Decisions

Recent Decisions

New London J.D., at Norwich

Perkins v. Negron

A landlord may not file a summary-process complaint to evict a tenant within six months of the date that a tenant files a complaint about the conditions of the subject property to a municipal health department.

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

New London J.D., at New London

Ingram v. Natale

An owner may owe a social invitee the duty to make her residence safe for visitors and to protect the invitee from a cat.

Practice Areas: Torts , Premises Liability , Invitees

New Haven J.D., at New Haven

Haag v. Tayco Corp.

Allegations that an individual owned and controlled the property, knew or should have known that the grounds were unsafe, and that the individual's alleged failure to correct caused the decedent's death, may be sufficient to allege a duty pursuant to a theory of premises liability.

Practice Areas: Products Liability , Torts , Personal Injury , Wrongful Death

New Haven J.D., at New Haven

Li v. Yaggi

Allegations that the defendant sellers simultaneously entered into a contract with a third party for the sale of the same property and intentionally breached their contract with the plaintiff buyers may be insufficient to allege a violation of the Connecticut Unfair Trade Practices Act, if the defendant sellers are not in the business of selling real estate.

Practice Areas: Residential and Commercial Real Estate , Consumer Protection

Hartford J.D., at Hartford

Hamilton v. Windsor Locks Zoning Board of Appeals

Although the "free cut" rule might permit division of a parcel into two lots without subdivision approval, it may not permit the applicant to make a "free cut," if the resulting properties do not comply with zoning regulations and no hardship exists.

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

New Haven J.D., at New Haven (Housing Court)

Renaissance Management v. Mabery

Serious nuisance is defined as "using the premises or allowing the premises to be used for . . . the illegal sale of drugs."

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

New Haven J.D., at New Haven (Housing Court)

Orange Palladium LLC v. Bru Cafe Inc.

A court can order a commercial tenant to pay use-and-occupancy payments to a landlord, even if a rainstorm resulted in a flood at the property.

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

Waterbury J.D., at Waterbury (Housing Court)

Clintonville Associates LLC v. Marsal LLC

Absent an express provision in the lease that requires that a tenant's business remain in operation a certain number of hours, a landlord may not be able to evict a commercial tenant that fails to operate its business every day.

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

New Haven J.D., at New Haven (Housing Court)

Carabetta Management Co. v. Borsari

Infliction of bodily harm, or a threat to inflict such harm, may qualify as a "serious nuisance," pursuant to Connecticut General Statutes §47a-15.

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

New London J.D., at New London

Prejean v. Lawrence & Memorial Hospital Inc.

A patient who alleges that a hospital negligently failed to train and to supervise employees must provide an opinion from a similar health care provider who opines in writing that the hospital negligently failed to train and to supervise.

Practice Areas: Health Law , Medical Malpractice

New London J.D., at New London

McNiece v. Town of Waterford

Allegations that municipal officials acted with reckless disregard to health or safety, because they refused to inspect a property, may be insufficient, unless a plaintiff alleges a high degree of danger specific to a particular property.

Practice Areas: Election and Political Law , Torts

Waterbury J.D., at Waterbury

Mendler v. Mendler

Loss of employment may qualify as a substantial change in circumstances for purposes of alimony and child support.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Marsh v. Marsh

A court can approve the payment of fees to a court-appointed guardian ad litem.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Keller v. Keller

A court can find a party in contempt of court for failure to comply with a clear and unambiguous order to provide a password to an iPhone.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Garesio v. American Sports Nutrition Inc.

Allegations that an employer ordered workers to violate a court injunction and discharged workers when they did not comply may be sufficient to allege that an employer was recklessly indifferent to workers' rights.

Practice Areas: Labor and Employment , Hiring/Firing

New Haven J.D., at New Haven

Sanchez v. Department of Transportation

A court can award economic damages, for medical expenses and property damage, and non-economic damages, for pain and suffering. The plaintiff alleged the following facts.

Practice Areas: Torts , Damages , Motor Vehicles , Personal Injury

New Britain J.D., at New Britain

Ibbison v. Commissioner of Motor Vehicles

Connecticut General Statutes §14-227b(e)(1), which requires that a suspension of a motor-vehicle license "shall" take place within 30 days of arrest, is directory as opposed to mandatory.

Practice Areas: Criminal Law

New Haven J.D., at New Haven

Francis v. Department of Correction

Connecticut General Statutes §52-571b permits an individual whose exercise of religion has been burdened to assert that violation as a claim and to obtain appropriate relief from the state.

Practice Areas: Criminal Law , Constitutional Law

New London J.D., at New London

Swann v. City of New London

Process must include a defendant's real name to protect a defendant's rights.

Practice Areas: Civil Procedure , Parties , Torts , Intentional Torts , Assault , Education Law

U.S. District Court

Karas v. Liberty Insurance Corp.

When the legal issue of whether the term "foundation" in an insurance policy is ambiguous as to whether it includes the basement walls or only the footing on which the basement walls rest, that ambiguity may be construed against the party that drafted the policy.

Practice Areas: Insurance Law , Policy Terms

U.S. District Court

United States v. Trudeau

The statutory maximum sentence for committing or conspiring to commit wire fraud is 240 months, if the wire fraud does not affect a financial institution and 360 months, if the wire fraud affects a financial institution.

Practice Areas: Criminal Law

U.S. District Court

Daniels v. Murphy

Shoe inserts may qualify as a reasonable accommodation under the Americans With Disabilities Act.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

U.S. District Court

L.S. v. Webloyalty.Com Inc.

A consumer's allegation that an online retailer tricked the consumer and engaged in negligent and fraudulent misrepresentation must be pled with particularity.

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

U.S. District Court

Li v. Colonial BT

Federal courts may exercise subject-matter jurisdiction if complete diversity of citizenship exists between the plaintiff and all defendants, and the amount in controversy exceeds $75,000, pursuant to 28 United States Code §1332(a).

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Premises Liability

U.S. District Court

Bernstein v. Mafcote Inc.

A court may quash a subpoena that seeks the disclosure of records concerning an employee's departure from a former employer.

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

Connecticut Appellate Court

Avery v. Medina

Given dictionary definitions and the Supreme Court's 2012 decision in Zirinsky v. Carnegie Hill Capital Asset Management, LLC, the term "permanent structure" is not ambiguous but equates to a structure that is not meant to be temporary or transient, but, rather, is meant to be fixed, lasting, and not readily abated.

Practice Areas: Residential and Commercial Real Estate

Connecticut Appellate Court

Baruno v. Slane

In this legal malpractice action, because the trial court found that the defendant attorney departed from the applicable standard of care in representing the plaintiffs, the plaintiffs were entitled to a recovery against the defendants if the plaintiffs established at trial that their claimed injuries were caused by that wrongful conduct and if they established the amount of those claimed damages.

Practice Areas: Legal Profession , Attorney Malpractice , Torts , Causation , Damages

Connecticut Appellate Court

Henderson v. State of Connecticut

Although in reviewing a motion to dismiss, the complaint's allegations must be construed in the light most favorable to the plaintiff, to survive the defense of sovereign immunity the complaint must nevertheless allege sufficient facts to support a finding of unconstitutional or extrastatutory state action.

Practice Areas: Contracts , Land Use and Planning

Connecticut Appellate Court

Lineberry v. Estevam

Connecticut General Statutes §46b-6 authorizes a trial court to order an investigation of any circumstances pertaining to the disposition of a family relations matter while C.G.S. §46b-7 requires that once such an investigation is ordered, the case shall not be disposed of until the report has been filed and counsel and the parties have had a reasonable opportunity to examine it prior to the case being heard.

Practice Areas: Family Law , Civil Procedure

Connecticut Appellate Court

Hirschfeld v. Machinist

As explained in the 2012 Appellate Court decision in this case, Hirschfeld v. Machinist, "a separation agreement, incorporated by reference into a judgment of dissolution, is to be regarded and construed as a contract."

Practice Areas: Family Law , Contracts

Connecticut Appellate Court

Coleman v. Coleman

An inheritance received by one of the parties before the dissolution of a marriage constitutes part of that person's estate subject to assignment under Connecticut General Statutes §46b-81.

Practice Areas: Family Law

Connecticut Appellate Court

State v. Salazar

Constancy of accusation testimony properly can be used to corroborate a victim's testimony under the 1996 Supreme Court case of State v. Troupe, but, cannot be used for substantive purposes.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

DeNunzio v. DeNunzio

Although the factors to consider in determining whom to appoint as conservator set forth in Connecticut General Statutes §45a-650(h) present factual inquiries for the court's consideration, the nature of the court's inquiry, does not, in itself, preclude the admission of opinion testimony, or in any other way define the permissible evidentiary parameters for said consideration.

Practice Areas: Evidence , Expert Witnesses , Hearsay , Trusts and Estates

Connecticut Appellate Court

Burns v. RBS Securities, Inc.

The mere practice or custom of an employer to issue cash bonuses does not, by itself, create a contractual obligation.

Practice Areas: Labor and Employment , Employee Benefits , Executive Compensation (Labor and Employment) , Contracts

Connecticut Appellate Court

American Federation of State, County and Municipal Employees, Council 4, Local 13-3-385 v. Town of Westport Department of Public Works

Construing Connecticut General Statutes §7-473c in Bridgeport Firefighters Association, IAFF, Local 834 v. Bridgeport, the 1998 Appellate Court held that "it is not a rational interpretation of the statute to require each panel member to set forth the specific reasons and standards used in making his choice on all [30] issues where the report from the panel indicates that the specific reasons given and standards used were agreed to by all members of the panel."

Practice Areas: Alternative Dispute Resolution , Labor and Employment , Labor Law

Connecticut Appellate Court

Abele Tractor and Equipment Company, Inc. v. Sono Stone and Gravel, LLC

A trial court lacks the power to accept a report of an attorney trial referee that does not comply with the 120 day time limit in Practice Book §19-4.

Practice Areas: Civil Procedure , Evidence

Connecticut Supreme Court

Mueller v. Tepler

The Supreme Court determined that it could, and it should, expand the common-law claim for loss of consortium to members of couples who were not married when the tortious conduct occurred, but who would have been married if the marriage had not been barred by state law.

Practice Areas: Torts

Connecticut Supreme Court

Perry v. Perry

Connecticut General Statutes §46b-62 only allows for the payment of the fees for the attorney for the minor child and contains no language regarding counsel hired by the attorney for the minor child.

Practice Areas: Family Law , Legal Profession , Attorney Fee Recovery , Civil Procedure

Connecticut Supreme Court

State v. Johnson

Eyewitness identifications by private actors, untainted by any unduly suggestive state action, do not implicate the due process provisions of the state constitution unless, as with any other form of evidence, the identification was so extremely unreliable that its admission deprived the defendant of his right to a fair trial.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Supreme Court

JP Morgan Chase Bank, N.A. v. Winthrop Properties, LLC

Connecticut General Statutes §49-1, under which the foreclosure of a mortgage is a bar to further action against persons liable for the payment of the mortgage debt, note or obligation who are, or may be, made parties to the foreclosure, does not apply to guarantors of the mortgage note.

Practice Areas: Creditors’ and Debtors’ Rights

Board of Mediation and Arbitration

City of Meriden and AFSCME, Council 4, Local 595

The issue of how much compensation a worker is entitled to, if the employer asks the employee to work during a vacation period, is arbitrable.

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

New Haven J.D., at New Haven

Velecela v. All Habitat Services LLC

The exclusivity provision in the Workers' Compensation Act can prevent a widow who received benefits under the Workers' Compensation Act from maintaining a claim for emotional distress.

Practice Areas: Social Services Law , Workers’ Compensation

Middlesex J.D., at Middletown

Noyes v. Regan

After the testator passes away, the estate administrator or executor may be the only individual who can challenge the conduct of an attorney in fact.

Practice Areas: Trusts and Estates

Hartford J.D., at Hartford

Kidwell v. Gagnier

A power of attorney is extinguished at the time of the grantor's death, and an individual may not rely on the power of attorney to make a gift after death.

Practice Areas: Trusts and Estates

New London J.D., at New London

Browne v. Whitney

Connecticut General Statutes §14-295 provides that if the plaintiff "has specifically pleaded that another party has deliberately or with reckless disregard operated a motor vehicle in violation" of certain statutes, and the "violation was a substantial factor in causing" the plaintiff's injury, the trier of fact can award double or treble damages.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Ansonia/Milford J.D., at Derby

Reznik v. City of Milford

Property owners who appeal from an interim assessment may be required to exhaust administrative remedies by filing an appeal to the board of assessment appeals.

Practice Areas: Taxation

Danbury J.D., at Danbury

Hampden v. Town of Ridgefield

"Open space" can be defined as all unimproved contiguous parcels of land, excluding house lots, held in single ownership which consist of at least the minimum lot size required for the zoning district within which the premises are located as designated on the latest official zoning map.

Practice Areas: Taxation

New Haven J.D., at New Haven

Stevens v. Helming

The privilege of fair comment is a qualified privilege to express an opinion or otherwise comment on matters of public interest.

Practice Areas: Communications and Media Law

Stamford/Norwalk J.D., at Stamford

Foti v. United Service Automobile Association

An insurer that breaches it duty to defend can be held responsible for fees and costs of settlement.

Practice Areas: Insurance Law , Health Law

Fairfield J.D., at Bridgeport

Foster v. de Cholnoky

A wrongful-death action may be brought on behalf of a fetus who dies as a result of prenatal injuries, regardless of whether the injuries were sustained when the fetus was viable, pursuant to In Re: Valerie D., a 1992 decision of the Connecticut Appellate Court.

Practice Areas: Medical Malpractice , Torts , Wrongful Death

New London J.D., at Norwich

Marshall v. Marshall

To prevail on a motion to relocate, a party must prove, by a preponderance of the evidence, that: 1.) relocation is for a legitimate purpose; and 2.) relocation is reasonable in light of the purpose; and 3.) relocation is in the best interests of the minor child.

Practice Areas: Family Law , Custody and Child Support

New London J.D., at Norwich

Lavoie v. Lavoie

A court can find that a parent's receipt of a substantial settlement in a whistleblower case constitutes a substantial change in circumstances for purposes of child support.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Jerolman v. Jerolman

A court can find it is in the best interests of a minor child to award sole custody to the father, because the mother struggles to handle the child when he misbehaves.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at Meriden

Hamideh v. Hamideh

Earning capacity is not an amount a person can theoretically earn, nor is it confined to actual income; it is an amount a person can realistically be expected to earn, considering skills, employability, age and health.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport

Rebeca v. Katz

A parent's decision to refrain from testifying at a neglect trial, to protect her 5th Amendment right against self-incrimination, does not make the evidence "new evidence" under Connecticut General Statutes §52-270(a), if the parent is willing to testify after criminal charges are resolved.

Practice Areas: Evidence , Family Law , Custody and Child Support

Danbury J.D., at Danbury

State v. Bigelow

A court can deny an indigent defendant's request for a fee waiver, in connection with a petition for a new trial, if the defendant possesses a history of filing frivolous petitions and motions.

Practice Areas: Criminal Law

Tolland J.D.

Hickey v. Warden

An attorney's failure to immediately request a cautionary jury instruction, when evidence of uncharged, prior conduct is introduced may qualify as ineffective assistance of counsel.

Practice Areas: Criminal Law

Stamford/Norwalk J.D., at Stamford

Song v. Szabo

A judgment creditor who moves to increase payments from a judgment debtor possesses the burden to prove, by a preponderance of the evidence, a substantial change in the earnings or earning capacity of the judgment debtor.

Practice Areas: Creditors’ and Debtors’ Rights

Ansonia/Milford J.D., at Milford

Doe v. Doe

A court may grant permission to a defendant who claims mistaken identity to use a pseudonym in a suit alleging that the defendant engaged in sexual offenses when the plaintiff was 5 years old.

Practice Areas: Civil Procedure , Parties , Torts , Intentional Torts , Assault

United States District Court

Pham v. Department of Children and Families

Absent evidence of derogatory remarks or other race-based abuse, an inference of discrimination on the basis of race or national origin may not exist, as required to allege a prima facie case of discrimination.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

U.S. District Court

Bethea v. Angel

Allegations that corrections officers falsely informed inmates that a prisoner raped children and was a snitch can be sufficient to allege failure to protect and deliberate indifference to safety, if other inmates attack the prisoner.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

U.S. District Court

Larobina v. Wells Fargo Bank

Allegations that a plaintiff suffered from emotional distress may be insufficient to allege an "ascertainable loss," for purposes of the Connecticut Unfair Trade Practices Act.

Practice Areas: Consumer Protection , Creditors’ and Debtors’ Rights

United States District Court

Cayo v. Sefcik

Absent allegations that a trooper acted with reckless disregard for the truth and made a false statement in an arrest affidavit, the trooper may be entitled to qualified immunity on allegations of malicious prosecution.

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

U.S. District Court

Jefferson v. United States

Plaintiffs who sue the government pursuant to the Federal Tort Claims Act must prove that they timely exhausted administrative remedies, within two years of the alleged accident.

Practice Areas: Civil Procedure , Statute of Limitations , Torts , Motor Vehicles , Personal Injury

Connecticut Appellate Court

O'Hara v. Mackie

It was not an abuse of the trial court's discretion to deny the plaintiff's application to subpoena the defendant as a witness when the defendant testified at trial and no subpoena to ensure her presence was needed.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Zen T.

A parent has a statutory, not constitutional, right to appointed counsel in termination of parental rights proceedings; no known statute requires the court, sua sponte, to appoint counsel for a party who has moved to open a judgment terminating parental rights.

Practice Areas: Family Law , Constitutional Law

Connecticut Appellate Court

In Re Yasiel R.

No binding precedent supports the proposition that a parent has a constitutional right to be personally canvassed at the trial stage of termination proceedings.

Practice Areas: Family Law , Constitutional Law

Connecticut Appellate Court

Amos Financial, LLC v. Patel

Where a default enters pursuant to Practice Book §17-31 for failure to comply with discovery procedures, the court "may render judgment in any contract action where the damages are liquidated provided that the plaintiff has made a motion for judgment and submitted the affidavits and attachments specified in [§] 17-25(b)(1);" and, here, the court did not err in requiring the foundation for the admission of documents under the business record exception to the hearsay rule to be established by traditionally admissible evidence.

Practice Areas: Evidence , Civil Procedure

Connecticut Appellate Court

State v. Inglis

Claims pertaining to the adequacy of a court's instructions on misidentification are not constitutional in nature and, when unpreserved, do not merit review under the Supreme Court's 1989 decision in State v. Golding.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Francis v. Commissioner of Correction

The right of the accused to be heard by an impartial tribunal is guaranteed by the state and federal constitutions and need not be recited in each statute delineating the criminal procedure of the state.

Practice Areas: Criminal Law

Connecticut Supreme Court

Commissioner of Public Safety v. Freedom of Information Commission

Connecticut General Statutes §1-215 requires only disclosure of the name and address of the accused; the date, time and place of the arrest and offense; and either the arrest report, the incident report or a news release or other, similar report.

Practice Areas: Communications and Media Law

Connecticut Supreme Court

State v. Ortiz

While the tampering with a witness statute, Connecticut General Statutes §53a-151(a), requires the intent to influence a witness' conduct at an official proceeding, a jury may infer this intent from the defendant's attempt to prevent an individual from giving a statement to police.

Practice Areas: Criminal Law

Connecticut Supreme Court

State v. Henderson

Citing judicial economy, the Supreme Court, in its 2014 decision in Blumberg Associates Worldwide, Inc. v. Brown & Brown of Connecticut, Inc., held that, when an appellant would not be entitled to a directed judgment upon prevailing on the claim raised on appeal, the reviewing court may raise, sua sponte, an alternative ground for affirmance that would be likely to arise on remand.

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Supreme Court

State v. Buie

In the context of a search of a private apartment, the apparent authority doctrine does not violate the right of citizens to be free from unreasonable searches, pursuant to Article First, §7, and an owner or a tenant's girlfriend can provide permission to enter.

Practice Areas: Criminal Law , Constitutional Law

State Elections Enforcement Commission

Complaint by: Rydingsward

It may not violate statute for a registrar of voters to direct staff to call in absentee ballot markings, without consulting the other registrar.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Reed

The State Elections Enforcement Commission may exercise its discretion not to penalize political candidates who order signs without "paid for by" and "approved by" attributions, if the signs exceed the 32-square-foot maximum and are 32.07 square feet.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Ancona

Allegations that a 501(c)(3) charity commissioned a survey on the public's opinion about schools and education and released the results in a press release that reflected favorably on an incumbent governor may be insufficient to trigger the incumbent governor's responsibility to form a candidate committee and to file campaign reports.

Practice Areas: Administrative Law , Election and Political Law

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

United States v. Nawaz

At sentencing, a court must reduce the amount of restitution owed by the amount the victim received when selling collateral, as opposed to the value of the collateral when the victim received it.

Practice Areas: Criminal Law

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

United States v. Ganias

Suppression is required only when 1.) agents effect a widespread seizure of items not within the scope of the warrant; and 2.) agents do not act in good faith.

Practice Areas: Criminal Law , Taxation

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

DiMuro v. Clinique Laboratories LLC

To allege false and misleading advertisement, plaintiffs may be required to allege that: 1.) named plaintiffs used the product; 2.) they used the product as directed; 3.) they expected certain benefits; and 4.) they did not receive benefits for which they hoped.

Practice Areas: Consumer Protection , Contracts , Warranties

Waterbury J.D., at Waterbury

Stallings v. Administrator, Unemployment Compensation Act

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

Practice Areas: Social Services Law , Unemployment Compensation

Ansonia/Milford J.D., at Derby

Sheppard v. Sisbarro

The parents of an adult child are not legally responsible for the conduct of that child, in the absence of any custodial or other, special relationship that may exist when an adult child has a special need for care or supervision.

Practice Areas: Torts , Personal Injury , Motor Vehicles

New London J.D., at New London

Cote v. Gay

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

Practice Areas: Torts , Personal Injury , Motor Vehicles

New Haven J.D., at New Haven

Butler v. Saville

A waiver that releases a gym from responsibility for any injury or damage to a customer may not be enforceable.

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

New Haven J.D., at New Haven

Gonzales v. Langdon

The written opinion of a board-certified dermatologist may not comply with requirements in Connecticut General Statutes §52-190a that the written opinion be written by a "similar health care provider," if the defendant doctor is board-certified as both a dermatologist and a cosmetic surgeon.

Practice Areas: Health Law , Medical Malpractice

Hartford J.D., at Hartford

York v. Commissioner of Department of Environmental Protection

An exemption to sovereign immunity that exists for "periodic payments" may not apply to a private plaintiff who requests lump sum compensatory and punitive damages.

Practice Areas: Labor and Employment , Wages and Hours

New Britain J.D., at New Britain

Lieberman v. Aronow

Reports that were written in response to a grievance about workplace conduct may not qualify for an exemption from disclosure that applies to "record[s] of the performance and evaluation of a faculty member."

Practice Areas: Administrative Law

Stamford/Norwalk J.D., at Stamford

Richman v. Haims

When calculating child support, a court may impute income based on the amount that a party spends.

Practice Areas: Family Law , Custody and Child Support

Waterbury J.D., at Waterbury

Massey v. Cuvelier

To prevail on a motion to relocate, a parent must establish, by a preponderance of the evidence that: 1.) relocation is for a legitimate purpose; 2.) the proposed relocation is reasonable in light of the legitimate purpose; and 3.) relocation is in the best interests of the child.

Practice Areas: Family Law , Custody and Child Support

Willimantic (Juvenile Matters)

In Re: Raymond

A court can find that a child is in immediate physical danger, and that immediate removal of the minor child is required to ensure the child's safety, because the child's mother repeatedly exposed the minor child to a dangerous partner.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Colangelo v. Colangelo

A court can find that a former chief financial officer who lost his job and was unable to find another one possesses an earning capacity based on the minimum wage of $8.70 per hour.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Camp v. Camp

A court can order the parties not to relocate more than 25 miles from the marital residence, without permission from the court or the other party's written consent.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport

Kellett v. Unger Enterprises Inc.

The Connecticut Fair Employment Practices Act does not expressly permit an award of punitive damages.

Practice Areas: Labor and Employment , Discrimination , Age Discrimination

New Haven J.D., at New Haven

Jimenez v. Sun Escape LLC

In a dog-bite case, a court can award economic damages for medical expenses and noneconomic damages for pain, suffering and scarring.

Practice Areas: Torts , Damages , Personal Injury

New Haven J.D., at New Haven

Bowers v. Otano

A court can award economic damages for medical expenses and non-economic damages for pain and suffering to the victim of a pit bull attack. On June 20, 2011, the plaintiff, Lisa Bowers, was walking her dog when the defendants' pit bull allegedly attacked her.

Practice Areas: Torts , Damages , Personal Injury

New Haven J.D., at New Haven, G.A. 23

State v. Everheart

The fact that the state designated a warrant as non-extraditable may not provide good cause to release a bail bond company from its obligation, if the principal flees to another state.

Practice Areas: Criminal Law , Contracts , Breach , Rescission

New London J.D., at New London

Hayn v. Keith Aurand Construction

A party may object in writing to a request to undergo a medical exam.

Practice Areas: Civil Procedure , Discovery

Fairfield J.D., at Bridgeport

Doe v. Stamford Board of Education

A court may permit plaintiffs to use pseudonyms, if use of pseudonyms is the least restrictive and least intrusive method to balance the interest of the public to openness against the privacy interests of the plaintiffs.

Practice Areas: Civil Procedure , Parties , Torts , Intentional Torts , Assault

U.S. District Court

Johnson v. Jamaica Government

The Foreign Sovereign Immunities Act, 28 United States Code §1602, provides the sole basis to obtain jurisdiction over a foreign sovereign in a United States court.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Immigration Law

U.S. District Court

MacDermid Printing Solutions Inc. v. Cortron Corp.

An expert economist's use of a nationwide, as opposed to a worldwide, analysis of anti-competitive conduct on markets may not be sufficient grounds to preclude the expert.

Practice Areas: Evidence , Expert Witnesses , Relevance , Antitrust