Recent Decisions

Freedom of Information Commission

Treat-Perry v. Superintendent of Schools, East Haddam Public Schools

Parent and student surveys used in the process to evaluate teachers constituted "records of teacher performance and evaluation," within the meaning of Connecticut General Statutes §10-151c and were not subject to the mandatory disclosure provisions in C.G.S. §1-210(a).

Practice Areas: Administrative Law

Freedom of Information Commission

Peruta v. Bradford

No exemption or exception within the Freedom of Information Act permitted the email addresses of active firearm dealers in the state to be withheld, based on "privacy concerns."

Practice Areas: Administrative Law

Freedom of Information Commission

McDonnell v. Commissioner, State of Connecticut, Department of Emergency Management and Public Protection

Connecticut General Statutes §52-142a did not operate to erase the entire case file of a homicide investigation; such a contention was not in accordance with the language of the statute or court precedent.

Practice Areas: Administrative Law

Freedom of Information Commission

Baer v. Witkowski

Connecticut General Statutes §1-206(b)(1) requires that a Freedom of Information Act appeal be filed within 30 calendar days of the alleged violation, not 30 business days.

Practice Areas: Administrative Law

Freedom of Information Commission

Bachiochi v. Commissioner, State of Connecticut, Department of Correction

The release of numerical data describing a correction officer's leave accrual balances by vacation, sick time or time off, could not be used to determine attendance patterns to plan an attack and, therefore, reasonable grounds were lacking to believe that disclosure of the records might result in a safety risk under Connecticut General Statutes §1-210(b)(18)(G).

Practice Areas: Administrative Law

Freedom of Information Commission

Aiello v. Board of Finance, Town of Morris

A municipal board of finance violated the Freedom of Information Act by holding a regular meeting on Lincoln's birthday, a state holiday, as Connecticut General Statues §1-230 relevantly provides, "[i]f . . . any regular meeting falls on a holiday, such regular meeting shall be held on the next business day."

Practice Areas: Administrative Law

Board of Mediation and Arbitration

City of Ansonia and AFSCME, Council 15, Local 913

A municipality can violate a collective bargaining contract, if the city does not permit a police officer to take a physical agility exam that would qualify the police officer for a $200 bonus.

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

United States Court of Appeals for the 2nd Circuit

Visels Drug Store Inc. v. Drug Enforcement Agency

The Drug Enforcement Agency is not obligated to grant a request for a waiver, to permit a convict to obtain access to controlled substances in a pharmacy, even if a waiver would serve the public's interest.

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

United States Court of Appeals for the 2nd Circuit

Martino v. Metro North Commuter Railroad Co.

To prevail on a claim that a union breached its duty of fair representation, a union member must prove: (1) conduct that was arbitrary, discriminatory or in bad faith; and (2) a causal connection between the union's wrongful conduct and the union member's injuries.

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements

United States Court of Appeals for the 2nd Circuit

Reynolds v. Holder

The 2nd Circuit can exercise hypothetical jurisdiction "where the jurisdictional constraints are imposed by statute, not the Constitution, and where the jurisdictional issues are complex and the substance of the claim is . . . plainly without merit," pursuant to Ivanishvili v. U.S. Dep't of Justice, a 2006 decision of the 2nd Circuit.

Practice Areas: Immigration Law

United States Court of Appeals for the 2nd Circuit

Rasaiah v. Holder

An alien who proves past persecution may be entitled to a presumption of future persecution, unless the government proves, by a preponderance of the evidence, a fundamental change in circumstances in the applicant's country.

Practice Areas: Immigration Law

United States Court of Appeals for the 2nd Circuit

Ikpe v. Holder

An individual may be unable to rehabilitate inconsistent evidence about threats, if he lacks any independent evidence to corroborate his testimony.

Practice Areas: Immigration Law

United States Court of Appeals for the 2nd Circuit

United States v. Gilliam

Defendants may not be entitled to a mistrial on charges of conspiracy to distribute drugs, even if the government unintentionally elicited testimony about an incident in which one defendant shot at a co-conspirator, if the district court immediately issued a curative instruction and struck the testimony, and evidence against the defendants was overwhelming.

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Fields

A jury instruction is flawed if "it misleads the jury as to the correct legal standard or does not adequately inform the jury on the law," pursuant to United States v. Dinome, a 1996 decision of the 2nd Circuit.

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Hylton

A wife who engages her husband to serve as her business representative and to deal with prospective tenants can be held vicariously responsible, if her husband allegedly engages in discrimination on the basis of race, in violation of the Fair Housing Act.

Practice Areas: Civil Rights , Landlord/Tenant Law

United States Court of Appeals for the 2nd Circuit

Sargent v. Emons

Absolute judicial immunity bars claims for injunctive relief under §1983 against judges acting in their official capacities, provided that declaratory relief remains available, the judge did not exceed her jurisdiction and the plaintiff did not allege that a declaratory judgment was violated.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Parties , Provisional Remedies , Civil Rights

Stamford/Norwalk J.D., at Stamford

Tazi v. Silva

A jury that reasonably concludes that a plaintiff who was rear-ended exaggerated her injuries may not be required to award non-economic damages, for pain and suffering.

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

New Britain J.D., at New Britain

Rogan v. Rungee

A court can award punitive damages to a plaintiff who proves the intentional tort of common-law vexatious litigation.

Practice Areas: Torts , Intentional Torts , Abuse of Process , Emotional Distress , Damages

New London J.D., at New London

Gersh v. Simco

A court can award the victim of a dog attack damages for medical expenses, emotional distress and pain and suffering.

Practice Areas: Torts , Emotional Distress , Damages

Waterbury J.D., at Waterbury

Carlin v. City of Waterbury

When carpets are raised and wet, a court can find that the property owner is responsible when a visitor trips and falls, even if the visitor previously has fallen six times.

Practice Areas: Torts , Damages , Personal Injury

Waterbury J.D., at Waterbury

Sowell v. DiCara

A defense law firm may be able to represent both an individual defendant and the plaintiff's former employer, without violating the Rules of Professional Conduct.

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

New London J.D., at New London

Tracy v. Smith Insurance Inc.

The plain language of Connecticut General Statutes §46a-104 clearly and unambiguously allows a plaintiff who prevails on a Connecticut Fair Employment Practices Act claim to recover punitive damages.

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

Hartford J.D., at Hartford

Sawicki v. New Britain General Hospital

Absent evidence that a jury awarded any damages for loss of household services, a court can deny a request for remittitur that seeks to reduce the award by $524,249, which was the amount that the plaintiff requested for loss of household services.

Practice Areas: Health Law , Medical Malpractice

Fairfield J.D., at Bridgeport

Wilson v. Wilson

A court can find that a proposed relocation to another state is not in the best interests of the minor child.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford (Juvenile Matters)

In Re: Nyara

A court can find it is not in the best interests of the minor children, who are strongly bonded to their great-grandmother, to return them to their mother.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Koziol v. Yale University

The 14th Amendment requires that minimum contacts exist between the defendant and the forum state, and allegations that the defendant lived and worked in Connecticut at the time that he allegedly committed tortious conduct can be sufficient for minimum contacts.

United States District Court

Lavatec Laundry Technology v. Lavatec Inc.

If a plaintiff proves a likelihood of consumer confusion that may harm the plaintiff's reputation and goodwill, and the balance of equities favor the plaintiff, a court may issue a preliminary injunction and bar the defendant's use of a trade name in advertisements, promotions or sales.

Practice Areas: Intellectual Property , Civil Procedure , Provisional Remedies

United States District Court

Azoulay v. Allstate Insurance Company

An insured who submits a flood insurance claim to an insurance company must sign and notarize the proof of loss.

Practice Areas: Insurance Law , Policy Terms , Contracts , Breach , Residential and Commercial Real Estate

United States District Court

United States v. Mack

The good-faith exception to the exclusionary rule provides that evidence will only be suppressed if a reasonably well-trained officer would have known that a search conducted pursuant to 18 United States Code §2703(d) was illegal, in light of the circumstances.

Practice Areas: Criminal Law , Constitutional Law , Evidence

United States District Court

Carlberg v. Loschiavo

A court can deny a motion to amend a complaint, if evidence exists of undue delay or prejudice to an opponent.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Parties

Connecticut Appellate Court

Vitali v. Southern New England Ear, Nose, Throat and Facial Plastic Surgery Group LLP

Connecticut Practice Book §13-4 requires the disclosure of: (1) the name of the expert witness; (2) the subject matter about which the expert is expected to testify; (3) the substance of the facts and opinions to which the expert is expected to testify; and (4) a summary of the grounds for each opinion.

Practice Areas: Evidence , Expert Witnesses , Health Law , Medical Malpractice

Connecticut Appellate Court

State v. Perugini

To prove that a defendant is guilty of assault in the second degree, the state must establish, beyond a reasonable doubt that: (1) the defendant intended to cause serious physical injury to the victim; and (2) the defendant actually caused serious physical injury.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Benefield

An unqualified consent to a "complete search" of a saliva sample taken in 1986 permitted newer DNA testing to be performed in 2009, as the defendant surrendered any expectation of privacy in the sample in 1986, regardless of how or when the sample was to be tested.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Harger v. Odlum

The denial of a motion to dismiss based on lack of personal jurisdiction over the defendant does not result in an appealable final judgment.

Practice Areas: Appellate Law - Civil , Interlocutory Appeal , Health Law , Medical Malpractice

Connecticut Appellate Court

Bobbin v. Sail The Sounds, LLC

An application to compel arbitration is a civil action for the purposes of dismissal pursuant to Practice Book §14-3.

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Civil Procedure , Motion Practice

Connecticut Supreme Court

Robinson v. Cianfarani

The common-law rule is that an abutting landowner ordinarily is under no duty to keep the public sidewalk in front of his property in a reasonably safe condition.

Practice Areas: Torts , Personal Injury

Connecticut Supreme Court

State v. Kalil; State v. Cote

Evidence of uncharged misconduct can be admitted to prove intent, identity, malice, motive, a system of criminal activity or the elements of a crime.

Practice Areas: Evidence , Criminal Law

Connecticut Supreme Court

E and M Custom Homes LLC v. Negron

If certification was granted improvidently, the Supreme Court can dismiss the appeal of a trial court decision that found that a general contractor breached the homeowner's contract.

Practice Areas: Contracts , Breach , Consumer Protection , Appellate Law - Civil

New Britain J.D., at New Britain

Walters v. Smith

At a hearing in damages, a court can award economic damages for medical expenses, non-economic damages for pain and suffering and punitive damages.

Practice Areas: Torts , Intentional Torts , Assault , Damages

Hartford J.D., at Hartford

H-K Properties LLC v. East Brook F LLC

Allegations that a duty existed not to interfere unreasonably with a property interest in an easement, that the defendant breached that duty and that the plaintiff was damaged can be sufficient to allege negligence.

Practice Areas: Residential and Commercial Real Estate , Torts , Intentional Torts , Consumer Protection

Danbury J.D., at Danbury

Bruno v. Chase Home Finance LLC

Rule 3.5 of the Rules of Professional Conduct bars a lawyer from communicating ex parte with a judge during a legal proceeding, unless authorized by law or court order.

Practice Areas: Legal Profession

New Haven J.D., at Meriden

Drauss v. Revera Health Systems Management

The purpose of Connecticut General Statutes §31-51m is to protect an employee who complains about an employer's actions or conduct, and the statute may not protect an employee who reports to police that a supervisor allegedly assaulted her.

Practice Areas: Labor and Employment , Hiring/Firing , Whistle-blower Law

Fairfield J.D., at Bridgeport

Wurzel v. Wurzel

A court can reduce unallocated alimony and child support, as a result of a substantial change in the payor's health and income.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Roy v. Roy

A court can elect not to exercise jurisdiction over child custody and support, because the minor children possess significant connections to another state.

Practice Areas: Family Law , Custody and Child Support , Civil Procedure , Jurisdiction and Service of Process

Windham J.D., at Willimantic (Juvenile Matters)

In Re: Avery

A court can find that termination of a biological father's parental rights is not in the best interests of a minor child.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown (Child Protection Session)

In Re: Annabelle

A court can find it is in the best interests of a minor child to terminate the parental rights of parents whose child allegedly had six broken ribs in various stages of healing.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Goodridge v. Goodridge

A court can order that a parent pay more child support, if one of the children suffers from asthma and attention deficit hyperactivity disorder.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Republican Party of Connecticut v. Democratic Party of Connecticut

A party that alleges that another political party violated election laws may be required to file an administrative complaint with the State Elections Enforcement Commission, prior to filing a complaint in Connecticut Superior Court.

Practice Areas: Election and Political Law , Administrative Law

New Britain J.D., at New Britain

Board of Estimate and Taxation for the Town of Greenwich v. Freedom of Information Commission

A municipal board can violate the "open meetings" provision in the Freedom of Information Act, if the board meets in executive session and no "pending claims" exist.

Practice Areas: Election and Political Law , Education Law

Ansonia/Milford J.D., at Milford

State v. Harris

An individual who allegedly leads a drug operation and orders other individuals to shoot someone can be sentenced to 20 years in prison, even if the actual shooter receives less time.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport

Connecticut Amusements Inc. v. Casey

A plaintiff may not be entitled to recover damages based on a fraudulent contract.

Practice Areas: Contracts

Hartford J.D., at Hartford

Cotto v. C&J Entertainment LLC

Allegations that the defendants engaged in a business practice that encouraged workers to punch and push customers, and then attempt to cover up the conduct, can be sufficient to allege a violation of CUTPA, the Connecticut Unfair Trade Practices Act.

Practice Areas: Consumer Protection , Torts , Intentional Torts , Assault

Hartford J.D., at Hartford

Maldonado v. Pillai

Allegations that corrections officials failed to provide treatment for a broken bone can be sufficient to allege deliberate indifference to a serious medical need, in violation of the 8th Amendment and 42 United States Code §1983.

Practice Areas: Civil Rights , Health Law , Constitutional Law

Litchfield J.D., at Litchfield

Harwinton Storage LLC v. Town of Harwinton

A court may not possess jurisdiction over a tax appeal, if a marshal from Hartford serves the writ, summons and complaint on defendants in Litchfield County by effectuating in-hand service on the municipal clerk.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Taxation

Hartford J.D., at Hartford

City of Hartford v. Con-Way Freight Inc.

The legal doctrine of "nullum tempus" can permit a municipality to file suit after a statute of limitations has expired.

Practice Areas: Civil Procedure , Statute of Limitations

Stamford/Norwalk J.D., at Stamford

Burke v. Mesniaeff

A court can award a prejudgment remedy, if after taking into account any defenses, counterclaims, setoffs and exemptions, probable cause exists that the plaintiff will prevail on the merits at trial.

Practice Areas: Civil Procedure , Provisional Remedies , Torts , Intentional Torts , Assault , Damages

United States District Court

Carmody & Torrance LLP v. Defense Contract Management Agency

A court can deny a law firm's request for attorney fees to prosecute a Freedom of Information claim.

Practice Areas: Legal Profession , Attorney Fee Recovery

United States District Court

White v. City of Middletown

For a retaliation claim, an adverse action need not be one that affects the terms and conditions of employment, such as hiring, firing, changes in benefits, reassignment or pay reduction.

Practice Areas: Labor and Employment

United States District Court

Lavatec Laundry Technology v. Lavatec, Inc.

For the related companies' doctrine, the mere fact that the related companies are a parent corporation and its wholly-owned subsidiary is insufficient to establish that the parent corporation is owner of the mark, because related companies may agree that the wholly-owned subsidiary rather than the parent corporation owns the mark.

Practice Areas: Intellectual Property , Trademarks , Infringement (Trademark)

United States District Court

Chorches v. Stewart Title Guaranty Company

If a rider or endorsement to an insurance policy clearly and unambiguously indicates an exclusion from coverage, an insurer has no contractual obligation to provide that coverage.

Practice Areas: Insurance Law , Contracts

United States District Court

Mitchell v. Livable City Initiative

Conclusory allegations of discrimination, without evidentiary support or allegations of particularized incidents, are insufficient to state a valid claim, pursuant to Rivera-Powell v. New York City Board of Elections, a 2006 decision of the 2nd Circuit.

Practice Areas: Civil Rights , Public Utilities

United States District Court

Morgan v. Dzurenda

A party can overcome the presumption against sealing by establishing that sealing will further substantial interests, such as a third party's privacy interests, the safety of the public or the attorney-client privilege.

Practice Areas: Civil Procedure , Civil Rights , Criminal Law

United States District Court

Jones v. East Hartford Police Department

A party who allegedly fails to respond timely to discovery requests and court orders can be sanctioned, pursuant to Fed. R. Civ. P. 37. In a civil-rights suit that alleged disparate treatment against the East Hartford Police Department and its chief of police, Mark Sirois, the defendants moved for sanctions on Oct. 8, 2014 and argued that the plaintiffs failed to comply with a court order that plaintiffs file answers to February 2014 interrogatories and requests for production.

Practice Areas: Civil Procedure , Discovery , Legal Profession , Attorney Fee Recovery

Connecticut Appellate Court

State v. Simpson

A trial court lacks jurisdiction to consider a writ of error coram nobis filed more than three years after a conviction.

Practice Areas: Criminal Law , Civil Procedure

Connecticut Appellate Court

Read v. Commissioner of Correction

For a claim of ineffective assistance of counsel, the habeas court did not err in concluding that the petitioner was not prejudiced by his trial counsel's failure to discover and enter into evidence facts that were detrimental to the petitioner's case.

Practice Areas: Criminal Law

Connecticut Appellate Court

Miller v. Commissioner of Correction

For an ineffective assistance of counsel claim, the habeas petitioner must establish deficient performance of counsel and prejudice, both prongs of the test established in the U.S. Supreme Court's 1984 decision in Strickland v. Washington, but, as reiterated in the 2013 Appellate Court decision in Ramey v. Commissioner of Correction, "[a] reviewing court need not address both components of the inquiry if the [petitioner] makes an insufficient showing on one."

Practice Areas: Criminal Law

Connecticut Appellate Court

Epps v. Commissioner of Correction

The Supreme Court's 2008 decision in State v. Salamon substantively changed the settled interpretation of the kidnapping statutes and the 2011 decision in Luurtsema v Commissioner of Correction ruled that Salamon's holding was retroactive.

Practice Areas: Criminal Law

Connecticut Supreme Court

State v. Clark

The Appellate Court correctly observed that it is "rare" for a felony conviction more than 10 years old to retain the minimal probative value sufficient to overcome its prejudice for admission under Connecticut Code of Evidence §6-7(a).

Practice Areas: Evidence , Criminal Law , Constitutional Law

Compensation Review Board

Wiblyi v. McDonald's Corporation

Connecticut General Statutes §31-294c(b) provides the framework for a claimant to bring a motion to preclude and nowhere in its provisions does the legislature indicate that a respondent can defeat an otherwise valid motion to preclude through the affirmative defense of laches.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Rock v. State of Connecticut

The term "legal representative of the deceased employee" in Connecticut General Statutes §31-294c(a) extends beyond "executor or administrator" and, where an employee died prior to filing a claim under Chapter 568 and left no dependents, his estate had standing to commence an action, but that question was distinct from having a statutory right to benefits.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Heyer v. City Carting Holding Company

When an appellant fails to sufficiently apprise the tribunal and opposing party of the rationale for appeal prior to the hearing, the appeal is subject to dismissal.

Practice Areas: Social Services Law , Workers’ Compensation

Board of Mediation and Arbitration

Town of Wallingford and AFSCME, Council 4, Local 1183

A past practice that was clear and unequivocal can exist of paying the workers who are sent home during extreme weather or an emergency event.

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

Board of Mediation and Arbitration

Town of Guilford and Guilford Police Union, Local 356, Council 15, AFSCME, AFL-CIO

Absent language in a collective bargaining contract, a municipality may not be required to compensate a worker who takes time from work to attend a worker's compensation hearing.

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

Board of Mediation and Arbitration

Town of East Haven and AFSCME, Council 4, Local 1303-119

A municipality that does not have any light duty work available can possess just cause to discharge a worker who is unable to work outside in the cold for more than 30 minutes.

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

Board of Mediation and Arbitration

Landmark Student Transportation and CSEA, SEIU, Local 2001

Arbitrators can enforce provisions in a collective bargaining contract that require an employer to request volunteers for mid-day assignments, before the employer utilizes spare workers.

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

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

Mastrio v. Sebelius

Because a temporary restraining order restored the status quo, the last peaceable uncontested status preceding the present controversy, the T.R.O.'s issuance was an insufficient basis on which to find that the plaintiff was a prevailing party entitled to an award of fees and costs under the Equal Access To Justice Act, 28 U.S.C. §2412(d).

Practice Areas: Legal Profession , Attorney Fee Recovery

New Britain J.D., at New Britain

Estate of Testa v. Dunn Funeral Home Inc.

The state's claim to reimbursement from a decedent's estate is entitled to priority over an unsecured claim, except for funeral and burial expenses not to exceed $1,800.

Practice Areas: Trusts and Estates , Creditors’ and Debtors’ Rights

Stamford/Norwalk J.D., at Stamford

Johnson v. Esposito

The administrator of an estate may not possess standing to file a wrongful-death suit on behalf of the estate until after she has been appointed.

Practice Areas: Trusts and Estates , Civil Procedure , Standing , Torts , Wrongful Death

Stamford/Norwalk J.D., at Stamford

Lecuna v. Carabiners Fairfield LLC

Genuine issues of material fact about whether a gym was negligent can bar the gym's motion for summary judgment on the basis that the plaintiff signed a contract that purported to waive liability.

Practice Areas: Torts , Damages , Personal Injury

Waterbury J.D., at Waterbury

Campbell v. Pelkey

At a hearing in damages, a court can award economic damages, for medical expenses and loss of wages, and non-economic damages for pain and suffering from an alleged assault.

Practice Areas: Torts , Damages , Personal Injury , Intentional Torts , Assault

Hartford J.D., at Hartford

Bujak v. State

A plaintiff in a wrongful-birth medical malpractice action can possess a cause of action for emotional distress.

Practice Areas: Torts , Damages , Emotional Distress , Medical Malpractice

Tolland J.D., at Rockville

Arcoutte v. Iacobucci

Even if the plaintiff hired an accident reconstruction expert, the plaintiff may not be able to prove negligence and causation, if the parties to the accident both passed away and there were no witnesses.

Practice Areas: Torts , Personal Injury , Wrongful Death

Stamford/Norwalk J.D., at Stamford

Chioffi v. Martin

A court can award a prejudgment remedy to a lawyer who proves that probable cause exists that he will prevail on the merits of his claim that his former law firm partner breached the partnership contract.

Practice Areas: Legal Profession , Business Entities , Partnership Disputes , Dissolution , Partnerships

Fairfield J.D., at Bridgeport

Gaillard v. Southwestern Connecticut Agency on Aging Inc.

To prevail on a reasonable accommodation claim, a plaintiff must prove: (1) he was disabled; (2) he was able to perform essential functions; and (3) the defendant, who knew about the plaintiff's disability, did not furnish reasonable accommodations.

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination , Family and Medical Leave Act , Hiring/Firing

Hartford J.D., at Hartford

Mensah v. Mensah

A court can order that a party who allegedly removed funds from an investment account during a dissolution, in violation of the court's orders, contribute to the other party's attorney fees.

Practice Areas: Family Law , Civil Procedure

New London J.D., at Regional Trial Docket in Middletown

Lanteri v. Lanteri

A court can find it is not in the best interests of a minor child to award custody to a parent who allegedly attempted to influence the child to fight with the other parent.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Kinney v. Kinney

The government may not be entitled to intervene in a dissolution action, to protect the government's interest in property that belongs to one of the parties.

Practice Areas: Family Law , Civil Procedure , Standing , International Law (Public)

Stamford/Norwalk J.D., at Stamford

Gonzalez v. Katz

Only a parent, foster parent, approved adoptive parent or legal guardian can file a petition for a writ of habeas corpus, to challenge the custody of a minor child.

Practice Areas: Family Law , Custody and Child Support , Civil Procedure , Standing , International Law (Public)

Middlesex J.D., at Middletown

Bailey v. Royea

A court can find it is in the best interests of the minor child to permit the mother to relocate to another state with the child.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Doe v. Vartelas

When considering the stay of an order to medicate a mental acquittee involuntarily, a court can balance the equities and consider the likelihood that the mental acquittee will prevail versus the potential harm to the mental acquittee and the public.

Practice Areas: Civil Rights , Health Law , Criminal Law

Stamford/Norwalk J.D., at Stamford

Durkin v. Kwartin

Probate decrees constitute final judgments for purposes of res judicata.

Practice Areas: Civil Procedure , Trusts and Estates , Legal Profession , Attorney Malpractice

Fairfield J.D., at Bridgeport

Styslinger v. Brewster Park LLC

An assignee of an interest in a limited liability company may not possess standing to move to dissolve the LLC.

Practice Areas: Business Entities , Dissolution , LLCs and LLPS

New Haven J.D., at New Haven

Simmons v. Rent-A-Center East Inc.

An arbitration clause that applies to claims "that arise under . . . any Consumer Lease" may not apply to litigation about a trip and fall.

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Torts , Personal Injury , Premises Liability , Invitees

United States District Court

Whitserve LLC v. GoDaddy.com Inc.

If a patent claim does not include the word "means," a rebuttable presumption can exist that it is not a "means-plus-function" type of patent claim.

Practice Areas: Intellectual Property , Patents , Infringement (Patents)

U.S. District Court

Aviles v. Wayside Auto Body, Inc.

Standing under the Federal Debt Collection Practices Act, 15 U.S.C. §1692k(a), is not limited to consumers.

Practice Areas: Creditors’ and Debtors’ Rights

United States District Court

Lin v. W&D Associates LLC v. Derbi

A court can deny a defendant's request for a protective order, if the defendant fails to certify the defendant made a good-faith attempt to resolve the dispute without court action, pursuant to Rule 26(c)(1).

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Wages and Hours

United States District Court

Beyer v. Anchor Insulation Co.

An amended complaint that alleges that defendants inflated the prices of products and services, in violation of the Connecticut Unfair Trade Practices Act, may not relate back to an original complaint that did not allege any specific financial injury.

Practice Areas: Civil Procedure , Statute of Limitations , Consumer Protection , Products Liability , Failure to Warn

United States Bankruptcy Court

In Re: Friedberg; Neier v. Friedberg

A court can deny a discharge in bankruptcy to a debtor who allegedly fails to cooperate with the bankruptcy trustee and to provide the trustee with requested documents.

Practice Areas: Bankruptcy , Civil Procedure , Discovery

Connecticut Appellate Court

In Re: Matthew P.

It is axiomatic that a mother has a constitutionally protected interest in her parental rights; but, balancing the factors from the 1976 U.S. Supreme Court case of Mathews v. Eldridge, the denial of a respondent mother's motion for a trial continuance while hospitalized, did not render the second trial to terminate her parental rights fundamentally unfair.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Adriana C.

Compliance with the specific steps ordered facilitates, but does not guarantee, the return of the child to the parent; the ultimate issue evaluated is whether the parent has gained the insight and ability to care for her children given their ages and needs within a reasonable time.

Practice Areas: Family Law