Recent Decisions

Hartford J.D., at Hartford

Sowah v. Lukas

Alleged Failure To Investigate Was Not Extreme and Outrageous

Allegations that municipal defendants failed to investigate a report about crime may be insufficient to allege extreme and outrageous conduct, as required to state a claim for intentional infliction of emotional distress.

CV15-6057374
Wiese, J.

Practice Areas: Torts , Emotional Distress

New Haven J.D., at New Haven

Ferry v. 66 Realty Assoc.

Shopping Center Owner Did Not Owe Duty of Care To Trespasser

An owner of a shopping center may not owe a duty of care to a trespasser who uses its parking area, which is reserved for customers of tenants, for another, nonbusiness purpose.

CV14-6047823
Nazzaro, J.

Practice Areas: Torts , Personal Injury , Premises Liability , Trespassers , Residential and Commercial Real Estate

Waterbury J.D., at Waterbury

Collin v. Connecticut Bd. of Educ.

High School Gym Teacher Allegedly Left Student Unsupervised

A jury reasonably could conclude that it was foreseeable that unsupervised high school students in a weight room might engage in horseplay and possibly injure themselves or other students.

CV12-6013532
Brazzel-Massaro, J.

Practice Areas: Torts , Personal Injury , Education Law

New Britain J.D., at New Britain

Bakaysa v. Lyons

Medical Expenses for 42 Visits To Chiropractor Not Compensated

A jury can reasonably find that a plaintiff is not entitled to medical expenses for visits to a chiropractor that commenced 18 months after the subject motor-vehicle accident.

CV13-6023171
Gleeson, J.

Practice Areas: Torts , Personal Injury , Causation , Damages , Transportation

Stamford/Norwalk J.D., at Stamford

Thomson v. Thomson

Former Citigroup Executive Dissipated $300K in Marital Assets

A spouse who secretly spends money on a lover and their child can be found to dissipate marital assets.

FA13-4024747S
Shay, J.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport

Gelles v. Brodie

Self-Employed TV Personality To Pay Husband $10,000 Per Month

A court can order a self-employed television personality to pay substantial alimony and child support to a spouse of almost 19 years.

FA11-4035382S
Owens, J.T.R.

Practice Areas: Family Law

Waterbury J.D., at Waterbury

Concepcion v. Orukpe

Husband To Pay $1,703 Toward Wife's Attorney Fees

A party who does not cooperate in discovery can be ordered to contribute to the other party's attorney fees.

FA14-4033747S
Cutsumpas, J.T.R.

Practice Areas: Family Law , Civil Procedure , Discovery

Stamford/Norwalk J.D., at Stamford

Andrade v. Herrera

Nursery School Qualifies as Substantial Change in Circumstances

A court can find that a substantial change in circumstances exists as a result of the minor child's attendance at nursery school.

FA14-4027108
Tindill, J.

Practice Areas: Family Law , Custody and Child Support

Litchfield J.D., at Litchfield

Szollosy v. Szollosy

Mom Allegedly Breached Contract To Invest Child's Settlement Funds

A relative who is business savvy and agrees to invest money for a younger relative can breach a fiduciary duty and an express contract, if the older relative refuses to return the money when requested.

CV12-6006971S
Pickard, J.

Practice Areas: Contracts , Breach

Tolland J.D., at Rockville

D.C. Humphrys Co. v. Atlantic Kaplan Int'l

Irate that Previous Shipment Was Late, Defendant Refused To Pay

A defendant cannot lawfully engage in "self help," by holding up payment for subsequent purchases that were fulfilled in good order, because defendant was unhappy that an earlier shipment did not arrive on time.

CV14-6008347
Sferrazza, J.

Practice Areas: Contracts , Breach , Remedies

Hartford J.D., at Hartford

Taylor v. Bowler

Client Who Sued Statewide Bar Counsel Lacked Standing

A former client lacks standing to compel the investigation or prosecution of alleged professional misconduct against his former habeas counsel.

CV15-5038518
Huddleston, J.

Practice Areas: Civil Procedure , Parties , Standing

Stamford/Norwalk J.D., at Stamford

Rendahl v. Peluso

Plaintiff Requested Court To Review Alleged Evidence of Juror Confusion

A court may not consider evidence of juror confusion after the jury returns a verdict and is discharged, merely because one of the jurors writes a letter.

CV12-6012549S
Povodator, J.

Practice Areas: Civil Procedure , Trial , Judgments , Torts , Damages , Causation

New London J.D., at New London

Fiamengo v. Pattis

Client Sued Attorney After Three-Year Statute of Limitations Expired

The three-year statute of limitations in Connecticut General Statutes §52-577 can bar a client's suit against his former attorney for legal malpractice.

CV13-5014634S
Cole-Chu, J.

Practice Areas: Civil Procedure , Statute of Limitations , Legal Profession , Attorney Malpractice

New Britain J.D., at New Britain

Andros v. Czerwinski

Marshal Attempted To Serve Florida Defendant at Conn. Address

Service of process at a Connecticut address where defendant has not resided for two years may not comply with requirements in Connecticut General Statutes §52-62 that the marshal effectuate service of process at defendant's "last-known" address.

CV15-6028691
Swienton, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

United States District Court

Sec. and Exch. Comm'n v. Ahmed

$118 Million Ordered Frozen To Preserve Status Quo of Assets

To obtain an injunction to freeze assets, and to preserve the status quo so that assets are not dissipated, concealed or transferred, the Securities and Exchange Commission need only make a substantial showing of a likelihood of success on a current violation and the risk of repetition.

3:15cv675
Arterton, J.

Practice Areas: Securities and Federal Corporate Law , Securities Fraud , White Collar Crime , Money Laundering

United States District Court

Sanchez v. United Community and Family Serv.

Worker Allegedly Was Fired Because She Requested Medical Leave

A discrimination claim is reasonably related to a reasonable accommodation claim for exhaustion purposes, if plaintiff was discharged for failing to return to work, and time away from work was the reasonable accommodation requested.

3:14cv1819
Bryant, J.

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

United States District Court

Dabson v. Penske Truck Leasing

Penske Worker Did Not Prove Discrimination Motivated Discharge

A worker's alleged refusal to pay the correct amount for use of a company product can violate company policy and constitute a legitimate reason for discharge.

3:14cv676
Hall, J.

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

United States District Court

United States v. Schultz

VA Police Had Reasonable Suspicion To Frisk Defendant

Law enforcement officials who possess a reasonable suspicion that criminal activity may be taking place can possess reasonable justification to conduct a Terry stop.

3:15po38
Margolis, J.

Practice Areas: Criminal Law

United States District Court

United States v. McDade

Narcotics Defendant Did Not Prove A Mere 'Buyer-Seller' Relationship

Evidence of frequency and volume of cocaine-related dealings can indicate that defendant had more than a "buyer-seller" relationship with conspirators and acted as a "trusted associate" or lieutenant.

3:14cr81
Meyer, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

In Re: Quidanny

Mom Claimed Attempt To Suffocate Did Not Qualify As 'Severe' Abuse

A mother's alleged attempt to suffocate her 13-month-old baby can qualify as "severe" physical abuse, pursuant to C.G.S. §17a-112(j)(3)(C), because the baby began to turn blue.

AC 37383
Gruendel, J.

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

In Re: Joseph

Parents of Child with Broken Ribs Failed To Rehabilitate

If a father fails to rehabilitate sufficiently, a court can terminate the parental rights of the father of a child who was adjudicated neglected, because he had four broken bones and a torn mouth.

AC 37368
Mullins, J.

Practice Areas: Family Law , Custody and Child Support

Connecticut Appellate Court

Tiplady v. Maryles

Defense Questioning Went Beyond Issues Raised by Plaintiff

Although evidence is otherwise inadmissible, a party who questions a witness about a subject cannot object if the opponent then asks the witness about the same subject, provided that the opponent does not proceed to ask the witness about other subjects.

AC 35832
Gruendel, J.

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

Connecticut Appellate Court

Channing Real Estate v. Gates

Parol Evidence about Six Separate Promissory Notes Wrongly Admitted

Evidence outside a promissory note is generally not admissible, to vary the terms of a promissory note that is clear and unambiguous and supported by consideration.

AC 35786
Bear, J.

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

Connecticut Appellate Court

Stone v. Pattis

No Proof Superior Court Judge Discriminated Based on Disability

The Appellate Court can dismiss allegations that the trial court was biased and discriminated against a party on the basis of physical disability.

AC 35970
Gruendel, J.

Practice Areas: Civil Rights

Connecticut Supreme Court

Town of Stratford v. Jacobelli

Portable, T-Shaped Aircraft Hangers Qualify as 'Buildings'

Even though aircraft hangars are portable, they are subject to municipal taxation as "buildings" under Connecticut General Statutes §12-64(a), because they are more or less permanent, they are usually covered by a roof and they are more or less enclosed by walls.

SC 19332 and SC 19333
Eveleigh, J.

Practice Areas: Taxation , Residential and Commercial Real Estate

Connecticut Supreme Court

Hunter Ridge v. Planning and Zoning Comm'n of the Town of Newtown

Trial Court Exceeded Its Powers when it Awarded Injunctive Relief

A trial court can adjudicate facts relating to environmental matters that an intervenor raises only if the underlying agency proceeding provides the trial court authority to adjudicate factual issues.

SC 19255 and 19256
McDonald, J.

Practice Areas: Land Use and Planning , Environmental Law

Connecticut Supreme Court

State v. Santos

State Possessed Strong Case as Result of Eyewitness Testimony

Even assuming that defendant's constitutional right to confront a witness was violated, as alleged, a court can find that any error was harmless, because sufficient evidence existed to convict, even without the testimony of the witness.

SC 19254
Espinosa, J.

Practice Areas: Criminal Law , Evidence , Witnesses

State Elections Enforcement Commission

Referral by: Dalton

Widow Returned Deceased Husband's Unmarked Absentee Ballot To Clerk

Evidence that a widow returned an unmarked absentee ballot to the town clerk's office, along with a written message that indicated that her former husband passed away, can be insufficient to prove voter fraud.

2015-161
Castagno, Chair

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Paulson

Superintendent of Schools' Newsletter Did Not Violate §9-369b

A superintendents' newsletter to parents that discusses a referendum may not violate Connecticut General Statutes §9-369b, if a referendum has not yet been scheduled to take place.

2015-030
Castagno, Chair

Practice Areas: Administrative Law , Election and Political Law

Citizen's Ethics Advisory Board

Advisory Opinion 2015-4

Bioscience Committee Members Not Required To File Finance Statements

Members of the Bioscience Innovation Advisory Committee are not required to file finance statements, because they do not qualify as employees, members or directors of a quasi-public agency, for purposes of Connecticut General Statutes §1-83(a)(1) of the Code of Ethics for Public Officials.

2015-4
Chiusano, Chair

Practice Areas: Election and Political Law , Administrative Law

United States Court of Appeals for the Second Circuit

Cheong v. Lynch

Female Alleged Inappropriate Touching by Malaysian Boys

Allegations that boys inappropriately touched the female petitioner's body three or four times may be insufficient to prove persecution and that it is more likely than not that petitioner will be tortured, if deported.

14-50

Practice Areas: Immigration Law

United States Court of Appeals for the Second Circuit

Yale-New Haven Hosp. v. Nicholls

1st Impression on Posthumous Qualified Domestic Relations Orders

Domestic relations orders are not invalid, simply because they are entered after the plan participant passes away.

13-4725cv
Straub, J.

Practice Areas: Family Law , Labor and Employment , Employee Benefits , Pensions and Other Retirement Benefits

United States Court of Appeals for the Second Circuit

Doe v. E. Lyme Bd. of Educ.

Board of Education Responsible To Pay for Compensatory Education

A board of education that violates a "stay-put" provision to maintain the status quo can be ordered to pay for compensatory education, beyond services the parent actually obtained.

14-1261-cv and 14-1638-cv
Jacobs, J.

Practice Areas: Education Law

United States Court of Appeals for the Second Circuit

United States v. Johnson

Defendant Objected To Sentence for Violating Supervised Release

Penalties applicable when a defendant violates the terms of supervised release are determined by reference to the law in effect at the time of the defendant's underlying offense, pursuant to United States v. Ortiz.

14-1063
Droney, J.

Practice Areas: Criminal Law

United States Court of Appeals for the Second Circuit

Smith v. Hogan

Apparent 1st Impression on Attaching Affidavit to Complaint

An affidavit that is attached as an exhibit to a complaint does not qualify as a "written instrument" that constitutes part of the complaint, pursuant to F.R.C.P. 10(c).

11-4276-cv
Parker, J.

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

New Britain J.D., at New Britain

Seymour v. Zysek

Plaintiff 50 Percent Responsible for Fall Through Hole in Porch

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, and reduce the award 50 percent for contributory negligence.

CV13-6023169S
Gleeson, J.

Practice Areas: Torts , Personal Injury , Premises Liability

Fairfield J.D., at Bridgeport

Morales v. Miron

$18,946 Awarded To Plaintiff Who Allegedly Was Rear-Ended

A court can credit the opinion of defendant's medical expert and find that plaintiff suffered a mild cervical strain that required only four to six weeks of medical treatment.

CV12-6030483S
Gilardi, J.T.R.

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

New London J.D., at New London

Ducharme v. Thames Printing Co.

Genuine Issues Re: Allegations that Safety Switch Did Not Work

An employer's intentional creation of a condition so dangerous that injury to the employee was substantially certain to occur may constitute an exception to the rule that the Workers' Compensation Act provides the exclusive remedy for workplace injuries.

CV09-6001312S
Cole-Chu, J.

Practice Areas: Torts , Personal Injury , Social Services Law , Workers’ Compensation

Hartford J.D., at Hartford

Doe v. Options Unlimited

Abuse or Neglect Registry Is Not Open To Public Inspection

Abuse or neglect registry kept by Department of Social Services is confidential and not open to public inspection.

CV13-5036891
Wiese, J.

Practice Areas: Social Services Law

Hartford J.D., at Hartford

Office of Chief Disciplinary Counsel v. Auger

Trustee Who Protected Deceased Attorney's Clients Awarded $93,022

An attorney trustee who winds up a deceased attorney's law practice and protects the clients of the deceased attorney can be awarded fees.

CV10-6016034
Robaina, J.

Practice Areas: Legal Profession , Attorney Fee Recovery

Stamford/Norwalk J.D., at Stamford

Imbruce v. Johnson

Clients Cloaked Negligence Claim in Breach-of-Contract Language

Allegations that a law firm provided negligent legal counsel, misinterpreted Connecticut law, breached a contract and failed to inform clients about the registration requirements of the Connecticut Uniform Securities Act may constitute a negligence claim in the guise of a contract claim.

CV14-6024138S
Heller, J.

Practice Areas: Legal Profession , Contracts , Breach , Securities and Federal Corporate Law , State Securities Laws

Hartford J.D., at Hartford

Disciplinary Counsel v. Elder

Lawyer Who Impersonated Lawyer Suspended for One Year

It is professional misconduct for a lawyer to engage in conduct that involves dishonesty, fraud, deceit or misrepresentation, pursuant to Rule 8.4(3) of the Rules of Professional Conduct.

CV15-6057682
Robaina, J.

Practice Areas: Legal Profession

Middlesex J.D., at Middletown

Lane v. Cashman

Farmers Fined $37K for Failure To Comply with Cease-And-Desist Orders

Individuals who raise cows and poultry and continue to conduct a farm operation in a residential zone after a zoning enforcement officer issues a cease-and-desist order can be ordered to pay a fine.

CV12-6008324
Aurigemma, J.

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

New London J.D., at New London, G.A. 10

Lymes Elderly Hous. v. Warren

Tenant Violated Stipulated Agreement To Keep the Peace

A housing facility is not required to follow procedures for eviction for violation of a lease, if a tenant who previously was the subject of an eviction action that settled breaches the terms of the stipulated agreement.

CV14-29929
Moukawsher, J.

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

New London J.D., at New London

Neddeau v. Rite Aid of Connecticut

Vaccine Injury Act Does Not Cover Claim that Shot Was Too High on Arm

The National Childhood Vaccine Injury Act does not apply to a claim that a flu vaccine allegedly was administered too high on a patient's arm.

CV15-6023184
Cole-Chu, J.

Practice Areas: Health Law , Torts

New Britain J.D., at New Britain

Wiosna v. Langlais

Court Awarded Joint Custody To Mother and Grandmother

Although a presumption exists in favor of parental custody, as opposed to nonparental custody, pursuant to Connecticut General Statutes §46b-56b, a court can find it is in the best interests of the minor child to award joint custody to the mother and maternal grandmother.

FA13-4033751S
Morgan, J.

Practice Areas: Family Law , Custody and Child Support

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.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport

Gregory v. Gregory

Wife Failed To Prove that Prenup Was Not Enforceable

A court can enforce a prenuptial agreement if the parties disclosed their finances, and the circumstances of the parties at the time of dissolution were not beyond the contemplation of the parties at the time of signing.

FA14-4047128
Adelman, J.

Practice Areas: Family Law

Hartford J.D., at Hartford

Bonilla v. Bonilla

Wife Proved that 2013 Divorce Was Obtained As Result of Fraud

A court can open a judgment of dissolution, if the judgment was obtained as a result of fraud.

FA12-4063256S
Ficeto, J.

Practice Areas: Family Law

Waterbury J.D., at Waterbury

State v. Lepeska

Five Years for 2nd-Degree Stalking of Former Date Affirmed

An individual who is convicted of second-degree stalking can be sentenced to five years in prison.

CR13-420315
Ginocchio, J., Fischer, J., and Alexander, J.

Practice Areas: Criminal Law

New Britain J.D., at New Britain

Zaleski v. Gen. Ins. Co. of Am.

One-Year SOL In Owner's Policy Enforced Despite Owner's Stroke

A one-year statute of limitations in a homeowner's insurance policy can be enforced, even if the insurer engaged in settlement discussions with the homeowner, and the homeowner believed that the parties would settle.

CV13-6022958
Abrams, J.

Practice Areas: Civil Procedure , Statute of Limitations , Insurance Law , Policy Terms , Residential and Commercial Real Estate

United States District Court

Garrison v. Kohl's Dep't Stores

Genuine Issue Whether Store Received Notice of Rug on Floor

A business proprietor may not be entitled to summary judgment, if a genuine issue of material fact exists on whether the business proprietor had constructive notice of a defective condition.

3:14cv52
Hall, J.

Practice Areas: Torts , Personal Injury , Premises Liability , Invitees

United States District Court

Staggers v. Colvin

Medical Opinions Failed To Support Ruling Claimant Can Lift 50 Pounds

When medical opinions in the record do not provide substantial support for a conclusion that a plaintiff can lift 25 pounds frequently and 50 pounds occasionally, a court can reverse the decision of an administrative law judge concerning the claimant's RFC, or "residual functional capacity," and remand to the commissioner of Social Security.

3:14cv717
Hall, J.

Practice Areas: Social Services Law , Social Security Compensation

United States District Court

Weber v. Fujifilm Med. Syst.

Apparent 1st Impression on Costs of Synchronizing Taped Depositions

Ruling on an issue of apparent first impression in the Second Circuit, a court found that a "prevailing party" is not entitled to recover costs for synchronizing taped depositions and transcripts, absent proof that synchronization was necessary for trial.

3:10cv401
Arterton, J.

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

United States District Court

Thompson v. National Union Fire Ins. Co. of Pittsburgh

Kleen Energy Case Depositions Restricted To 30(b)(6) Witnesses

In response to a defense motion for a protective order, a court can restrict the scope of depositions to a corporate defendant's 30(b)(6) witnesses and restrict questioning to four topics.

3:14cv259
Margolis, J.

Practice Areas: Civil Procedure , Discovery , Insurance Law , Policy Terms

United States District Court

Greenwich Taxi v. Uber Tech.

Taxicab Cos. Failed To Allege Uber Tech Violated Lanham Act

Taxicab plaintiffs did not adequately allege that defendant competitor engaged in misrepresentations concerning "ridesharing," "driver partners," "operating legally," "insurance coverage," "safety" and "pricing," and the court dismissed plaintiffs' claims that defendant engaged in misrepresentation and false advertising, in violation of the Lanham Act.

3:14cv733
Thompson, J.

Practice Areas: Antitrust , Consumer Protection , Transportation

Connecticut Appellate Court

Disciplinary Counsel v. Evans

Attorney Who Refused To Submit IOLTA Docs Denied Reinstatement

Regardless of Rule 1.6(a)'s prohibition on disclosing client information without a client's informed consent, an attorney can disclose information reasonably necessary to comply with a court order.

AC 36575
Mullins, J.

Practice Areas: Legal Profession

Connecticut Appellate Court

Carter v. State

Defendant's Own Expert Refuted His Newly Discovered Evidence Claim

Evidence is newly discovered only if the evidence was not available at the time of trial, or it could not have been obtained with use of reasonable diligence.

AC 36184
Sheldon, J.

Practice Areas: Evidence , Expert Witnesses , Criminal Law

Connecticut Appellate Court

Ernesto v. Comm'r of Correction

No Proof that Trial Counsel Furnished Ineffective Assistance

A habeas court can find that petitioner did not prove that counsel who hired a private investigator to investigate leads furnished ineffective assistance of counsel.

AC 36163
Pellegrino, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

Anthony v. Comm'r of Correction

Petitioner Alleged DOC Wrongly Classified Him as Sex Offender

A petitioner who allegedly has not been convicted of a sexual offense can be entitled to procedural due process, before he is classified by the Department of Correction as a sexual offender and referred for sex offender treatment.

AC 37168
Alvord, J.

Practice Areas: Criminal Law

Connecticut Supreme Court

In Re: Yasiel

Trial Courts Must Canvass All Biological Parents in TPR Cases

The Supreme Court can exercise its supervisory power over the administration of justice to require that trial courts canvass all parents prior to the start of a parental rights termination trial, to inform them about their right to counsel, right to defend, right to cross-examine, right to testify, and that the court may take an adverse inference, if they fail to testify.

SC 19372
Eveleigh, J.

Practice Areas: Family Law , Custody and Child Support

Connecticut Supreme Court

State v. Carter

Defendant Argued He Lacked Intent To Commit Assault on Officer

Evidence that defendant turned toward a female police officer, raised his gun, aimed his gun at her midsection, positioned himself in a shooting stance with his finger on the trigger guard and maintained that pose, disregarding orders to drop the weapon, and then attempted to hold onto the weapon when other officers struggled to handcuff him, can be sufficient to prove intent to commit assault.

SC 19145
McDonald, J.

Practice Areas: Criminal Law

Connecticut Supreme Court

State v. Santiago

Sharply Divided Court Overturns Death Penalty as Cruel Punishment

Capital punishment in Connecticut offends the state constitutional prohibition against excessive and disproportionate punishment.

SC 17413
Palmer, J.

Practice Areas: Constitutional Law , Criminal Law

Board of Mediation and Arbitration

Town of Newtown and AFSCME, Council 4, Local 1303-136

Worker Not Entitled To Pay at a Higher Job Classification

A worker who independently decides to perform the work of a manager while the manager is away, and who is not actually assigned to perform the work, may not be entitled to pay at a higher job classification.

2013-A-0429
Toomey, Sullivan and Podurgiel

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

Board of Mediation and Arbitration

Town of New Milford and UPSEU/COPS, Local 47

Cops Called To Help with Unexploded Mortar Round Entitled To Extra Pay

If a police department asks police officers to perform regular law enforcement work when they are on an extra duty assignment, it can be required to pay them pursuant to a three-hour minimum pay provision.

2014-A-0598
Diaz, Franzo and Leverty

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

Board of Mediation and Arbitration

City of Meriden and AFSCME, Council 4, Local 595

Worker Asked To Work on Vacation Day Entitled To Time-and-One-Half

A worker who is asked to work on a scheduled vacation day can be entitled to pay for four hours of work at time-and-one-half, even if the employee only works two-and-one-half hours.

2012-A-0591
Weiner and Ferrucci – Camilliere dissented

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

Fairfield J.D., at Bridgeport

Adamson v. Marill

Request for Protective Order Against Former Partner Denied

Absent evidence that a male plaintiff is in imminent danger of physical harm from a female defendant, who weighs about 40 pounds less and who credibly testified that she remained "terrified" of plaintiff, a court can deny plaintiff's request for a temporary injunction.

CV13-6038035S
Jennings, J.T.R.

Practice Areas: Family Law , Civil Procedure , Provisional Remedies , Personal Property

United States Court of Appeals for the Second Circuit

Doughty v. Dep't of Developmental Serv.

Worker's Title VII Religious Discrimination Claim Denied

Even if a plaintiff meets his burden to prove a prima facie case of religious discrimination, he cannot prevail, if defendant employer cannot provide a reasonable accommodation without causing an undue burden or depriving other workers of their contractual rights.

14-2480-cv

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Sex Discrimination

United States Court of Appeals for the Second Circuit

United States v. Chibuko

Defendant Allegedly Stole Identity of Developmentally Disabled Man

In an identity theft case, a district court can reasonably find that a substantial sentence is merited to reflect the seriousness of the offense, to promote respect for the law and to protect the public.

12-39

Practice Areas: Criminal Law

United States Court of Appeals for the Second Circuit

Lewis v. Comm'r of Correction

Brady Violation Deprived Defendant of Right To Fair Trial

The government can deprive a defendant of his constitutional right to a fair trial, if the government withholds exculpatory evidence, in violation of Brady v. Maryland, a 1963 decision of the United States Supreme Court.

14-193
Walker, J.

Practice Areas: Criminal Law , Constitutional Law

United States Court of Appeals for the Second Circuit

Sensational Smiles v. Mullen

Teeth Whitening Ruling Did Not Violate Due-Process Rights

A declaratory ruling of a government agency may not violate due-process rights, if a rational relationship exists between the declaratory ruling and the state's legitimate interest in public health.

14-1381-cv
Calabresi, J.

Practice Areas: Constitutional Law , Health Law

Stamford/Norwalk J.D., at Stamford

Gould v. S. Norwalk Arts Celebration

Plaintiff Did Not Allege Utility Vehicle Was Used on Public Highway

A "motor vehicle" is any vehicle that is used on a public highway, and a utility vehicle can qualify as a "motor vehicle," if a plaintiff alleges that the utility vehicle was driven on a public highway.

CV14-6022982
Heller, J.

Practice Areas: Torts , Personal Injury , Motor Vehicles

New London J.D., at New London

Forsyth v. Richardson

Driver Alleged Assault and Battery by Motorcyclist

Allegations that a motorcyclist deliberately consumed alcohol before driving his motorcycle are insufficient to plead a claim that the motorcyclist intended to injure the plaintiff and committed an assault.

CV14-6022295
Cole-Chu, J.

Practice Areas: Torts , Emotional Distress , Motor Vehicles

Windham J.D., at Putnam

Aitken v. Kroll

'Firefighter's Rule' Did Not Apply To Off-Duty State Trooper

The "firefighter's rule," which prevents certain claims of emergency first responders who are injured in the line of duty, may not apply to injuries that result when an emergency first responder is injured when rescuing an unconscious driver from a locked car.

CV14-6008251S
Calmar, J.

Practice Areas: Torts , Personal Injury , Motor Vehicles

New Britain J.D., at New Britain

FC Stratford TOD v. Town of Stratford

Municipality Over Assessed $3 Million Property at $5.1 Million

A court may consider the amount that plaintiff spent to purchase the property when it makes a decision on fair market value.

CV13-6020889S
Aronson, J.T.R.

Practice Areas: Taxation , Residential and Commercial Real Estate

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

Martin v. Holmes

Deposit of Rent 27 Minutes before Trial Did Not Reinstate Tenancy

A tenant's deposit of past due rent into a landlord's bank account, approximately 27 minutes before trial in a summary-process action, may not automatically reinstate the tenancy.

055058
Ecker, J.

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

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

Al-Aboodi v. Bruno

Tenants Won Double the Security Deposit, Plus $200 for Furniture

Plaintiffs who allege that a landlord failed to return the entire security deposit can be entitled to twice the amount of the full security deposit, even if the landlord returned part of the security deposit.

CVNH1412-14894
Ecker, J.

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

Hartford J.D., at Hartford

Guiliano v. Jefferson Radiology

Patient Lacks Private Cause of Action under C.G.S. §38a-503

No private cause of action exists under C.G.S. §38a-503(c), which requires certain medical professionals to inform patients about density of breast tissue.

CV14-6050786S
Wiese, J.

Practice Areas: Health Law , Medical Malpractice

New London J.D., at New London

Albanese v. Connecticut CVS Pharm.

Genuine Issues on Claims Pharmacy Doubled the Dosage Dr. Prescribed

Genuine issues of material fact can preclude summary judgment on a claim that defendant pharmacy negligently and recklessly filled a prescription at double the prescribed dosage, and plaintiff was diagnosed with an overdose of the prescribed medication.

CV10-6005758
Cole-Chu, J.

Practice Areas: Health Law , Torts , Emotional Distress

Middletown J.D., at Middlesex

In Re: Jaziy

Grandparent with Conviction Awarded Guardianship of Child

A court can find it in the best interests of a minor child to award guardianship to a grandparent with a criminal conviction.

CP13-012089
Quinn, J.T.R.

Practice Areas: Family Law , Custody and Child Support

New London J.D., at Norwich

Horey v. Horey

Wife Did Not Recover from Husband's Conduct after their 2008 Separation

A court can find one party at greater fault for the breakdown of the marital relationship, as a result of that party's conduct when the parties separated and reconciled.

FA13-4121954
Carbonneau, J.

Practice Areas: Family Law

New London J.D., at Norwich

Cullinan v. Cullinan

32-Year-Old Mom Won Motion To Relocate with Twins To Florida

A court can find that relocation to Florida, where a relative offered to help with housing and child care, is in the best interests of the minor children.

FA14-4123555S
Carbonneau, J.

Practice Areas: Family Law , Custody and Child Support

New London J.D., at Norwich

Bruskie v. Perkins

Court Rejected Mom's Request that Dad's Visitation Be Supervised

A court can find that a mother did not prove that the father experiences difficulty controlling his anger such that the father's visitation should be supervised.

FA14-4124103S
Moukawsher, J.

Practice Areas: Family Law , Custody and Child Support

Danbury J.D., at Danbury

State v. Gojcaj

50 Years for Shooting Uncle and Dismembering His Body Affirmed

A sentence of 50 years for allegedly shooting a relative in the back of the head and then cutting up the body in an attempt to cover up the crime is not inappropriate or disproportionate.

CR08-133187
Fisher, J., Alexander, J., and Ginocchio, J.

Practice Areas: Criminal Law

New London J.D., at New London

Clapper v. Gallup

Teenager in 2010 Accident Won Motion To Seal Exhibits

A court can find that in this day of the Internet, social media and other communication technology, a litigant's interest in sealing exhibits in a sensational case that has already received "extraordinary press coverage" is greater than the public's interest in open court proceedings.

CV13-6015755S
Cole-Chu, J.

Practice Areas: Civil Procedure , Discovery , Torts , Personal Injury , Wrongful Death , Motor Vehicles

United States District Court

Sweeney v. Enfield Bd. of Educ.

Teacher Accused of Threatening Students Did Not Exhaust Remedies

When a collective bargaining contract provides that only the union may take a grievance to arbitration, and the union chooses not to proceed to arbitration, the employee cannot exhaust administrative remedies, unless he can prove that the union breached its duty of representation.

3:14cv1511
Shea, J.

Practice Areas: Labor and Employment , Labor Law , Collective Bargaining Agreements , Union Representation , Administrative Law

United States District Court

Lassen v. Hoyt Livery

Limousine Drivers Proved that Employer Violated FLSA

Time that a limousine driver spends traveling to pick up the first passenger of the day and time spent between scheduled assignments during the workday may count, for purposes of counting the number of hours worked per week.

3:13cv1529
Bolden, J.

Practice Areas: Labor and Employment , Wages and Hours

United States District Court

Dervishi v. Stamford Bd. of Educ.

Traveling Parents Received Chance To Participate in IEP's Development

If parents are unable or unwilling to participate in meetings to develop and to update an individualized education plan, either in person or via phone or teleconferencing, a board of education can tape its meetings and provide transcripts to the parents.

3:11cv1018
Eginton, J.

Practice Areas: Education Law

United States District Court

United States v. Cherry Hill Constr. Co.

Offer To Construct Affordable Housing, in Lieu of Fine, Rejected

An offer to construct affordable housing as a community service, in lieu of paying a fine to the United States Treasury, can be rejected, if the proposed community service is not designed to repair the harm caused by the defendant's criminal offense.

3:15cr2
Arterton, J.

Practice Areas: Criminal Law , White Collar Crime , Fraud (White Collar) , Corporate Sentencing , Taxation

United States District Court

Edible Arrangements Int'l v. 1-800-Flowers.com

Court Lacks Long-Arm Jurisdiction Over Staten Island Co.

Absent evidence that defendant regularly solicits business or derives substantial revenue from Connecticut, a court may not possess long-arm jurisdiction under Connecticut General Statutes §52-59b(a)(3)(A), even if defendant operates a Web site that has some interactive features.

3:14cv1744
Shea, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Intellectual Property , Trademarks , Infringement (Trademark)

Connecticut Appellate Court

Palkimas v. Fernandez

Homeowner Did Not Prove Flood and Freezing Temps Damaged Walls

In a battle of the experts, a court can credit the testimony of defendant's expert and find that plaintiff did not meet the burden to prove an unbroken sequence of events that tied plaintiff's injuries to defendant's conduct.

AC 36548
DiPentima, C.J.

Practice Areas: Residential and Commercial Real Estate , Evidence , Expert Witnesses , Insurance Law

Connecticut Appellate Court

Southhaven Assoc. v. McMerlin LLC

$433,430 Awarded for Breach of 10-Year Commercial Lease

In a breach-of-contract action, a damages award should place the injured party in the same position as he would have been in had the contract been properly performed.

AC 35834
Schaller, J.

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

Connecticut Appellate Court

Zilkha v. Zilkha

Ruling on Payment of GAL Fees from Funds in Escrow Reversed

Funds of the husband that were held in escrow belonged solely to the husband, and although the trial court could order the husband to pay fees for the guardian ad litem and attorney for the minor child, it lacked the authority to direct payment from the funds held in escrow.

AC 36499
Pellegrino, J.

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

Connecticut Appellate Court

Lawrence v. Cords

Husband Did Not Violate Clear and Unambiguous Court Order

A party must violate a clear and unambiguous court order, to be held in contempt of court.

AC 36589
Sheldon, J.

Practice Areas: Family Law

Connecticut Appellate Court

Stuart v. Blumenthal

Petitioner Claimed Attorney Did Not Raise Prosecutorial Misconduct

A new trial can be granted to prevent injustice in cases where the usual remedy of appeal does not lie or where, if there is an adequate remedy of appeal, the party has been prevented from pursuing it by fraud, mistake or accident.

AC 35870
Lavery, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

Rodriguez v. Comm'r of Correction

Inmate Lacked Liberty Interest in Security Risk Classification

Prison classification and eligibility for rehabilitation do not create a statutory or constitutional entitlement sufficient to invoke due process.

AC 36907
Per Curiam

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Astoria Fed. Mortgage Corp. v. Genesis Holdings

Foreclosure Court Exceeded Its Authority when It Granted Judgment

If the Bankruptcy Court lifts an automatic stay only so that the trial court can decide the "extent, validity and priority" of a mechanic's lien, the trial court may exceed its authority, if the court grants plaintiff's motion for summary judgment on foreclosure.

AC 36590
Beach, J.

Practice Areas: Creditors’ and Debtors’ Rights , Bankruptcy

Connecticut Appellate Court

Hosp. of Cent. Connecticut v. Neurosurgical Assoc.

Hospital Kept Making Payments Months after Contract Terminated

A plaintiff that continues to make payments to defendant eight months after the contract ends may not be able to recoup the payments by claiming unjust enrichment, if the payee furnished a return benefit of equal value.

AC 36272
Prescott, J.

Practice Areas: Contracts , Health Law

Connecticut Appellate Court

Mazier v. Signature Pools

Defendant Alleged Judge's Comments Polluted the Jury

A trial judge is not required to accept the jury's initial verdict and acts appropriately when it returns the jury to the deliberation room, after it points out inconsistencies in the verdict and interrogatory answers.

AC 36283
Bishop, J.

Practice Areas: Civil Procedure , Trial , Contracts , Breach , Torts

Connecticut Appellate Court

Beck and Beck v. Costello

Court Granted Motion To Strike Based on Facts Not in Counterclaim

A court cannot rely on facts not included in the counterclaim when it grants a motion to strike the counterclaim.

AC 36225
Sheldon, J.

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