Decisions

Recent Decisions

New London J.D., at New London

Augustin v. Martinez

A board of education and principal are immune for discretionary conduct, pursuant to Connecticut General Statutes §52-557n, unless they know that harm is imminent to an identifiable victim.

Practice Areas: Education Law

Stamford/Norwalk J.D., at Stamford

Lederer v. Lederer

A court can order a mistrial, if a party's attorney is not admitted to the bar at the time that he conducts a cross-examination of the husband and makes arguments to the court.

Practice Areas: Legal Profession , Family Law

New Britain J.D., at New Britain

Kljusev v. Connecticut Medical Examining Board

The Connecticut Medical Examining Board can find that a doctor engages in misconduct, if the doctor sends a patient numerous text messages of a personal nature, unrelated to treatment, calls the patient "Sweety," and asks the patient to meet him at a restaurant.

Practice Areas: Health Law , Administrative Law

New Britain J.D., at New Britain

Bush v. Garabedian

A court can find that a lump sum disability benefit does not constitute a marital asset, because the party who received the benefit became disabled prior to the marriage, and the disability will affect that party for the remainder of his life.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Angiollo v. Angiollo

When ruling on whether to issue a restraining order, a family court may consider whether a continuous threat of physical pain or physical injury exists.

Practice Areas: Family Law , Custody and Child Support

Ansonia/Milford J.D., at Derby

Conigliaro v. Marriott International Inc.

A court can award economic and non-economic damages for a slip and fall and reduce the award 50 percent, because of the plaintiff's negligence.

Practice Areas: Criminal Law

Tolland J.D., at Somers

Sherman v. Commissioner of Correction

A habeas petitioner who appeared to comprehend legal concepts may not be able to prove it was ineffective assistance not to request a mental examination on whether he was competent to stand trial, even if he suffered from mental health issues.

Practice Areas: Criminal Law

New London J.D., at New London

Kesco Inc. v. 201 Salem Turnpike LLC

Defendants who sign a mortgage and note to a contractor and who allege that the contractor's work was defective may be entitled to an offset, if they prevail on their counterclaim that the contractor's work was defective.

Practice Areas: Contracts , Breach , Creditors’ and Debtors’ Rights

New Haven J.D., at New Haven

Redford v. Cotrona

A plaintiff who proves breach of a construction contract is entitled to damages that place the plaintiff in the same position it would have enjoyed, if the contract had been properly performed.

Practice Areas: Contracts , Breach

Tolland J.D., at Rockville

Pollansky v. Coventry Public Schools

A court may not include attorney fees and interest in an oral contract for emergency snow removal, if the contract did not explicitly contemplate attorney fees and interest, even if the parties' previous written contracts included attorney fees and interest.

Practice Areas: Contracts , Breach

New Haven J.D., at Meriden

Sanders v. Melillo

Evidence that a summons was brought to the chief clerk of the court during the 30-day appeal period and that the chief clerk did not accept the summons at that time, because service of process had not yet been effectuated, can be sufficient to comply with Connecticut General Statutes §45a-186(a).

Practice Areas: Civil Procedure , Trusts and Estates

Stamford/Norwalk J.D., at Stamford

Genesis Merchant Partners v. Duran

The prior pending action doctrine does not apply to an action that involves different parties and that requests different relief.

Practice Areas: Civil Procedure , Motion Practice

Stamford/Norwalk J.D., at Stamford

Salisbury Bank and Trust v. Christophersen

Courts that award attorney fees may consider the amount of time spent and the attorney's hourly rate, as well as the novelty of the legal questions, the skill required, the amount involved and the results obtained.

Practice Areas: Legal Profession , Attorney Fee Recovery , Creditors’ and Debtors’ Rights

United States District Court

Texidor v. Astrue

The District Court can remand a Social Security benefits decision to the administrative law judge, if the ALJ did not consider the combined effect of all the claimant's symptoms.

Practice Areas: Social Services Law , Social Security Compensation

U.S. District Court

Richard v. Town of Greenwich

An inference of discrimination can exist if an employer hires a job candidate who is less qualified, weak in an essential job skill, Caucasian and significantly younger.

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

United States District Court

Onorato v. Timedx LLC

To plead a prima facie case of age discrimination, a plaintiff must allege: 1.) he belongs to a protected class; 2.) his performance was satisfactory; and 3.) he suffered an adverse employment action in circumstances that led to an inference of discrimination on the basis of age.

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

U.S. District Court

Craig v. University of Connecticut Health Center

A female worker who alleges that her employer eliminated her job when she was nine months pregnant and was ordered to take bed rest can allege a claim under the Family and Medical Leave Act, 29 United States Code §2612(a)(1)(A).

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

U.S. District Court

Wortham v. Plourde

To prove inadequate medical care, in violation of the Eighth Amendment, an inmate must prove prison officials were deliberately indifferent to a serious medical need.

Practice Areas: Criminal Law , Health Law , Constitutional Law

United States District Court

N.K. v. Morrison

To plead a cause of action under 42 United States Code §1983, a plaintiff must allege that the defendants, acting under color of law, deprived the plaintiff of a right secured by the constitution or federal law.

Practice Areas: Civil Rights , Torts , Personal Injury

United States District Court

Cut Rite Onions LLC v. Sardilli Produce & Dairy Co.

A court can enforce a contract provision that requires that parties engage in a good-faith attempt to resolve their claims via alternative dispute resolution, prior to filing an action in District Court.

Practice Areas: Alternative Dispute Resolution , Contracts , Breach

Connecticut Appellate Court

In Re: Probate Appeal of the Cadle Company

Res judicata did not apply to bar the plaintiff's claims in this probate appeal which involved different operative facts than those underlying the claims in the plaintiff's prior probate appeal, and the plaintiff did not have an adequate opportunity to litigate the present claims in the earlier proceeding.

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

Connecticut Appellate Court

NPC Offices, LLC v. Kowaleski

Support was lacking for the proposition that an easement subject to a condition subsequent can be terminated only by a material breach and the doctrine of disproportionate forfeiture was inapplicable.

Connecticut Appellate Court

2 National Place, LLC v. Reiner

As explained in the 2014 Appellate Court case of Cammarota v. Guerrera, "[p]rofessional negligence implicates a duty of care, while breach of fiduciary duty implicates a duty of loyalty and honesty."

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

Connecticut Appellate Court

Reyes v. City of Bridgeport

Summary judgment was properly granted on racial discrimination claims as no genuine issue of material fact existed regarding plaintiffs' failure to present evidence showing that the legitimate nondiscriminatory reason presented by the defendants was merely pretextual.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

Connecticut Appellate Court

State v. Reynolds

The constitutional guarantees of the confrontation clause apply only when testimonial hearsay statements are involved.

Practice Areas: Evidence , Constitutional Law , Criminal Law

Connecticut Appellate Court

State v. Early

While the defendant was in police custody and had not been advised of his rights under the 1966 U.S. Supreme Court case of Miranda v. Arizona, the inculpatory statement he uttered was not obtained in violation of his Miranda rights when it was not the product of police interrogation or responding to any police questions and general information police provided was not calculated to provoke a response.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Palmenta v. Commissioner of Correction

As explained by the 2013 Appellate Court in Johnson v. Commissioner of Correction, "[t]he habeas judge, as the trier of facts, is the sole arbiter of the credibility of witnesses and the weight to be given to their testimony."

Connecticut Appellate Court

Hall v. Commissioner of Correction

The habeas petitioner could not show, as required, that his counsel's allegedly deficient performance in failing to object to a videotape was prejudicial and, as explained in the 2012 Supreme Court case of Michael T. v. Commissioner of Correction, that "as a result of his trial counsel's deficient performance, there remains a probability sufficient to undermine confidence in the verdict that resulted in his appeal," when the videotape was merely cumulative of the testimony of numerous eyewitnesses who identified the petitioner as the robber.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Diaz v. Commissioner of Correction

The habeas petitioner could not prevail on his ineffective assistance of counsel claim when he did not establish prejudice from counsel's actions; here, in trial counsel's failing to present the testimony of three witnesses regarding a third party culpability claim, when no testimony directly connected a third party to the crime.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Supreme Court

Gilmore v. Pawn King, Inc.

Pawn-broker repurchase agreements are subject to the lower interest rate cap established in the usury statute, Connecticut General Statutes §37-4, and pawnbroker loans are subject to the higher interest rate cap in the pawnbroker interest rate statute, C.G.S. §21-44.

Practice Areas: Banking and Financial Institutions , Creditors’ and Debtors’ Rights

Dorry v. Garden

Dorry v. Garden

The savings statute, Connecticut General Statutes §52-592, allows for an action to be saved if it was commenced within the time limited by law, even if improper service was made within that time, if the defendant had effective notice during that time period and, "the time limited by law" includes the 30 day time period for a marshal to effectuate service under C.G.S. §52-593a.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Statute of Limitations

Statewide Grievance Committee

Thompson v. Zeolla

An attorney who allegedly fails to communicate to a client the scope of the legal representation and the basis of the attorney fee can violate Rule 1.5(b) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Suarez v. Zeolla

An attorney who does not file timely pleadings in response to a foreclosure complaint is not diligent, in violation of Rule 1.3 of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Board of Mediation and Arbitration

State of Connecticut Corrections and AFSCME, Council 4, Local 1565

The State of Connecticut can discharge a worker who allegedly engages in illegal conduct and violates department directives.

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

Board of Mediation and Arbitration

City of Norwich and MEUI, Local 506

Absent evidence that an employee was dishonest or insubordinate, arbitrators can reduce a discharge to a suspension without pay.

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

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

A city can possess just cause to discharge a school worker for off-duty conduct that involves violence with firearms and students, even if the off-duty conduct only results in an infraction.

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

United States Court of Appeals for the 2nd Circuit

Holt v. Town of Stonington

A plaintiff must exhaust available and adequate administrative remedies prior to seeking judicial remedies.

Practice Areas: Administrative Law , Civil Procedure , Jurisdiction and Service of Process , Land Use and Planning

United States Court of Appeals for the 2nd Circuit

United States v. Zayac

A defendant may not be entitled to a jury instruction on duress as an affirmative defense as a result of evidence that the defendant allegedly sat, alone and in possession of a firearm, in the driver's seat of an automobile that had just been the scene of a kidnapping and murder, awaiting the return of his accomplice, who was out of sight disposing of the victim's body.

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Jetter

A defendant may not be able to prove that his due-process rights were violated, as a result of a lengthy delay before his revocation hearing, if evidence exists that the defendant benefited from the delay.

Practice Areas: Criminal Law , Constitutional Law

United States Court of Appeals for the 2nd Circuit

United States v. Defelice

Generally, a defendant who unsuccessfully pursues the defense of government entrapment is not entitled to a reduction for acceptance of responsibility at sentencing, pursuant to United States v. Taylor, a 2007 decision of the 2nd Circuit.

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

Harding v. Borner

To prove a violation of substantive due process, a plaintiff may be required to prove: 1.) he has a valid property interest; and 2.) the defendants infringed on his property right in an arbitrary or irrational way.

Practice Areas: Constitutional Law , Land Use and Planning

United States Court of Appeals for the 2nd Circuit

Mpala v. City of New Haven

To prevail on claims that defendants violated the plaintiff's right to equal protection, the plaintiff must allege that 1.) he was treated differently than other, similarly situated individuals; and 2.) impermissible considerations of race, religion, or malicious or bad faith intent to injure existed.

Practice Areas: Civil Rights , Constitutional Law

Hartford J.D., at Hartford

Willard v. Quagliaroli

A court can credit the testimony of the testator's attorney that the testator intended to bequeath his property to an unrelated individual, as opposed to relatives who did not keep in contact with the testator.

Practice Areas: Trusts and Estates

New Haven J.D., at New Haven

Texeira v. Curren

Physical contact is a required element of battery, and absent allegations of touching, a plaintiff may not be able to allege a cause of action.

Practice Areas: Torts , Emotional Distress , Intentional Torts , Assault , Education Law

Fairfield J.D., at Bridgeport

Silano v. Cooney

Allegations that the defendant used vulgar and crude language and gestures, even if proven, may be insufficient to state a cause of action for defamation.

Practice Areas: Torts , Intentional Torts , Defamation , Civil Procedure , Provisional Remedies

Waterbury J.D., at Waterbury

Council v. Lombardi

Absent proof, by a fair preponderance of the evidence, that public school teachers failed to use reasonable care and were negligent, a court can grant judgment to the public school teachers.

Practice Areas: Education Law , Torts , Personal Injury

New Haven J.D., at New Haven

Corso v. Napolitan

A landlord may not be legally responsible, if a tenant's dog leaves the landlord's property and injures an individual at another location.

Practice Areas: Torts , Personal Injury

New Britain J.D., at New Britain

Koziol-Dube v. Southington Farms LLC

A court can rescind the purchase-and-sales agreement and award restitution and punitive damages, if a potential buyer proves that the seller fraudulently failed to disclose material facts and violated CUTPA, the Connecticut Unfair Trade Practices Act.

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

New London J.D., at New London

McNiece v. Ryan Ryan Deluca

Allegations that the defendant law firm's conduct injured the plaintiff may be sufficient for the plaintiff to possess standing to sue.

Practice Areas: Legal Profession , Civil Procedure , Standing

Stamford/Norwalk J.D., at Stamford

Horner v. Bagnell

An attorney is not entitled to attorney fees that were generated when he and his former law firm partner were no longer associated, pursuant to Rule 1.5(e).

Practice Areas: Contracts , Breach , Legal Profession , Attorney Fee Recovery , Partnership Disputes

Fairfield J.D., at Bridgeport

Bridgeport Fire Fighers Local 834 v. City of Bridgeport

An employer can discipline a worker in response to off-duty conduct, if a sufficient nexus exists between off-duty conduct, work responsibilities and the employer's interests.

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Hiring/Firing

Stamford/Norwalk J.D., at Stamford

Cayo v. O'Garro

Sovereign immunity can bar allegations against a court official for conduct taken in his official capacity as a day-to-day manager of courthouse activities.

Practice Areas: Election and Political Law , Torts , Intentional Torts , Defamation

Danbury J.D., at Middletown Regional Family Trial Docket

Critelli v. Critelli

A court can find it is in the best interests of the minor child that a parent not engage in substance abuse and order that party not to consume any alcohol and to undergo random drug tests.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Closs v. King

A court can find it is in the best interests of the minor child to order the child's parent to engage in counseling to resolve parenting and discipline issues.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Smith v. State of Connecticut Judicial Branch

To prevail on retaliation, a plaintiff who engages in protected activity can be required to prove an adverse employment action.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

Ansonia/Milford J.D., at Derby

Trent v. Bennett

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering and then reduce the amount of damages 50 percent because of comparative negligence.

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

Waterbury J.D., at Waterbury

Morrin v. Koplin

A court can set aside a verdict, if the verdict so shocks the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.

Practice Areas: Medical Malpractice , Health Law

New Haven J.D., at Meriden, G.A. 7

State v. Brightly

If probable cause exists to arrest a defendant who is participating in accelerated rehabilitation on new charges of driving under the influence and reckless driving, a court may end the accelerated rehabilitation.

Practice Areas: Criminal Law

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

State v. Amarante

A court can waive the application, evaluation and program fees of an indigent defendant who is eligible to participate in the Drug Education and Community Service Program.

Practice Areas: Criminal Law

New Britain J.D., at New Britain

Yarwood v. Wieczorek

An apportionment plaintiff who resides in Connecticut and then moves to another state can be ordered to return to Connecticut for a deposition.

Practice Areas: Civil Procedure , Discovery

United States District Court

Olympic Dreams LLC v. Clark

A defendant who, in the course of his "business, profession or employment supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he [or she] fails to exercise reasonable care or competence in obtaining or communicating the information," pursuant to Glazer v. Dress Barn, a 2005 decision of the Connecticut Supreme Court.

Practice Areas: Torts , Intentional Torts , Fraud (Torts)

United States District Court

Schneider v. Colvin

An individual who is capable of the full range of light work and whose impairments do not meet or equal listed impairments, may not qualify as disabled, for purposes of Social Security disability benefits.

Practice Areas: Social Services Law , Social Security Compensation

United States District Court

Dunning v. National Railroad Passenger Corp.

Absent an expert opinion, a plaintiff may not be able to prove that eating a cheeseburger caused a subsequent illness and that the cheeseburger was defective.

Practice Areas: Products Liability , Manufacturing Defect , Evidence , Expert Witnesses , Transportation

United States District Court

Belz v. Peerless Insurance Co.

Ambiguity in an insurance contract can be construed against the party that drafted the contract.

Practice Areas: Contracts , Breach , Insurance Law , Policy Terms

United States District Court

GISC Insurance Agency Inc. v. Perryman

Allegations that the parties signed a contract for full-time, exclusive employment, that the employer fully performed, that the employee breached the contract, because he simultaneously worked for another company, and that the employer was injured, can be sufficient to allege breach of employment contract.

Practice Areas: Labor and Employment , Hiring/Firing , Employment Contracts , Contracts , Breach , Civil Procedure , Jurisdiction and Service of Process

United States District Court

Davis v. Town of Bloomfield

Allegations that an individual outside the protected class replaced the plaintiff may be sufficient to allege a prima facie case of discrimination on the basis of race.

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

United States District Court

Bagley v. Yale University

A worker whose contract will not be renewed can adequately allege "actual loss," even if the contract has not yet expired.

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

United States District Court

United States v. Marshall

A court can order a defendant to pay a special assessment of $100 per offense to the government immediately, to fund the Crime Victims' Fund, as opposed to when the defendant is released.

Practice Areas: Criminal Law

United States District Court

Goins v. Murphy

Federal and state officials are entitled to qualified immunity on claims for monetary damages unless a plaintiff alleges that they violated a statutory or constitutional right that was clearly established.

Practice Areas: Constitutional Law , Civil Rights , Criminal Law

United States District Court

Doe v. East Lyme Board of Education

A court can deny a motion to award attorney fees and costs because both sides appealed to the 2nd Circuit, and litigation is ongoing.

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

Connecticut Appellate Court

Chief Disciplinary Counsel v. Zelotes

Rule 8.4(4) of the Rules of Professional Conduct, prohibiting conduct prejudicial to the administration of justice, is neither vague nor overbroad because case law and "the lore of the profession," as explained by the 5th Circuit in the 1988 case of Howell v. State Bar of Texas regarding a similar rule, provide sufficient guidance to attorneys in determining proper conduct.

Practice Areas: Legal Profession

Connecticut Appellate Court

State v. Bell

Like the admission of mug shots, testimony regarding the defendant's photograph being included among "target" photographs of suspected drug dealers, indicated prior criminal behavior on the defendant's part, and therefore, constituted prior uncharged misconduct evidence within the meaning of Connecticut Code of Evidence §4-5.

Practice Areas: Evidence , Prior Bad Acts , Criminal Law

Connecticut Appellate Court

Hardison v. Commissioner of Correction

Because two attorneys advised the habeas petitioner collaboratively, the statements of one attorney directly influenced whether the other attorney's advice was adequate and the petitioner, in bringing his ineffective counsel claims, waived the attorney-client privilege as to both attorneys.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

State v. Sabato

In the 1987 decision in State v. Williams, Connecticut's Supreme Court construed Connecticut General Statutes §53a-167a, concerning interfering with an officer, "to avoid the risk of constitutional infirmity" and so as "to proscribe only physical conduct and fighting words;" applying Williams here, insufficient evidence supported the defendant's conviction of attempted interfering with an officer for sending a text message to a witness telling him not to write a statement and to "keep [his] mouth shut."

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Easton

The confidentiality restrictions on youth offender records in Connecticut General Statutes §54-76l(a) does not extend to those records held by the Federal Bureau of Investigation and did not create a reasonable expectation of privacy as to the defendant's fingerprint records held by the F.B.I. Terrance Easton relevantly was charged in two informations with counts of home invasion, sexual assault and burglary.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

Kinsey v. World Pac

The term "reasonable attorney's fees" has acquired a judicially settled meaning that includes fees accrued by an attorney's paralegal to aid the attorney in the representation of his client.

Practice Areas: Social Services Law , Workers’ Compensation , Legal Profession

Connecticut Supreme Court

Weaver v. McKnight

An analysis under the Supreme Court's 1997 decision in State v. Porter assesses the witness' methods, his reasoning and procedures, used to reach his conclusions, rather than assessing a witness' qualifications, his knowledge and experience.

Practice Areas: Evidence , Health Law

Connecticut Supreme Court

State v. Benedict

Although the defendant's constitutional right to confront the complainant trumps the state's interest in protecting the confidentiality of sealed records, the relevancy of the proffered evidence must be established before such confidentiality can be breached.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

State v. Krijger

To ensure that only serious expressions of an intention to commit an act of unlawful violence are punished, as the First Amendment requires, the state must do more than demonstrate that a statement could be interpreted as a threat; when a statement is susceptible of varying interpretations, at least one of which is nonthreatening, the proper standard to apply is whether an objective listener would readily interpret the statement as a true threat, nothing less is sufficient to safeguard the constitutional guarantee of freedom of expression.

Practice Areas: Constitutional Law

Connecticut Supreme Court

State v. Santana

To functionally preserve a claim, precedent demonstrates that although a party need not use the term of art applicable to the claim, or cite to a particular statutory provision or rule of practice, he must have argued the underlying principles or rules before the trial court to obtain appellate review.

Practice Areas: Criminal Law , Evidence , Hearsay

Connecticut Supreme Court

Hylton v. Gunter

The bright line rule articulated in the Supreme Court's 1988 decision in Parenteau v. Devita, that "a judgment on the merits is final for purposes of appeal even though the recoverability or amount of attorney's fees for the litigation remains to be determined," applies in the context of common-law punitive damages, which are limited under Connecticut law to litigation expenses, such as attorney fees less taxable costs and the Appellate Court's 1998 decision in Lord v. Mansfield was overruled, holding that a judgment is not final for purposes of appeal under Connecticut General Statutes §52-263, when the trial court has awarded, but not yet determined the amount of common law punitive damages.

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

State Elections Enforcement Commission

Complaint by: Rusgrove

A referendum question is considered to be "pending" only when the necessary legal conditions have been met to require the publication of legal notice about a referendum.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Morey

The State Elections Enforcement Commission lacks jurisdiction to decide whether a party violates its own rules when it selects a candidate for municipal office.

Practice Areas: Administrative Law , Election and Political Law

Board of Mediation and Arbitration

Town of Monroe and AFSCME, Council 15, Local 1775

A municipality can possess just cause to demote a police officer who allegedly fails to follow instructions and provides answers on an exam that are copied from another officer.

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

United States District Court

Sanchez v. Homestead Funding Corp.

The Federal Tort Claims Act bars claimants from filing claims in federal court until administrative remedies are exhausted.

Practice Areas: Administrative Law , Torts , Intentional Torts , Fraud (Torts) , Creditors’ and Debtors’ Rights

New Haven J.D., at New Haven

Weitz v. Young Men's Christian Association of New Britain and Berlin

Genuine issues of material fact about waiver can exist, if the waiver boxes on a client's application to belong to a health club are not checked.

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

Ansonia/Milford J.D., at Derby

Morrissey v. Kampf

Recklessness is highly unreasonable conduct that involves an extreme departure from ordinary care, in a situation where a high degree of danger is apparent.

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

Stamford/Norwalk J.D., at Stamford

Deluca v. Clark

Genuine issues of material fact can bar summary judgment on a claim that a minor child intentionally fired at the plaintiff's motor vehicle and knew, or should have known, that the plaintiff would suffer from emotional distress, if her motor vehicle were damaged.

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

Hartford J.D., at Hartford

Callhoun v. McCarthy

Allegations that a biological father allowed another man to raise his child in the mistaken belief that he was the biological father, may be sufficient to allege a cause of action in fraudulent misrepresentation.

Practice Areas: Torts , Intentional Torts , Fraud (Torts)

New Britain J.D., at New Britain

Sutherland v. Bremby

The Department of Social Services may consider the full value of an asset, when it rules on eligibility for Medicaid benefits, and is not required to consider the after-tax value.

Practice Areas: Social Services Law , Elder Law

New Haven J.D., at Meriden

Alberta Management Inc. v. Jones

A court can find that a law firm that represented an individual defendant when she borrowed money is disqualified from representing the plaintiff in a debt collection action against the defendant.

Practice Areas: Legal Profession , Creditors’ and Debtors’ Rights

New Britain J.D., at New Britain

Everett v. Bristol Hospital Inc.

A court can dismiss a medical-malpractice claim that nursing care at a hospital was insufficient, if the plaintiffs' written opinions from similar health care providers do not cover nursing care.

Practice Areas: Medical Malpractice , Health Law

Waterbury J.D., at Waterbury

Arras v. Regional School District #14

A plaintiff who challenges election results must prove that: 1.) there were substantial violations of statutory requirements; and 2.) as a result of substantial violations, the result of the election is seriously in doubt.

Practice Areas: Election and Political Law , Education Law

Waterbury J.D., at Waterbury

Hudson v. Grant

A court can find it is in the best interests of a minor child to award the father primary custody.

Practice Areas: Family Law , Custody and Child Support

Bantam, G.A. #18

State v. Parker

An offense that results in incarceration in another state can qualify as a crime in Connecticut.

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Squire Village Associates L.P. v. Professional Electrical Contractors of Connecticut Inc.

A company that allegedly paid the full amount owed and that did not obtain full performance in return can prove breach of contract.

Practice Areas: Contracts , Breach

Waterbury J.D., at Waterbury

Brothers Tree Service LLC v. Savarese

A company that proves it performed fully and that a homeowner signed a contract and failed to pay can prevail on breach of contract.

Practice Areas: Contracts , Breach

New Haven J.D., at Meriden

Schmitt v. Riverside Motorcars LLC

A court can find that a used car dealer violated express and implied warranties of merchantability if significant and costly repairs approaching 50 percent of a motor vehicle's purchase price are required weeks or months after the purchase.

Practice Areas: Consumer Protection , Contracts , Warranties , Transportation

Stamford/Norwalk J.D., at Stamford

Zumbro v. von Bernuth

Absent evidence of prejudice or inconvenience to the defendant, or that an amendment will delay the proceedings, a court can exercise its discretion to allow a plaintiff to amend a complaint nearly eight months after the return date.

Practice Areas: Civil Procedure , Motion Practice , Family Law

Stamford/Norwalk J.D., at Stamford

Brown v. Safeco Ins. Co. of Illinois

A court may subtract net collateral source payments and the amount that the tortfeasor or the tortfeasor's insurance paid, when it awards damages.

Practice Areas: Civil Procedure , Judgments , Insurance Law , Automotive , Torts , Personal Injury , Motor Vehicles