamford/Norwalk J.D., at Stamford

Francois v. Nikiforides

Owner Awarded $6,850 After Defendant Struck 2005 Acura TSX

A court could award damages for motor-vehicle repairs as a result of a parking accident.

CV16-6027643
Povodator, J.

Hartford J.D., at Hartford

DeSalle v. Wal-Mart Stores

WalMart's Seat-Belt Defense Not Barred in Motor-Vehicle Accident

The State of Florida had the most significant connection with the location and parties in a motor-vehicle accident.

CV11-6032094
Moll, J.

Stamford/Norwalk J.D., at Stamford

City of Norwalk v. Maraglino

Parties Disputed Existence of Valid, Nonconforming Use of Property

A court could deny a request for a temporary injunction that was not designed to preserve the status quo and that was tantamount to the ultimate relief requested.

CV15-6026175
Heller, J.

Fairfield J.D., at Bridgeport

Bastarache v. Town of Stratford Zoning Bd. of Appeals

ZBA Properly Granted Variance to Build New Beachfront Cottage

The zoning board's decision to grant a variance to permit a beachfront cottage to be built after the owner's former cottage was destroyed during a northeaster was not arbitrary, capricious or an abuse of discretion.

CV16-6054797
Krumeich, J.

Hartford J.D., at Hartford

Tindall v. Travelers

Homeowners Adequately Alleged Bad-Faith Insurance Practices

Allegations that defendant insurer cited inapplicable policy provisions, with intent to mislead plaintiff homeowners and to benefit defendant, were sufficient to state a claim for violation of the covenant of good faith and fair dealing.

CV15-6061108
Peck, J.T.R.

New Britain J.D., at New Britain

Brown v. New Britain Bd. of Education

Teacher who Contacted OSHA Did Not Prove BOE Violated §31-51q

Connecticut General Statutes §31-51q barred an employer from disciplining a worker, because of the worker's exercise of rights under the First Amendment.

CV11-6011012
Morgan, J.

Tolland J.D.

Mercado v. Warden

Evidence of Petitioner's Guilt in Murder was Overwhelming

Evidence that petitioner committed the murder, which included petitioner's voluntary confession and forensic evidence and testimony, was overwhelming.

CV13-4005221
Sferrazza, J.

Stamford/Norwalk J.D., at Stamford

Bongiorno v. J&G Realty

Minority Shareholder Did Not Allege Valid CUTPA Claim

The Connecticut Unfair Trade Practices Act did not apply to internal corporate disputes.

CV12-6014465
Tierney, J.T.R.

Middlesex J.D., at Middletown

Advanced Copy Tech. v. Wiegman

Company Alleged Competitor Hired its Former Worker, Violated CUTPA

Proof of an "ascertainable loss" was required to state a viable claim under the Connecticut Unfair Trade Practices Act.

CV15-6013794
Vitale, J.

New London J.D., at New London

Town of Ledyard v. WMS Gaming

Town Entitled to Fees for Foxwoods Casino Property Tax Collection Case

Connecticut General Statutes §12-161a provided in pertinent part for the payment of "reasonable attorney's fees incurred by such municipality as a result of and directly related to such levy and sale, enforcement of lien or other collection proceedings."

CV08-5007839
Vacchelli, J.

United States District Court

Jacobs Private Equity v. Doe

Defendant Ordered to Refrain from Transfer of or Use of Domain Name

Although a court might deny a request to seize a domain name, it could enjoin the transference of or use of the domain name.

3:16cr1705
Hall, J.

United States District Court

Liston-Smith v. CSAA Fire and Cas. Ins.

Owners Adequately Alleged General Business Practice of Denying Claims

Allegations that defendant insurance company denied meritorious claims about deteriorating concrete in basements were sufficient to allege a general business practice for purposes of CUIPA and CUTPA.

3:16cr510
Hall, J.

United States District Court

United States v. Yuktanon

Defendant to Pay Restitution of $2.39 Million at Rate of $500/Month

A court could order a criminal defendant to pay restitution to victims.

3:16cr12
Underhill, J.

United States District Court

Zahoruiko v. Metcalf

Plaintiff's FDCPA Claims Arose out of Commercial Lease Payments

The federal Fair Debt Collection Practices Act did not extend to civil actions that arose out of commercial debts.

3:15cv42
Bryant, J.

United States District Court

Held v. Performance Lacrosse Grp.

Court Approved Lacrosse Helmet Settlement, Plus Attorney Fees

A court could approve a proposal to settle a class action, if the settlement was reached by counsel after arm's length negotiation and was fair, adequate and reasonable.

3:14cv1842
Garfinkel, J.

United States District Court

Gulley v. Semple

Request For TRO Was Moot Following Inmate's Transfer to Another Facility

An inmate's request for a temporary restraining order was moot, because of his transfer to a different correctional facility.

3:16cv425
Shea, J.

United States District Court

Gary v. Jackson

Inmate with Pneumonia and MRSA Infection Sued Corrections Worker

At most, plaintiff inmate's complaint alleged that defendant corrections worker was negligent, which was insufficient to state a civil-rights claim under 42 United States Code §1983.

3:16cv874
Underhill, J.

Connecticut Appellate Court

State v. Baltas

Any Error in Admitting Defendant's Statement Was 'Harmless Error'

A court could find that any error in admitting defendant's statement was harmless, as a result of overwhelming evidence of guilt.

AC 37921
Lavine, J.

Connecticut Appellate Court

State v. Campbell

Trial Court Rejected Insanity Defense to Attack with Hammer

The trial court was not required to credit the testimony of a psychologist that defendant was unable to control his conduct in a meaningful or willful way, if the psychologist's trial testimony differed from that of his previous reports.

AC 38763
DiPentima, J.

Connecticut Supreme Court

Price v. Indep. Party of CT-State Cent.

1st Impression on 'Election Official' in General Statutes §9-323

Officials administering minor party caucuses did not qualify as "elected officials" for purposes of Connecticut General Statutes §9-323.

SC 19769
Palmer, J.

Statewide Grievance Committee

New Haven Judicial Dist. v. Malafronte

Allegedly Attorney Did Not Obtain and Record Release of Mortgage

A real estate lawyer who allegedly did not obtain and record a release of mortgage was not competent and diligent, in violation of Rules 1.1 and 1.3 of the Rules of Professional Conduct.

15-0470
Summa, Esq., Matthews and Golger, Esq.

Statewide Grievance Committee

Collins v. McCabe

Local Panel Found Probable Cause NY Attorney Violated Rule 5.5(a)

An attorney who allegedly engaged in the unauthorized practice of law could violate Rule 5.5(a) of the Rules of Professional Conduct.

16-0283
Shugarts and Sullivan, Esq.

Statewide Grievance Committee

Bowler v. Willcutts

Allegedly Attorney Misused his IOLTA Account, Commingled Funds

An attorney who allegedly misused his IOLTA account and commingled his own funds could violate Rule 1.15 of the Rules of Professional Conduct.

15-0490
Summa, Esq., Matthews and Golger, Esq.

Statewide Grievance Committee

Bowler v. Di Sorbo

Attorney Lacked Adequate Explanation for Lack of Funds in IOLTA Account

An attorney who lacked sufficient funds in his IOLTA account could violate Rule 1.15(b) of the Rules of Professional Conduct.

15-0687
Summa, Esq., Matthews and Golger, Esq.

United States Court of Appeals for the Second Circuit

United States v. Um

Defendant Sentenced to 192 Months Not Entitled to Reduction

Following the enactment of amendments to the United States Sentencing Guidelines that lowered the guidelines ranges of some individuals convicted of narcotics crimes, defendant's original sentence remained below that of the amended guidelines range.

15-3245 and 15-3307

Fairfield J.D., at Bridgeport

Soto v. Bushmaster Firearms Int'l

Sandy Hook Victims Failed to Allege Negligent Entrustment, CUTPA Claims

Congress found that the civilian population was competent to purchase and to possess the AR-15 rifle, and the court rejected claims that defendant gun manufacturers negligently entrusted the rifles to civilians.

CV15-6048103
Bellis, J.

Fairfield J.D., at Bridgeport

Peeples v. N. End Baseball League of Bridgeport

Pres. of Bridgeport Little League Shielded by Volunteer Protection Act

The president of a little league association, as a volunteer acting for a nonprofit entity, was entitled to immunity in connection with a player's injury, pursuant to 42 United States Code §14503(a) of the Federal Volunteer Protection Act.

CV15-6047702
Krumeich, J.

New Britain J.D., at New Britain

Austin v. Safeco Ins. Co. of Illinois

Bystander Claim Was Extinguished when Relative's Claim Was Settled

A cause of action for bystander emotional distress, a derivative claim, was extinguished upon defendant insurance company's settlement of a relative's claim.

CV15-6030171
Young, J.

Middlesex J.D., at Middletown

Kirkpatrick v. Shickel

Defense Motion to Disqualify Law Firm of Gould Larson Denied

Allegations that a since deceased member of plaintiffs' law firm represented one or more of the defendants 32 years ago was insufficient to allege a conflict of interest.

CV15-6013773
Aurigemma, J.

Fairfield J.D., at Bridgeport

Success v. Zoning Comm'n of the Town of Stratford

Competitor Objected to Plan to Open Former Bar and Restaurant

Substantial evidence in the record supported the decision of the zoning commission to approve a special case application to open a neighborhood bar and restaurant.

CV16-6054518
Radcliffe, J.

New Haven J.D., at New Haven

Coleman v. Kootz

State Police Trooper Entitled to Immunity in Negligence Suit

Sovereign immunity barred plaintiff's allegation that a state police trooper in his official capacity was negligent when operating his state police cruiser.

CV13-6038910
Alander, J.

Hartford J.D., at Hartford

Am. Rock Salt Co. v. Dep't of Admin. Serv.

State Immune on Company's Claim it Failed to Pay for Salt

An action for reimbursement of rock salt provided to the State of Connecticut did not fall within the waiver of sovereign immunity in the Connecticut General Statutes and was barred by sovereign immunity.

CV16-6065049
Scholl, J.

New Haven J.D., at New Haven

Corrigan v. Corrigan

Mom in Contempt for Signing Child up for Elite Science Magnet School

A mother violated a clear court order, when she enrolled a child in an elite science magnet school, without the father's knowledge and consent.

FA14-4061257
Shluger, J.

New Haven J.D., at New Haven

Bentahir v. Loukrassi

Moroccan Wife of Six Years Awarded Marital Residence and $150 per Week

A court could consider the parties' incomes, education, health, assets, and sources of support when it distributed marital assets.

FA16-5036773
Shluger, J.

New London J.D., at Norwich

Allard v. Allard

Husband Allegedly Admitted to Sexual Relations with 1,000 Women

A court could find one party at greater fault for the breakdown of the marital relationship, because he allegedly admitted that he was a sex addict and had had sexual relations with 1,000 women in four years.

FA15-5102843
Diana, J.

Waterbury J.D., at Waterbury

Williams v. Parker

Plaintiff Awarded $13,790 for Alleged Punch in Mouth

A court could award economic damages for medical expenses and non-economic damages for pain and suffering to an individual who allegedly sustained a punch in the mouth.

CV14-6024958
Sheedy, J.T.R.

Fairfield J.D., at Bridgeport

Rodriguez v. Gutierrez-Borrientos

42-Year-Old with 5 Percent Partial Disability Awarded $22,500

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual injured in a motor-vehicle accident.

CV15-6051486
Kamp, J.

Hartford J.D., at Hartford

Randle v. Moura

Driver and Passenger Awarded $12,555 for Accident with Plow

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, for a motor-vehicle accident with a plow.

CV13-6046317
Epstein, J.

Fairfield J.D., at Bridgeport

Ortigoza v. Stewart Amusement Co.

Invitee who Slipped on Stairs that Lacked Handrail Awarded $52,000

A jury could award damages for medical expenses and pain and suffering that resulted from a slip and fall and reduce the award 50 percent as a result of plaintiff's negligence.

CV14-6041806
Rush, J.T.R.

New Haven J.D., at New Haven

State v. Watson

Defendant Did Not Prove Self-Defense Motivated Stabbing

Evidence that defendant confessed and that defendant stabbed the victim 51 times was sufficient to prove, beyond a reasonable doubt, that defendant committed murder.

CR13-0142561
Cradle, J., O'Keefe, J., and Alander, J.

United States District Court

State Emp. Bargaining Agent Coal. v. Rowland

Court Considered Whether Temp Workers Belonged to Settlement Class

A court could find that "durational" or temporary workers, who were not members of the bargaining unit at the time of discharge, did not belong to the settlement class.

3:03cv221
FitzSimmons, J.

United States District Court

Paul v. Ramos

Probation Worker Immune for Reporting Defendant's Recalcitrance

A Connecticut probation officer who allegedly reported that an individual on probation refused to comply with conditions of probation could be entitled to qualified immunity, in connection with that individual's malicious prosecution complaint.

3:14cv1960
Eginton, J.

United States District Court

Bispham v. Hartford Hosp.

Hospital Worker Did Not Prove Allegations of Age Discrimination

To prevail on allegations of age discrimination, a worker was required to prove that the employer's legitimate, nondiscriminatory business rationale for discharge constituted a pretext for discrimination on the basis of age.

3:14cv1126
Bolden, J.

United States District Court

Roberts v. City of New Haven

Cop Did Not Prove 1st Amendment Retaliation for Letter to Editor

No evidence existed that named defendants possessed speech-related or association-related animosity against plaintiffs, as required to prevail on First Amendment retaliation claims.

3:08cv670
Meyer, J.

United States District Court

Ziemba v. Lajoie

Inmate Alleged DOC Officials Were Deliberately Indifferent to Safety

A prison official's deliberate indifference to a substantial risk of serious harm, such as a cellmate with a history of assaulting and nearly murdering his cellmate, could violate an inmate's rights under the Eighth Amendment.

3:11cv845
Meyer, J.

United States District Court

LHF Prod. v. Does 1 to 11

Movie Producer Requested Discovery in Copyright Infringement Litigation

If plaintiff production company proved good cause, a court could grant its request to serve subpoenas to discover defendants' names and addresses.

3:16cv1689
Meyer, J.

United States District Court

Basilica v. Hawes

Expert Witnesses' Requests for Flat Fees Denied as 'Unreasonable'

A court could require that a party pay a "reasonable fee" for time spent to depose an expert witness, pursuant to Fed. R. Civ. P. 26. The court denied expert witnesses' requests for flat fees for preparing for and going to depositions, because flat fees were discouraged in the Second Circuit.

3:14cv1806
Margolis, J.

United States District Court

InteliClear v. Victor

LLC Won Restraining Order Against Former General Manager

As a result of evidence that plaintiff was likely to succeed on the merits of allegations of breach of fiduciary duty and conversion of property, a court could issue injunctive relief.

3:16cv1403
Arterton, J.

Connecticut Appellate Court

State v. Robles

State Alleged Defendant Grabbed and Groped Teens Walking to School

The trial court possessed jurisdiction to modify a sentence, if the sentence was not within the permissible range, the sentence violated the prohibition against double jeopardy, the sentence was not computed correctly or a different sentencing statute applied.

AC 37881
DiPentima, J.

Connecticut Appellate Court

State v. Lepeska

Ex-Girlfriend Claimed Defendant's Stalking Caused her to Fear for Life

To obtain a conviction for stalking, the state was required to prove that defendant knowingly engaged in a course of conduct that would cause a reasonable person to fear for her physical safety.

AC 37637
Alvord, J.

Connecticut Appellate Court

State v. Holmes

Prosecutor Did Not Deprive Defendant of Right to Fair Trial

The prosecutor's line of questioning did not constitute prosecutorial misconduct and did not deprive defendant of his due-process right to a fair trial, as alleged.

AC 38395
West, J.

Connecticut Supreme Court

Keller v. Keller

Wife who Did Not Provide New Address in Contempt of Court

A party who did not inform a former spouse about a new address could violate Connecticut Practice Book §25-5(a) and be held in contempt of court.

SC 19537
Per Curiam

Board of Mediation and Arbitration

City of Danbury and CACP

City Proved Past Practice in Connection with Fleet Coordinator

A past practice existed in connection with the fleet coordinator assignment, if the practice was unequivocal, clearly enunciated and readily ascertainable over a period of time.

2016-A-0214
Diaz, Franzo and Malse

United States Court of Appeals for the Second Circuit

Worthy-Pugh v. Deutsche Bank Nat'l Trust

Rooker-Feldman Doctrine Barred Allegations Against Bank

The Rooker-Feldman doctrine provided that federal courts lacked subject-matter jurisdiction over claims that sought review of state court judgments.

16-857-cv

Waterbury J.D., at Waterbury

Pinto v. Bushka

Court Overturned Plaintiff's Verdict in Slip and Fall Case

Proof of the presence of ice and snow was insufficient for the jury to find that defendants possessed constructive notice of a defect.

CV13-6017848
Shapiro, J.

Fairfield J.D., at Bridgeport

Lopez v. Morgan Chase Bank

Remax Real Estate Brokers Lacked Duty of Care to Potential Purchaser

Defendant real estate brokers, who marketed the subject property for sale, lacked the duty to keep invitees safe from defects or dangerous conditions, unless the real estate brokers had possession, custody and control of the subject premises or a duty to maintain.

CV14-6046621
Krumeich, J.

Hartford J.D., at Hartford

Szymonik v. Szymonik

Husband Attempted to Disqualify Wife's Attorney

The conduct of plaintiff's attorney at a planning and placement team meeting was not relevant or material in a family-law case.

FA06-4027147
Nastri, J.

Fairfield J.D., at Bridgeport

Hightower v. Hightower

Family Judge Disqualified Herself and Ordered a Mistrial

The fact that defendant consulted with a former law partner of the judge six years after the judge left the practice of law, and that plaintiff later attempted to consult with that former law partner, did not provide grounds to disqualify the judge.

FA11-4037815
Sommer, J.

Waterbury J.D., at Waterbury

Daneby v. Miller

Driver with 6 Percent Permanent Partial Disability Awarded $18,353

A court could award economic damages for medical expenses and non-economic damages for pain and suffering to a driver in a motor-vehicle accident.

CV15-6026949
Pellegrino, J.T.R.

Hartford J.D., at Manchester, G.A. #12

State v. Gonzalez

Loss of Evidence Did Not Violate Defendant's Substantive Rights

Unless defendant could prove bad faith, failure to preserve potentially useful evidence did not constitute a denial of due process.

MV15-0434597
Baldini, J.

Hartford J.D., at Hartford

Safway Serv. v. Specialty Risk Serv.

Provision of Services without Prior Approval Breached Contract

Defendant did not obtain approval in advance to perform work in a particular case, as required by the parties' contract, and it was not allowed to collect a fee.

CV12-6033021
Moukawsher, J.

United States District Court

Adams v. Colvin

Disability Applicant Met 'Good Cause' Requirement

The chronic nature of plaintiff's impairment, along with the fact that plaintiff was uninsured and received care at a center for low income and uninsured persons that did not appear to include comprehensive orthopedic services, allowed plaintiff to meet a "good cause" requirement when he obtained new evidence about his disability.

3:15cv1061
Garfinkel, J.

United States District Court

Chieppa v. William W. Backus Hosp.

R.N. Did Not Follow Policies After Hospital Issued Last Chance Warning

Defendant articulated a legitimate, nondiscriminatory, business rationale for discharge, because plaintiff allegedly needed to improve interpersonal skills and did not follow hospital policies and protocols, after the employer issued a last chance warning.

3:14cv1767
Squatrito, J.

United States Bankruptcy Court

In re Harnett

Eastern Conn. State University Was Not Entitled to Immunity

Eastern Connecticut State University was not entitled to sovereign immunity in connection with a Chapter 7 trustee's motion to recover tuition payments as fraudulent transfers.

14-32223
Manning, J.

United States Bankruptcy Court

In re Coyle

Court Approved Debtor's 506 Motion Over Bank's Objection

Section 1322(b)(2) did not prevent modification of the creditor's claim because it was secured by the debtor's principal residence and by other collateral at the time of the loan transaction.

15-30735
Manning, J.

Connecticut Appellate Court

Jodlowski v. Stanley Works

Experts Differed on Worker's Need for Spinal Fusion Surgery

The workers' compensation trial commissioner was not required to order a commissioner's examination when the parties presented conflicting evidence.

AC 38261
Lavine, J.

Connecticut Appellate Court

State v. Best

Trial Court Wrongly Omitted Jury Instruction on Self-Defense

Evidence that victims entered defendant's apartment without permission, pounded on his bedroom door, issued threats and claimed that they possessed back up was sufficient to raise a question about whether defendant shot the victims in self-defense.

AC 38311
Harper, J.

Connecticut Appellate Court

State v. Quail

Cop Seized Murder Defendant's Clothes from Relative's House

Cops did not violate defendant's rights under the Fourth Amendment when they seized defendant's shirt and blue jeans during a warrantless search of his sister's house.

AC 38308
Keller, J.

Connecticut Appellate Court

Scarfo v. Snow

Plaintiff Lacked Standing to Assert Claims in Individual Capacity

If plaintiff's claims were remote, indirect or derivative with respect to defendants' conduct, plaintiff might not possess standing to assert them.

AC 37794
Mullins, J.

State Elections Enforcement Commission

Complaint by: Paulsen

Selectman to Pay $1,000 Fine for Use of Public Funds to Create Flyer

An incumbent elected official violated Connecticut General Statutes §9-610 when he used public funds within three months of a municipal election to create and distribute materials that were so laudatory of his achievements that they promoted his re-election.

2015-150
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Bland

Campaign Flyer Contained False 'Paid for by' Disclaimer

Respondent violated Connecticut General Statutes §9-621, because he allegedly placed the false attribution "paid for by friends or Row A" on a campaign flyer, although no such group existed.

2015-119
Castagno, Chair

Freedom of Information Commission

Sargent v. Exec. Dir., External Affairs Div., Judicial Branch

Complainant Not Entitled to Report of Judicial Branch Committee

A Judicial Branch subcommittee that issued reports about the approval and removal of guardian ad litems was not involved in an administrative function of the Judicial Branch.

2016-0077 and 2016-0079
Freedom of Information Commission

Freedom of Information Commission

Lynch v. Chief Court Adm'r, State of Conn., Judicial Branch

Judicial Branch Committee Did Not Violate 'Open Meeting' Requirement

A Judicial Branch subcommittee that met to discuss the approval and removal of guardian ad litems was not involved in an "administrative function" of the Judicial Branch for purposes of "open meeting" requirements.

2016-0029
Freedom of Information Commission

Board of Mediation and Arbitration

Town of Suffield and NIPSEU, Local SPU

Short-Term Disability Payment Complied with Past Practice

Arbitrators could find that the collective bargaining contract only granted short-term disability benefits at the rate of 60 percent of the employee's regular wage, plus 60 percent of the employee's average overtime during the previous three months.

2016-A-0193
Ryan, Murphy and Fabian

Board of Mediation and Arbitration

City of New Britain and AFSCME Council 4, Local 1186

Union Apparently Used Wrong Grievance Number

A grievance complaint could be arbitrable, even if the union used the wrong grievance number.

2015-A-0504
Culhane, Murphy and Shay

Board of Mediation and Arbitration

City of Danbury and CACP

Union Did Not File Grievance Complaint Timely, within 14 Days

Arbitrators could dismiss a grievance complaint, because it was not filed timely, within 14 days, and no proof of any continuing violation existed.

2016-A-0369
Diaz and Muschell – Franzo dissented

United States Court of Appeals for the Second Circuit

Soules v. Town of Oxford

Cop with PTSD Did Not Allege that Life Activity was Impaired

Plaintiff was unable to prevail on actual disability or perceived disability claims, if his district court complaint did not allege that a disability impaired a life activity.

15-3418-cv

United States Court of Appeals for the Second Circuit

Dervishi v. Stamford Bd. of Educ.

Mother Did Not Prove that Exhaustion Would Have Been Futile

A court could excuse a parent's failure to exhaust administrative remedies, if the parent proved that exhaustion would have been futile.

15-3636-cv

United States Court of Appeals for the Second Circuit

United States v. McDade

Government Proved Defendant Knowingly Joined Drug Traffickers

To prevail on allegations that defendant participated in a drug trafficking conspiracy, the government was required to prove that a drug trafficking conspiracy existed and that defendant participated knowingly.

15-2593-cr

United States Court of Appeals for the Second Circuit

United States v. Maslar

Defendant Properly Sentenced as Career Offender for Bank Robbery

A defendant who was convicted three times of bank robbery could be sentenced as a career offender.

15-2813-cr

United States Court of Appeals for the Second Circuit

United States v. Aguilar

Defendant's Sentence for Drug Trafficking Was Reduced 36 Months

A court could reduce a sentence for drug trafficking crimes pursuant to 18 United States Code §3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines.

15-3828-cr

United States Court of Appeals for the Second Circuit

Sun v. Mashantucket Pequot Gaming Enter.

Gamblers Alleged Foxwoods Refused to Honor their Winnings

Absent proper service of process, the district court lacked jurisdiction over defendants.

15-2148-cv

United States Court of Appeals for the Second Circuit

Lee v. Katz

Plaintiff Refused to Comply with Discovery Requirements

A court could grant a motion to dismiss, if one party refused to comply with discovery requirements.

15-3423-cv

Hartford J.D., at Hartford

Beckford v. Martinez; Martinez v. Beckford; Scott v. Beckford

Independent Witnesses Credibly Testified that Toyota Left its Lane

Amidst conflicting testimony about who was responsible for a motor-vehicle accident, a court could choose to credit the testimony of two independent witnesses.

CV14-6049414; CV14-6049771 and CV15-6062654
Huddleston, J.

Hartford J.D., at Hartford

Cushman v. Taylor

Civic Owner Proved Tractor-Trailer Driver Was Responsible

A court could deduce from pictures of motor vehicles that defendant, who drove a tractor-trailer, was responsible for a motor-vehicle accident.

CV15-6061931
Moukawsher, J.

Hartford J.D., at Hartford (Housing Session)

Teller v. Brennan

Son Not Entitled to Occupy Home After Parents' Death

Even if a child arranged to make some repairs to his parents' home, no evidence existed that it was in consideration for the right to occupy the premises after his parents passed away.

H-1646
Rubinow, J.

Hartford J.D., at Hartford (Housing Session)

Housing Auth. of the Town of Enfield v. Szlosek

Tenant Allegedly Yelled at and Shoved Another Tenant

A tenant who allegedly yelled at, threatened and shoved another tenant, who fell to the ground, committed a serious nuisance.

HDSP-182833
Rubinow, J.

Hartford J.D., at Hartford (Housing Session)

Hilyard v. Centro Renacer of Conn.

Tenant Entitled to Triple Damages Against Former Landlord

A tenant could be entitled to triple damages for civil theft, if a landlord leased property that was not habitable and wrongfully kept the tenant's rent and security deposit.

CVH-8579
Rubinow, J.

Hartford J.D., at Hartford (Housing Session)

Higgins v. Flemming

Landlord's Pretermination Notice Found Insufficient

A pretermination notice that did not provide the tenant an adequate opportunity to cure the alleged violation was insufficient.

H-1639
Mulcahy, J.T.R.

Hartford J.D., at Hartford (Housing Session)

E. Hartford Housing Auth. v. Burnham-Morales

Tenant's Husband Resided at Premises without Authorization

A tenant who permitted her husband to reside at the subject premises without written permission from the landlord could be evicted, pursuant to Connecticut General Statutes §47a-23(a)(2).

HDSP-181608
Rubinow, J.

Stamford/Norwalk J.D., at Stamford

Puente v. Progressive Northwestern Ins.

Business Owner Not Entitled to Underinsured-Motorist Coverage

A driver who had just exited his motor vehicle when he allegedly was struck was not entitled to underinsured-motorist benefits.

CV15-6026081
Povodator, J.

Hartford J.D., at Hartford

Mendez v. JPMorgan Chase Bank

Former State Police Commander Did Not Qualify as Expert Witness

A proffered witness lacked the education, training, employment or practical experience required to qualify as an expert.

CV14-6049524
Sheridan, J.

Stamford/Norwalk J.D., at Stamford

Pelli v. Osorio-Arellano

79-Year-Old Injured when Dog Jumped on her Awarded $420,291

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to the victim of a dog attack.

CV15-6026124
Karazin, J.T.R.

United States District Court

Accounting Res. v. Hiscox

Bookkeeper Allegedly Paid More than $500,000 to Fictitious Vendors

A court could find that an insurance policy that excluded claims for theft or misappropriation did not restrict the exclusion to company workers.

3:15cv1764
Meyer, J.

United States District Court

Duchimaza v. United States

Cecilia's Market Protested Disqualification from SNAP Program

The government could disqualify a supermarket from any participation in the SNAP program, if investigators found it likely that the supermarket unlawfully exchanged SNAP benefits for cash.

3:14cv887
Shea, J.

United States District Court

Chabad Lubavitch of Litchfield County v. Bor. of Litchfield County

Historic District Commissioners Not Entitled to Quasi-Judicial Immunity

Members of a historic district commission were not entitled to quasi-judicial immunity.

3:09cv1419
Hall, J.

United States District Court

Bunting v. Kellogg's Corp.

Kellogg's Job Candidate Failed to Prove Race Discrimination

A factfinder could find that procedural irregularities supported an inference of discrimination on the basis of race.

3:09cv621
Bolden, J.

Connecticut Appellate Court

Graham v. Comm'r of Transp.

Genuine Issue, if State Had Time to Remedy Icy Condition

A genuine issue of material fact existed as to whether defendant Department of Transportation had sufficient time, after it received notice of the black icing condition that caused plaintiff's accident, to treat or otherwise remedy it.

AC 37975
Sheldon, J.

Connecticut Appellate Court

JAG Capital Drive v. E. Lyme Zoning Comm'n

Industrial Zone Exemption Did Not Apply to Light Industrial Zone

Residential uses such as affordable housing were not permitted in a light industrial zoning district in which residential uses were not allowed.

AC 37924
Sheldon, J.

Connecticut Appellate Court

Ferraro v. Ferraro

Husband Protested Order to Pay Support of $810 Per Week

If the trial court decided to take judicial notice of facts that were not in the record, it should have informed the parties and provided them the opportunity to be heard.

AC 38082
Keller, J.

Connecticut Appellate Court

Cornelius v. Arnold

Farmington Property Owner Did Not Timely Appeal Tax Assessment

Connecticut General Statutes §12-119 provided a one-year statute of limitations in which to appeal a tax assessment.

AC 38011
Mullins, J.

Connecticut Supreme Court

Doe v. Boy Scouts of Am.

$11.8 Million Sexual Abuse Verdict Against Boy Scouts Reversed

Defendant Boy Scouts of America was entitled to a jury instruction that it could not be found legally responsible for negligence, unless the minor plaintiff proved that defendant's conduct created or increased the risk that a patrol leader would sexually abuse the minor plaintiff.

SC 19516
Rogers, J.

Freedom of Information Commission

McCall v. Brennan

Mom Requested Disclosure of PCB-Related Docs to Assess Risk to Kids

School and municipal respondents could be required to provide documents to a parent who sought to assess the environmental risk, if any, that PCBs posed to her children.

FIC 2015-640
Freedom of Information Commission

Freedom of Information Commission

Alston v. Comm'r, Dep't of Correction

Inmate Requested Disclosure of Prison Surveillance Tapes

An inmate might not be entitled to disclosure of prison surveillance tapes and the deputy warden's work schedule, because that information could compromise the safety and security of prisoners and DOC workers, in violation of Connecticut General Statutes §1-210(b)(18).

FIC 2015-882 and FIC 2015-883
Freedom of Information Commission

Compensation Review Board

Veilleux v. Dehm Drywall

Drywall Installer Who Fell Was an Independent Contractor

Even if a claimant worked almost all the time for a single company, if he provided his own transportation, brought his own work tools, was allowed to work for other companies, and did not receive medical benefits, vacation or holiday time, claimant could qualify as an independent contractor.

6057 CRB 8-15-12
Walker, with Salerno and Truglia

United States Court of Appeals for the Second Circuit

Lopez-Diaz v. Lynch

Family of Murder Victim Did Not Qualify as Discrete Social Group

Petitioner's proposed social groups, which consisted of family of murder victims, minors abused by custodians and women vulnerable to abuse were not recognizable as discrete groups.

15-2722

United States Court of Appeals for the Second Circuit

Shipp v. Frontier Commc'n

Complaint Alleging Title VII Violations Was Not Filed Timely

Plaintiff was required to file his district court employment discrimination complaint within 90 days of the date that he received a release of jurisdiction and right-to-sue letter from the Equal Employment Opportunities Commission.

15-3908

United States Court of Appeals for the Second Circuit

Moultrie v. Carver Found.

African-American Bus Driver Did Not Adequately Allege Disparate Conduct

A plaintiff who alleged disparate treatment must establish she was similarly situated in all material respects to the employee with whom she sought to compare herself.

15-2453-cv

United States Court of Appeals for the Second Circuit

Herrold v. Warden

Habeas Petitioner Alleged that Law Changed After he Was Convicted

A district court could dismiss a petition as abusive, if the petition asserted a claim that could have been raised in a previous petition.

15-3333

United States Court of Appeals for the Second Circuit

Gray v. Maquat

Plaintiffs Failed To Prove P&Z Violated Rights to Equal Protection

To prevail on an equal-protection claim, plaintiffs were required to prove that similarly situated individuals were treated differently.

14-2448

United States Court of Appeals for the Second Circuit

Wilson v. McKenna

Inmate Did Not Properly Exhaust Administrative Remedies under PLRA

The Prison Litigation Reform Act required that prisoners properly exhaust available administrative remedies.

15-3496

United States Court of Appeals for the Second Circuit

McCullough v. World Wrestling Entm't

Wrestlers Appealed Before Final Judgment in Consolidated Cases

The Second Circuit lacked jurisdiction to consider the appeals of former wrestlers in consolidated cases that were not yet final. The Second Circuit dismissed the appeals without prejudice.

16-1231 and 16-1237
Newman, J.

Waterbury J.D., at Waterbury

Streifel v. Bulkley

Patient Alleged R.N. Violated Privacy Rights under HIPAA

A "covered entity" pursuant to HIPAA included a health plan, a health care clearinghouse and a health care provider and the phrase did not include a nurse who worked for a health care provider and sued a former patient.

CV16-60301255
Brazzel-Massaro, J.

Hartford J.D., at Hartford

Remillard v. Rancourt Enter.

Estate Alleged that Cafe Assumed the Duty to Help Drunk Decedent

Plaintiff's complaint did not adequately allege that defendants attempted to take charge of plaintiff's decedent, or that she was in their custody or control.

CV15-6061566
Peck, J.T.R.

Fairfield J.D., at Bridgeport

Piels v. Bendett and McHugh

Bendett and McHugh Law Firm Entitled to Absolute Immunity

Absolute immunity barred a retaliatory action against a law firm in connection with the law firm's representation of a client in a mortgage foreclosure action.

CV14-5030189
Arnold, J.

Middlesex J.D., at Middletown

Kelley v. Town of Portland Zoning Bd. of Appeals

Permit Was Conditioned on Driveway Remaining Unpaved

Substantial evidence supported the ZBA's conclusion that a zoning permit was conditioned on a driveway remaining unpaved.

CV13-6010891
Domnarski, J.

Fairfield J.D., at Bridgeport

Am. Inst. for Neuro-Integrative Dev. v. Fairfield Town Plan & Zoning Comm'n

Applicant Hoped To Help Older Kids with Autism Disorder

If substantial evidence supported the decision of a planning and zoning commission, the trial court was not permitted to substitute its judgment.

CV15-6052247
Gilardi, J.T.R.

New London J.D., at Waterford

In re Cassie

Father Won Sole Custody After Mom Drank and Drove into Wall

A court could find it in the best interests of a minor child to transfer custody from the parent who crashed into a wall with the 5-year-old child in the front passenger seat.

K09-CP16-014494A
Mack, J.T.R.

New Haven J.D., at New Haven

Clark v. Clark

Dad Claimed Teen Could Fly from Conn. to Florida Alone

A court could find that a minor child who was 14-and-one-half years old was mature enough to fly alone, unaccompanied, on a direct flight to or from Florida.

FA10-4041593
Shluger, J.

Windham J.D., at Putnam

Brunnett v. Brunnett

Husband at Greater Fault for Breakdown of Relationship

A court could find one party at greater fault for the breakdown of the marital relationship. The court found the husband, who allegedly engaged in domestic abuse, at greater fault for the breakdown of the marital relationship.

FA15-6009753
Graziani, J.

Hartford J.D., at Hartford

King v. Turley

$5,799 Awarded to Plaintiff who Suffered Sprains and Strains

A jury could award economic damages for medical expenses from a motor-vehicle accident.

CV14-6053997
Epstein, J.

Hartford J.D., at Hartford

Cotto v. Nutbrown

$8,235 Awarded to 73-Year-Old with 6 Percent Permanent Disability

A court could award an additur, if the jury awarded economic damages for medical expenses and failed to award non-economic damages, for pain and suffering.

CV14-6051146
Epstein, J.

United States District Court

Percocco v. Lowe's Home Ctr.

Hispanic Manager Did Not Prove Employment Discrimination

To prevail on claims of race and national origin discrimination, plaintiff was required to prove that a similarly situated employee of a different race or national origin was treated differently.

3:14cv1122
Bryant, J.

United States District Court

Diaz v. Chapalain

MRSA Allegedly Developed After Inmate Visited Barber

A prisoner who adequately alleged deliberate indifference to a serious medical need could possess a claim for cruel and unusual punishment, in violation of the Eighth Amendment.

3:16cv590
Meyer, J.

United States District Court

Johnson v. Road Ready Used Cars

Used Car Dealer Did Not Follow 12-Point Boldface Requirement

A used motor-vehicle dealer's "as is" disclaimer could not be enforced, unless printed in 12-point boldface type, pursuant to Connecticut General Statutes §42-224(b).

3:15cv271
Eginton, J.

United States District Court

Wright v. Malloy

Pro Se Connecticut Prisoner Requested Class-Action Certification

A pro se litigant could not represent a class of prisoners.

3:16cv1179
Underhill, J.

United States District Court

Warner v. Freeman

Landscaper Allegedly Took Owner's Boat without Permission

Arguable probable cause existed, if it was objectively reasonable for the police to believe that probable cause existed, or officers of reasonable competence could disagree about whether probable cause existed.

3:14cv1192
Martinez, J.

United States District Court

Hernandez v. Berlin Newington Assoc.

Attorneys who Won Architectural Barriers Case Awarded $214,196

A court could reduce time spent to prosecute an American with Disabilities Act case as a result of vague time entries.

3:10cv1333
Bryant, J.

Connecticut Appellate Court

Nadel v. Luttinger

Exec Argued Cash Performance Awards Qualified as 'Wages'

A court could find that a separation contract clearly and unambiguously provided that any nonvested awards made prior to dissolution, presumably recognizing service during the course of the marriage, were considered to be property.

AC 37763
Beach, J.

Connecticut Appellate Court

State v. Robert

Boyfriend Claimed Evidence of Masturbation Was Insufficient

The corpus delicti rule, also known as the corroboration rule, required that the government introduce substantial, independent evidence that tended to establish the trustworthiness of defendant's confession.

AC 36742 and AC37544
Sheldon, J.

Connecticut Supreme Court

Bozelko v. Papastavros

Absent Expert, Client Was Unable To Prove Legal Malpractice

Expert testimony was required to prove that defendant attorney's alleged conduct and omissions, as opposed to plaintiff's guilt, caused a jury to convict plaintiff.

SC 19495
Zarella, J.

Connecticut Supreme Court

Pacific Ins. v. Champion Steel

Workers' Comp Insurer Filed Subrogation Claim Against Tortfeasor

A workers' compensation insurer could file a common-law equitable subrogation action against a third-party tortfeasor to recover benefits it paid to an injured worker.

SC 19402 and SC 19403
Zarella, J.

Connecticut Supreme Court

State v. Nathaniel

14-Year-Old to be Tried as Juvenile for Alleged Sexual Assault

When the legislature amended the juvenile transfer statute, to increase the age of minors who would be tried as juveniles, the change was retroactive.

SC 19592
McDonald, J.

State Elections Enforcement Commission

Complaint by: Stuller

Registrars Forgot to Inform Green Party about Preparation of Tabulator

Registrars of voters who allegedly did not inform the Green Party about the preparation of tabulator machines could violate Connecticut General Statutes §9-244.

2015-164
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Mannette

First Impression on Minority Representation Rule in §9-167a

The minority representation rules in Connecticut General Statutes §9-167a did not apply to a municipal board that contained less than three individuals.

2016-053
Castagno, Chair

Board of Mediation and Arbitration

Bridgeport Health Care Ctr. and AFSCME, Council 4, Local 1522

Nurse who Left Shift During Family Emergency Reinstated

Arbitrators could find that an employer lacked just cause to discharge a long-time worker who left work at the beginning of a shift because of a family emergency.

2016-A-0207
Panagrossi, Mandell and Sullivan

United States Court of Appeals for the Second Circuit

Loja-Cajamarca v. Lynch

Ecuadorian Delayed Four Years, Failed to Prove Due Diligence

A petitioner who delayed nearly five years, prior to filing a claim for ineffective assistance, was unable to prove due diligence.

15-2097

United States Court of Appeals for the Second Circuit

Phillips v. Generations Family Health Ctr.

MedMal Plaintiff Was Not Entitled to Equitable Tolling

A litigant who requested equitable tolling was required to prove that he pursued his legal rights diligently and was obstructed as a result of some extraordinary circumstance.

15-2656-cv

United States Court of Appeals for the Second Circuit

United States v. Calabrese

Former Loan Officer Disputed Enhancement for 'Special Skill'

A loan officer's knowledge of the loan approval process, and his ability to compute the minimum income necessary for clients to obtain loans, was greater than the knowledge that the general public possessed and qualified as a "special skill" for purposes of sentencing.

15-2995-cr

United States Court of Appeals for the Second Circuit

Fed. Trade Comm'n v. LeadClick Media

Content Provider Not Immune under Communications Decency Act

A company that participated in the development of deceptive content posted on fake news pages was not entitled to immunity pursuant to §230 of the Communications Decency Act.

15-1009-cv, 15-1014-cv
Chin, J.

United States Court of Appeals for the Second Circuit

Ferrari v. U.S. Equities Corp.

Court Deducted for 'Convoluted,' 'Baffling' and 'Jumbled' Complaint

The district court, when it computed the lodestar attorney fee in a federal Fair Debt Collection Practices case, was not permitted to deduct twice the amount of time that the prevailing party's attorney spent to draft a "convoluted," "baffling" and "jumbled" complaint.

15-3573-cv

Waterbury J.D., at Waterbury

Coleman v. Parks

Inmate Lacked Standing to Sue Electric Company for Identity Theft

An inmate lacked standing to sue the gas company and the electric company for alleged violations of criminal statutes that prevented identity theft, stalking, criminal mischief, disorderly conduct and larceny.

CV16-5017568
Brazzel-Massaro, J.

Stamford/Norwalk J.D., at Stamford

Lazzaro v. Brown

Client Adequately Alleged that Former Attorney Breached Contract

Allegations that a lawyer agreed to represent a client and accepted a retainer, and then indicated he could not represent the client and recommended that the client hire another attorney, who did not perform adequately, were sufficient to allege breach of contract.

CV16-6027985
Heller, J.

New Britain J.D., at New Britain (Housing Session)

Voisine v. Alfieri

Statute that Required 'Good Cause' to Evict Did Not Apply

The "good cause" eviction law in Connecticut General Statutes §47a-23c, which protected the elderly, the blind and the disabled, might not apply, if a building complex with five dwelling units was changed so that it only contained four.

CV15-5001179
Tanzer, J.T.R.

New Haven J.D., at New Haven

The Tortilla Villa v. Peschell

Elderly Landlords Alleged that Sophisticated Tenant Violated CUTPA

Allegations that a sophisticated tenant, well versed in real estate, purposely attempted to create issues so that the landlords, an elderly couple, would suffer severe emotional distress and sell were sufficient to allege a violation of the Connecticut Unfair Trade Practices Act.

CV15-6054480
Blue, J.T.R.

Waterbury J.D., at Waterbury

Thibodeau v. Southbury Dental Care

Written Opinion of Board-Certified Surgeon Was Insufficient

A similar health care provider was one who was licensed by the appropriate regulatory agency of this state or another state requiring the same or greater qualifications and who was actively involved in the practice or teaching of medicine within the five years before the incident that gave rise to plaintiff patient's claims.

CV15-6028643
Shapiro, J.

New London J.D., at Norwich

Fitchett v. Fitchett

Coast Guard Officer Who Allegedly Abandoned Family at Greater Fault

A court could find one party at greater fault for the breakdown of the marital relationship.

FA15-5102470
Diana, J.

Hartford J.D., at Hartford

Morant v. Dep't of Correction

Black Corrections Officer Alleged Discriminatory Discharge

A plaintiff might use prior facts about events that took place more than 180 days before a complaint was filed as background evidence in support of a timely employment discrimination claim.

CV14-649232
Dubay, J.

New Haven J.D., at New Haven

Fillion v. Café Allegre

Bartender Won $11,957 On C.G.S. §31-51m Wrongful-Discharge Claim

Connecticut General Statutes §31-51m barred an employer from discharging a worker in retaliation, because the worker reported the employer's suspected violation of the law to the government.

CV10-6013202
Pittman, J.

Hartford J.D., at Hartford

Kennynick v. Standard Petroleum

Class Action Against Standard Petroleum Won Class Certification

To obtain certification of a class action, plaintiffs were required to prove numerosity, commonality, typicality and adequacy of representation.

CV09-5042760
Heller, J.

United States District Court

Knox v. United States

Slip-and-Fall Plaintiff Did Not Prove Actual or Constructive Notice

To prevail, a plaintiff who allegedly slipped and fell was required to prove that defendant possessed actual or constructive knowledge of a defect and failed to remedy it.

3:12cv1741
Merriam, J.

United States District Court

Williams v. Foley

State Court Judges Were Entitled To Judicial Immunity

Judicial immunity barred plaintiff's claims against state judges for conduct taken in their judicial capacities, even if one of the judges allegedly glared at and insulted plaintiff in the courtroom.

3:15cv1324
Shea, J.

United States District Court

Calhoun v. The Providence Mut. Fire Ins. Co.

Insurer Did Not Owe Duty to Inform Homeowners about Mold

An insurance company that sent an investigator to inspect a claim about a boiler did not owe any duty to inform the homeowners that the inspector discovered some mold.

3:14cv158
Bolden, J.

United States District Court

Huaman v. Town of E. Hartford

ER Records Described Allegations that Cop Beat up Minor Plaintiff

A statement in a medical record was admissible, pursuant to Fed. R. Evid. 803, if made for, and reasonably pertinent to, medical diagnosis or treatment.

3:13cv484
Shea, J.

United States District Court

White v. Smiths Medical ASD

Worker Allegedly Was Fired Days After He Requested Medical Leave

To establish a prima facie case of workers' compensation retaliation, a worker was required to allege that he was engaged in protected activity, about which the employer knew, and that a causal connection existed between protected activity and an adverse employment action.

3:14cv1501
Bryant, J.

United States District Court

Gran v. TD Bank

Hartford Manager Adequately Alleged Gender Discrimination

A female bank manager who was discharged and replaced by a male worker after she went on maternity leave, adequately alleged a claim for discrimination on the basis of gender.

3:14cv1632
Bolden, J.

United States District Court

McIntyre v. BF Capital Holding

Defense Moved to Depose Richard Cottrell as a 30(b)(6) Witness

Third-party defendants were not allowed to name a particular corporate witness to depose when they decided to depose a corporate 30(b)(6) witness.

3:14cv33
Martinez, J.

United States District Court

Davis v. McDaniel

Inmate Alleged Correction Officers Banged his Head, Sprayed Chemical

Allegations that corrections officers allegedly assaulted an inmate without adequate cause when he was restrained with hands handcuffed behind his back were sufficient to state a claim for excessive use of force.

3:16cv1287
Meyer, J.

United States District Court

Addona v. D'Andrea

Body Camera Backed Up Cops' Claims they Used Minimal Force

Although plaintiff maintained that cops used excessive force and that a tape of the incident was altered, a reasonable jury could find that the tape proved that police only used minor force.

3:14cv1757
Eginton, J.

Connecticut Appellate Court

Baldwin v. Comm'r of Correction

'Some Evidence' Was Sufficient to Support Decision to Issue Discipline

The habeas court wrongly required "substantial evidence" of wrongdoing in prison when "some evidence" was all that was required to issue a disciplinary report.

AC 38112
West, J.

Connecticut Appellate Court

State v. Kinch

Passenger Lacked Standing to Protest Search of Motor Vehicle

A passenger in a motor vehicle who lacked a possessory interest in the motor vehicle or the evidence that was seized might not possess a reasonable expectation of privacy pursuant to the Fourth Amendment or standing to protest the search of the motor vehicle.

AC 37433 and AC 37434
Gruendel, J.

Connecticut Appellate Court

Miller v. Dep't of Agriculture

Dog Owner's 6th Amendment Rights Were Not Violated

A hearing officer's admission of hearsay statements of a victim and a witness did not violate the Sixth Amendment to the United States Constitution.

AC 37527
Keller, J.

Connecticut Supreme Court

Hornung v. Hornung

Trial Court's Award of $140k in Attorney Fees Was Not Merited

As a result of the ample liquid assets that the trial court awarded to the wife, the majority of the Connecticut Supreme Court found that the wife was not entitled to attorney fees.

SC 19361
Robinson, J.

State Elections Enforcement Commission

Complaint by: Walkovich

Treasurer Fined $200 for Failure to Disclose Aggregate Contributions

A treasurer who allegedly failed to disclose aggregate amounts of contributions of contributors to a political action committee violated Connecticut General Statutes §9-608.

2016-002A
Castagno, J.

State Elections Enforcement Commission

Complaint by: Martin

Municipality's Post About School Referendum Did Not Contain Advocacy

The State Elections Enforcement Commission could consider the content, style, tenor and timing of a communication about a referendum when it decided whether it qualified as advocacy, in violation of Connecticut General Statutes §9-369b.

2016-052
Castagno, J.

State Elections Enforcement Commission

Complaint by: Jackson

Member of BOE Did Not Hold Incompatible Municipal Offices

Connecticut General Statutes §9-210 prevented various municipal officials from holding incompatible municipal offices.

2015-175
Castagno, J.

Compensation Review Board

Mikucka v. St. Lucian's Residence

Vocational Disability Claim Was Raised at Eleventh Hour

If a new issue or new evidence is considered at a formal hearing, the trial commissioner must offer the opposing party the opportunity to prepare and to challenge the evidence.

6051 CRB-6-15-11
Mastropietro, with Walker and Salerno

United States Court of Appeals for the Second Circuit

Yucra-Santi v. Lynch

Peruvian Did Not Prove Likelihood of Future Persecution

A group that witnessed war crimes, cooperated with investigators and had their names published could prove a likelihood of future persecution based on membership in a particular social group.

15-37

United States Court of Appeals for the Second Circuit

Wheelings v. Dorosh

Cops who Allegedly Entered Residence Entitled to Immunity

Absent case law that established that defendant police officers' conduct violated homeowners' clearly established Fourth Amendment rights, police could be entitled to qualified immunity.

15-3123

United States Court of Appeals for the Second Circuit

Coderre v. City of Wallingford

Cops Possessed Probable Cause to Arrest Suspect for Theft of Vacuum

To prevail on his claim that the arrest affidavit contained material misstatements and omissions, plaintiff was required to prove that the alleged misstatements and omissions were designed to mislead or made in reckless disregard about whether they would mislead.

15-2877-cv

Stamford/Norwalk J.D., at Stamford

Tice v. Bish

$55,740 in Damages for Malicious Prosecution Reversed

If police had probable cause to arrest, the arrestee might not possess a cause of action based on defendant's reasonably accurate report to the police.

CV14-6023210
Povodator, J.

New Britain J.D., at New Britain

PMC Prop. Grp. v. Public Util. Reg. Auth.

PURA Lacked Power to Order Restitution for Submetering

Although PURA had the authority to issue fines, it lacked the authority to issue restitution or rebates.

CV13-6021316
Schuman, J.

Fairfield J.D., at Bridgeport

Cappuccia v. The Magner Funeral Home

Plaintiffs Failed To Produce Enough Evidence to Prove Emotional Distress

Absent significant evidence of emotional distress, a court could grant a remittitur. Plaintiffs failed to provide significant evidence of distress, and the court granted a remittitur in the amount of $10,000 against each of three individuals.

CV13-6032416
Stodolink, J.T.R.

Hartford J.D., at Hartford

Chief Disciplinary Counsel v. Serrano

Lawyer who Conspired to Commit Bank Fraud Suspended Six Years

A court could suspend an attorney who pled guilty to conspiracy to commit bank fraud.

CV13-6046117
Robaina, J.

Stamford/Norwalk J.D., at Stamford

New London Cnty. Mut. Ins. Co. v. Tello

Insurer Did Not Prove Departure from Appropriate Standard of Care

To prevail on a common-law indemnification claim, plaintiff insurer was required to prove that third-party defendant was negligent, its negligence constituted the direct and immediate cause of the accident, it possessed exclusive control, and the party seeking indemnification did not know about the negligence, had no reason to expect it and could reasonably rely on the charged party not to act negligently.

CV14-6021317
Karazin, J.T.R.

Waterbury J.D., at Waterbury

McBreairty v. Body Cosmetica

Patient Adequately Alleged Failure to Provide Informed Consent

A reasonable jury could find that defendant doctor did not provide informed consent, because he allegedly failed to inform plaintiff about prior complaints from patients, disciplinary actions and the alleged suspension of his license to practice plastic surgery.

CV15-6027857
Roraback, J.

New Haven J.D., at Meriden

Petrucelli v. City of Meriden

Homeowner Protested Order to Comply with Parking Ordinance

Plaintiff failed to prove that a municipal parking ordinance was unconstitutional or that the ordinance, as applied to plaintiff, was arbitrary, capricious or void for vagueness.

CV16-5006565
Cronan, J.

Stamford/Norwalk J.D., at Stamford

Tromba v. Tromba

Dad's Child Support Reduced from $241 to $118 per Week

A court could reduce child support as a result of a substantial change in circumstances.

FA09-4016963
Jacobs, J.

Stamford/Norwalk J.D., at Middletown RFTD

Gavlick v. Gavlick

Mom's Proposed Move Not in Best Interests of Children

A court could consider whether the mother's proposal to move to California with the minor children was in the best interests of the children.

FA15-6024538
Pinkus, J.

Stamford/Norwalk J.D., at Stamford

Fieber v. Fieber

Real Estate Developer to Pay Former Wife $5.4 Million

A court could consider the parties' incomes, health, assets and sources of income when it distributed property.

FA13-4025898
Shay, J.T.R.

Hartford J.D., at Hartford

Adell v. Adell

Comcast Supervisor Allegedly Lied under Oath about Lack of Work

Plaintiff wife proved, by clear and convincing evidence, that the husband was in contempt of court, because the husband allegedly "misled the court and counsel on several occasions" and "lied under oath" about his employment.

FA15-6062166
Ficeto, J.

Stamford/Norwalk J.D., at Stamford

Netscout Sys. v. Gartner

Apparent 1st Impression on Apex Deposition Rule

The apex deposition rule generally provided that before plaintiff was allowed to take the deposition of a high-ranking or "apex" government official or corporate officer, plaintiff was required to demonstrate that the official or officer possessed superior or unique information that could not be obtained less intrusively, such as by questioning a lower-ranking worker.

CV14-6022988
Lee, J.

Hartford J.D., at Hartford

Mitchell v. State

Sex-Assault Defendant Did Not Produce Newly Discovered Evidence

A court could deny a motion for a new trial based on newly discovered evidence that was not material. Defendant's motion for a new trial denied.

CV06-4021601
Mullarkey, J.T.R.

New Haven J.D., at New Haven

Gara v. Federico

Plaintiff in Motor-Vehicle Accident Agreed to Accept $14,500 to Settle

A court could find that the parties clearly and unambiguously agreed to settle. The court granted defendant's motion to enforce the parties' agreement to settle claims for $14,500.

CV12-6034807
Agati, J.

Hartford J.D., at Hartford

Conn. Coal. for Justice in Educ. Funding v. Rell

Plaintiffs Proved Schools Did Not Meet Constitutional Requirements

A court found that, beyond a reasonable doubt, the State of Connecticut did not meet the promise to provide a "free public elementary and secondary" school education, as required by the Connecticut Constitution.

CV14-5037565
Moukawsher, J.

United States District Court

Belz v. Peerless Ins.

Genuine Issues Existed on Coverage for Cracks in Basement

Cracking in basement walls that allegedly resulted from defective concrete could reasonably be considered a "collapse" that resulted from "hidden decay," pursuant to the terms of a homeowners' insurance policy.

3:13cv1315
Bolden, J.

United States District Court

Covaleski v. Granaudo

Double-Locking Handcuffs Did Not Constitute Excessive Force

A police officer could be entitled to qualified immunity on claims of excessive use of force, if it was objectively reasonable to believe the police officer did not violate a clearly established constitutional right.

3:14cv1193
Eginton, J.

United States District Court

Szestakow v. Metropolitan Dist. Comm'n

Worker Alleged Prima Facie Case of FMLA Retaliation

Allegations that plaintiff employee was transferred to a less prestigious department and job in retaliation, because she went on a medical leave under the Family and Medical Leave Act, were sufficient to allege a prima facie case.

3:10cv567
Eginton, J.

United States District Court

Dieterle v. Rite Aid Pharm.

Gay Manager Did Not Prove Sexual Orientation Discrimination

Defendant employer articulated a legitimate, nondiscriminatory rationale for discharge, because defendant reasonably concluded that plaintiff manager, who was gay, violated a corporate policy of zero tolerance for violence, and plaintiff failed to establish defendant's rationale constituted a pretext for discrimination on the basis of sexual orientation.

3:15cv733
Meyer, J.

Connecticut Appellate Court

Pena v. Gladstone

Unemployed Husband Claimed He Lacked Ability To Earn $200k/Year

Although the record failed to establish the trial court's conclusion that the husband realistically could be expected to earn $200,000 gross per year, that finding was only one factor in the trial court's decision that the husband possessed the resources to pay $25,000 in attorney fees to his appellate attorney.

AC 37750
Keller, J.

Connecticut Appellate Court

Jordan v. Darric

Civil Restraining Order Reversed, Absent Proof of Threat of Injury

Allegations that defendant father, who was accompanied by a police officer, went to a relative's home to retrieve his minor child, were insufficient to prove a "threat of present physical pain or physical injury," as required to obtain a civil restraining order under Connecticut General Statutes §46b-15.

AC 38640
Beach, J.

Connecticut Appellate Court

State v. Palmenta

Exception to Persistent Felony Offender Statute Did Not Apply

A defendant who was not convicted of any of the felonies listed in Connecticut General Statutes §53a-40(a)(1)(A) was not entitled to an exception.

AC 37891
Jongbloed, J.

Connecticut Appellate Court

Wash. Mut. Bank v. Coughlin

Vacation Home Did Not Qualify as 'Principal Residence' under EMAP

Foreclosure defendants were not entitled to notice pursuant to Connecticut General Statutes §8-265ee of the Emergency Mortgage Assistance Program, because the subject property did not qualify as their "principal residence" at the time the foreclosure action was commenced.

AC 37645
Prescott, J.

Connecticut Appellate Court

State v. Fred

Warning about Lying Did Not Deprive Defendant of Fair Trial

A judge who asked a witness whether she comprehended the penalty for lying, and informed the witness it would cost up to "Five years, five thousand dollars," did not violate defendant's constitutional rights to a fair trial.

AC 37114
Bishop, J.

Statewide Grievance Committee

Donnelly v. Avitabile

Attorney Who Previously Was Reprimanded 7 Times to be Presented

An attorney could reach agreement with disciplinary counsel to consolidate various disciplinary matters for a decision by the Connecticut Superior Court.

16-0091
Sansone, Esq. and Matthews

Freedom of Information Commission

Riley v. Semple

DOC Denied Inmate's Request for Full Name of DOC Worker

Full names of employees of the Department of Correction were exempt from disclosure, pursuant to Connecticut General Statutes §1-210(b)(18), because disclosure could result in a safety risk.

FIC 2015-751
Freedom of Information Commission

Freedom of Information Commission

Blauvelt-Cruz v. Semple

Inmate Alleged Police Department Records Were Not Provided Promptly

The Department of Correction responded promptly to an inmate's request for records "in light of the volume of records and the [Freedom of Information] administrator's workload."

FIC 2015-763
Freedom of Information Commission

Compensation Review Board

Tiffany v. Cheer Virtue Evolution

Respondent Did Not Prove Lack of Notice of Formal Hearing

Respondent's principal received numerous notices about claimant's allegations and numerous opportunities to dispute their accuracy, and the Compensation Review Board dismissed her claim that her due-process rights were violated, because she allegedly did not receive notice of the formal hearing in the mail.

6046 CRB-7-15-11
Mastropietro, with Walker and Salerno

Compensation Review Board

Nielsen v. MNS Therrien Constr.

Claimant Moved to Open, to Convert Annuity to Lump Sum

Claimant was required to establish fraud, duress, accident or mutual mistake to open the parties' stipulation. Claimant, who moved to open so that he could convert an annuity to a lump sum, did not prove mutual mistake.

6040 CRB-1-15-10
Mastropietro, with Walker and Salerno

Compensation Review Board

Mott v. KMC Music

Worker Did Not Produce Evidence Trip and Fall Caused Headaches

The workers' compensation trial commissioner wrongly granted relief for headaches in the absence of probative evidence that linked claimant's workplace injury to headaches.

6025 CRB-1-15-8
Walker, with Salerno

Litchfield J.D., at Litchfield

Urkiel v. Hamilton

Kids Alleged that Conservator Breached Her Fiduciary Duties

Claims that went beyond requests for accounting and that sought equitable and monetary relief must be brought in a court of general jurisdiction.

CV15-6012143
Pickard, J.

New Haven J.D., at New Haven

Graham v. City of New Haven

Black Sand on Highway Following Maintenance Allegedly Caused Accident

Allegations that defendant municipality knew about highway maintenance plans were insufficient to prove that defendant knew about an actual highway defect.

CV14-6051633
Pittman, J.

Stamford/Norwalk J.D., at Stamford

Disciplinary Counsel v. Hickey

Waiver of Right to Apply for Readmission Was Not Involuntary

Allegations that family pressures forced a lawyer to resign from the bar and waive his right to apply for readmission in the future were insufficient to allege duress or that the waiver was anything but voluntary and knowing.

CV08-4014896
Povodator, J.

Hartford J.D., at Hartford

Assarabowski v. Gallo

Written Opinion Did Not Indicate that Writer Was Licensed in Conn.

A written medical opinion that did not indicate if the opinion writer was licensed to practice in Connecticut or a state with equal or greater qualifications was insufficient.

CV16-6067063
Huddleston, J.

Fairfield J.D., at Bridgeport

Wyckoff v. Wyckoff

Mom Did Not Want Children to Remain Overnight in Sober House

A wife who did not permit overnight visits with the husband, because the husband resided in a sober house, did not violate a court order.

FA12-4039147
Sommer, J.

New Haven J.D., at New Haven

Engstrom v. Engstrom

Mom Enrolled Child at Boarding School Without Dad's Permission

A mother did not act in the best interests of a minor child when she enrolled the child at a boarding school without the father's permission.

FA11-4045432
Kenefick, J.T.R.

Hartford J.D., at Hartford

Doe v. Pourkavoos

Plaintiff Did Not Prove Transfer Violated Fraudulent Transfer Act

To prevail on a fraudulent transfer claim, plaintiff was required to prove that defendant transferred property, with actual intent to hinder, delay or defraud, or to engage in a transfer that was not for reasonably equivalent value.

CV15-6058772
Moukawsher, J.

Hartford J.D., at Hartford

R.D. Clark & Sons v. Clark

Shareholders in Family Company Engaged In Oppressive Conduct

A court could find that a family corporation was not entitled to discount the fair value of a minor shareholder's shares in the corporation based on minority status.

CV14-6050218
Shortall, J.T.R.

Hartford J.D., at Hartford

Dodge v. Frank

Estate Sales Worker Adequately Alleged Breach-of-Contract Claim

The elements of a contract included formation of the agreement, performance by one party, breach by the other and damages.

CV15-6058638
Noble, J.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. Scharf

Request to Separate Legal Work on Non Breach-of-Contract Claims Denied

A court could award reasonable attorney fees to the prevailing party, pursuant to an employment contract, and deny defendant's request to award only fees for legal services to prosecute a breach-of-contract count.

CV12-6034817
Moukawsher, J.

United States District Court

Gardner v. Univ. of Conn. Health Ctr.

Worker with Seizure Disorder Failed to Prove Prima Facie Case

An individual would not be "otherwise qualified" for a job, if she posed a significant risk to the health or safety of other workers that could not be eliminated by a reasonable accommodation.

3:12cv1168
Crawford, J.

United States District Court

Del Monaco v. Czech Asset Mgmt.

CFO Requested Double Damages for Failure to Pay $200,000 Bonus

Because the decision to award a performance bonus and the amount of the bonus were discretionary, the bonus did not constitute a "wage" under Connecticut wage statutes.

3:14cv1313
Shea, J.

United States District Court

Craig v. Univ. of Conn. Health Center

Part-Time UConn Worker Was Not Eligible for FMLA Leave

The federal Family and Medical Leave Act did not require an employer to inform an employee about the potential loss of eligibility for FMLA leave, if the worker decided to work less than 1,250 hours per year.

3:13cv281
Bolden, J.

United States District Court

Public Serv. Ins. v. Mount View Realty

Attorney Work Product Only Protected Some Documents

The attorney work product privilege provided that a party could not discover documents prepared in anticipation of litigation.

3:15cv740
Merriam, J.

United States District Court

In re Curwen

Bankruptcy Code Did Not Create Per Se Bar to Confirmation of Plan

Although debtors already received a discharge from bankruptcy under Chapter 7 within the previous four years, they were allowed to file a Chapter 13 bankruptcy plan that contemplated stripping unsecured junior liens.

3:15cv1824
Underhill, J.

Connecticut Appellate Court

Solairaj v. Mannarino Builders

Buyers Who Added Conditions To Purchase Breached Contract

Plaintiff buyers breached a contract when they demanded conditions that went beyond the scope of the written purchase-and-sales agreement.

AC 37988
DiPentima, J.

Connecticut Appellate Court

Helfant v. Yale-New Haven Hosp.

Opinion Writer Was Not Board-Certified in Emergency Medicine

Because an opinion writer was not board-certified in emergency medicine, and because defendant doctor was board-certified in emergency medicine and was working within his specialty when he looked at X-rays in an emergency room, an exception in Connecticut General Statutes §52-184c(c) that concerned doctors who did not work within their medical specialty did not apply to the written opinion.

AC 37569
West, J.

Connecticut Appellate Court

Szymonik v. Szymonik

Lack of Hearing on Financial Orders Violated Due-Process Rights

Due process could require that the trial court provide the parties the opportunity to cross-examine each other on their financial affidavits.

AC 36301
Mullins, J.

Connecticut Appellate Court

Allen v. Comm'r of Correction

Trial Counsel Did Not Timely Request that Court Poll the Jury

A trial court's denial of a timely request to poll the jury, to ascertain that the jury was unanimous, could constitute per se reversible error.

AC 36362
Sheldon, J.

Connecticut Appellate Court

State v. McClean

30-Year Sentence Did Not Violate 8th Amendment Rights of Juvenile

A trial court could violate the Eighth Amendment, if the court sentenced a juvenile offender to mandatory life in prison without parole.

AC 37380
Lavine, J.

Connecticut Supreme Court

LaFrance v. Lodmell

Parties' Prenup Included Agreement to Arbitrate Disputes

Connecticut General Statutes §46b-66 applied to a prenuptial agreement that provided that the parties would mediate any dispute and, if mediation failed, they would arbitrate.

SC 19614 and 19615
Eveleigh, J.

Connecticut Supreme Court

State v. Ruocco

Omission of 'No Adverse Inference' Jury Instruction Required Reversal

A new trial was merited, because the trial court failed to instruct a jury it could not draw an adverse inference from defendant's failure to testify.

SC 19387
Palmer, J.

Connecticut Supreme Court

State v. Wang

Likelihood that Competency Would Be Restored Was Over 50 Percent

Clear and convincing evidence supported the trial court's conclusion that a greater than 50 percent likelihood existed that defendant's competency to stand trial would be restored, if he were forced to take anti-psychotic medication.

SC 19637
Palmer, J.

Freedom of Information Commission

Rubin v. Exec. Dir., Conn. Airport Auth.

'Trade Secrets' Were Exempt from Disclosure to Carmody Lawyer

Trade secrets that were not generally known to competitors, who could obtain economic value from the disclosure or use of such information, were exempt from disclosure pursuant to Connecticut General Statutes §1-210(b)(5).

FIC 2016-0035
Freedom of Information Commission

Freedom of Information Commission

Kaminski v. Comm'r Dep't of Correction

DOC Refused to Provide Copies of Copyrighted Publications to Inmate

The Department of Correction was not required to provide an inmate copies of copyrighted publications that described the standards for correctional facilities.

FIC 2015-867
Freedom of Information Commission

Board of Mediation and Arbitration

WE Transp. and Teamsters Local Union 191

Bus Driver who Collided with Pedestrian Won Reinstatement

An employer was required to possess just cause prior to discharging a long-time worker.

2016-A-0301
Cain, Esq., Massa and Shea

United States Court of Appeals for the Second Circuit

Riles v. Buchanan

Inmate Alleged Corrections Officer Used Excessive Force, Broke his Nose

Although plaintiff allegedly made a verbal complaint about excessive use of force and filed a Level I grievance after his nose was broken, he did not complete an inmate request form, as required to exhaust administrative remedies, and he did not prove that administrative requirements were confusing or inconsistent.

15-3336-pr

United States Court of Appeals for the Second Circuit

Akande v. United States Marshals Serv.

Plaintiff Alleged he Was Held an Extra Month in Federal Prison

Plaintiff's complaint adequately alleged that he spent a month in federal prison after he was sentenced, and that that period was in excess of his sentence.

13-4629

United States Court of Appeals for the Second Circuit

In re James Licata; Licata v. Coan

Debtor Argued that Bankruptcy Estate Was Valued at $1 Billion

A debtor could object to the asset sale, if a surplus could exist after the payment of creditors' claims.

15-3172-bk

Litchfield J.D., at Litchfield

Nonkin v. Peschel

No Evidence Uphill Neighbors Were Responsible for Flood

Plaintiff failed to prove, by a fair preponderance of the evidence, that uphill neighbors negligently constructed a drainage system and were responsible for basement floods.

CV14-6009898
Pickard, J.

New Haven J.D., at New Haven

Henderson v. Smith

Plaintiffs Proved Defendants Were Responsible for 2014 Accident

A court could award economic and non-economic damages, if plaintiffs proved that defendants were legally responsible for a motor-vehicle accident.

CV14-60449899
Agati, J.

Stamford/Norwalk J.D., at Stamford

Estrada v. Pierre-Louis

Scavenger Hunter Not Identifiable Victim Subject to Imminent Harm

A high school student who voluntarily participated in a scavenger hunt did not qualify as an identifiable victim who was subjected to imminent harm.

CV15-6024275
Heller, J.

New Haven J.D., at New Haven

Criscio v. Town of Branford

Municipality Entitled to Immunity for Alleged Basketball Court Injury

The alleged failure to inspect a basketball court constituted discretionary conduct for which defendant municipality was entitled to government immunity.

CV15-6053940
Fischer, J.

Hartford J.D., at Hartford

Disciplinary Counsel v. Johnson

18-Month Suspension Ordered for Rule 1.15(b) and (e) Violations

A court could suspend an attorney who violated Rule 1.15(b) and (e) of the Rules of Professional Conduct.

CV12-6034033
Berger, J.

New Haven J.D., at New Haven

Barnes v. Conn. Podiatry Grp.

Medmal Plaintiff Lacked a Qualified Expert Medical Witness

A plaintiff who lacked a medical expert to testify about the standard of medical care and the alleged departure from that standard could not prevail, if medical causation was not within a layperson's knowledge.

CV12-6027801
Lager, J.

Stamford/Norwalk J.D., at Stamford

Powers v. Hiranandani

Husband at Greater Fault as Result of Allegedly Vicious Comments

A court could find one party at greater fault for the breakdown of the marital relationship.

FA14-4028425
Jacobs, J.

Litchfield J.D., at Litchfield

Mazzaferro v. Town of Morris Inland Wetlands Comm'n

Bantam Lake Property Owner Sought to Build Another Wall

Inlands-wetlands commissioners were entitled to credit the testimony of an expert who was against construction of another wall on Bantam Lake property.

CV15-6012668
Pickard, J.

Hartford J.D., at Hartford

Spears v. Cardinal Health 200

African-American Alleged Wrongful Discharge Based on Hair Follicle Test

An African-American machine operator who alleged that he was discharged because he did not pass a hair follicle test, although similarly situated Caucasian workers remained working, possessed the right to allege a common-law wrongful-discharge claim.

CV15-6063597
Peck, J.T.R.

New Haven J.D., at New Haven

Boone v. Balvuca

Non-Economic Damages of $20,000 Failed to Shock Court's Conscience

A jury could award economic damages for medical expenses and non-economic damages, for pain and suffering, to a plaintiff who was injured in a motor-vehicle accident.

CV13-6038706
Burke, J.T.R.

Litchfield J.D., at Litchfield

Baldwick v. McRedmond

Plaintiff Requested Additur to $5,000 Award for Noneconomic Damages

Absent evidence of partiality, prejudice, mistake or corruption, a court could deny plaintiff's request for an additur.

Pickard, J.
Pickard, J.

Stamford/Norwalk J.D., at Stamford

Traylor v. Parker

First Amendment Protected Expressions of Opinions in Broadcast

Portions of a broadcast that stated or suggested that plaintiff's lawsuits were frivolous constituted statements of opinion on matters of public interest and could not be considered defamatory or otherwise actionable.

CV13-5015533
Genuario, J.

New Britain J.D., at New Britain

Simpson v. City of New Britain

Genuine Issue on Whether Plaintiff Intended to Interfere with Police

Failure to provide identification during a Terry stop could provide probable cause for a charge of interfering with a police officer, pursuant to Connecticut General Statutes §53a-167.

CV15-60279450
Young, J.

Hartford J.D., at Hartford

Estate of Pedraza v. State

Administrators Did Not Timely File Claim on Behalf of Deceased Inmate

A claim brought in the name of a deceased individual who had no legal existence or capacity was a nullity.

CV14-6051632
Huddleston, J.

United States District Court

SLSJ v. Kleban

Defendants Admitted they Did Not Comply Fully with Discovery

A court could award sanctions and attorney fees, if defendants refused to comply with a discovery request.

3:14cv390
Haight, J.

United States District Court

Bussolari v. City of Hartford

Citizen Alleged Excessive Force in Violation of Conn. Constitution

A narrow cause of action existed under Article First, Sections 7 and 9 of the Connecticut Constitution for illegal searches and seizures of private homes by law enforcement.

3:14cv149
Meyer, J.

Connecticut Supreme Court

Harrington v. Freedom of Info. Comm'n

'Primary Purpose' Standard Applied To Attorney-Client Privilege

Pursuant to the "primary purpose" standard for evaluating the attorney-client privilege, if a lawyer mixed legal and business advice, a communication would not be privileged unless the communication was designed to meet problems that predominantly were legal.

SC 19586
McDonald, J.

Connecticut Supreme Court

State Farm Fire and Casualty v. Tully

Voluntary Intoxication Did Not Negate Policyholder's Intent

Evidence of voluntary intoxication may not be used to negate intent, in cases in which an insured allegedly engaged in sexual misconduct with a minor when intoxicated.

SC 19600
Robinson, J.

Connecticut Supreme Court

Estate of Rock v. Univ. of Conn.

Estate of UConn Worker Sought Workers' Compensation Benefits

The estate of a deceased worker did not qualify as a "legal representative" for purposes of Connecticut General Statutes §31-294c of the Workers' Compensation Act, and it was not permitted to pursue burial expenses, medical benefits and loss of wages under the act.

SC 19465
Zarella, J.

Freedom of Information Commission

Townsend v. Superintendent of Sch., New Haven Pub. Sch.

Mom Did Not Comprehend the 'P' on Child's Report Card

The Freedom of Information Act did not require that a public agency respond to questions that could only be answered after performing research.

FIC 2015-732
Freedom of Information Commission

Freedom of Information Commission

Schilling v. Superintendent of Sch., Reg'l Sch. Dist. #10

School Provided Discharged BOE Worker Approximately 5,000 Records

Connecticut General Statutes §1-212(a) provided, "Any person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record."

FIC 2015-698
Freedom of Information Commission

Freedom of Information Commission

Ehlert v. First Selectman, Town of Westbrook

Board of Selectmen Wrongly Convened in Executive Session

Connecticut General Statutes §1-200(6) permitted public agencies to convene in executive session to discuss the appointment, employment, performance, dismissal or health of a public officer or employee.

FIC 2016-0030
Freedom of Information Commission

Freedom of Information Commission

Barney v. Town Clerk, Town of Bloomfield

Town Clerk Did Not Find Lawyer's Retainer Agreement and Contract

A municipal clerk was not required to provide copies of records that the municipality did not maintain.

FIC 2015-806
Freedom of Information Commission

Compensation Review Board

Collins v. Town of Wilton

Cop Was Rated with 6 Percent Permanent Partial Heart Disability

A heart-and-hypertension claim was filed timely, if filed within one year of diagnosis.

6023 CRB 7-15-8
Mastropietro, with Walker and Salerno

Board of Mediation and Arbitration

City of Meriden and UPSEU, Local 424

Manager Who Did Not File Report Timely Was Insubordinate

A municipality could discipline a manager who allegedly was insubordinate. Arbitrators unanimously denied the union's claim that a written warning was overly harsh for a manager who did not file a report timely.

2015-A-0473
Ferrucci, Celentano and Sullivan

United States Court of Appeals for the Second Circuit

Lasky v. McHugh

District Court Lacked Jurisdiction to Decide Appeal from Court Martials

Article III courts lacked jurisdiction to directly review decisions about court martials.

15-1374

United States Court of Appeals for the Second Circuit

First Mercury Ins. v. Shawmut Woodworking & Supply

Subcontractor's Insurance Policy Covered Construction Manager

Any ambiguity in an insurance policy must be construed in favor of the insured, because the insurance company drafted the contract.

15-1255-cv and 15-1510-cv
Pooler, J.

United States Court of Appeals for the Second Circuit

Kiranlioglu v. Lynch

Citizen of Turkey Failed to Prove he Entered into Good-Faith Marriage

The Second Circuit generally lacked jurisdiction to review discretionary denials of relief.

15-2340-ag

United States Court of Appeals for the Second Circuit

Ricciuti v. Gyzenis

Officer Claimed She Contacted Local Leaders as a Private Citizen

No reasonable official who credited plaintiff's version of the facts could have found that plaintiff's speech was made pursuant to her official duties as a patrol officer.

12-432-cv
Pooler, J.