Recent Decisions

Waterbury J.D., at Waterbury

Coleman v. Parks

Inmate Lacked Standing to Sue Electric Company for Identity Theft

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

CV16-5017568
Brazzel-Massaro, J.

Stamford/Norwalk J.D., at Stamford

Lazzaro v. Brown

Client Adequately Alleged that Former Attorney Breached Contract

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

CV16-6027985
Heller, J.

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

Voisine v. Alfieri

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

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

CV15-5001179
Tanzer, J.T.R.

New Haven J.D., at New Haven

The Tortilla Villa v. Peschell

Elderly Landlords Alleged that Sophisticated Tenant Violated CUTPA

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

CV15-6054480
Blue, J.T.R.

Waterbury J.D., at Waterbury

Thibodeau v. Southbury Dental Care

Written Opinion of Board-Certified Surgeon Was Insufficient

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

CV15-6028643
Shapiro, J.

New London J.D., at Norwich

Fitchett v. Fitchett

Coast Guard Officer Who Allegedly Abandoned Family at Greater Fault

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

FA15-5102470
Diana, J.

Hartford J.D., at Hartford

Morant v. Dep't of Correction

Black Corrections Officer Alleged Discriminatory Discharge

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

CV14-649232
Dubay, J.

New Haven J.D., at New Haven

Fillion v. Café Allegre

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

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

CV10-6013202
Pittman, J.

Hartford J.D., at Hartford

Kennynick v. Standard Petroleum

Class Action Against Standard Petroleum Won Class Certification

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

CV09-5042760
Heller, J.

United States District Court

Knox v. United States

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

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

3:12cv1741
Merriam, J.

United States District Court

Williams v. Foley

State Court Judges Were Entitled To Judicial Immunity

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

3:15cv1324
Shea, J.

United States District Court

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

Insurer Did Not Owe Duty to Inform Homeowners about Mold

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

3:14cv158
Bolden, J.

United States District Court

Huaman v. Town of E. Hartford

ER Records Described Allegations that Cop Beat up Minor Plaintiff

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

3:13cv484
Shea, J.

United States District Court

White v. Smiths Medical ASD

Worker Allegedly Was Fired Days After He Requested Medical Leave

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

3:14cv1501
Bryant, J.

United States District Court

Gran v. TD Bank

Hartford Manager Adequately Alleged Gender Discrimination

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

3:14cv1632
Bolden, J.

United States District Court

McIntyre v. BF Capital Holding

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

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

3:14cv33
Martinez, J.

United States District Court

Davis v. McDaniel

Inmate Alleged Correction Officers Banged his Head, Sprayed Chemical

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

3:16cv1287
Meyer, J.

United States District Court

Addona v. D'Andrea

Body Camera Backed Up Cops' Claims they Used Minimal Force

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

3:14cv1757
Eginton, J.

Connecticut Appellate Court

Baldwin v. Comm'r of Correction

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

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

AC 38112
West, J.

Connecticut Appellate Court

State v. Kinch

Passenger Lacked Standing to Protest Search of Motor Vehicle

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

AC 37433 and AC 37434
Gruendel, J.

Connecticut Appellate Court

Miller v. Dep't of Agriculture

Dog Owner's 6th Amendment Rights Were Not Violated

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

AC 37527
Keller, J.

Connecticut Supreme Court

Hornung v. Hornung

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

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

SC 19361
Robinson, J.

State Elections Enforcement Commission

Complaint by: Walkovich

Treasurer Fined $200 for Failure to Disclose Aggregate Contributions

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

2016-002A
Castagno, J.

State Elections Enforcement Commission

Complaint by: Martin

Municipality's Post About School Referendum Did Not Contain Advocacy

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

2016-052
Castagno, J.

State Elections Enforcement Commission

Complaint by: Jackson

Member of BOE Did Not Hold Incompatible Municipal Offices

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

2015-175
Castagno, J.

Compensation Review Board

Mikucka v. St. Lucian's Residence

Vocational Disability Claim Was Raised at Eleventh Hour

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

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

United States Court of Appeals for the Second Circuit

Yucra-Santi v. Lynch

Peruvian Did Not Prove Likelihood of Future Persecution

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

15-37

United States Court of Appeals for the Second Circuit

Wheelings v. Dorosh

Cops who Allegedly Entered Residence Entitled to Immunity

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

15-3123

United States Court of Appeals for the Second Circuit

Coderre v. City of Wallingford

Cops Possessed Probable Cause to Arrest Suspect for Theft of Vacuum

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

15-2877-cv

Stamford/Norwalk J.D., at Stamford

Tice v. Bish

$55,740 in Damages for Malicious Prosecution Reversed

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

CV14-6023210
Povodator, J.

New Britain J.D., at New Britain

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

PURA Lacked Power to Order Restitution for Submetering

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

CV13-6021316
Schuman, J.

Fairfield J.D., at Bridgeport

Cappuccia v. The Magner Funeral Home

Plaintiffs Failed To Produce Enough Evidence to Prove Emotional Distress

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

CV13-6032416
Stodolink, J.T.R.

Hartford J.D., at Hartford

Chief Disciplinary Counsel v. Serrano

Lawyer who Conspired to Commit Bank Fraud Suspended Six Years

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

CV13-6046117
Robaina, J.

Stamford/Norwalk J.D., at Stamford

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

Insurer Did Not Prove Departure from Appropriate Standard of Care

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

CV14-6021317
Karazin, J.T.R.

Waterbury J.D., at Waterbury

McBreairty v. Body Cosmetica

Patient Adequately Alleged Failure to Provide Informed Consent

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

CV15-6027857
Roraback, J.

New Haven J.D., at Meriden

Petrucelli v. City of Meriden

Homeowner Protested Order to Comply with Parking Ordinance

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

CV16-5006565
Cronan, J.

Stamford/Norwalk J.D., at Stamford

Tromba v. Tromba

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

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

FA09-4016963
Jacobs, J.

Stamford/Norwalk J.D., at Middletown RFTD

Gavlick v. Gavlick

Mom's Proposed Move Not in Best Interests of Children

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

FA15-6024538
Pinkus, J.

Stamford/Norwalk J.D., at Stamford

Fieber v. Fieber

Real Estate Developer to Pay Former Wife $5.4 Million

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

FA13-4025898
Shay, J.T.R.

Hartford J.D., at Hartford

Adell v. Adell

Comcast Supervisor Allegedly Lied under Oath about Lack of Work

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

FA15-6062166
Ficeto, J.

Stamford/Norwalk J.D., at Stamford

Netscout Sys. v. Gartner

Apparent 1st Impression on Apex Deposition Rule

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

CV14-6022988
Lee, J.

Hartford J.D., at Hartford

Mitchell v. State

Sex-Assault Defendant Did Not Produce Newly Discovered Evidence

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

CV06-4021601
Mullarkey, J.T.R.

New Haven J.D., at New Haven

Gara v. Federico

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

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

CV12-6034807
Agati, J.

Hartford J.D., at Hartford

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

Plaintiffs Proved Schools Did Not Meet Constitutional Requirements

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

CV14-5037565
Moukawsher, J.

United States District Court

Belz v. Peerless Ins.

Genuine Issues Existed on Coverage for Cracks in Basement

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

3:13cv1315
Bolden, J.

United States District Court

Covaleski v. Granaudo

Double-Locking Handcuffs Did Not Constitute Excessive Force

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

3:14cv1193
Eginton, J.

United States District Court

Szestakow v. Metropolitan Dist. Comm'n

Worker Alleged Prima Facie Case of FMLA Retaliation

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

3:10cv567
Eginton, J.

United States District Court

Dieterle v. Rite Aid Pharm.

Gay Manager Did Not Prove Sexual Orientation Discrimination

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

3:15cv733
Meyer, J.

Connecticut Appellate Court

Pena v. Gladstone

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

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

AC 37750
Keller, J.

Connecticut Appellate Court

Jordan v. Darric

Civil Restraining Order Reversed, Absent Proof of Threat of Injury

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

AC 38640
Beach, J.

Connecticut Appellate Court

State v. Palmenta

Exception to Persistent Felony Offender Statute Did Not Apply

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

AC 37891
Jongbloed, J.

Connecticut Appellate Court

Wash. Mut. Bank v. Coughlin

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

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

AC 37645
Prescott, J.

Connecticut Appellate Court

State v. Fred

Warning about Lying Did Not Deprive Defendant of Fair Trial

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

AC 37114
Bishop, J.

Statewide Grievance Committee

Donnelly v. Avitabile

Attorney Who Previously Was Reprimanded 7 Times to be Presented

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

16-0091
Sansone, Esq. and Matthews

Freedom of Information Commission

Riley v. Semple

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

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

FIC 2015-751
Freedom of Information Commission

Freedom of Information Commission

Blauvelt-Cruz v. Semple

Inmate Alleged Police Department Records Were Not Provided Promptly

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

FIC 2015-763
Freedom of Information Commission

Compensation Review Board

Tiffany v. Cheer Virtue Evolution

Respondent Did Not Prove Lack of Notice of Formal Hearing

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

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

Compensation Review Board

Nielsen v. MNS Therrien Constr.

Claimant Moved to Open, to Convert Annuity to Lump Sum

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

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

Compensation Review Board

Mott v. KMC Music

Worker Did Not Produce Evidence Trip and Fall Caused Headaches

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

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

Litchfield J.D., at Litchfield

Urkiel v. Hamilton

Kids Alleged that Conservator Breached Her Fiduciary Duties

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

CV15-6012143
Pickard, J.

New Haven J.D., at New Haven

Graham v. City of New Haven

Black Sand on Highway Following Maintenance Allegedly Caused Accident

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

CV14-6051633
Pittman, J.

Stamford/Norwalk J.D., at Stamford

Disciplinary Counsel v. Hickey

Waiver of Right to Apply for Readmission Was Not Involuntary

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

CV08-4014896
Povodator, J.

Hartford J.D., at Hartford

Assarabowski v. Gallo

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

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

CV16-6067063
Huddleston, J.

Fairfield J.D., at Bridgeport

Wyckoff v. Wyckoff

Mom Did Not Want Children to Remain Overnight in Sober House

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

FA12-4039147
Sommer, J.

New Haven J.D., at New Haven

Engstrom v. Engstrom

Mom Enrolled Child at Boarding School Without Dad's Permission

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

FA11-4045432
Kenefick, J.T.R.

Hartford J.D., at Hartford

Doe v. Pourkavoos

Plaintiff Did Not Prove Transfer Violated Fraudulent Transfer Act

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

CV15-6058772
Moukawsher, J.

Hartford J.D., at Hartford

R.D. Clark & Sons v. Clark

Shareholders in Family Company Engaged In Oppressive Conduct

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

CV14-6050218
Shortall, J.T.R.

Hartford J.D., at Hartford

Dodge v. Frank

Estate Sales Worker Adequately Alleged Breach-of-Contract Claim

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

CV15-6058638
Noble, J.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. Scharf

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

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

CV12-6034817
Moukawsher, J.

United States District Court

Gardner v. Univ. of Conn. Health Ctr.

Worker with Seizure Disorder Failed to Prove Prima Facie Case

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

3:12cv1168
Crawford, J.

United States District Court

Del Monaco v. Czech Asset Mgmt.

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

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

3:14cv1313
Shea, J.

United States District Court

Craig v. Univ. of Conn. Health Center

Part-Time UConn Worker Was Not Eligible for FMLA Leave

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

3:13cv281
Bolden, J.

United States District Court

Public Serv. Ins. v. Mount View Realty

Attorney Work Product Only Protected Some Documents

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

3:15cv740
Merriam, J.

United States District Court

In re Curwen

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

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

3:15cv1824
Underhill, J.

Connecticut Appellate Court

Solairaj v. Mannarino Builders

Buyers Who Added Conditions To Purchase Breached Contract

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

AC 37988
DiPentima, J.

Connecticut Appellate Court

Helfant v. Yale-New Haven Hosp.

Opinion Writer Was Not Board-Certified in Emergency Medicine

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

AC 37569
West, J.

Connecticut Appellate Court

Szymonik v. Szymonik

Lack of Hearing on Financial Orders Violated Due-Process Rights

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

AC 36301
Mullins, J.

Connecticut Appellate Court

Allen v. Comm'r of Correction

Trial Counsel Did Not Timely Request that Court Poll the Jury

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

AC 36362
Sheldon, J.

Connecticut Appellate Court

State v. McClean

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

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

AC 37380
Lavine, J.

Connecticut Supreme Court

LaFrance v. Lodmell

Parties' Prenup Included Agreement to Arbitrate Disputes

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

SC 19614 and 19615
Eveleigh, J.

Connecticut Supreme Court

State v. Ruocco

Omission of 'No Adverse Inference' Jury Instruction Required Reversal

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

SC 19387
Palmer, J.

Connecticut Supreme Court

State v. Wang

Likelihood that Competency Would Be Restored Was Over 50 Percent

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

SC 19637
Palmer, J.

Freedom of Information Commission

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

'Trade Secrets' Were Exempt from Disclosure to Carmody Lawyer

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

FIC 2016-0035
Freedom of Information Commission

Freedom of Information Commission

Kaminski v. Comm'r Dep't of Correction

DOC Refused to Provide Copies of Copyrighted Publications to Inmate

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

FIC 2015-867
Freedom of Information Commission

Board of Mediation and Arbitration

WE Transp. and Teamsters Local Union 191

Bus Driver who Collided with Pedestrian Won Reinstatement

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

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

United States Court of Appeals for the Second Circuit

Riles v. Buchanan

Inmate Alleged Corrections Officer Used Excessive Force, Broke his Nose

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

15-3336-pr

United States Court of Appeals for the Second Circuit

Akande v. United States Marshals Serv.

Plaintiff Alleged he Was Held an Extra Month in Federal Prison

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

13-4629

United States Court of Appeals for the Second Circuit

In re James Licata; Licata v. Coan

Debtor Argued that Bankruptcy Estate Was Valued at $1 Billion

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

15-3172-bk

Litchfield J.D., at Litchfield

Nonkin v. Peschel

No Evidence Uphill Neighbors Were Responsible for Flood

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

CV14-6009898
Pickard, J.

New Haven J.D., at New Haven

Henderson v. Smith

Plaintiffs Proved Defendants Were Responsible for 2014 Accident

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

CV14-60449899
Agati, J.

Stamford/Norwalk J.D., at Stamford

Estrada v. Pierre-Louis

Scavenger Hunter Not Identifiable Victim Subject to Imminent Harm

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

CV15-6024275
Heller, J.

New Haven J.D., at New Haven

Criscio v. Town of Branford

Municipality Entitled to Immunity for Alleged Basketball Court Injury

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

CV15-6053940
Fischer, J.

Hartford J.D., at Hartford

Disciplinary Counsel v. Johnson

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

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

CV12-6034033
Berger, J.

New Haven J.D., at New Haven

Barnes v. Conn. Podiatry Grp.

Medmal Plaintiff Lacked a Qualified Expert Medical Witness

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

CV12-6027801
Lager, J.

Stamford/Norwalk J.D., at Stamford

Powers v. Hiranandani

Husband at Greater Fault as Result of Allegedly Vicious Comments

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

FA14-4028425
Jacobs, J.

Litchfield J.D., at Litchfield

Mazzaferro v. Town of Morris Inland Wetlands Comm'n

Bantam Lake Property Owner Sought to Build Another Wall

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

CV15-6012668
Pickard, J.

Hartford J.D., at Hartford

Spears v. Cardinal Health 200

African-American Alleged Wrongful Discharge Based on Hair Follicle Test

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

CV15-6063597
Peck, J.T.R.

New Haven J.D., at New Haven

Boone v. Balvuca

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

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

CV13-6038706
Burke, J.T.R.

Litchfield J.D., at Litchfield

Baldwick v. McRedmond

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

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

Pickard, J.
Pickard, J.

Stamford/Norwalk J.D., at Stamford

Traylor v. Parker

First Amendment Protected Expressions of Opinions in Broadcast

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

CV13-5015533
Genuario, J.

New Britain J.D., at New Britain

Simpson v. City of New Britain

Genuine Issue on Whether Plaintiff Intended to Interfere with Police

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

CV15-60279450
Young, J.

Hartford J.D., at Hartford

Estate of Pedraza v. State

Administrators Did Not Timely File Claim on Behalf of Deceased Inmate

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

CV14-6051632
Huddleston, J.

United States District Court

SLSJ v. Kleban

Defendants Admitted they Did Not Comply Fully with Discovery

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

3:14cv390
Haight, J.

United States District Court

Bussolari v. City of Hartford

Citizen Alleged Excessive Force in Violation of Conn. Constitution

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

3:14cv149
Meyer, J.

Connecticut Supreme Court

Harrington v. Freedom of Info. Comm'n

'Primary Purpose' Standard Applied To Attorney-Client Privilege

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

SC 19586
McDonald, J.

Connecticut Supreme Court

State Farm Fire and Casualty v. Tully

Voluntary Intoxication Did Not Negate Policyholder's Intent

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

SC 19600
Robinson, J.

Connecticut Supreme Court

Estate of Rock v. Univ. of Conn.

Estate of UConn Worker Sought Workers' Compensation Benefits

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

SC 19465
Zarella, J.

Freedom of Information Commission

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

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

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

FIC 2015-732
Freedom of Information Commission

Freedom of Information Commission

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

School Provided Discharged BOE Worker Approximately 5,000 Records

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

FIC 2015-698
Freedom of Information Commission

Freedom of Information Commission

Ehlert v. First Selectman, Town of Westbrook

Board of Selectmen Wrongly Convened in Executive Session

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

FIC 2016-0030
Freedom of Information Commission

Freedom of Information Commission

Barney v. Town Clerk, Town of Bloomfield

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

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

FIC 2015-806
Freedom of Information Commission

Compensation Review Board

Collins v. Town of Wilton

Cop Was Rated with 6 Percent Permanent Partial Heart Disability

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

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

Board of Mediation and Arbitration

City of Meriden and UPSEU, Local 424

Manager Who Did Not File Report Timely Was Insubordinate

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

2015-A-0473
Ferrucci, Celentano and Sullivan

United States Court of Appeals for the Second Circuit

Lasky v. McHugh

District Court Lacked Jurisdiction to Decide Appeal from Court Martials

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

15-1374

United States Court of Appeals for the Second Circuit

First Mercury Ins. v. Shawmut Woodworking & Supply

Subcontractor's Insurance Policy Covered Construction Manager

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

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

United States Court of Appeals for the Second Circuit

Kiranlioglu v. Lynch

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

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

15-2340-ag

United States Court of Appeals for the Second Circuit

Ricciuti v. Gyzenis

Officer Claimed She Contacted Local Leaders as a Private Citizen

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

12-432-cv
Pooler, J.

Stamford/Norwalk J.D., at Stamford

O'Neil v. Lt of Stamford; Terenzio v. LT of Stamford

Police Ordered to Produce Investigative Reports, Evidence, Records and Tapes

The Erasure Statute did not prevent the use of police reports during discovery in a subsequent civil case. The court ordered the police to produce the police department's police reports, physical evidence, records and tapes, on or before Aug.

CV16-6028203 and CV16-6028284
Heller, J.

Stamford/Norwalk J.D., at Stamford

Commaroto v. Guzzo

Court Struck Defense Counterclaim in Action Against LaPolla Industries

Because Connecticut General Statutes §52-240a did not create an independent cause of action, it did not provide a proper subject for a counterclaim in a products-liability action.

CV12-6013645
Genuario, J.

Fairfield J.D., at Bridgeport

200 E. Main St. v. Zoning Comm'n of the Town of Stratford

Substantial Evidence Did Not Exist to Support Commission's Decision

A zoning commission did not present evidence, even anecdotal evidence, to support a claim that excessive traffic congestion would result, if the zoning commission approved a restaurant with a drive-thru window in a 29-acre shopping center.

CV15-6051733
Radcliffe, J.

Hartford J.D., at Hartford

Raus v. Raus

Wife of 28 Years Awarded $1,000 per Week, Investments and Car

A court could consider the parties' incomes, education, health, assets and ability to acquire assets, when it awarded alimony and distributed property.

FA15-6059174
Suarez, J.

New Britain J.D., at New Britain

Conroy v. Idlibi

Dentist's Wife Awarded $1,250 per Week and $132,000 Lump Sum

A court awarded rehabilitative alimony to permit a homemaker to obtain education, training and skills to achieve self-sufficiency.

FA15-6029313
Carbonneau, J.

Waterbury J.D., at Waterbury

Osborn v. City of Waterbury

5th Grader Who Was Beat up During Recess Awarded $67,090

A court could award economic damages for medical expenses and non-economic damages for scarring and emotional distress to the victim of a physical assault.

CV13-6018305
Sheedy, J.T.R.

Stamford/Norwalk J.D., at Stamford

Batista v. Ehrlich; Batista v. The Norwalk Hosp.

Doctor Requested that Expert Disclose Written Medical Letters

A court denied defendant doctor's attempt to discover whether plaintiffs' disclosed expert also authored the written medical opinion attached to the complaint.

CV14-6023277
Genuario, J.

Fairfield J.D., at Bridgeport

Nunez v. Krofssik

Couple Injured When Driver Left Lane of Travel Awarded $114,950

At a hearing in damages, a court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to a couple who were injured in a motor-vehicle accident.

CV14-6045770
Kamp, J.

New Haven J.D., at New Haven

DiPalma v. Rapoza

$74,834 Award to Plaintiffs Failed to Shock Court's Conscience

As a result of evidence that plaintiffs suffered from pre-existing injuries, a court could not find that a jury's award for injuries that resulted from a motor-vehicle accident shocked the court's conscience.

CV14-6045827
Wilson, J.

Tolland J.D., at Rockville

State v. Christensen

Counsel for Deceased Victim Objected to Sentence Reduction

An individual who allegedly committed second-degree manslaughter and second-degree assault with a motor vehicle when driving under the influence could be sentenced to seven-and-one-half years in prison.

CR14-106367
Fischer, J., Alexander, J. and Ginocchio, J.

New Haven J.D., at New Haven

K&S Main Prop. v. Empire Serv.

Roofer Alleged Client's Principal Reneged on Promise To Keep Off Roof

Allegations that plaintiff falsely promised to keep its representatives out of the construction area and then reneged and misrepresented the terms of the agreement were insufficient to state an unfair trade practices claim.

CV14-6050567
Blue, J.

Fairfield J.D., at Bridgeport

Rosenberg & Press v. Success Vill. Apt.

Rosenberg Firm Won $53,212 on Breach-of-Contract Count

A client that signed a retainer agreement and that allegedly failed to pay for legal services could breach a contract.

CV14-6044607
Kamp, J.

United States District Court

Farmer v. Judicial Branch

Plaintiff Alleged Frank D'Adabbo Did Not Provide Salamon Instruction

A Connecticut Superior Court judge was entitled to judicial immunity for conduct during a state criminal trial, even if the judge's conduct was wrong, malicious or in excess of authority.

3:16cv1069
Bolden, J.

United States District Court

United States v. Eastman

Fake Pop Star Allegedly Persuaded Teenage Girls to Expose Themselves

On a motion to suppress, a defendant possessed the burden to prove that law enforcement subjected defendant to a search and seizure without a search warrant.

3:16cr6
Shea, J.

United States District Court

Sweeney v. Enfield Bd. of Educ.

Tenured High School Teacher Received Chance to Deny Threatening Students

A tenured teacher was entitled to oral or written notice of charges that he allegedly threatened high school students, an explanation of the employer's evidence and an opportunity to present his version.

3:14cv1511
Shea, J.

United States District Court

Chapman v. Ouellette

Officials Did Not Violate Student's Procedural Due-Process Rights

High school officials who suspended a student for 10 days provided procedural due process, because officials explained why he was being suspended and provided the student an opportunity to explain and to furnish his version.

3:14cv1411
Shea, J.

United States District Court

Flynn v. Directv

Plaintiffs Alleged Directv Installed Satellite Dishes and Abandoned Them

CUTPA did not require that a direct business relationship exist between the parties. Allegations that defendants entered plaintiffs' property, affixed satellite dishes without permission and abandoned the satellite dishes were sufficient to state a CUTPA claim.

3:15cv1053
Meyer, J.

United States District Court

Lombardi v. Myers

Animal Control Officer Protested Arrest for Alleged Animal Cruelty

Plaintiff, an animal control officer, did not prove that police lacked probable cause to arrest, as a result of statements of co-workers that plaintiff allegedly shook a dog, threw a dog against a wall and yelled obscenities at a dog.

3:14cv1687
Bolden, J.

United States District Court

Gonzalez v. Waterbury Police Dep't

Cops Alleged Plaintiff Was Unable to Identify Alleged Rock Thrower

In an excessive use of force case, a jury could rely on a combination of factors that included direct testimony, cross examination and circumstantial evidence to find that a particular individual was responsible.

3:12cv478
Underhill, J.

Connecticut Appellate Court

Cornelius v. Comm'r of Correction

Bomb Maker Alleged that Prison Wrongly Rescinded Good-Time Credit

Even if the state court wrongly rescinded good time-credit, a ruling to that effect would not provide the habeas petitioner practical relief, after he finished serving a state court sentence and began serving his federal court sentence.

AC 37861
Per Curiam

Connecticut Appellate Court

Guzman v. Yeroz

Defendant Did Not Request Plain Error Review of $386,070 Award

Absent an affirmative request from the appellant, the appellate courts could refuse to apply the plain error doctrine.

AC 37436
Prescott, J.

Connecticut Supreme Court

State v. Conn. Emp. Union Indep.

UConn Worker who Was Caught Smoking Pot Won Reinstatement

Public policy did not require the discharge of a state employee who was caught smoking marijuana during work hours.

SC 19590
Rogers, C.J.

State Elections Enforcement Commission

Referral by: von Braun

O'Neil Campaign Produced Flyer that Promoted Another Candidate

A candidate committee could only make expenditures that promoted the candidate for which the candidate committee was formed.

2015-192B
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Stapleton-Reily

Complainant Failed to Prove that Campaign Flyers Lacked Attributions

Connecticut General Statutes §9-621 provided that campaign flyers must include attributions that included the phrases "paid for by" and "approved by."

Castagno, Chair
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Schaffrick

Flyers Placed on Car Windshields Did Not Include Proper Attributions

A private citizen who spent less than $5 on a flyer that he distributed before an election could be required to include "paid for by" attributions on the flyer.

2015-135
Castagno, Chair

Citizen's Ethics Advisory Board

Advisory Opinion No. 2016-3

Conn. PURA Chair Was Offered Job on Board of Directors of MA Company

Public officials were not allowed to accept other employment that might affect their independence of judgment concerning official duties, pursuant to Connecticut General Statutes §1-84(b).

2016-3
Chiusano, Chair

Board of Mediation and Arbitration

Town of Southbury and Southbury Police Assoc.

Town Did Not Act in Bad Faith when it Enforced Cap on Unused Sick Leave

A municipality could enforce a cap in a collective bargaining contract that permitted workers to accumulate no more than 120 days of unused sick leave.

2016-A-0139
Weiner, Kuehnel and Podurgiel

Board of Labor Relations

In the Matter of Hartford and Hartford Firefighters Assoc.

Hartford Did Not Properly Compute Back Pay Owed to Reinstated Worker

A municipality that failed to comply with an arbitration award could violate the Municipal Employee Relations Act.

4905
Collins, Dellapina and Leech

United States Court of Appeals for the Second Circuit

Kovaco v. Rockbestos-Surprenant Cable

Social Security Claims Estopped Plaintiff's Claim He Was Qualified

A former worker who informed the Social Security Administration that he was unable to work as of a particular date was judicially estopped from alleging in a district court complaint that he remained capable of performing essential job functions as of that date.

15-2037cv
Cabranes, J.

New Haven J.D., at New Haven

Palmer v. Conn. Sports Plex

Father Injured at Baseball Batting Practice Awarded $32,000

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual who allegedly was struck in the eye by a baseball.

CV12-6034757
Agati, J.

Stamford/Norwalk J.D., at Stamford

Holt v. Safeco Ins. Co. of Am.

Homeowners Alleged Price Fixing and Market Manipulation by Insurer

Connecticut did not recognize a private cause of action for allegations of price fixing and market manipulation against an insurance company.

CV13-6017661
Tobin, J.T.R.

New London J.D., at New London

Peters v. United Cmty. and Family Serv.

Original Written Opinion Did Not Indicate Author Was Board Certified

Medical-malpractice plaintiffs were required to provide a written opinion from a similar healthcare provider, and if the defendant was board certified the opinion writer might also be required to be board certified.

CV16-6026050
Vacchelli, J.

New Haven J.D., at New Haven

Giampietro v. The Eye Care Grp.

Defendant Ophthalmologists Won Battle of Experts at MedMal Trial

To prevail on a medical-malpractice claim, a patient was required to prove, by a preponderance of the evidence, that defendants breached the standard of care.

CV12-6034486
Agati, J.

New London J.D., at New London

Town of Waterford v. Two Dogs

Former Owners Who Allegedly Neglected Rottweillers Fined $5,304

A court could fine the owners of pets that allegedly were neglected or cruelly treated.

CV16-6027068
Vacchelli, J.

New Britain J.D., at New Britain

Godbout v. Freedom of Info. Comm'n

FOIC Protester Not Entitled to Hearing on 'Evil Agency' Complaint

A frequent protester, who allegedly characterized the Freedom of Information Commission as "an evil agency," was not entitled to an administrative hearing on his claim that the State Task Force on Victim Privacy conducted a secret meeting.

CV15-5017046
Schuman, J.

Waterbury J.D., at Waterbury

Strakosch v. Strakosch

Husband Found in Contempt for Failure to Co-Sign College Loan

A party who willfully disobeyed a clear and unambiguous court order could be found in contempt of court.

FA11-4025200
Nastri, J.

Waterbury J.D., at Waterbury

Mukidi v. Mafuta

Husband from Africa Alleged that Parties Were Never Intimate

As a result of a paternity test that indicated that the husband was the biological father of the parties' infant, the court found that the parties had a valid marriage.

FA15-5017152
Nastri, J.

Hartford J.D., at Hartford

Brown & Welsh v. Guest

Brown & Welsh Won $24,028 for Foreclosure and Interpleader Actions

In an interpleader action filed by the former law firm of Brown & Welsh, a court relied on equitable principles to consider claims of $141,799 that various individuals and entities made and to distribute $55,223 in funds.

CV15-6059224
Peck, J.T.R.

United States District Court

Ucar v. Conn. Dep't of Transp.

Muslim Worker Failed to Allege Hostile-Work Environment

To prevail on hostile-work environment, a plaintiff must prove that discriminatory intimidation, ridicule and insult permeated his workplace and was sufficiently severe to change the conditions of his work environment.

3:14cv765
Hall, J.

United States District Court

Karazogian v. Sam's East

Job Applicant Did Not Prove Discriminatory Failure to Hire

Plaintiff did not provide evidence that defendant's nondiscriminatory business rationale constituted a pretext for discrimination on the basis of national origin, age or gender.

3:14cv1952
Eginton, J.

United States District Court

Chhum v. Anstett

'Agricultural' Exception Barred Farm Worker's FLSA Allegations

An employee who worked at a small farm was exempt from the overtime requirements in the Fair Labor Standards Act, pursuant to the agricultural exemption.

3:15cv900
Meyer, J.

United States District Court

In re Aggrenox Antitrust Litig.

Expansive Discovery Denied in Multidistrict 'Reverse Payment' Case

Expansive discovery of data relating to various other drugs as potential substitutes was not relevant in an antitrust case, because the only relevant market was the market of the particular drug and its generic equivalents.

3:14md2516
Underhill, J.

United States District Court

Bruce Kirby Inc. v. LaserPerformance

Designer of Racing Sailboat Sold its Contractual and IP Rights

A condition precedent must appear in the contract itself, as opposed to in a writing between one of the parties and a third party.

3:13cv297
Meyer, J.

United States District Court

Marzullo v. Onofrio

Driver Who Experienced Grand Mal Seizure Did Not Allege Monell Claim

Supervisory or municipal liability under 42 United States Code §1983 cannot be based on a theory of respondeat superior.

3:14cv46
Squatrito, J.

United States District Court

Fed. Ins. v. Speedboat Racing v. Rambler 100

CUTPA Violations Alleged Against Owner of Racing Yacht that Capsized

A company that leased a worldclass yacht alleged that defendant owner knew the company intended to sail in the Atlantic Ocean Racing Series and that the owner's alleged failure to disclose that the keel fin was defective was unscrupulous, risked lives and resulted in the loss of millions of dollars.

3:12cv1480
Haight, J.

Connecticut Appellate Court

Porto v. Petco Animal Supplies Stores

Mode-of-Operation Rule Did Not Apply to Puddle in Pet Store

The "mode-of-operation" rule that provided an exception to traditional notice requirements did not apply to a puddle in a pet store that allowed pets to accompany pet owners to the store.

AC 37516
Gruendel, J.

Connecticut Appellate Court

Straw Pond Assoc. v. Fitzpatrick, Mariano & Santos

Genuine Issues in Malpractice Case Against Fitzpatrick Firm

If there were genuine issues of material fact in a legal-malpractice suit, summary judgment was not appropriate.

AC 37589
Lavine, J.

Connecticut Appellate Court

Meeker v. Mahon

Lease Guarantors Not Responsible for Damages After Lease Ended

Co-signers, who agreed to joint legal responsibility for the lease and lease payments, were not responsible for damages that allegedly took place after the lease ended, and the tenants remained on the premises pursuant to a month-to-month tenancy.

AC 37841
Bear, J.

Connecticut Appellate Court

Perry v. Valerio

Complaint about Fall During Physical Therapy Sounded in MedMal

A complaint that resulted from an alleged fall during a physical therapy session sounded in medical malpractice, as opposed to ordinary negligence.

AC 38405
Keller, J.

Connecticut Appellate Court

Zilkha v. Zilkha

Vocational Expert Testified Earning Capacity Changed from $250k to $20k

To prevail on his motion to modify, a party was required to establish a substantial change in circumstances that was excusable and not brought about by his own fault.

AC 38006 and 38007
Bishop, J.

Department of Energy and Environmental Protection

In the Matter of Asnat Realty

Parties Signed Consent Order To Allow Clean-Up of PCBs

Various parties signed a consent order to allow investigation and remediation of an industrial site that contained PCBs.

13-001
Schain

Department of Energy and Environmental Protection

In the Matter of 7 Nylked Terrace

Adjacent Property Owners Sought to Construct Shared Dock

Granting the request of homeowners to build a shared dock was expected to provide the homeowners reasonable access to water with minimal effects on coastal resources, wildlife, navigation, sedimentation and erosion.

201410359
Deshais

Compensation Review Board

Clements v. Aramark Corp.

Aramark Worker Did Not Prove that Employment Caused Fainting

Allegations that the act of exiting her motor vehicle at work made claimant dizzy and caused an episode of cardiogenic syncope with a concussive head injury were insufficient to prove that the injury arose out of employment.

6034 CRB 2-15-10
Mastropietro, with Salerno and Morelli

Board of Mediation and Arbitration

Town of W. Hartford and CSEA/SEIU

Municipality Expected Employees to Work During Temporary Travel Ban

A past practice existed concerning the requirement that municipal workers use a personal leave or vacation day, if employees decided not to work during a storm, if the past practice was unequivocal, clearly enunciated and ascertainable over a reasonable period of time.

2016-A-0013
Ryan, Neary and Murphy

Board of Labor Relations

Town of N. Haven and United Pub. Serv. Emp.

Emergency Dispatchers Sought to Create their Own Bargaining Unit

Employees who could prove that "a community of interest" existed could be allowed to "carve out" their own bargaining unit to represent their interests.

4906
Low, Battey and Collins

Board of Labor Relations

Town of E. Hartford and E. Hartford Police Officers

Town Discharged Cop Again After Arbitrators Ordered Reinstatement

A municipality did not comply with an arbitration award when it discharged a police officer for conduct that arbitrators previously had concluded did not merit discharge.

4907
Bird, Low and Collins

United States Court of Appeals for the Second Circuit

Roberts v. Bennaceur

Court Properly Issued $8 Million Sanction for Discovery Violations

The district court could issue a sanction pursuant to Rule 37(b) against a party that allegedly engaged in intentional misconduct.

15-2326

United States Court of Appeals for the Second Circuit

Macdermid Printing v. Cortron

Record Breaking $64 Million Antitrust Verdict Reversed in Part

Allegations that defendant exercised market power and misled consumers to believe plaintiff's products were no longer available could be insufficient to establish an antitrust claim.

15-589-cv
Cabranes, J.

New Britain J.D., at New Britain

Simpson Constr. v. Tillona

Homeowners Proved Construction Company Violated NHCA and CUTPA

A construction company that served as a project manager infringed Connecticut General Statutes §20-417g of the New Home Construction Act and the Connecticut Unfair Trade Practices Act, because it allowed its registration to lapse during construction, and it did not provide appropriate disclosures to defendant homeowners.

CV14-6025137
Abrams, J.

Tolland J.D., at Rockville

Beltran v. Warden

Petitioner Claimed Counsel Did Not X-Examine Witness on Inconsistencies

Trial counsel did not provide ineffective assistance of counsel when he made a strategic decision to not engage in a lengthy cross-examination of a young witness.

CV14-4005776
Oliver, J.

Stamford/Norwalk J.D., at Stamford

Fischer v. Ulysses Partners

Tape of Call that was on Speaker Phone Could be Used at Deposition

A tape of a phone call that the caller knew had been placed on speaker phone could be played at a deposition, even though the caller did not know that the call was recorded.

CV15-6024901
Lee, J.

United States District Court

Kolpinski v. Rushford Ctr.

Fired Whistleblower Won Remand to Connecticut State Court

A fired whistleblower had the option to seek protection under the First Amendment of the U.S. Constitution, the Connecticut Constitution, or both.

3:15cv1267
Underhill, J.

United States District Court

United States v. Jones

Forcing Anti-Psychotic Drugs on Defendant Would be Unconstitutional

The U.S. Constitution only permitted the government to force a mentally ill defendant to take anti-psychotic drugs if defendant faced serious criminal charges, and treatment was medically appropriate, substantially unlikely to have side effects that would undermine the fairness of trial and necessary to further important government interests related to the trial.

3:15cr184
Bolden, J.

United States District Court

Sherman v. Burwell

Medicare Claimants Won Request for Certification as Class Action

A court could certify a class action, if plaintiff proved the elements of numerosity, typicality, common questions of law or fact and that representative parties would fairly and adequately protect the interests of the class.

3:15cv1468
Meyer, J.

United States District Court

Rinaldi v. Laird

Driver Who Engaged Cops in High-Speed Chase Awarded $10,000

A driver proved by a preponderance of the evidence that a police officer engaged in excessive use of force, in violation of his constitutional rights.

3:14cv91
Meyer, J.

Connecticut Appellate Court

Kobyluck Bros. v. Planning and Zoning Comm'n

Process of Crushing and Sorting Rock Qualified as 'Manufacturing'

Crushing rock and sorting it and screening it for use as construction aggregate could transform the rock sufficiently to constitute the permitted use of "manufacturing."

AC 37732
DiPentima, J.

Connecticut Appellate Court

Moye v. Comm'r of Correction

Client Alleged Trial Counsel Did Not Request Competency Hearing

An attorney who arranged for mental health evaluations of his client and who concluded that his client probably was not incompetent, although she suffered from mental illness, was not required to request a competency hearing.

AC 36851
Cremins, J.

Connecticut Supreme Court

Velecela v. All Habitat Serv.

1st Impression on Widow's Claim for Bystander Emotional Distress

The exclusivity provision of the Workers' Compensation Act applied to a widow's claim for bystander emotional distress, because the widow's injuries arose out of her husband's personal injury and death in the course of employment.

SC 19589
Espinosa, J.

Connecticut Supreme Court

Geysen v. Securitas Sec. Serv.

Employer's Sales Incentive Plan Did Not Violate Conn. Public Policy

A sales incentive contract that provided that sales commissions would be paid only if invoiced to the client before the employee was discharged did not violate public policy and was enforceable.

SC 19545
Rogers, C.J.

Connecticut Supreme Court

State v. Saturno

Tenant with Pipe Bomb Did Not Prove Violation of Article First, §7

Defendant did not prove that he or the owner of an apartment building were entitled to notice and the opportunity to be heard, before the issuance of an administrative search warrant.

SC 19602
Eveleigh, J.

Statewide Grievance Committee

Parisot v. Spector

Colebrook Lawyer Who Allegedly Violated Rule 8.4(4) Was Reprimanded

Rule 8.4(4) of the Rules of Professional Conduct barred attorneys from engaging in conduct prejudicial to the administration of justice.

15-0442
Foti, Castillo and O'Sullivan

Statewide Grievance Committee

Minto v. Richards

Lawyer Allegedly Did Not Pay Court Reporter's Invoice for 5 Months

A lawyer who allegedly did not pay a court reporter's invoice for more than five months engaged in conduct prejudicial to the administration of justice.

15-0455
Goulden, Freedman and Slossberg

Statewide Grievance Committee

Bowler v. Piels

Attorney Suffering from Serious Illness Overdrew IOLTA Account

An attorney who allegedly overdrew his IOLTA bank account violated Rule 1.15 of the Rules of Professional Conduct and Practice Book §2-27.

15-0582
O'Sullivan and Castillo

Compensation Review Board

Dahle v. Stop & Shop

'Date of Injury' Rule Required Offset for Social Security Benefits

The "date of the injury" rule provided that the law in effect as of the date of the injury would determine claimant's eligibility for workers' compensation benefits, regardless of subsequent amendments.

6035 CRB-6-15-10
Mastropietro, with Schoolcraft and Barton

United States Court of Appeals for the Second Circuit

Walker v. Lynch

Jamaican Petitioner Who Was Gay Won Remand on Torture Claims

The Convention Against Torture applied to torture committed by or acquiesced in by government actors.

15-184

New Britain J.D., at New Britain

Second Taxing Dist. of the City of Norwalk v. Town of Wilton

Town Over Assessed $9.3 Million Reservoir Land at $22.9 Million

A court could consider the sales of comparable properties when it decided the fair market value of plaintiff's property.

CV13-6027067
Aronson, J.T.R.

Hartford J.D., at Hartford

Town of Manchester v. L&J Manchester

Purpose of Easements Created Decades Ago Was Not Frustrated

A court was not persuaded that the purpose of cross easements had been frustrated as a result of changed circumstances and that the cross easements should be judicially terminated.

CV14-6052696
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Murray v. Aparicio

Apparent 1st Impression on Removal of Part of Shared Driveway's Gate

Plaintiff, when he unilaterally removed part of the gate at the end of his shared driveway, rendered the remainder of the gate essentially useless and wrongly interfered with his neighbor's right to close the gate and to protect his property.

CV12-6014866
Heller, J.

New London J.D., at New London

Ward v. Rouhana

Plaintiffs Alleged Defendants Knew Driver Abused Controlled Substances

Allegations that defendants did not conduct an adequate pre-hiring check and allowed the driver to operate a tractor-trailer although they knew, or should have known, that the driver abused controlled or illegal substances, were sufficient to state a claim for negligent hiring.

CV15-6024678
Bates, J.

Waterbury J.D., at Waterbury

Senk v. Zoning Comm'n of the City of Waterbury

Regulation for Wireless Facility Only Applied to New Buildings

A zoning commission did not abuse its discretion when it found that a zoning regulation that governed the size of wireless communications facilities applied only to new and stand-alone buildings.

CV14-6024989
Brazzel-Massaro, J.

Litchfield J.D., at Bantam (Housing Session)

Greenbaum v. Harrigan

Relative who Co-Signed Lease was Not Responsible After Lease Ended

A relative who co-signed defendants' lease did not intend to extend the guarantee beyond the term of the lease that he signed.

CV-15736
Gallagher, J.T.R.

Hartford J.D., at Hartford

Levin v. State of Conn.

Mother's Estate Lacked Valid MedMal Claim Against State of Conn.

A nonpatient third party lacked a cause of action against the State of Connecticut for medical malpractice.

CV15-6063223
Elgo, J.

Waterbury J.D., at Waterbury

Hofler v. Petersen

Pro Se Plaintiff Did Not Obtain Adequate Written Medical Opinion

A pro se medical-malpractice plaintiff was not excused from the requirement that she obtain a written medical opinion from a similar healthcare provider, and a letter that did not indicate the author's area of expertise or provide an opinion related to plaintiff's medmal claim was not adequate.

CV15-5017373
Brazzel-Massaro, J.

New London J.D., at Norwich

Henderson v. Henderson

Wife Who Loaned Husband $69,000 Awarded Alimony of $400 per Month

A court found that a wife who loaned her husband $69,000 after they separated, because she hoped that they would reconcile, was entitled to alimony of $400 per month and not entitled to enforce the signed promissory note for $69,000.

FA15-6100699
Diana, J.

New London J.D., at New London

Feraco v. A. Duie Pyle

Car Driver 25 Percent Responsible For Collision with Tractor-Trailer

A court could find a car driver 25 percent responsible for a collision with a tractor-trailer.

CV13-6017615
Bates, J.

Stamford/Norwalk J.D., G.A. #1

State v. Smith; State v. Strong; State v. Carter

Police Reasonably Suspected Defendants Intended to Steal SUVs

When the police observed unusual conduct that led them to reasonably suspect that criminal activity might be taking place, police could briefly stop the suspect and make reasonable inquiries.

CR15-0186356, CR15-0186357 and CR15-0186358
Blawie, J.

New Britain J.D., at New Britain

State v. Skinner

State Did Not Timely Commence Prosecution for Sexual Assault

The State of Connecticut was required to commence a prosecution of defendant, in connection with an alleged March 8, 2009 sexual assault, on or before March 8, 2014.

CR15-0276339
Keegan, J.

Stamford/Norwalk J.D., at Stamford

Knight v. Brog

Former Skadden Arps Lawyer To Pay Wife $13,000 per Month

A court can consider the parties' earning capacities and education when it awards unallocated alimony and child support.

FA13-4026444
Colin, J.

New London J.D., at New London

Tischer v. Taylor

Genuine Issue if Landlord Knew about Dog Owned by Tenant's Employee

Genuine issues of material fact barred a church's motion for summary judgment on a claim it controlled the property it leased to a tenant and had constructive notice that a dog with a tendency to bite was on the property.

CV15-6024237
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

Tice v. Bush

$55,740 in Damages for Malicious Prosecution Reversed

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

CV14-6023210
Povodator, J.

Hartford J.D., at Hartford

D'Attilo v. Conn. Statewide Grievance Comm.

MedMal Plaintiffs Protested Dismissal of Grievance Complaint

Plaintiffs who filed grievance complaints lacked the right to seek review of the dismissal of the grievance complainants.

CV16-6065012
Sheridan, J.

New Haven J.D., at Meriden

D.F.C. of Meriden v. Meriden Planning Comm'n

1st Impression on Exemption for Billboard with 'Public Purpose'

Connecticut General Statutes §8-2(a) permitted municipalities to exempt municipal property from zoning regulations.

CV13-6006524
Cronan, J.

Hartford J.D., at Hartford

Bawuah v. Utopia Home Care

Alleged Hot Water Injury Did Not Involve Medical Malpractice

Allegations that defendant's employee helped plaintiff shower and that plaintiff was injured because the temperature of the water was excessively high sounded in ordinary negligence, as opposed to medical malpractice, and plaintiff was not required to provide a written opinion from a similar health care provider.

CV16-6065719
Noble, J.

New Haven J.D., at New Haven

Sulpasso v. Sulpasso

Husband Who Alleged Ex-Wife Stalked Won Restraining Order

Connecticut General Statutes '46b-15 permitted a court to issue a restraining order against a former spouse, even if the spouse did not engage in "stalking" as defined by C.G.S. §53a-181d.

FA16-4068976
Shluger, J.

New Haven J.D., at New Haven

Jamison v. Jamison

Wife with Serious Illness Had Life Expectancy of Only One Year

A court could find a party in willful contempt of court, if the party willfully failed to comply with a clear and unambiguous court order.

FA05-4006337
Goodrow, J.

New London J.D., at Waterford

In re Samuel

Stepfather Allegedly Threw Baby, Flicked its Penis and Pinched it

A court could terminate the rights of biological parents, as a result of alleged sexual assault, risk of injury to a minor and predictive neglect.

K09-CP14-013826
Driscoll, J.

New Haven J.D., at Meriden

Duran v. Duran

Former Air Industries CEO Proved Substantial Change in Circumstances

A court could find a substantial change in circumstances, as a result of the husband's loss of high-level employment.

FA10-4013910
Klatt, J.

Waterbury J.D., at Waterbury

Hurley v. Naugatuck Bd. of Educ.

Administrative Remedies for Constructive Discharge Not Exhausted

Plaintiff's constructive discharge claim did not arise until after plaintiff filed a complaint with the Connecticut Commission on Human Rights and Opportunities.

CV15-6029009
Roraback, J.

Stamford/Norwalk J.D., at Stamford

Michel v. Malloy

Newly Enrolled Candidate Was Not Eligible to Act as a Circulator

A citizen could be required to wait 90 days after he changed his party affiliation, prior to acting as a circulator who collected signatures.

CV16-5015771
Lee, J.

New Britain J.D., at New Britain, G.A. 15

State v. Gula

Adjunct University Prof Won Motion to Suppress Confession

A court could suppress a confession made by an adjunct university professor who received an unequivocal promise from law enforcement that he would not be arrested.

CR15-0279666
Moll, J.

Fairfield J.D., at Bridgeport

Conn. Amusement v. Sunstar Vending

Jukebox Company Did Not Prove Wrongful Interference

To prevail on a claim for wrongful interference with business relationships, plaintiffs were required to prove that defendant knew that plaintiffs had a contractual relationship with a customer.

CV14-6040375
Thim, J.T.R.

New Haven J.D., at New Haven

Eder v. Reid

Litigant Won Protective Order to Prevent Second Deposition

Defendants might not be entitled to conduct a second deposition, to obtain an update about any changes to plaintiff's medical condition.

CV13-6041461
Wilson, J.

United States District Court

Norman v. Bayer

Customer Did Not Adequately Allege Manufacturing Defect

To allege a manufacturing defect claim in connection with a Class III medical device, a plaintiff must allege that a manufacturer did not make the device pursuant to FDA specifications.

3:16cv243
Meyer, J.

United States District Court

Angione v. Sikorsky Aircraft

Long-Time Temporary Worker Did Not Prove Age Discrimination

An at-will, temporary worker who allegedly violated his employer's computer policy when he used a company computer to conduct personal business might not possess a viable cause of action for discharge on the basis of age discrimination.

3:14cv1049
Bryant, J.

United States District Court

United States v. Barneys

Lawyer Defendant Moved to Sever Case from Co-Defendant

A court could grant a motion to sever, if a serious risk existed that a joint trial could compromise a specific trial right of one of the defendants or prevent the jury from making a reliable judgment about guilty or innocence.

3:16cr29
Shea, J.

United States District Court

Singer v. The Priceline Grp.

'Name Your Own Price' Customer Did Not Prove Breach of Contract

A court dismissed a "name your own price" customer's claim that he was unaware until he arrived at a hotel that he would be required to pay a mandatory "resort fee."

3:15cv1090
Bolden, J.

United States District Court

Jusino v. Frayne

Inmate who Swallowed Batteries Alleged Deliberate Indifference

Allegations that plaintiff inmate's requests for medical treatment were ignored, although plaintiff made several suicide attempts, were sufficient to state a claim for deliberate indifference to a serious medical need.

3:16cv961
Shea, J.

Connecticut Appellate Court

A Better Way Wholesale Autos v. Comm'r of Motor Vehicles

Car Dealership Won Reversal of Claim it Violated C.G.S. §14-54(a)

Connecticut General Statutes §14-54(a) required that automobile dealers that wished to obtain a license to deal in motor vehicles obtain a certificate of approval from local officials and present that certificate to the commissioner of the Department of Motor Vehicles.

AC 37402
Agati, J.

Connecticut Appellate Court

Holdmeyer v. Thomas

Landlord Decided to Evict Tenant who Complained about Bed Bugs

A presumption of retaliatory eviction existed, if a landlord commenced a summary-process action within six months of the date that the tenant made a complaint to the health district about bed bugs.

AC 37344
Beach, J.

Connecticut Appellate Court

Ill v. Manzo-Ill

P.B. §14-3 Allowed Court to Dismiss for Failure to Prosecute Diligently

Practice Book §14-3 permitted a court to dismiss a motion to modify alimony, if the motion was not prosecuted with reasonable diligence.

AC 37070
Keller, J.

Connecticut Appellate Court

Astoria Fed. Mort. v. Genesis

Apparent First Impression on Foreclosure of Mechanic's Lien

The assignment of a mechanic's lien need not be recorded, for the assignee to possess standing to foreclose the mechanic's lien.

AC 37754
Keller, J.

Connecticut Supreme Court

In re Egypt

Order Not Entered Properly in Case of Child with Six Broken Bones

In a termination of parental rights case, failure to provide proper notice to the biological parents could affect their right to due process of law and require remand.

SC 19643 and 19644
Eveleigh, J.

State Elections Enforcement Commission

Complaint by: Wyatt-Giesing

First Impression on Appointments of Registrars of Voters in New London

Connecticut General Statutes §9-192 provided that unless "otherwise provided . . . in the absence of either registrar of voters, his deputy . . . shall have all the powers conferred, and may perform any of the duties imposed, upon such registrar."

2015-092
Castagno, Chair

Freedom of Information Commission

Zhdanov v. Pres., Univ. of Conn.

Attorney-Client Privilege Did Not Protect Certain Emails

The attorney-client privilege covered communications transmitted in confidence between a public agency client and a government attorney.

FIC 2015-773
Freedom of Information Commission

Freedom of Information Commission

Mendieta v. Schriro

Cheshire Inmate Requested Waiver of Statutory Copying Fee

The fee waiver provision for indigent individuals in Connecticut General Statutes §1-212(d)(1) did not apply to an $8 fee charged by the commissioner of public safety for motor-vehicle accident and investigative reports.

FIC 2015-628
Freedom of Information Commission

Board of Mediation and Arbitration

Bridgeport Housing Auth. and AFSCME, Council 4, Local 1303-430

Arbitrators Reduced Accountant's Discharge to Five-Month Suspension

Arbitrators could enforce a collective bargaining contract that required that the employer administer discipline in a progressive manner.

2016-A-0144
Diaz, Shea and Johnson

United States Court of Appeals for the Second Circuit

Steginsky v. Xcelera

Named Plaintiff's Claims Were Not Typical of those of the Class

A court could deny a motion for class certification, if the named plaintiff's claims were not typical of those of the class.

15-1885-cv

Hartford J.D., at Hartford

Johnston v. Carriage House I - Enfield Assoc.

Unit Owners Alleged Condo Association Issued Too Many Orders

Allegations that a condo association issued too many cease-and-desist orders against unit owners were insufficient to state claims for private nuisance, false imprisonment or emotional distress.

CV15-6058599
Dubay, J.

Hartford J.D., at Hartford

Landmark Development Group v. East Lyme Water & Sewer Comm'n

Plaintiffs' Project Was Barred by Board's Allocation of Sewer Capacity

A sewer commission was required to consider the demands of plaintiffs' project and the effect on remaining sewer capacity when it allocated sewer capacity.

CV15-6056637
Cohn, J.T.R.

New London J.D., at New London

Nicasia v. Mickens

Mother of Victim Cannot Prevail on Bystander Emotional-Distress Claim

Plaintiff mother failed to allege emotional distress so severe that no reasonable individual could have been expected to endure it and that was medically significant, as required to prevail on a claim for bystander emotional distress.

CV14-6022088
Vacchelli, J.

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

Seaview Cove v. Planning and Zoning Bd.

Board Denied Affordable Housing Request without Explaining Rationale

Generally, municipal boards that vote against affordable housing were required to explain the specific public interests in health, safety or other matters that were more important than the need for affordable housing.

CV16-6065739
Berger, J.

Hartford J.D., at Hartford

OneBeacon Am. Ins. v. Hanover Ins.

Unambiguous 'Act of Malice' Exclusion Barred Insurance Coverage

An "act of malice" exclusion was clear and ambiguous, even though the exclusion appeared in an endorsement to the insurance policy.

CV15-6057541
Noble, J.

New Haven J.D., at New Haven

Nolen-Hoeksema v. Maquet Cardiopulmonary

Oxygenator Did Not Qualify as 'Implant' under Biomaterials Act

A blood oxygenator device that functioned in conjunction with several other apparatuses and that was not directly inserted into the patient's body did not qualify as an "implant."

CV14-6049888
Frechette, J.

Stamford/Norwalk J.D., at Stamford

Stephan v. Stephan

Husband Who Once Earned $500,000 per Year Requested Alimony

A court could find that a party with "significant vocational skills" and demonstrated earning capacity was not entitled to alimony.

FA15-6024498
Colin, J.

New London J.D., at Norwich

Santacroce v. Santacroce

Wife Who Earned More Was Not Required to Pay Child Support

A court could depart from child support guidelines based on shared parenting, incomes that were substantially similar and the best interests of the minor child.

FA16-6101106
Connors, J.

Stamford/Norwalk J.D., at Stamford

Hoskinson v. Hoskinson

Wife of Colbert Show Producer Not Entitled to Modification of Alimony

A party who proved a substantial change in circumstance could be entitled to a modification of alimony.

FA10-4019463
Colins, J.

Hartford J.D., at Hartford

Harmon v. Univ. of Conn. Health Ctr.

African-American Dentist Did Not Prove that She Was Qualified

To establish a prima facie case of race discrimination, plaintiff was required to prove: (1) she belonged to a protected class; (2) she was qualified; and (3) she suffered an adverse employment action in circumstances that led to an inference of discriminatory animus.

CV13-6045781
Elgo, J.

Fairfield J.D., at Bridgeport

Pettway v. Thomas

Plaintiff Not Entitled to Non-Economic Damages for Motor-Vehicle Accident

A plaintiff who was injured in a motor-vehicle accident might not be entitled to non-economic damages, for pain and suffering.

CV14-6045405
Kamp, J.

Fairfield J.D., at Bridgeport

Bochicchio v. Lloyd's Taxi of Darien

New Owner of Norwalk Yellow Cab Requested Indemnity from Prior Owner

A previous owner might not be responsible for claims that the new owner manipulated the company to deplete it of resources.

CV15-6048126
Wenzel, J.

New Haven J.D., at New Haven

MDB Beauty v. Serio

Plaintiff who Alleged Breach of Contract Won $2,500 Attorney Fee

A plaintiff who filed a suit in small claims court could be entitled to attorney fees, if defendant transferred the case to the regular docket.

CV15-5036331
Zoarski, J.T.R.

Stamford/Norwalk J.D., at Stamford

Conn v. Wavecrest Prop.

Attorney Fees Reduced 10 Percent as Result of 'Excessive Staffing'

A court could reduce an attorney fee award, because junior attorneys who billed at lower rates were not utilized.

CV13-6019940
Lee, J.

United States District Court

Principal Nat'l Life Ins. v. Coassin

Misrepresentations in Application for $10 Million Policy Were Not Material

A life insurance policy could be rescinded, if the applicant knowingly made a misrepresentation that was "material" to the insurance company's decision to insure.

3:13cv1520
Arterton, J.

United States District Court

United States v. Ahuja

Government Alleged Dr. Dispensed Controlled Substances to Relatives

The government adequately alleged that a doctor who allegedly dispensed controlled substances to family members and answered investigators' questions inconsistently and inaccurately violated the Controlled Substances Act.

3:14cv1558
Hall, J.

United States District Court

Morales v. Weiss

Undocumented Alien Immigrant from Guatemala Sued Cops and Prosecutors

A prosecutor who engaged in administrative duties that were directly connected to the conduct of a trial was entitled to absolute immunity.

3:11cv1204
Eginton, J.

United States District Court

Vale v. City of New Haven

Supervisor Allegedly Called Female, 44-Year-Old Police Recruit 'Grandma'

Allegations that a training supervisor repeatedly called a female, 44-year-old police recruit "grandma" and "motherly" were sufficient to create a genuine issue of material fact on the recruit's claim that she was discharged as a result of age discrimination.

3:11cv632
Haight, J.

United States District Court

Grenier v. Stamford Hosp.

Court Recognized Federal Peer Review Privilege in EMTALA Case

The medical peer review privilege should apply in an EMTALA, or Emergency Medical Treatment and Active Labor Act, case.

3:14cv970
Bryant, J.

United States District Court

Davis v. Falcone

Inmate Alleged Lack of Dental Care for 8 Months Violated 8th Amendment

Allegations that plaintiff prisoner's mouth hurt so much that for eight months he woke up at night because of pain could be sufficient to state a claim for deliberate indifference to a serious medical need.

3:16cv1117
Meyer, J.

United States District Court

Miller v. Sutton

Suit Against Disciplinary Counsel Dismissed Pursuant to Younger

A court abstained from making a decision on an African-American attorney's claims that Connecticut's chief disciplinary counsel, Karyl Carrasquilla, and bar counsel for the Statewide Grievance Committee, Michael Bowler, violated her rights under the Equal Protection Clause and the Due Process Clause.

3:15cv1111
Shea, J.

United States District Court

Murray v. Miron

Plaintiff Who Did Not Provide Damages Computation to Pay $525

A plaintiff who failed to provide a damages analysis that complied with Fed. R. Civ. P. 26(a)(1) could be ordered to pay attorney fees.

3:11cv629
Margolis, J.

Connecticut Appellate Court

Keller v. Keller

Attorney Fees Awarded under Bad-Faith Exception to American Rule

A wife who allegedly entered the former marital residence and stole the husband's computer hard drive, personal items and garbage, in violation of court orders, could be ordered to pay attorney fees.

AC 37263 and AC 37560
Mihalakos, J.

Connecticut Appellate Court

Sys. Pros v. Kasica

President Failed to Substantiate Claim for $467,785 for Loss of Wages

The trial court wrongly awarded $467,785 for loss of wages after defendant vice president allegedly locked out plaintiff president.

AC 37105
Gruendel, J

Connecticut Appellate Court

Cornelius v. Rosario

Motion for Attorney Fees was Not Filed Timely, within 30 Days

Practice Book §11-21 provided that motions for attorney fees were to be filed with the trial court within 30 days of the date on which the final judgment of the trial court was issued.

AC 37210
DiPentima, C.J.

Connecticut Supreme Court

Shannon v. Comm'r of Housing

Regulation that Barred Housing Assistance Was Not Retroactive

Application of the 2012 law that provided that most individuals on the sex offender registry were ineligible for housing assistance was retroactive in connection with a blind individual who received housing assistance since 2009.

SC 19562
Robinson, J.

Freedom of Information Commission

Karagozian v. Bd. of Exam'r for Opticians

Citizen Not Entitled to Copy of Tape that Chair Recorded on Own Recorder

If the chair of a public agency used his own tape recorder to tape a meeting, a member of the public might not be entitled to a copy of the tape.

FIC 2015-743
Freedom of Information Commission

Freedom of Information Commission

Dumas v. Harkins

Municipal Defendant Did Not Comply with Promptness Requirement

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

FIC 2015-599
Freedom of Information Commission

Freedom of Information Commission

Bielik v. Cullen

Board Convened in Executive Session to Discuss Selling Elementary School

Connecticut General Statutes §1-200(6) permitted a board to convene in executive session to discuss the sale of real estate, if discussion in an open session might adversely affect the price.

FIC 2015-772
Freedom of Information Commission

Compensation Review Board

Singh v. CVS

Diabetic Worker Injured Great Toe when He Unloaded Delivery Truck

A workers' compensation claimant possessed the burden to prove total disability as a result of a work-related injury.

6038 CRB 7-15-10
Mastropietro, with Walker and Salerno

Board of Mediation and Arbitration

Hartford Housing Auth. and AFSCME, Council 4, Local 1161

Worker Who Arrived Early Received One Hour of Overtime Pay

A collective bargaining contract could provide that a worker who arrived early, prior to his regular work shift, was entitled to overtime pay.

2016-A-0033
Celentano, Esq.

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 4, Local 1361

Board Wrongly Ordered Cop to Obtain a Third Doctor's Opinion

The successor collective bargaining contract was in effect when a pension board considered a disabled police officer's request for disability benefits.

2016-A-0192
Pittocco, Brown and Lipton

United States Court of Appeals for the Second Circuit

Carter v. Brennan

Post Office Employee Did Not Timely Exhaust Administrative Remedies

A post office employee who alleged that he was subjected to age discrimination was required to file a claim with the Equal Employment Opportunity Commission within 45 days of discharge to exhaust administrative remedies.

15-1837-cv

New Britain J.D., at New Britain

Zak-Rejinak v. Rejniak

Child Allegedly Distributed Mother's Property Prior to Death

To prevail on an unjust enrichment claim, plaintiff was required to prove: (1) defendants were benefitted; (2) defendants unjustly did not pay plaintiff for the benefit; and (3) defendants' failure to pay harmed plaintiff.

CV15-6029937
Swienton, J.

New Britain J.D., at New Britain

BKR v. Town of Rocky Hill

Town Did Not Correctly Compute Size of West Side Marketplace Store

A court could find that a municipality did not correctly compute the gross leasing area of a grocery store when it reached a decision about fair market value.

CV14-6025202
Aronson, J.T.R.

Waterbury J.D., at Waterbury

Bilotto v. Dudzikowski

Tenant Not Responsible for Police Officer's Slip and Fall

A tenant who contacted police might not be legally responsible, if a police officer who responded slipped and fell on "green slime," because the tenant lacked possession and control of the exterior of the premises.

CV14-6023023
Roraback, J.

Hartford J.D., at Hartford

Schnaars v. Subramaniam

Dr. Was Qualified to Opine about 10-Hour Delay in Treating Appendicitis

A court could dismiss a medical-malpractice complaint that did not include a written opinion from a "similar health care provider," pursuant to Connecticut General Statutes §52-190a.

CV15-6062006
Dubay, J.

Stamford/Norwalk J.D., at Stamford

Clark v. Clark

Former Wife Refused to Sign 'Making Home Affordable' Form

A former wife's refusal to sign a "making home affordable program" form did not constitute interference with the husband's attempt to sell the former marital residence.

FA06-4009453
Jacobs, J.

Fairfield J.D., at Bridgeport

Lopez v. City of Bridgeport

Mother Alleged Special Ed Child Was Sexually Attacked by Classmate

An individual who was an identifiable person subject to imminent harm could qualify for an exception to government immunity.

CV15-6051932
Bellis, J.

Hartford J.D., at Hartford

State v. Brown

Sentence of 55 Years for Shooting Victim of Robbery Affirmed

An individual who allegedly shot and killed a defenseless victim, who made an attempt to run away during a robbery, could be sentenced to 55 years in prison.

CR05-691418
Fischer, J., Alexander, J. and Ginocchio, J.

Ansonia/Milford J.D., at Milford

State v. Bristol

Five Years for Second-Degree Assault with Pickup Truck Affirmed

An individual who allegedly drove a pickup truck under the influence and collided with a motorcyclist could be sentenced to five years in prison.

CR14-87842
Kahn, J., Alexander, J., and Ginocchio, J.

Fairfield J.D., at Bridgeport

DeMattia v. Bank of Am.

Borrower Adequately Alleged Bank of America Violated CUTPA

Allegations that defendant financial institution breached its contracts, engaged in fraudulent misrepresentation and violated the Creditors' Collection Practices Act were sufficient to state an unfair trade practices claim.

CV14-6041948
Wenzel, J.

United States District Court

Huerta v. Haughwout

FAA Could Enforce Subpoenas Against Alleged Maker of YouTube Drone Video

To enforce an administrative subpoena, an agency must establish: (1) its investigation was conducted pursuant to a legitimate purpose; (2) information that the agency requested was relevant to that legitimate purpose; (3) the agency did not already possess the information requested; and (4) the agency followed necessary administrative steps, in issuing the subpoena.

3:16cv358
Meyer, J.

United States District Court

LaFountain v. Smith ' Nephew

Allegedly, Hip Replacement Parts Corroded and Released Metal Debris

The Medical Device Amendments expressly pre-empted state common-law tort claims, to the extent that they imposed a standard different from, or in addition to, federal requirements, and to the extent that they related to the safety and effectiveness of Class III medical devices.

3:14cv1598
Eginton, J.

United States District Court

Edwards v. Stewart

Suit Against Hamden Police Alleged Emotional Distress, Tortious Conduct

Allegations of emotional distress and tortious conduct were insufficient to allege a federal cause of action.

3:15cv1257
Haight, J.

United States District Court

Pettengill v. Fireman's Fund Ins.

Insurer Entitled to $600,000 Set Off for Payment to Mortgagee

If a mortgagee sought and obtained reimbursement from an insurer for a loss pursuant to an insurance policy, the insured might not be entitled to a double recovery under the policy.

3:13cv154
Eginton, J.

Connecticut Appellate Court

Amica Mut. Ins. v. Muldowney

Tenants Left Property in Winter without Enough Oil for Furnace

If the lease was silent about the possibility of subrogation, a property insurer could be barred from recovering from tenants for damages that they allegedly caused.

AC 37721
Beach, J.

Connecticut Appellate Court

Mensah v. Mensah

Length of Marriage Did Not Merit Automatic Award of Alimony

The trial court could consider the length of the marriage, the causes of dissolution, and the age, health, stations, occupations, amounts and sources of income, vocational skills, employability, estate and needs of the parties when it decided whether to award alimony.

AC 37412
Beach, J.

Connecticut Appellate Court

Fiona v. Kevin

Alleged Threat to Slit Throat Was Insufficient to Prove Stalking

Proof of second-degree stalking required the applicant to establish: (1) defendant acted knowingly; (2) defendant engaged in a course of conduct directed at the victim; and (3) that conduct would cause a reasonable individual to fear for physical safety, pursuant to Connecticut General Statutes §53a-181d.

AC 38495
DiPentima, J.

Connecticut Appellate Court

Computer Reporting Serv. v. Lovejoy and Assoc.

Lawyer Not Individually Responsible to Pay for Court Reporter's Services

A lawyer acted as the agent of his law firm when he sent deposition notices to a court reporter, to request that the court reporter attend the deposition.

AC 37257
Prescott, J.

Connecticut Appellate Court

Bloch v. Ullman

Pro Se Who Sued Attorneys Did Not File Timely Recognizance Bond

A pro se plaintiff was required to file a recognizance bond when he returned the summons and complaint to court.

AC 37847
Lavine, J.

Connecticut Supreme Court

Gershuny v. Gershuny

Legislature Recognized Marriages Performed by Fake New York 'Rabbi'

Because the New York legislature recognized the parties' marriage as valid, even though the individual who performed it was not actually authorized to perform marriages in New York, the marriage was also valid in Connecticut, pursuant to the Full Faith and Credit Clause of the United States Constitution.

SC 19647
Per Curiam

Connecticut Supreme Court

State v. Arias

Office Manager Sought to Suppress Statement at Police Station

To establish he was entitled to a Miranda warning, defendant was required to prove he was subjected to police questioning when he was held in custody.

SC 19587
Vertefeuille, J.

Connecticut Supreme Court

State v. Perez

Mayor Wanted to Testify in One of Two Cases that Were Tried Together

Prejudice could develop, when two unrelated criminal cases against one defendant were tried together, and the defendant decided to testify in only one of the two, because juries tended to become suspicious of defendants who choose to testify selectively in one case and remain silent in another.

SC 19285
Palmer, J.

Connecticut Supreme Court

Webb v. Comm'r of Correction

Convicted Murderer Daniel Webb Won Reversal of Death Penalty

The legislature's enactment of Public Act 12-5 made the death penalty unconstitutional, as it applied to an individual sentenced to death for a capital felony committed prior to the effective date of Public Act 12-5.

SC 18857
Per Curiam

Connecticut Supreme Court

Comm'n on Human Rights and Opportunities v. Echo Hose Ambulance

African-American Volunteer Did Not Qualify as 'Employee'

Title VII and the Connecticut Fair Employment Practices Act, which protect employees from discrimination, did not apply to an unpaid volunteer.

SC 19496
McDonald, J.

State Elections Enforcement Commission

Complaint by: Godbout

Complainant Did Not Prove that Respondents Violated 75-Foot Rule

The 75-foot rule, which prohibited electioneering within 75 feet of the "outside entrance" of a polling place, applied only to entrance doors.

2015-161
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Davis

No Proof Selectman Used Public Funds to Write Letter Against Referendum

Generally, "no expenditure of state or municipal funds shall be made to influence any person to vote for approval or disapproval" of any referendum question, pursuant to Connecticut General Statutes §9-369b.

2016-036
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Bushior

Certificate of Party Endorsement Had Candidate's Faxed Signature

Connecticut General Statutes §9-391 required that a candidate sign the town committee's certificate of party endorsement.

2016-007
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Arras

First Selectman Removed 'Please Vote No' Signs Before Referendum

Generally, municipal funds cannot be spent to advocate approval or disapproval of a municipal budget referendum, pursuant to Connecticut General Statutes §9-369(b).

2016-003
Castagno, Chair

Freedom of Information Commission

Tanner v. Maniago

Prisoner Did Not Prove that Torrington Police Withheld Records

The Freedom of Information Commission could impose penalties, if police department respondents did not obey orders to disclose records in a prior decision.

FIC 2015-666
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Arzuaga v. Pafumi

Conn. District Court Wrongly Revoked Inmate's IFP Status

The in forma pauperis statute did not include an obligation to update an affidavit, if the prisoner received funds, or require that the inmate spend all funds subsequently received on court fees.

15-1112-cv

Compensation Review Board

DeOliveira v. Florenee Cleaning

Motor-Vehicle Accident En Route to Work Was Compensable

A worker who was injured in a motor vehicle driven by her employer en route to the first work assignment of the day was injured in the course of employment.

6024 CRB-4-15-8
Mastropietro, with Walker and Salerno

Commission on Human Rights and Opportunities

Comm'n on Human Rights and Opportunities ex rel. Weinz v. Bill Selig Jewelers

Diabetic Jeweler Did Not Prove Employer of 17 Years Discriminated

Stray remarks of a decision maker, without more, may be insufficient to prove employment discrimination.

1110081
Wright, Presiding Human Rights Referee

United States Court of Appeals for the Second Circuit

United States v. Faux

Defendant Who Was Interrogated Was Not in Government's Custody

Generally, statements made during a custodial interrogation were not admissible, unless the suspect was informed about his rights.

15-1282-cr
Jacbos, J.

New Haven J.D., at New Haven

Robinson v. Carr

Real Estate Broker Alleged that Plaintiff Signed General Release

A real-estate broker was allowed to file special defenses, to inform the court, counsel and parties of the issues to be tried.

CV14-6048389
Wilson, J.

Hartford J.D., at Hartford

Narvaez v. La Fonda Bar-Rest.

Alleged Assailants Were Not Identified in Dram Shop Act Suit

A complaint that indicated the date, time and location of the alleged sale of alcohol met the requirements of the Dram Shop Act.

CV15-6063785
Noble, J.

New Haven J.D., at New Haven

Haynes v. Campbell

Landowners Lacked Duty of Care to Passerby Allegedly Bitten by Dog

Landowners may not owe a duty of care to a passerby who allegedly was bitten by a tenants' dog when walking in front of the property.

CV15-6051503
Fischer, J.

New Haven J.D., at New Haven

Azzaro v. Westbrook

Tree Trimmer who Allegedly Fell Was an Independent Contractor

A homeowner may not owe a duty of care to an independent contractor.

CV15-6052990
Blue, J.

Middlesex J.D., at Middletown

Keyes v. LaFlamme

Driver Adequately Alleged Contributory Recklessness

Contributory recklessness could constitute a special defense to allegations of negligence.

CV15-6014594
Aurigemma, J.

Waterbury J.D., at Waterbury

Feingold v. Watermark/Alsa

Nursing Home Resident who Fell Did Not Obtain Written Opinion

Allegations in a complaint sounded in medical malpractice, if the alleged negligence was substantially related to medical diagnosis or treatment and involved the exercise of medical judgment.

CV15-6026978
Brazzel-Massaro, J.

Waterbury J.D., at Waterbury

Olsen v. Olsen

Request to Incarcerate Ex-Husband, who Was in Contempt of Court, Denied

An individual who was found in contempt of court could be fined or imprisoned.

FA15-5017178
Nastri, J.

Hartford J.D., at Hartford

In re Jeremiah M-R

Kids Allegedly Observed Father Engage in Domestic Violence

A court could open and modify custody, if the Department of Children and Families proved, by a fair preponderance of the evidence, that modification was in the best interests of the minor children.

CP14-015514-A and CP14-015515-A
Gilligan, J.T.R.

Fairfield J.D., at Bridgeport

Daley v. J.B. Hunt Transport

African-American Alleged Prima Facie Case of Disparate Treatment

To prove a prima facie case of employment discrimination, plaintiff was required to establish he belonged to a protected class, he was qualified, and he suffered an adverse employment action in circumstances that led to an inference of discrimination.

CV13-6039686
Wenzel, J.

Fairfield J.D., at Bridgeport

State v. McAlister

Teen Imprisoned for 1963 Murder Committed More Crimes

Incarcerating an individual to life in prison for a crime committed when a minor could unconstitutionally deprive that individual of the opportunity to prove that he matured and should be released.

CR64-15765 and CR64-15711
Devlin, J.

New Britain J.D., at New Britain

State v. Labarge

65 Years for Brutal Murder with Baseball Bat and Knife Affirmed

An individual could be sentenced to decades in prison for murder and tampering with evidence.

CR09-43032
Fischer, J., Alexander, J., and Ginocchio, J.

Fairfield J.D., at Bridgeport

Jimenez-Arias v. Seyal

Contractor Did Not Comply with Home Improvement Act

A home improvement contract was not valid or enforceable against an owner, unless the contract was signed by the owner and the home improvement contractor, pursuant to Connecticut General Statutes §20-429.

CV15-5031015
Rush, J.T.R.

Hartford J.D., at Hartford

Giuliano v. Porsche Cars N. Am.

Plaintiff Failed to Prove that 2014 Porsche Cayenne Engine Malfunctioned

A court could vacate an arbitration award, pursuant to Connecticut General Statutes §42-181(c)(4), if plaintiff proved that the arbitrator exceeded his powers or so imperfectly executed them that a mutual, final and definite award was not made.

CV16-6065009
Dubay, J.

Hartford J.D., at Hartford

State v. Sebben

Defendant Alleged Claims for Costs of Prison Violated Equal Protection

A criminal defendant's motion to dismiss could be used to address lack of jurisdiction over the subject matter, lack of jurisdiction over the person or insufficiency of process.

CV15-5039364
Epstein, J.

United States District Court

Drimal v. Makol

Agents who Conducted Wire Tap Not Entitled to Qualified Immunity

Connecticut General Statutes §52-570d provided a safe harbor to law enforcement agents acting in the course of their duties.

3:12cv717
Eginton, J.

United States District Court

Beyer v. Anchor Insulation

Plaintiffs Missed Deadline for Addition to Expert Report

The proper ground to add to a medical expert's report was if the expert subsequently discovered information that previously was unknown or not available.

3:13cv1576
Margolis, J.

United States District Court

Poitras v. ConnectiCare

Employer Discharged Worker who Posted Pictures of Herself Dancing

To prevail on an FMLA retaliation claim, plaintiff was required to prove: (1) she exercised rights protected under the FMLA; (2) she was qualified; and (3) she suffered an adverse employment action under circumstances that led to an inference of retaliatory intent.

3:14cv981
Bolden, J.

United States District Court

Cadena v. A-E Contracting

Defendant in FLSA Case Ordered to Pay Reasonable Attorney Fees

A court could order the payment of reasonable attorney fees as a sanction against a defendant who was in contempt of court.

3:08cv574
FitzSimmons, J.

Connecticut Supreme Court

Raymond's Auto Repair v. Comm'r of Motor Vehicles

Towing Company Overcharged Consumer for Use of 1140 Rotator Truck

Services of a towing company prior to the actual towing were integral to the towing and properly were included in the amount charged to a customer for towing.

SC 19454
Zarella, J.

Connecticut Supreme Court

Modzelewski's Towing and Recovery v. Comm'r of Motor Vehicles

Federal Law Did Not Pre-Empt State Regulation of Pre-Towing Fees

State law regulating the fees charged for pre-towing were not pre-empted by federal law in 49 United States Code §14501(c)(1).

SC 19453
Zarella, J.

Connecticut Supreme Court

State v. Connor

State Lacked Opportunity to Be Heard on Dispositive Issue

Parties were entitled to notice that a court intended to consider an issue, so that they could review the record, conduct research and prepare a response.

SC 19421
McDonald, J.

Statewide Grievance Committee

New London J.D. Grievance Panel v. Leary

New London Attorney Admitted Contacting Prospective Clients

An attorney who allegedly contacted prospective clients could violate Rule 7.3 of the Rules of Professional Conduct.

15-0695
Riccio, Gill and Sullivan

Statewide Grievance Committee

Harris v. Lipsky

Personal-Injury Client Allegedly Did Not Receive Settlement Funds

A plaintiff's attorney who allegedly was not diligent and allowed his client's case to be dismissed could engage in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4).

15-0516
Koffsky, Sansone and Sheridan

Statewide Grievance Committee

Hankerson v. Vickery

Convicted Felon Alleged Appellate Attorney Did Not Keep Him Informed

An attorney who was not diligent and did not communicate adequately could violate Rules 1.3 and 1.4 of the Rules of Professional Conduct.

15-0517
Goulden and Slossberg

Statewide Grievance Committee

Dore v. Giacomi

Waterbury Attorney to Take Legal Education Course on Legal Ethics

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

15-0383
Riccio and Gill

State Elections Enforcement Commission

Complaint by: Pivirotto

Issue of Apparent 1st Impression on Order of Candidates on Ballot

Connecticut General Statutes §9-437(d) provided that the slate of candidates who filed a petition first could appear first on the ballot.

2016-006
Castagno, Chair

New Haven J.D., at New Haven

Gaetano v. Pluchino

Parties Who Ended Relationship to Sell and to Divide Net Proceeds

A court could partition a property that was owned jointly by two parties.

CV15-6053139
Burke, J.

Fairfield J.D., at Bridgeport

Kunschaft v. Kunschaft

Ex-Husband Proved Change in Finances as Result of Cohabitation

To prove that cohabitation changed his former wife's finances, a husband was not required to prove a substantial change in finances, only a clear change.

FA10-4032600
Adelman, J.T.R.

Stamford/Norwalk J.D., at Stamford

Keusch v. Keusch

Mother of Three Kids Awarded $12,500 per Month and Residence

A court could consider the parties' jobs, health, assets and sources of income when it awarded alimony and child support.

FA14-4026981
Tindill, J.

New Haven J.D., at New Haven

Kaf v. Soliman

Husband who Allegedly Was Sexually Abusive at Greater Fault

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

FA14-4062659
Shluger, J.

New London J.D., at Norwich

Brown v. Brown

Husband in Willful Contempt for Failure to Pay College Tuition

A party's inability to obey an order could provide a good defense to a claim of contempt of court.

FA06-4104682
Hadden, J.

New London J.D., at New London

Rice v. Ryders Health Mgmt

Worker Prevailed on Wrongful Discharge and Emotional Distress

A court could reduce attorney fees as a result of partial success.

CV11-6008602 and CV13-6016915
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

O'Hara v. O'Hara

Litigant Ordered to Request Permission, Prior to Filing Motions

A court possessed the discretion to require that a litigant request permission, prior to filing a motion.

FA04-4001078
Jacobs, J.

Stamford/Norwalk J.D., at Stamford

R&W Staffing v. O'Hara

Staffing Company Alleged it Was Entitled to Conversion Fee

A company that provided temporary workers to individuals and companies could be entitled to a conversion fee, if the individual or company proceeded to hire the temporary worker as a permanent worker.

CV14-6023282
Adams, J.T.R.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. TD Bank

Plaintiff Alleged TD Bank Deprived it of Pick-Up Fees

Conduct that defied the reasonable expectations of the parties and deprived one party of the expected benefit of a bargain could violate the covenant of good faith and fair dealing.

CV10-6007649
Moukawsher, J.

New Haven J.D., at New Haven

Bonner v. City of New Haven

Cop's Breach-of-Contract Suit Against Conn. Judge Dismissed

The word "employee" in Connecticut General Statutes §52-57(b)(7) was restricted to current employees.

CV15-6058987
Wilson, J.

United States District Court

Pelletier v. Purdue Pharma

Worker Did Not Allege Sex Discrimination Based on Stereotyping

Title VII prohibited gender stereotyping based on gender norms and societal notions about how men or women should conduct themselves.

3:15cv233
Meyer, J.

United States District Court

UCF I Trust I v. DiMenna

$23 Million PJR Granted Based in Part on Theory of Unjust Enrichment

To prevail on unjust enrichment, plaintiff was required to prove defendants were unjustly enriched, defendants did not pay for the benefit and plaintiff was harmed by the failure to pay.

3:16cv156
Bolden, J.

United States District Court

MGM Resorts Int'l v. Malloy

MGM's Equal-Protection Suit Failed to Adequately Allege Injury

Article III required that the alleged injury be concrete, particularized, actual or imminent.

3:15cv1182
Thompson, J.

United States District Court

C-Tech of New Haven v. Univ. of Conn. Health Ctr.

Minority-Owned Company Failed to State an Equal-Protection Claim

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

3:15cv1058
Bryant, J.

Connecticut Supreme Court

The Indian Spring Land Co. v. Inland Wetlands and Watercourses Agency

Inland-Wetlands Lacked Jurisdiction Over Road Construction on Forest Land

A landowner who was engaged in "farming" activities could perform them as of right and was not required to obtain inlands-wetlands approval.

SC 19591
Espinosa, J.

Connecticut Supreme Court

McKeon v. Lennon

Stock Options Wrongly Excluded from Computation of Gross Income

Exercised stock options and restricted stock that vested should be considered part of gross income, for purposes of computing child support.

SC 19470
Zarella, J.

Connecticut Supreme Court

State v. Buhl

Facebook Posts Were Sufficient to Convict on Breach of Peace

An individual could be found guilty of second-degree breach of the peace if, with "intent to cause inconvenience, annoyance or alarm," the person publicly exhibited, distributed, posted or advertised any "offensive, indecent or abusive matter concerning any person."

SC 19412 and SC 19413
Robinson, J.

Connecticut Supreme Court

State v. Drakes

Forcible Collection of DNA Did Not Violate Double Jeopardy

The due process and personal liberty guarantees in the Connecticut Constitution have been interpreted to protect against double jeopardy.

SC 19247
Espinosa, J.

Connecticut Supreme Court

State v. Banks

Expansion of DNA Data Bank Law Did Not Violate Ex Post Facto Clause

A law could violate the Ex Post Facto Clause, if the law subsequently punished as a crime an act that was innocent when committed.

SC 19246
Espinosa, J.

Freedom of Information Commission

Paulsen v. Superintendent of Sch., Bethel Public Schools

School Reasonably Charged $20 to Use Smartphone to Photo Records

The Freedom of Information Act did not permit the use of smartphones to photo public records.

FIC 2015-663
Freedom of Information Commission

Freedom of Information Commission

Franklin v. Semple

DOC's Failure to Search for Old Record Technically Violated FOIA

A Catholic services roster that might prove that an inmate did not attend Catholic services qualified as a public record.

FIC 2015-586
Freedom of Information Commission

Freedom of Information Commission

Doody v. Chief, Police Dep't, Town of N. Branford

Arrest Warrant and Police Report Were Exempt from Disclosure

Connecticut General Statutes §1-210(b)(3)(H) provided an exemption for records of law enforcement agencies not otherwise available to the public, if requested records were compiled in connection with the detection or investigation of crime.

FIC 2015-815
Freedom of Information Commission

Compensation Review Board

Allen v. Conn. Transit

Conn. Transit Driver Falsely Claimed Chest Collided with Steering Wheel

A trial commissioner could credit a claimant's testimony, even if one aspect of the claimant's testimony was clearly false.

6036 CRB-3-15-9
Mastropietro, with Walker and Morelli

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Firefighter Allegedly Refused to Cooperate During Random Drug Test

A municipality could discharge a firefighter who allegedly refused to cooperate during a random drug test.

2015-A-0533
Toomey, Podurgiel and Hampton

Board of Labor Relations

City of New Haven v. Local 3144, Council 4, AFSCME, AFL-CIO

Union Proved City Harassed and Retaliated Against Union President

"Employees shall have . . . the right . . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion," pursuant to Connecticut General Statutes §7-468(a).

4898
Battey, Collins and Low

United States Court of Appeals for the Second Circuit

United States v. Cohan

Conn. Lawyer Alleged Government Materially Breached Loan Contract

The government was entitled to use adjusted gross income from the most recent year for which it possessed income information when it computed the payment owed on a promissory note.

15-2096-cv

United States Court of Appeals for the Second Circuit

Crenshaw v. City of New Haven

Prospective Firefighter Lacked Property Interest in Conditional Offer

To prove a violation of procedural due process under 42 United States Code §1983, a plaintiff was required to prove that he possessed a protected property interest.

15-3484-cv

Freedom of Information Commission

Congdon-Marr v. Lyons

Executive Session Held to Discuss Teacher Reassignments

A meeting in executive discussion to discuss the general reassignment of employees, or the policy of reassignment of employees, could violate the Freedom of Information Act.

FIC 2015-467
Freedom of Information Commission

Hartford J.D., at Hartford

Wild v. Cocivera

Kids Alleged Tortious Interference with Inheritance

Connecticut courts recognized a cause of action for tortious interference with an expected inheritance.

CV14-6050575
Noble, J.

Waterbury J.D., at Waterbury

Wilson v. Wilson

Wife to Pay $150 per Week Toward Child's College Tuition

A court could keep jurisdiction after a divorce for purposes of future college educational support.

FA10-4021347
Nastri, J.

New Haven J.D., at New Haven

Tribus v. Tribus

Italian Dad Won Permission to Travel with Child To Italy

A court could order the parties not to remove a minor child from the State of Connecticut without a court order.

FA16-6062219
Shluger, J.

New Haven J.D., at New Haven

Owens-Emenyonu v. Emenyonu

Wife of Nigerian Immigrant Awarded $100 Per Week

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

FA15-5035758
Shluger, J.

New Haven J.D., at New Haven

Hannon v. Hannon

Wife Was Caught Instructing Man to Beat up Ex-Husband

A court could modify alimony, if a party proved that a substantial change in circumstances took place.

FA11-4046681
Goodrow, J.

New Haven J.D., at New Haven

Rajeh v. Hamden Bd. of Educ.

Eighth-Grade Student Alleged Distress from Bullies at School

The Connecticut Constitution provided that minor children were entitled to a free and public education.

CV14-6049904
Fischer, J.

New Haven J.D., at New Haven

State v. Russell

50 Years for Sexual Assault of 4-Year-Old Child Affirmed

An individual who allegedly sexually assaulted a young child could be sentenced to 50 years in prison.

CR8-83588 and CR8-87222
Fischer, J., Alexander, J., and Ginocchio, J.

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

In re Charles

Guardian's Request for Juvenile's HIV/AIDs Test Denied

A juvenile court only possessed authority to order an HIV/AIDs test in the event that certain types of sexual abuse allegedly took place.

JV16-1030001
Gilligan, J.T.R.

New Britain J.D., at New Britain

Badeau v. Comm'r of Motor Vehicles

Driver who Failed Sobriety Tests Appealed License Suspension

A hearing officer could suspend the driver's license of an individual who allegedly drove while intoxicated and require the individual to maintain an ignition interlock device.

CV16-6031885
Schuman, J.

Waterbury J.D., at Waterbury

Odenwaelder v. Fingold

Plaintiff Won $72,317 PJR Against Friend He Helped

To prevail on unjust enrichment, plaintiff was required to prove: (1) defendant was benefitted; (2) defendant unjustly did not pay plaintiff for the benefit; and (3) defendant's failure to pay adversely affected plaintiff.

CV16-5017696
Brazzel-Massaro, J.

United States District Court

Cope v. Wal-Mart

African-American Wal-Mart Worker who Detained Suspect Was Fired

A worker who alleged that he was discharged in violation of public policy was required to establish a causal connection between the public policy concern and the discharge.

3:15cv1523
Haight, J.

United States District Court

Swinton v. Wright

Inmate Alleged Deliberate Indifference to Medical Need

Food allergies could constitute a serious medical need, if they prevented an inmate from receipt of a nutritionally adequate diet.

3:16cv659
Underhill, J.

United States District Court

Westport Resources Mgmt. v. DeLaura

Former COO Allegedly Violated Noncompete Agreement

A court could issue a temporary restraining order, to prevent a former worker from soliciting clients from his former employer, in violation of noncompete and nondisclosure agreements.

3:16cv873
Bolden, J.

United States District Court

Khedr v. IHOP Rest.

Muslim Wearing a Hijab Alleged Denial of Service

To prevail on a claim of racial discrimination in a place of public accommodation, in violation of 42 United States Code §2000a, plaintiffs were required to allege discriminatory motive.

3:16cv105
Meyer, J.

Connecticut Appellate Court

Mettler v. Mettler

Order to Pay for Child's Activities Was Ambiguous

A court could find a party in willful contempt of court, if the party willfully violated a clear and unambiguous court order.

AC 37844
Lavine, J.

Connecticut Appellate Court

Brochard v. Brochard

Former Wife Requested Written Authority to Modify Mortgage

A trial court could find a party in contempt of court, if the party did not comply with a clear and unambiguous order to provide written authorization to the other party to negotiate and modify the mortgage.

AC 37435
West, J.

Connecticut Appellate Court

Despres v. Comm'r of Correction

Petitioner Claimed Habeas Judge Presided Over Pretrial

A habeas judge was not required to recuse himself, sua sponte, because he previously presided over petitioner's pretrial proceedings.

AC 37566
Alvord, J.

Connecticut Appellate Court

Hayes Family v. Town of Glastonbury

Denial of Special Permit Did Not Result in Unconstitutional Taking

To prove finality, a property owner who alleged an unconstitutional taking must prove that the government entity would not permit any reasonable, alternative use of his property.

AC 37827
Alvord, J.

Connecticut Appellate Court

Hall v. Gulaid

Res Judicata Barred Claims by Plaintiff who Sued Wrong Defendant

Res judicata applied, if a final judgment on the merits by a court of competent jurisdiction barred a subsequent claim between the parties and their privies on claims that were actually made or that might have been made.

AC 37901
DiPentima, J.

Connecticut Supreme Court

People for the Ethical Treatment of Animals v. Freedom of Info. Comm'n

Order to Disclose Names of Animal Researchers Reversed

Public records could be exempt from disclosure, if reasonable grounds existed to believe that disclosure would result in a safety risk.

SC 19593 and 19594
Palmer, J.

Connecticut Supreme Court

State v. Sabato

Allegedly Defendant Threatened Potential Witness on Facebook

An individual was guilty of intimidating a witness if, believing that an official proceeding was about to be instituted, he used or threatened the use of physical force against a witness with intent to influence, delay or prevent the testimony.

SC 19406 and SC 19407
Palmer, J.

Freedom of Information Commission

Schoenhorn v. Chief, Police Dep't, City of Hartford

Police Withheld Records about Indecent Exposure Complaints

A public agency could withhold documents concerning minor witnesses and signed witness statements.

FIC 2015-653
Freedom of Information Commission

Compensation Review Board

Melendez v. Fresh Start Gen. Remodeling and Contracting

Part-Time, Temporary Worker Qualified as 'Employee'

The Workers' Compensation Act excluded from the definition of " employee" an individual "whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business."

6001 CRB-2-15-4
Mastropietro with Walker and Salerno

Board of Mediation and Arbitration

Town of Plymouth and AFSCME, Council 4, Local 1303-151

Plymouth Reduced Secretarial Jobs to Part-Time to Save Money

A collective bargaining contract could permit a municipality to reduce full-time jobs to part-time jobs, provided that the town subsequently negotiated with the union about benefits.

2016-A-0041
Culhane and Blum – Shay dissented

Board of Mediation and Arbitration

Pepsi Beverages Co. and Teamsters, Local 145

Pepsi Discharged Worker who Provided Out-of-Date Product

A collective bargaining contract could require that a company use progressive discipline that consisted of oral warnings, written warnings and suspensions, prior to discharge.

2016-A-0269
Massa and Sullivan – Sevas dissented

Board of Mediation and Arbitration

MDC and AFSCME, Council 4, Local 184

Employer Added Two Hourly Workers to 'On Call' Rotation

A management rights clause in a collective bargaining contract could permit the employer to assign " on call" work to employees.

2016-A-0273
Podurgiel and Webber – Shea dissented

United States Court of Appeals for the Second Circuit

Cedillo v. Lynch

Petitioner Move to Open and To Obtain Voluntary Departure

The Board of Immigration Appeals was allowed to engage in fact finding when ruling on a motion to open.

13-331

United States Court of Appeals for the Second Circuit

Dervishi v. Stamford Bd. of Educ.

Board of Ed Provided Free and Appropriate Public Education

The Individuals with Disabilities Education Act required that the government provide a free and appropriate public education to disabled children.

15-2798

New Haven J.D., at New Haven

Kapoor v. United Illuminating

No Evidence that UI Knew About Potential Public Nuisance

To prevail on absolute public nuisance, plaintiff was required to prove that defendant's intentional conduct caused the nuisance.

CV10-6014849
Fischer, J.

New Haven J.D., at New Haven

Castro v. MacDonald

Tow Operator Alleged Driver Who Crashed Created a Public Nuisance

To prevail on a claim of public nuisance, a plaintiff must prove that defendant's use of the land was unreasonable or unlawful.

CV14-6050225
Alander, J.

Windham J.D., at Putnam

Burgess v. Samokar

$309,453 Awarded to Alleged Victim of Third-Degree Assault

At a hearing in damages, a court could award economic damages for medical expenses and loss of wages, plus non-economic damages and punitive damages for a willful, wanton and reckless assault.

CV15-6009644
Calmar, J.

Stamford/Norwalk J.D., at Stamford

Asher v. Ray

Owner Alleged Tenant Assumed the Risk of Dangerous, Falling Trees

Although Connecticut General Statutes §52-572h abolished the defense of assumption of the risk in connection with negligence claims, it did not bar the special defense in connection with recklessness claims.

CV16-6027538
Lee, J.

Hartford J.D., at Hartford

Smith v. Fayngersh

Jury Awarded $146,672 to Driver who Allegedly Was Rear-Ended

A court could order a remitittur, if the verdict shocked the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.

CV14-6050863
Wahla, J.

Fairfield J.D., at Bridgeport

Montefusco v. Town of Monroe

Driver Alleged Tree Warden Did Not Promptly Remove Rotten Tree

Allegations that a municipality maintained and controlled property that abutted a public highway and negligently failed to promptly remove a large, rotten tree were sufficient to state a claim for negligence.

CV15-6048658
Radcliffe, J.

Stamford/Norwalk J.D., at Stamford

Kellogg v. City of Norwalk

Public Notice on Proposed Development Found Defective

Substantial defects in the public notice of proposed actions by an administrative agency could deprive the agency of subject-matter jurisdiction.

CV15-5014630
Tobin, J.T.R.

New London J.D., at New London

Lafever v. Cambridge Mutual Fire Ins. Co.

Insurance Company's Adjuster Owned No Duty to Homeowners

An independent insurance adjuster hired by an insurance company did not owe a duty of care to the insured.

CV15-6023771
Vacchelli, J.

Fairfield J.D., at Bridgeport

Edelson v. Dubinsky

Mother's Motion to Relocate with Minor Child to New York Denied

A parent who filed a motion to relocate with a minor child might be required to prove that relocation was in the best interests of the minor child.

FA12-4040496
Owens, J.T.R.

Stamford/Norwalk J.D., at Stamford

Brody v. Brody

Hedge Fund Founder's Former Wife in Willful Contempt

A party who willfully violated a clear and unambiguous court order could be found in contempt of court.

FA08-4014434
Tindill, J.

Waterbury J.D., at Waterbury

Bermudez v. Laholli

Mom Did Not Prove Father of Child Presented Current Danger

A court could issue a protective order if the applicant established a "continuous threat of present physical pain or physical injury, stalking or a pattern of threatening."

FA16-4036503
Nastri, J.

Ansonia/Milford J.D., at Milford

Barneby v. New England Sch. of Montessori

Parents Alleged Nursery School Wrongly Expelled their Child

Connecticut did not recognize a cause of action for education malpractice.

CV15-6019330
Stevens, J.

Middletown J.D., at G.A. 9

State v. Grimes

Defendant Convicted of Violent Sex Assault to Register for Life

A registration requirement automatically was triggered when defendant was convicted for a sexually violent offense.

CR04-169970
Vitale, J.

Waterbury J.D., at Waterbury

State v. Ellis

55 Years for Teen who Allegedly Masterminded Shooting Affirmed

As a result of Public Act 15-84, juvenile offenders cannot be sentenced to life in prison, without the possibility of parole.

CR91-196561
Fasano, J.

New Haven J.D., at New Haven

Nat'l Coll. Student Loan Trust v. Caulker

Homeless Student Sought Debt Verification and Forbearance

15 United States Code §1692g of the federal Fair Debt Collection Practices Act did not include a time restriction for the creditor to validate debts.

CV15-6058389
Wilson, J.

United States District Court

Eberg v. United States Dep't of Def.

Female Vet Sought Records to Support Allegations of Harassment

To prevail on a motion for summary judgment in connection with a Freedom of Information Act complaint, the government must prove, beyond a material doubt, it conducted a search reasonably calculated to uncover all relevant documents.

3:14cv1696
Bolden, J.

United States District Court

Nastu v. Stamford Health Integrated Practices

Health Network Barred Patient who Made Doctor Fear for Safety

To establish an "injury in fact" for purposes of the Americans with Disabilities Act, plaintiff was required to prove that it was reasonable to infer that plaintiff intended to return to defendant in the future.

3:16cv292
Hall, J.

United States District Court

United States v. Bick

Jury Convicted Defendant of Money Laundering and Wire Fraud

A court could set aside the verdict and order a new trial to avert a miscarriage of justice.

3:15cr1
Meyer, J.

United States District Court

Springsted v. Valenti Motors

Plaintiffs Alleged Volkswagen Passat's Engine Was Not Adequate

Federal jurisdiction over a state-law claim existed, if the federal issue was necessarily raised, actually disputed, substantial and capable of resolution in federal court without disrupting federal-state balance.

3:16cv214
Arterton, J.

Connecticut Appellate Court

Disciplinary Counsel v. Williams

Decision to Suspend Attorney for 20 Days Reversed and Remanded

Provided that no denial of due process took place, a court could, for good cause, discipline and suspend an attorney.

AC 37319
Mullins, J.

Connecticut Appellate Court

Bristol Bd. of Educ. v. Bd. of Labor Relations

Board of Ed Member Did Not Recommend Approval of CBA

Grounds rules could require that members of a negotiating committee unanimously recommend approval of a tentative settlement agreement.

AC 37564
Alvord, J.

Connecticut Appellate Court

Washington v. Comm'r of Correction

No Proof Trial Counsel Did Not Provide Effective Assistance

An individual accused of committing crime had a Sixth Amendment right to effective assistance of counsel during plea negotiations.

AC 37420
Per Curiam

Connecticut Supreme Court

Reynolds v. Comm'r of Correction

Petitioner Who Shot Cop Claimed State Was Lenient to Co-Defendant

The decision to criminally charge an individual and the choice of which crime should be charged were within the discretion of the state.

SC 19071
Eveleigh, J.

Freedom of Information Commission

Shafer v. Chief, Police Dep't, Town of Stratford

ACLU Requested Copies of Police Records Concerning Drones

Connecticut General Statutes §1-210(b)(3)(E) provided an exception to disclosure of public records, if disclosure would result in the disclosure of law enforcement investigatory techniques.

FIC 2015-581
Freedom of Information Commission

Freedom of Information Commission

Mechare v. Downs

Discussion of Pay and Health Insurance Found Appropriate

The phrase "executive session—personnel matters" previously was found to be too vague to communicate to the public the business to be transacted at a meeting.

FIC 2015-534
Freedom of Information Commission

Freedom of Information Commission

Gandolfo v. Grove Beach Point Ass'n

Complainants Sought Info about Amendment to Charter

Each public agency shall make, keep and maintain a record of the proceedings of meetings, pursuant to Connecticut General Statutes §1-225(a).

FIC 2015-580
Freedom of Information Commission

Board of Mediation and Arbitration

City of Bridgeport and AFSCME, Council 4, Local 1159

Suspension for Harassing Civilian Reduced to 45 Days

Just cause required that discipline be reasonably related to the seriousness of an employee's offense and the employee's proven record of service to his employer.

2016-A-0071
Cain and Neary – Leverty dissented

United States District Court

United States v. Rowland

Ex Governor Helped to 'Falsify' Candidate's Campaign Records

To "falsify" meant to "represent falsely," to "misrepresent," or to "distort." A jury reasonably could have found that a former governor who arranged to receive pay from another source when he subsequently worked as a campaign consultant created or participated in the creation of documents that misrepresented or falsified his relationship with the candidate.

15-985
Carney, J.

United States Court of Appeals for the Second Circuit

Allen v. Verizon Wireless

Pro Se Plaintiffs Did Not File Amended Notice of Appeal

The Second Circuit could not construe a notice of appeal as contemplating review of a subsequent district court order.

15-2392-cv

United States Court of Appeals for the Second Circuit

Gold v. Harrington

Estate Attorney Did Not Adequately Document Time

A bankruptcy court could abuse its discretion, if: (1) the decision rested on an error of law, such as the use of the wrong legal principle; or (2) its decision could not be located within the range of permissible decisions.

15-2310

Waterbury J.D., at Waterbury

Jarjura v. City of Waterbury

Municipality Did Not Correctly Compute Amount of Square Feet

The taxpayer possessed the burden of proof that the municipality over assessed his property.

CV13-6019213
Sheedy, J.T.R.

Windham J.D., at Putnam

Corbin v. HSBC Bank USA

Plaintiffs Alleged Neighbor Negligently Kept Decaying Tree

A possessor of land was not legally responsible for physical harm that allegedly was caused to others outside of the possessor's land by a natural condition of the land.

CV15-6009704
Calmar, J.

Middlesex J.D., at Middletown

Sweeney v. Jarzbek

$150,000 Prejudgment Remedy Awarded for Alleged Sex Assault

A court could award a prejudgment remedy for an alleged sexual assault, if plaintiff established probable cause that she would prevail on the merits at trial.

CV16-5008760
Aurigemma, J.

Fairfield J.D., at Bridgeport

Kim v. Velez

Rear-Ended Plaintiff Did Not Prove Defendant Caused Accident

The fact that a collision took place did not create a rebuttable presumption of negligence and causation.

CV15-6049618
Kamp, J.

Waterbury J.D., at Waterbury

Avendano v. Brass Mill Center

Mall Claimed Saturn Driver's Negligence Was Superceding Cause

A superceding cause could be an act or wrongful conduct of a third person that prevented an actor from being legally responsible for harm.

CV14-6024332
Roraback, J.

New Britain J.D., at New Britain

Perrotta v. Hartford Hosp. d/b/a Jefferson House

Hospital Sought to Recover $77,803 in Litigation Costs

To prevail on an indemnification claim against a construction company, a third-party plaintiff was required to prove the construction company was negligent, its active negligence was the direct cause of the accident and it was in exclusive control.

CV12-6016449
Wiese, J.

Litchfield J.D., at Litchfield

Johnson v. Johnson

Landlord Requested Additional Damages for Use and Occupancy

A court could enforce a stipulation that stated that "compliance with this stipulation will represent a full settlement of claims arising from the defendant's occupancy."

CV15-4015494
Pickard, J.

Hartford J.D., at Hartford

Nationwide Gen. Ins. v. Colon

State Was Immune from Insurer's Subrogation Claims

Although Connecticut General Statutes §52-556 provided that any "person injured in person or property through the negligence of any state official or employee" when operating a motor vehicle "shall have a right of action against the state," the word "person" could be narrowly construed.

CV16-6065127
Huddleston, J.