Recent Decisions

Hartford J.D., at Hartford

Maffessoli v. Maffessoli

Son Exerted Undue Influence On Dad Who Suffered From Dementia

A court can find that a decedent's execution of a will was improper, and that the will was null and void, because the decedent suffered from dementia and a child exerted undue influence.

CV14-6047347S
Rittenband, J.T.R.

Practice Areas: Trusts and Estates

Hartford J.D., at Hartford

Vodovskaia-Scandura v. Hartford Headache Ctr.

Dr. Alleged Co-Worker Lied To Patients about Work Performance

Allegations that a co-worker allegedly falsely informed patients that plaintiff had engaged in improper conduct, and encouraged the patients to file complaints, can be sufficient to state a claim for defamation.

CV13-6044074S
Wiese, J.

Practice Areas: Torts , Intentional Torts , Defamation , Fraud (Torts) , Emotional Distress , Labor and Employment , Hiring/Firing

Fairfield J.D., at Bridgeport

William Raveis Real Estate v. Zajaczkowski

Attorney Fees of $11,984 Awarded To Broker To Collect Commission

A real estate broker that prevails on claims that defendants failed to pay a commission can be entitled to reasonable attorney fees, pursuant to the parties' contract.

CV11-6023565
Kamp, J.

Practice Areas: Legal Profession , Residential and Commercial Real Estate

Litchfield J.D., at Litchfield

Whitney v. Secola

Amended Malpractice Complaint Did Not Violate American Rule

Allegations that plaintiff was damaged, because plaintiff was required to pay attorney fees, can be included in a legal-malpractice cause of action, without violating the American Rule.

CV12-6007716S
Pickard, J.

Practice Areas: Legal Profession , Attorney Fee Recovery , Attorney Malpractice

Hartford J.D., at Hartford

Hill v. New England Healthcare Employees Union, Dist. 1199

Worker Who Dropped Fragile, 63-Year-Old Client Was Careless

An arbitrator's decision to reinstate a worker can violate public policy that bars the employment of individuals who do not provide proper care to individuals with disabilities.

CV14-6056290S
Vacchelli, J.

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

New Britain J.D., at New Britain

Rivera v. Cantu

Dad with Muscular Dystrophy Not Required To Pay Child Support

A court can find it would be inequitable to order a father who suffers from muscular dystrophy to pay child support, because of his restricted income and inability to work.

FA14-4036250S
Shah, J.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport

D'Andrea v. D'Andrea

83-Year-Old Judge Trial Referee Alleged Ex-Wife Was Cohabitating

A court can find that a former wife's alleged cohabitation with another man did not result in a change in circumstances that altered the wife's financial needs.

FA92-0298703S
Owens, J.T.R.

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Charles v. Namane

Court Credited Attorney's Claim that Client Agreed To Settle

Once a settlement is reached, it becomes a binding contract, provided that the agent had authority to settle.

CV11-6008748
Genuario, J.

Practice Areas: Contracts , Formation , Civil Procedure , Settlement , Torts , Motor Vehicles , Personal Injury

Stamford/Norwalk J.D., at Stamford

Am. Alarm v. Febles

Apparent 1st Impression on Cancellation of Alarm Contract

A company that sends a renewal notice of a consumer contract that is greater than 18 months in duration can be required to send it 15 to 60 days before the date on which the consumer's 60-day cancellation period begins to run.

CV12-6014875S
Lee, J.

Practice Areas: Consumer Protection , Contracts , Formation

New Haven J.D., at New Haven

Mettler v. Mettler

Placing Writ, Summons, Complaint on Front Porch Found Insufficient

To effectuate abode service of process, the writ, summons and complaint must be left at defendant's usual place of abode, in such a place and in such a manner that it is reasonably probable that defendant will receive the process, pursuant to Pozzi v. Harney, a 1963 decision of the Connecticut Superior Court.

CV14-6050075
Vitale, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

Stamford/Norwalk J.D., at Stamford

Koven v. Norwalk Hosp.

Wife Moved To Protect Confidential Psych Records

A court can find it is more important to protect a patient-psychiatrist relationship than to disclose patient treatment records.

CV13-6018718S
Genuario, J.

Practice Areas: Civil Procedure , Discovery , Medical Malpractice

New Haven J.D., at New Haven

JK Trading v. Pyung

Wig Company Won $60,000 PJR Against Mid K Beauty Supplies

A court can award a prejudgment remedy, if probable cause exists that plaintiff will prevail on the merits at trial, in an amount equal to or greater than the amount request, considering any defenses, counterclaims or setoffs.

CV14-5035039S
Corradino, J.T.R.

Practice Areas: Civil Procedure , Provisional Remedies , Contracts , Formation , Breach

New Haven J.D., at New Haven

Holmes v. Safeco Ins. Co. of Am.

One-Year SOL Barred Claims for Snow and Ice Damage

A court can enforce the one-year statute of limitations in a comprehensive "all risk" homeowners' insurance contract that was entered into or renewed prior to July 2012.

CV12-6032368S
Wilson, J.

Practice Areas: Civil Procedure , Statute of Limitations , Insurance Law

United States District Court

Jaeger v. Cellco Partnership

Verizon Wireless Won Fees To Defend 'Unreasonable' Suit

A defendant can be entitled to reasonable attorney fees for defense of an "unreasonable" suit.

3:11cv1948
Underhill, J.

Practice Areas: Legal Profession , Attorney Fee Recovery , Environmental Law

United States District Court

Taveres v. Semple

Suicidal Inmate Alleged Failure To Provide Mental Health Treatment

Allegations that an inmate was not provided with any mental health treatment, although he expressed suicidal ideation and attempted to commit suicide, can be sufficient to allege that he was deprived of health care for a serious medical need, in violation of the Eighth Amendment and 42 United States Code §1983.

3:15cv531
Bolden, J.

Practice Areas: Constitutional Law , Health Law , Civil Rights

United States District Court

Grayso v. General Elec. Co.

Motion To Seal in GE Microwave Product-Liability Case Vacated

Judicial records enjoy a presumption of openness that is rebuttable, if sealing the record will promote high values and is narrowly tailored to serve that interest.

3:13cv1799
Eginton, J.

Practice Areas: Civil Procedure , Products Liability

United States Bankruptcy Court

In Re: Swiatowiec; Swiatowiec v. Swiatowiec

Debtor Argued Debt Arose from Breach of Contract To Purchase Co.

A debtor may not obtain a bankruptcy discharge in connection with a debt to a spouse or former spouse incurred in the course of a dissolution of marriage.

13-21558
Dabrowski, J.

Practice Areas: Bankruptcy , Family Law , Business Entities

United States Bankruptcy Court

In Re: Sgambati

Debtors Sought To Alter the Priorities of IRS Claims

11 United States Code §1322(b)(2) of the Bankruptcy Code does not allow debtors to alter the priorities of IRS claims.

13-20115
Dabrowski, J.

Practice Areas: Bankruptcy , Taxation

United States Bankruptcy Court

In Re: Couloute; Hamrah v. Couloute

No Proof Attorney Fraudulently Induced $50K Investment in Start Up

Fraud requires proof that a debtor: (1) made representations; (2) knew they were false; (3) made them with intent to deceive the creditor; (4) the creditor justifiably relied on the misrepresentations; and (5) the creditor sustained loss and damage as the proximate result.

13-21252
Dabrowski, J.

Practice Areas: Bankruptcy , Business Entities , Entertainment and Sports Law

Connecticut Appellate Court

Barbee v. Sysco Connecticut

Summary Judgment Was Improper on Compensation Retaliation Claim

The temporal congruence between the plaintiff's return to work after filing a workers' compensation claim and the defendant's immediate actions against her for violating a workplace policy that, in practice, may not have been routinely enforced was additional evidence that the defendant's proffered explanation for the adverse employment action might have been unworthy of credence and masked a retaliatory purpose.

AC 36564
Prescott, J.

Practice Areas: Social Services Law , Workers’ Compensation , Civil Procedure

Connecticut Appellate Court

McMorris v. City of New Haven Police Dep't

Officer's Injuries on Way to Work with Children Were Compensable

A police officer is a portal-to-portal employee and, therefore, the plaintiff officer's commute to and from the police station was within the course of his employment and the act of dropping his children off at day care on the way was so inconsequential relative to his job duties that it did not remove him from the course and scope of his employment.

AC 36328
Lavine, J.

Practice Areas: Labor and Employment

Connecticut Appellate Court

Rheaume v. Rheaume

Bank Execution Was Proper on Former Spouse's Lottery Winnings

A motion for a protective order is not the proper procedural vehicle for determining whether a dissolution order was completely satisfied by a bank execution or whether the plaintiff was liable for the marshal's fee.

AC 36065
Gruendel, J.

Practice Areas: Family Law , Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Fulton v. Fulton

Bright Line Rule Tweaked for Errors in Financial Affidavits

Although there is merit to the bright line approach from the 1987 Appellate Court case of O'Bymachow v. O'Bymachow, of relying solely on the financial affidavits submitted at the time of dissolution as the starting point to determine whether a substantial change of circumstances occurred for modification purposes, exclusive reliance can result in knowing injustice.

AC 36429
Mihalakos, J.

Practice Areas: Family Law

Connecticut Appellate Court

Budrawich v. Budrawich

Order To Arbitrate Dispute Over Children's Expenses Was Reversed

Pursuant to Connecticut General Statutes §46b-55(c), parties may agree, with the court's permission, to pursue arbitration to resolve certain issues related to their dissolution, but a court does not have the authority to order parties to submit such issues to arbitration absent a voluntary arbitration agreement executed between them.

AC 36342
Keller, J.

Practice Areas: Family Law

Connecticut Appellate Court

State v. Smith

Cell Phone Records Seized Without Warrant Were Admitted Harmlessly

Precedent establishes that constitutional search and seizure violations are subject to harmless error analysis and here, any error in failing to suppress historical cell site location information from the defendant's cell phone records, obtained without a warrant, that tracked the cell phone's movements, was harmless beyond a reasonable doubt, given the strength of other evidence of guilt at trial.

AC 32803
Sheldon, J.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

State v. Badaracco

1st Impression Issue on "Offer" Sufficient for Bribery Conviction

It was not mere planning and preparation to commit the crime of bribery to call a judge to seek his assistance with a grand jury investigation and state, "listen, I'm only going to say this once, it's worth 100 Gs;" the statement constituted an "offer" under the bribery statute, Connecticut General Statutes §53a-147.

AC 36087
DiPentima, C.J.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Boyd v. Comm'r of Correction

Court Erred in Dismissing a 2nd Habeas Petition Without a Hearing

It is an abuse of discretion by the habeas court to dismiss a habeas petition sua sponte under Practice Book §23-29 without fair notice to the petitioner and a hearing on the court's own motion to dismiss.

AC 36150
Borden, J.

Practice Areas: Criminal Law

Connecticut Supreme Court

Squeo v. The Norwalk Hosp. Assoc'n

Bystander Emotional Distress in Medical Context Is Now Recognized

Under very limited circumstances, Connecticut recognizes a cause of action for bystander emotional distress resulting from medical malpractice.

SC 19283
Palmer, J.

Practice Areas: Torts , Medical Malpractice

Connecticut Supreme Court

Burr Rd. Operating Co., II v. New England Health Care Employees Union, Dist. 1199

Public Policy Analysis Clarified and Applied In Reinstating Worker

An arbitration award reducing the termination of an employee of a skilled nursing facility to a one month unpaid suspension for a two-day delay in reporting her suspicion that her supervisor might have abused a resident did not violate a clearly discernible public policy against the delayed reporting of suspected abuse of nursing home residents.

SC 19160
Robinson, J.

Practice Areas: Labor and Employment , Labor Law , Alternative Dispute Resolution , Arbitration (ADR)

Connecticut Supreme Court

State v. Nash

Reckless and Intentional Assault Convictions Were Not Inconsistent

The relevant inquiry in determining whether two convictions are mutually exclusive is whether the opposing mental states relate to the same result, not whether both convictions relate to the same injury.

SC 19265
Palmer, J.

Practice Areas: Criminal Law

State Elections Enforcement Commission

Complaint by: Mills

Citizen Failed To Prove that Winsted Candidate Issued a Threat

An individual who allegedly threatens a citizen in an attempt to influence the citizen's vote can commit a Class C felony, pursuant to Connecticut General Statutes §9-364a.

2014-115
Castagno, Chair

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Carr

Citizen's Guide Was Distributed Before Referendum Became Pending

A citizen's guide to a budget that is published and distributed before the budget referendum is considered to be pending does not violate Connecticut General Statutes §9-369b.

2014-053
Castagno, Chair

Practice Areas: Administrative Law , Election and Political Law

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 15, Local 1361

Suspension for 'Caveman' Joke Reduced from Ten to Three Days

Arbitrators can find that a 10-day suspension for allegedly joking about a "caveman" appearance in front of an individual who is transgender is overly harsh.

2014-A-0339
Panagrossi and Dunn – Celentano dissented

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Discrimination , Sexual Harassment , Sexual Orientation Discrimination

United States Court of Appeals for the 2nd Circuit

United States v. Wallace

100 Months for Child Porn Was Well Below Sentencing Guidelines Range

A sentence that is well below the sentencing guidelines range is not substantively unreasonable.

13-3641-cr

Practice Areas: Criminal Law , Evidence

United States Court of Appeals for the 2nd Circuit

United States v. Platt

Elimination of Female Jurors Did Not Constitute Abuse of Discretion

On government charges of conspiracy to defraud the IRS, it may not constitute an abuse of discretion to remove potential female jurors whose families had negative experiences with the IRS or jurors who had regular contacts with convicts.

13-3162-cr and 13-3303-cr

Practice Areas: Criminal Law , Evidence

United States Court of Appeals for the 2nd Circuit

Safeco Inc. Co. of Am. v. Lawrence Brunoli Inc.

Contractor Objected To Order To Provide $4.6 M in Collateral

A court can interpret a contract to require a contractor to provide a surety with collateral to cover potential losses and expenses.

14-2289-cv

Practice Areas: Contracts , Insurance Law

United States Court of Appeals for the 2nd Circuit

Alliance of Auto. Mfrs. v. Currey

2009 Amendments to Connecticut Franchise Act Were Constitutional

2009 amendments to the Connecticut Franchise Act do not burden interstate commerce in a manner that is qualitatively different from the burden on intrastate commerce.

13-4890-cv

Practice Areas: Constitutional Law , Transportation

Board of Mediation and Arbitration

Town of Newtown and CSEA, Local 2001

Worker Alleged that Town Did Not Pay Full Longevity Bonus

A collective bargaining contract that provides that "Any employee" shall receive a longevity bonus based on years of service to the municipality may not prevent workers who previously worked in another bargaining unit from counting the prior years of municipal service.

2015-A-0036
Diaz, Panagrossi and Johnson

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 Farmington and AFSCME, Council 4, Local 1689

Maintenance Worker with Cancer Required To Document Sick Leave

A municipality that reasonably suspects that an employee may be abusing sick leave can require that the employee provide a doctor's certificate or other proof of illness in the future.

2013-A-0193
Panagrossi, Melita and Celentano

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

Board of Mediation and Arbitration

Metropolitan District Comm'n and AFSCME, Council 4, Local 184

Employer Argued that Grievance about Seniority Was Moot

A preference exists to arbitrate grievances about seniority, even if all the employees in the collective bargaining unit are currently treated the same.

2015-A-0111
Weiner and Franzo – Podurgiel dissented

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

United States Court of Appeals for the 2nd Circuit

Tremblay v. Mohegan Sun Casino

Title VII and ADEA Claims Against Sun Casino Were Properly Dismissed

Title VII expressly excludes Native American Indian tribes from its definition of "employer."

14-2031-cv

Practice Areas: Native American Law , Labor and Employment , Discrimination , Age Discrimination , Hiring/Firing

Mashantucket Pequot Tribal Court

Waterman v. Mashantucket Pequot Gaming Enter.

Steve Miller Concertgoer Was 40 Percent Responsible for Fall

A court can find that a concertgoer who previously sat in approximately the same seat when she went to concerts was negligent in not being more cautious, considering the lack of lighting, when she exited and left, just before intermission.

CV-PI-2013-191
Londregan, J.

Practice Areas: Native American Law , Torts , Premises Liability , Invitees

New Haven J.D., at New Haven

Mills v. Harrison

Abuse-of-Process Claim Against Attorney CPA Harrison Dismissed

Absent allegations that an attorney grievance complaint was filed primarily to intimidate and to prevent plaintiff from disputing defendant's billing practices and methodology, plaintiff may not possess a cause of action for abuse of process.

CV14-6050939S
Fischer, J.

Practice Areas: Torts , Intentional Torts , Abuse of Process

New Britain J.D., at New Britain

Lassen v. Cappiello

$103,821 Verdict Failed To Shock Court's Conscience

As a result of evidence that a plaintiff has a physically demanding job and actively enjoys sports, a court can find that a non-economic award of $5,000 for pain and suffering fails to shock the court's conscience.

CV13-6021381S
Young, J.

Practice Areas: Torts , Damages , Motor Vehicles

Fairfield J.D., at Bridgeport

Cortes v. Westport Fish and Poultry Mkt.

Jury Concluded that Driver Was 49 Percent Responsible for Fall

A court can find that a jury's award of both economic and non-economic damages, reduced 49 percent for contributory negligence, fails to shock the court's conscience.

CV12-6034577S
Rush, J.T.R.

Practice Areas: Torts , Damages , Personal Injury

New Britain J.D., at New Britain

Muczko v. Suitter

2011 Audi Owner Proved Value Decreased $5,271 Because of Crash

A plaintiff's fair, just and reasonable damages from a motor-vehicle accident can extend beyond the cost of repairs to the loss of the Blue Book value of the motor vehicle as a result of being in a motor-vehicle accident.

CV14-6023596
Shortall, J.T.R.

Practice Areas: Personal Property , Transportation

New Haven J.D., at New Haven

Dodd v. United Cleaning and Restoration

Plaintiff Not Entitled To Attorney Fees under C.G.S. §42-150bb

Absent allegations in a complaint that plaintiff requests attorney fees pursuant to a contract, a plaintiff may not be entitled to attorney fees pursuant to Connecticut General Statutes §42-150bb, which generally allows a consumer who is a successful litigant to obtain attorney fees.

CV14-6049882
Vitale, J.

Practice Areas: Legal Profession , Attorney Fee Recovery , Consumer Protection

Waterbury J.D., at Waterbury

Gilbert v. Dep't of Correction

Officer Alleged He Was Wrongly Discharged Based on 'My Space' Post

A worker can obtain compensatory damages, punitive damages and attorney fees, if he proves that he was disciplined or discharged as a result of his exercise of his right to free speech, in violation of Connecticut General Statutes §31-51q.

CV10-6007512
Brazzel-Massaro, J.

Practice Areas: Labor and Employment , Hiring/Firing , Civil Procedure , Pre-trial Procedure

Stamford/Norwalk J.D., at Stamford

Vaske v. Vaske

Wife of Goldman Sachs Partner Won $5 Million Lump Sum and $26K/Month

A court can depart upward from the child support guidelines, if the parties earn approximately $13,788 net per week.

FA12-4023580S
Shay, J.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at Meriden

Pelrin v. Shemet

Aunt Not Entitled To Support for 19-Year-Old Disabled Niece

The plain language of a statute that allows parents to obtain child support benefits, if they provide care for a disabled child past her 19th birthday, may not extend to a relative who provides similar care for a disabled individual.

FA13-4018057S
Adams, Family Support Magistrate

Practice Areas: Family Law , Custody and Child Support

New London J.D., at Norwich

McCue v. McCue

Husband's Request for All Three Parcels of Real Estate Rejected

A court can find it would not be equitable to award all three parcels of real estate to one party.

FA13-4122212S
Moukawsher, J.

Practice Areas: Family Law , Custody and Child Support

Willimantic (Juvenile Matters)

In Re: Austen

Grandparents' Request for Custody Was Not Filed Timely

A court can find that the paternal grandparents' request for custody was not filed timely.

CP14-016623-A
Dyer, J.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Cebollero v. Cebollero

Husband Won Reduction in Support from $200 to $0 per Week

A court can find that as a result of shared parenting, the application of the child support guidelines is not equitable, and reduce child support from $200 to $0 per week.

FA10-4048277S
Bozzuto, J.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Bauer v. Bauer

Alimony Payment Reduced from $10,417 to $2,500 per Month

A court can find that a substantial change in circumstances took place as a result of defendant's loss of employment.

FA08-4041506S
Ficeto, J.

Practice Areas: Family Law

New Britain J.D., at New Britain

State v. Henderson

Owner of Repossession Company Consented To Search of Toyota

An owner of a repossession company can possess actual or apparent authority to consent to a police search of a repossessed motor vehicle.

CR12-0266686
Alander, J.

Practice Areas: Criminal Law

Litchfield J.D., at Litchfield

Miscikowski v. Bascetta d/b/a Bascetta Renovations

$27,237 Awarded for Breach and $6,435 in Fees under CUTPA

A plaintiff who prove defective workmanship and breach of contract can be entitled to damages.

CV14-6011579S
Pickard, J.

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

Hartford J.D., at Hartford

Oake Ridge Homeowners Ass'n v. Mera

Defendant Proved She Resided in Ecuador at Time of Service

Even if defendant continues to own property in Connecticut, abode service of process may not be effective, if the defendant moved to another country several years prior to the date that process was served.

CV14-6053878S
Rittenband, J.T.R.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Residential and Commercial Real Estate

Stamford/Norwalk J.D., at Stamford

Clasby v. Zimmerman

Homeowners Won $225,000 PJR Against Home Improvement Contractor

Plaintiffs may be entitled to a prejudgment remedy, if probable cause exists that they will prevail on the merits at trial in an amount equal to or greater than the amount requested, considering defenses, counterclaims and set-offs.

CV13-5014181S
Adams, J.T.R.

Practice Areas: Contracts , Breach , Residential and Commercial Real Estate

Stamford/Norwalk J.D., at Stamford

Barr v. Barr

Defendant Won Protective Order for E-Mail Correspondence

A defendant may be entitled to a protective order, if his e-mail correspondence allegedly was hacked by a nonparty, who produced it at a deposition.

FA13-4025428S
Heller, J.

Practice Areas: Civil Procedure , Discovery

United States District Court

Fetcho v. Hearst Connecticut Post d/b/a Connecticut Post

Long-Time Conn. Post Worker Did Not Prove Age Discrimination

Absent evidence that a younger worker replaced plaintiff, or statements or practices that indicated that defendant sought to remove older workers, a court can find that plaintiff failed to prove an adverse employment action took place in circumstances that led to an inference of discrimination.

3:12cv904
Crawford, J.

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

United States District Court

United States v. Chavez

Drug Enforcement Agents Had Probable Cause To Arrest

Probable cause exists when law enforcement possesses " 'reasonably trustworthy information . . . sufficient to warrant a person of reasonable caution in the belief that an offense has been . . . committed,' " pursuant to Ackerson v. City of White Plains, a 2012 decision of the 2nd Circuit.

3:14cr185
Meyer, J.

Practice Areas: Criminal Law , Evidence

United States District Court

Bayan v. Sullivan

Iranian Dr.'s Equal Protection Claim Is Not Barred By Res Judicata

Res judicata can preclude a subsequent suit between the same parties, if a prior suit resulted in a judgment on the merits.

3:14cv528
Bolden, J.

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

United States District Court

Bagley v. Yale Univ.

Yale University Asked To Restrict Deposition Of President To 2 Hours

A court can find it would be an abuse of discretion to restrict a deposition to two hours.

3:13cv1890
Haight, J.

Practice Areas: Civil Procedure , Discovery

Connecticut Appellate Court

Vanghele v. Town of Fairfield

Officer's Disability Pension Was Denied Properly Given Facts

A plain reading of the disability pension provision under the relevant collective bargaining agreement provided that to be eligible for a disability pension, the member's employment must be terminated because of a permanent and total disability.

AC 36211
Pellegrino, J.

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

Connecticut Appellate Court

Greene v. Keating

Court Improperly Decided Motion on Ground Not Raised by Parties

The trial court acted in excess of its authority when it raised and considered, sua sponte, a ground for summary judgment not raised or briefed by the parties and which did not affect the subject-matter jurisdiction of the court.

AC 356351
Mullins, J.

Practice Areas: Civil Procedure

Connecticut Appellate Court

Birkhamshaw v. Socha

1st Impression Issue on Unified Offer of Compromise Interest

Where there are two plaintiffs, and the claim of one wholly is derivative of the other, offer of compromise interest based on the full jury award would achieve the purpose of Connecticut General Statutes §52-192a.

AC 36058
Mullins, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Parties , Standing , Evidence , Character Evidence , Expert Witnesses , Scientific Evidence

Connecticut Supreme Court

McDermott v. State

New Trial Using Correct Standard Needed in Tree Felling Death Case

A party is generally entitled to a new trial when, on appeal, a different legal standard is determined to be required, unless it is concluded that, based on the evidence, a new trial would be pointless.

SC 19221
Eveleigh, J.

Practice Areas: Torts

Connecticut Supreme Court

In Re: Cassandra C.

Mature Minor Doctrine Did Not Apply to Runaway Teen with Cancer

Even assuming that adults have the unfettered right to refuse lifesaving medical treatment, the law was clear that a 17-year-old does not have that right but, to the contrary, is presumed to be incompetent to do so, at least in the absence of proof of maturity.

SC 19426
Rogers, C.J.

Practice Areas: Family Law , Constitutional Law

Connecticut Supreme Court

State v. Stovall

Insufficient Evidence of Intent to Sell Drugs in Prohibited Zone

For a conviction under Connecticut General Statutes §21a-278a(b), the state is not required to prove that the defendant knew that the location in which he intended to sell drugs was within 1,500 feet of a public housing project, but that he intended to sell the drugs at a particular location, and that location was within 1,500 feet of a public housing project.

SC 19167
Vertefeuille, J.

Practice Areas: Criminal Law

Connecticut Supreme Court

McConnell v. McConnell

Order for Nonparty Attorney to Appear Was Not Final Judgment

An order requiring nonparty attorneys to appear in court for examination with a client's file was not a final judgment that could be challenged by writ of error; the discovery order, directed at materials required to resolve the issues raised, was inextricably intertwined with the underlying proceeding.

SC 19257
Espinosa, J.

Practice Areas: Appellate Law - Civil , Interlocutory Appeal , Legal Profession

New London J.D., at Norwich

Corr v. Corr

Residence in St. Thomas Did Not Prevent Jurisdiction

A party's residence in St. Thomas may not prevent personal jurisdiction in Connecticut, if the party owns property in Connecticut, and exercise of personal jurisdiction comports with traditional notions of fair play and substantial justice.

FA14-4124317S
Connors, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

Connecticut Supreme Court

Martorelli v. Dep't of Transp.

Public Convenience and Necessity Clause Construed as Constitutional

Under the "public convenience and necessity clause" of Connecticut General Statutes §13b-103, evidence solely directed at demonstrating that an existing livery service will be disserved by the granting of a new permit was an inadequate basis for denying that permit; C.G.S. §13b-103 should be construed to avoid anticompetitive effects.

SC 19307
Rogers, C.J

Practice Areas: Administrative Law , Constitutional Law , Transportation

Middlesex J.D., at Middletown

Maye v. Maye

Undue Influence by Son Who Promised To Provide Care Alleged

A mother who allegedly bequeathed property to one child, who promised to take care of her if she became ill, when she intended to leave the property to all her children, can possess a cause of action for undue influence.

CV15-6013040
Aurigemma, J.

Practice Areas: Trusts and Estates , Residential and Commercial Real Estate

Waterbury J.D., at Waterbury

Matasavage v. Duffy

Plaintiff Alleged Neighbors Trespassed To Construct a Wall

At a hearing in damages, a court can award damages for nuisance and trespass against neighbors who allegedly trespassed in order to construct a wall and left debris behind.

CV10-6004008S
Brazzel-Massaro, J.

Practice Areas: Torts , Intentional Torts , Nuisance , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Ford v. St. Francis Hosp. of Hartford

Jury Reasonably Could Have Found Plaintiff Was Not Credible

A jury can accept some, none or all of the evidence that the parties present at trial, pursuant to State v. Byrd, a 1994 decision of the Connecticut Appellate Court.

CV11-6020512
Elgo, J.

Practice Areas: Torts , Personal Injury

New Haven J.D., at New Haven

Elisea v. CVC Stillwater

Brother-In-Law's Bystander Emotional-Distress Count Stricken

Although trial court judges have extended the "closely related" element in a bystander emotional-distress claim beyond parents, siblings and spouses to include grandchildren, grandparents and fiances of victims, the term does not extend to a plaintiff's in-laws.

CV14-6044056S
Nazzaro, J.

Practice Areas: Torts , Emotional Distress

Waterbury J.D., at Waterbury

Doe v. Annulli

13-Year-Old Alleged Sexual Assault by Father of Friend

A criminal conviction for statutory rape along with a victim statement alleging that plaintiff was sexually assaulted, suffered from nightmares and required counseling can be sufficient to find that defendant intentionally assaulted plaintiff.

CV14-6022790S
Brazzel-Massaro, J.

Practice Areas: Torts , Intentional Torts , Assault

Hartford J.D., at Hartford

Brown v. Njoku

$35,000 Awarded to Patient Who Alleged Unwanted Sexual Advances

A court can award damages for battery and negligent and intentional infliction of emotional distress to a patient who alleges that she was subjected to inappropriate touching.

CV13-6043835S
Wiese, J.

Practice Areas: Torts , Emotional Distress , Intentional Torts , Battery

Stamford/Norwalk J.D., at Stamford

Pietersen v. City of Norwalk

City Overassessed $750,000 Property in Norwalk at $946,928

A court can rely on the comparable sales approach to valuation to find that a municipality overassessed a residential property.

CV14-6022745
Adams, J.T.R.

Practice Areas: Taxation , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Dombek v. Statewide Grievance Comm.

Court Vacated Decision That Attorney Violated Rule 1.7(a)

A court can vacate a Statewide Grievance Committee decision that found that an attorney engaged in unethical conduct, in violation of Rules 1.7(a)(1) and (2), if the court finds that the complainant did not hire the respondent attorney to represent him, and that no attorney-client relationship existed.

CV14-6050020S
Robaina, J.

Practice Areas: Legal Profession

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

Sterling Trails v. Planning & Zoning Comm'n of the Town of Sterling

P&Z's Conditions On Affordable Housing Exceeded Its Authority

A court can modify and remove a planning and zoning commission's financial conditions on a site plan application for affordable housing, if the P&Z exceeds its authority.

CV12-6038940S
Berger, J.

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

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

Citizens for Responsible Planning v. Planning & Zoning Comm'n of Ridgefield

Notice About Proposed 'GZ7' Zone Lacked Location And Contours

A planning and zoning commission that fails to provide proper notice of the location of property and the "major contours of the proposed change" may not possess jurisdiction to make zoning changes.

CV13-6049600S
Berger, J.

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

New London J.D., at New London

Denison v. Waterford Dental Health

Opinion Letter Did Not Indicate Surgeon Practiced General Dentistry

A board-certified oral and maxillofacial surgeon may not qualify as a "similar healthcare provider" to a general dentist pursuant to Connecticut General Statutes §§52-190a and 52-184c(b)(2).

CV15-6023013
Zemetis, J.

Practice Areas: Health Law , Medical Malpractice

New London J.D., at Norwich

O'Donnel v. Johnson

Father of Two To Pay $86 Per Week and $17 Per Week on Arrearage

A court can order an unemployed father to pay retroactive child support in an amount that is sufficient to compensate the mother and that will not break the father.

FA12-4119469
Moukawsher, J.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Kemp v. Gallant

Putative Father Was Unable To Defeat Marital Presumption

A putative father of a child who is born to a woman who is married to another man may be required to offer proof, at a preliminary evidentiary hearing, that his interests and the best interests of the minor child are greater than those of the marital family unit, and that he has a relationship with the minor child.

FA14-4036483S
Shah, J.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Cafazzo v. Cafazzo

Husband Of 22 Years Alleged Fraudulent Failure To Disclose

To establish fraud for purposes of a motion to open a judgment, a party must prove: (1) a false representation made as a statement of fact; (2) the statement was not true; (3) the statement was made to induce reliance; and (4) the other party relied on the statement to his detriment.

FA14-4071413S
Ficeto, J.

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Barr v. Barr

Court Awarded Pendente Lite Support of $30,000 Per Month

A court can award alimony and child support, as well as substantial attorney fees, pendent lite.

FA13-4025428S
Heller, J.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

State v. Tavares

Anonymous Tipster Described SUV, Driver, Time and Location of Heroin

Phone calls from an anonymous tipster concerning a shipment of heroin can provide a reasonable, articulable suspicion of criminal activity and probable cause to stop and search a motor vehicle, even if the driver has not committed any traffic violations.

CR12-266155
Alander, J.

Practice Areas: Constitutional Law , Evidence , Criminal Law

New London J.D., at Norwich, G.A. 21

State v. Hollander

Expansion Of Criminal Protective Order Would Violate Double Jeopardy

A court may not expand a sentence or criminal protective order, once defendant has started to serve his sentence, without raising due-process and double-jeopardy concerns.

CR12-0119114S
Bates, J.

Practice Areas: Constitutional Law , Criminal Law

Hartford J.D., at Hartford

Rodriguez v. Salvation Army Marshall House

Neurosurgeon May Charge $650 Per Hour for Testimony at Deposition

When considering the reasonableness of an expert's fee, a court may consider: (1) the expert's area of expertise; (2) the expert's education and training; (3) prevailing rates of comparable experts; (4) the nature, quality and complexity of discovery; (5) the fee actually charged; (6) fees that the expert traditionally charges; and (7) any other factor likely to assist the court.

CV12-6033638S
Epstein, J.

Practice Areas: Civil Procedure , Discovery

New London J.D., at New London

Bayview Loan Serv. v. Christie

Defendant Moved Away Before Marshall Attempted To Serve Process

A court may not possess personal jurisdiction over a defendant who moved away from the premises two years before the marshal attempted to effectuate abode service of process.

CV14-6021713S
Cosgrove, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Creditors’ and Debtors’ Rights

Hartford J.D., at Hartford

AW Power Holdings v. Firstlight Waterbury Holdings

Apparent First Impression on Parent Co.'s Fiduciary Duty

A fiduciary duty can exist between a parent company that is in control of the managing member of a limited liability company and the minority members of the LLC.

CV14-6047836S
Peck, J.

Practice Areas: Business Entities , Dissolution , LLCs and LLPS , Legal Profession , Attorney Fee Recovery , Contracts , Breach

United States District Court

Haddock v. Nationwide Life Ins.

$49 M in Attorney Fees Awarded in Class Action Against Nationwide

A court can award reasonable attorney fees and expenses to lead attorneys in a class action.

3:01cv1552
Underhill, J.

Practice Areas: Legal Profession , Attorney Fee Recovery

United States District Court

St. Ange v. ASML

New Trial Ordered Because Court Issued Incorrect Instruction

A court that allegedly issues an incorrect instruction to the jury can order a re-trial.

3:10cv79
Eginton, J.

Practice Areas: Labor and Employment , Hiring/Firing , Civil Procedure , Trial

United States District Court

Francis v. Hathaway

Genuine Issue on Cops' Use of Force Against Unarmed Suspect

A factfinder can find that excessive use of force was used if defendants' use of force was objectively unreasonable under the circumstances and the unlawfulness of the use of force would have been clear to a reasonable police officer.

3:11cv1344
Shea, J.

Practice Areas: Civil Rights , Constitutional Law

United States District Court

Adams v. City of New Haven

Plaintiff Alleged That Cops Entered Incorrect Apartment

A municipal training course may not be inadequate, merely because a few graduates depart from what they were taught.

3:14cv778
Meyer, J.

Practice Areas: Civil Rights , Constitutional Law

United States District Court

Whitnum v. Town of Greenwich

Pro Se Lacked Good Cause To File Late Claim for Jury Trial

A court can extend a deadline in which to file a request for a jury trial only for good cause, and mere inadvertence is insufficient.

3:11cv1402
Underhill, J.

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

Connecticut Appellate Court

Izikson v. Protein Science Corp.

Insurer's Filing Form 43 Was Not a Substitute for Notice of Claim

To satisfy the notice of claim requirement in Connecticut General Statutes §31-294c(a), an employee must affirmatively provide some form of written notice that informs the employer of an actual intent to pursue a workers' compensation claim, and an insurer's preemptive filing of a form 43 to contest a claim, was not recognized as an additional exception to the notice of claim requirement.

AC 36325
Keller, J.

Practice Areas: Social Services Law , Workers’ Compensation

Connecticut Appellate Court

Abendroth v. Moffo

Under Workers' Compensation Act Payloader Was Not a Motor Vehicle

Connecticut General Statutes §31-293a is clear that the Workers' Compensation Act is the exclusive remedy for an employee's injury or death caused by the negligence of a fellow employee, unless the fellow employee negligently operated a motor vehicle as defined by C.G.S. §14-1 and, pursuant to C.G.S. §14-1(53) and C.G.S. §14-165(9), a payloader is not a motor vehicle.

AC 36547
DiPentima, C.J.

Practice Areas: Social Services Law , Workers’ Compensation

Connecticut Appellate Court

Madigan v. Hous. Auth. of the Town of East Hartford

Jury Properly Found No Just Cause To Fire Housing Authority Director

It is a matter for the trier of fact to determine whether the defendant had just cause to terminate the plaintiff's employment.

AC 35682
Alvord, J.

Practice Areas: Labor and Employment