Decisions

Recent Decisions

New Haven J.D., at Meriden

Dansker v. Whittaker

An adopted child can file an appeal from a decision of the Probate Court that the adopted child is not entitled to inherit from the estate of a biological parent.

Practice Areas: Trusts and Estates , Family Law , Guardianship

New Britain J.D., at New Britain

Persels and Associates LLC v. Department of Banking

An exemption to a license requirement for debt negotiation that applies to "any attorney admitted to the practice of law" in Connecticut who engages in debt negotiation may not exempt law firms.

Practice Areas: Administrative Law , Banking and Financial Institutions , Legal Profession

New Haven J.D., at New Haven

Cuozzo v. Philips

A court may disqualify an attorney from simultaneously representing a limited liability company and the majority owner of the limited liability company, if the majority owner has been accused of breach of fiduciary duty and mismanagement of finances.

Practice Areas: Legal Profession , Business Entities , Dissolution

New Haven J.D., at New Haven

Colasanto v. Hamden Zoning Board of Appeals

Economic hardship and hardships that are self-created do not qualify for variances from zoning regulations.

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

Hartford J.D., at Hartford

Gold v. Rowland

Class-action plaintiffs who protest the interpretation of the phrase "eligible statutory member," which insurance companies interpreted when they elected to distribute the proceeds of demutualization to the State of Connecticut, may not be required to file a claim within 30 days of official approval of a plan of conversion.

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

Hartford J.D., at Hartford

Vannostrand v. Boswell

A court can follow the reasonable recommendations of the guardian ad litem concerning custody and visitation and order each party to pay 50 percent of the guardian ad litem's fees.

Practice Areas: Family Law , Custody and Child Support

Windham J.D., at Putnam

Araujo v. Araujo

A court can order a parent to pay child support pursuant to an immediate wage execution.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Werme v. Peerless Insurance Co.

A court may award an additur for pain and suffering, if the jury's award of damages shocks the court's sense of justice.

Practice Areas: Torts , Damages , Motor Vehicles , Personal Injury , Insurance Law , Automotive

New Haven J.D., at New Haven

Davis v. Paradigm Healthcare

At a hearing in damages, a court may award damages for emotional distress that result from an alleged racial slur.

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

Fairfield J.D., at Bridgeport

Hoffkins v. D'Amato

A court can grant a prejudgment remedy application if, taking into account defenses, countervailing claims, set offs, exemptions and insurance, probable cause exists that judgment will be issued to the applicant.

Practice Areas: Family Law , Legal Profession , Attorney Fee Recovery , Civil Procedure , Provisional Remedies

New London J.D., at Norwich

Boggs v. Lynn

A court may award reasonable attorney fees for services provided by an attorney who represents a party pro bono.

Practice Areas: Legal Profession , Attorney Fee Recovery , Family Law , Custody and Child Support

U.S. District Court

Williamson v. Psychiatric Security Review Board

The 11th Amendment may not preclude suits against state officers in their official capacities, for prospective injunctive relief to prevent continuing violations of federal law.

Practice Areas: Constitutional Law , Criminal Law

U.S. District Court

McMiller v. Precision Metal Products Inc.

Allegations that as soon as a worker returned from a medical leave of absence she was demoted, that the employer refused to provide reasonable accommodations that a doctor had prescribed and that co-workers harassed and refused to speak to her, can be sufficient to allege discrimination on the basis of disability.

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination , Social Services Law , Workers’ Compensation

U.S. District Court

Marino v. EGS Electrical Group

Title VII is violated when a workplace is permeated with discriminatory intimidation, ridicule and insult that is severe or pervasive enough to alter conditions of employment.

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

U.S. District Court

Graves v. Chubb & Son Inc.

A worker may be "exempt" from requirements that govern overtime, if the worker: 1.) earns at least $455 per week; 2.) performs office or non-manual work directly related to management or general business operations; and 3.) exercises discretion and independent judgment on matters of significance.

Practice Areas: Labor and Employment , Hiring/Firing , Wages and Hours

U.S. District Court

Eastern Savings Bank v. Souphaphone

A District Court can possess federal diversity jurisdiction in a foreclosure suit, even if that deprives Connecticut homeowners of participation in the State of Connecticut's foreclosure mediation program.

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

U.S. District Court

Anthony v. Affiliated Computer Services

An arbitrator can enforce a 90-day statute of limitations in connection with an employee's arbitration claim, even if the parties' dispute resolution contract purports to preserve the parties' substantive rights.

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Discrimination , Race Discrimination , Civil Procedure , Statute of Limitations

U.S. District Court

In Re: Finnimore; Cardwell v. Finnimore

A debtor who allegedly files a false statement and fails to preserve pertinent books, documents, records and papers can violate 11 United States Code §727(a)(3).

Practice Areas: Bankruptcy , Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Passalugo v. Guida-Seibert Dairy Company

A workers' compensation commissioner is not required, as a matter of constitutional due process and fundamental fairness, to conduct an evidentiary hearing prior to terminating compensation benefits at the conclusion of an informal hearing conducted pursuant to Connecticut General Statutes §31-296.

Practice Areas: Social Services Law , Workers’ Compensation

Connecticut Appellate Court

Villages, LLC v. Enfield Planning and Zoning Commission

The Supreme Court's 2009 decision in Moraski v. Connecticut Board of Examiners of Embalmers & Funeral Directors instructs that a claim of bias must be raised at the first opportunity after the discovery of facts tending to prove bias and prejudice.

Practice Areas: Land Use and Planning

Connecticut Appellate Court

Czajowski v. YMCA of Metropolitan Hartford, Inc.

If presented with the proper exhibits and testimony, it is within the court's discretion to conclude that the average person possesses sufficient knowledge to determine whether a fence is unreasonably dangerous.

Practice Areas: Evidence , Expert Witnesses , Torts , Premises Liability

Connecticut Appellate Court

State v. Campbell

As explained in the 2013 Appellate Court case of State v. Burns, "counsel seeking to make the missing witness argument must first offer evidence to support the witness' availability and the court must make a finding that the witness was actually available to testify. . . ."

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Wells Fargo Bank, N.A., Trustee v. Strong

Connecticut's appellate courts have not required a foreclosure plaintiff to produce evidence of ownership deriving from a pooling and servicing agreement in making its prima facie case on summary judgment.

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

Connecticut Appellate Court

Di Teresi v. Stamford Health System, Inc.

A claim of emotional distress does not constitute an ascertainable loss of money or property for purposes of the Connecticut Unfair Trade Practices Act, Connecticut General Statutes §42-110a.

Practice Areas: Consumer Protection , Torts , Emotional Distress

Connecticut Appellate Court

Fairfield Merritview Limited Partnership v. Norwalk

The issue of standing implicates the court's subject matter jurisdiction and may be raised at any stage of the proceedings.

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

Connecticut Supreme Court

Greenwald v. Van Handel

Irrespective of whatever limits might be imposed by the wrongful conduct rule, it clearly would violate the public policy of Connecticut to impose a duty on a licensed clinical social worker to protect a therapy patient from injuries arising from the legal consequences of the patient's volitional criminal conduct, unlawful viewing and downloading of child pornography; plaintiff cannot recover for mental distress and economic damages arising from the legal consequences of his admitted serious criminality.

Practice Areas: Torts , Emotional Distress

Connecticut Supreme Court

Statewide Grievance Committee v. Ganim

Criminal misconduct committed by an attorney while holding public office, in abuse of the public trust, is particularly egregious and creates a daunting obstacle to proving rehabilitation and present fitness to practice law.

Practice Areas: Legal Profession

Connecticut Supreme Court

State v. Pierre

Because the defendant lacked control over the access of others to the attic area of a multi-tenant rooming house, he did not have an expectation of privacy in that space that society would recognize as reasonable.

Practice Areas: Criminal Law

Connecticut Supreme Court

State v. Gonzalez

In State v. Bennett, the 2013 Supreme Court explained that under the Pinkerton doctrine, "a coconspirator's intent to kill may be imputed to a defendant who does not share that intent . . . " but, "to be guilty as an accessory one must share the criminal intent and community of unlawful purpose with the perpetrator of the crime and one must knowingly and willfully assist the perpetrator in the acts which prepare for, facilitate or consummate it. . . ."

Practice Areas: Criminal Law

Connecticut Supreme Court

State v. DeMarco

Imposing upon officers, responding to an emergency situation, the obligation to contact the station and obtain information that may be in a police file, is not consistent with the purpose of the emergency exception to the fourth amendment's warrant requirement.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Board of Mediation and Arbitration

Town of Ledyard and AFSCME, Council 15, Local 2693L

Arbitrators can find that a police officer's placement on unpaid administrative leave may qualify as discipline.

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 Enfield and AFSCME, Council 15, Local 798

A municipality that orders an off-duty police officer to pull over, in response to a false report of operating under the influence, may not be required to pay the police officer overtime.

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 New Britain and IAFF, Local 992

Arbitrators can enforce a minimum manning clause in a memo or a collective bargaining contract, even if one party alleges that the minimum number was recorded incorrectly and constitutes a typo.

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

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

Osei-Wusu v. Holder

To establish a well-founded fear of persecution in the absence of any evidence of past persecution, an individual must prove that authorities in his country of nationality are either aware of his activities or likely to become aware.

Practice Areas: Immigration Law

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

Edris v. Holder

Willful misrepresentation of a material fact, to obtain an immigration benefit, can make an alien inadmissible, pursuant to 8 United States Code §1182(a)(6)(C)(i).

Practice Areas: Immigration Law , Evidence

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

Lewis v. City of Norwalk

Isolated incidents generally will not be sufficient to establish hostile-work environment, unless they are extraordinarily severe.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Sexual Harassment

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

U.S. v. Candelario

Evidence that a defendant was extremely nervous and repeatedly requested that his wife be allowed to take his motor vehicle and leave the scene can be sufficient to find that the defendant had "constructive possession" of drugs in the motor vehicle.

Practice Areas: Criminal Law

Stamford/Norwalk J.D., at Stamford

Reice v. O'Sullivan

Continued legal representation on another matter may not be sufficient toll the statute of limitations, which requires continued representation on the same legal matter.

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

Mashantucket Pequot Tribal Court

Osfield v. Mashantucket Pequot Gaming Enterprise

Inclusion of prior discipline may not constitute reversible error, unless evidence of prior discipline destroys the integrity of the review process, pursuant to Sherman v. Mashantucket Pequot Gaming Enterprise, a 2012 decision of the Mashantucket Pequot Court of Appeals.

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

Mashantucket Pequot Tribal Court

Mashantucket Pequot Gaming Enterprise v. McDuffee

The Mashantucket Pequot Board of Review can find that discharge for briefly abandoning a job to talk to a customer is overly harsh and reduce the discharge to a suspension without pay.

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

Mashantucket Pequot Court of Appeals

Malouf v. Mashantucket Pequot Gaming Enterprise

To prevail on negligence, a slip-and-fall plaintiff may be required to prove that a property owner knew or should have known about a condition that caused the plaintiff's fall, and that the defendant failed to remedy the condition, although it had enough time.

Practice Areas: Native American Law , Torts , Personal Injury , Premises Liability

Waterbury J.D., at Waterbury

Desmornes v. Towers

Absent an obvious hazard to customers, a pet store may not owe a duty to place a store sign away from the entrance to the pet store.

Practice Areas: Torts , Personal Injury , Premises Liability

Waterbury J.D., at Waterbury

R.T. Vanderbilt Co. Inc. v. Hartford Accident & Indemnity Co.

"Traditional" environmental exclusion clauses that exclude insurance coverage for "discharge, dispersal, release, or escape" of pollutants may not exclude coverage for alleged exposure to asbestos in talc.

Practice Areas: Insurance Law , Policy Terms

Stamford/Norwalk J.D., at Stamford

Perry v. Perry

A court can deny a motion to modify an order to sell, to permit one party to purchase the interest of the other party, and order the parties to sell "as is" and to reduce the price 3 percent per month.

Practice Areas: Family Law

New Britain J.D., at New Britain

Churchill v. Farmington Woods Master Association Inc.

An exception to the rule that requires exhaustion of administrative remedies and the release of jurisdiction from the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission, prior to filing a civil complaint, may exist if there is an "identity of interests."

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

Hartford J.D., at Hartford

Carson v. Department of Children and Families

Free-speech rights under the state constitution may be more expansive than those under the federal constitution, and Garcetti v. Ceballos and other federal precedents may not apply to state constitutional free-speech claims.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Age Discrimination , Disability Discrimination , Constitutional Law , Social Services Law , Workers’ Compensation

Ansonia/Milford J.D., at Milford

State v. Ojuma

A sentencing court or judge can, after hearing and for good cause shown, reduce a sentence, pursuant to Connecticut General Statutes §53a-39(a).

Practice Areas: Criminal Law , Immigration Law

New Haven J.D., at New Haven

Moye v. Warden

A defendant may not be competent to plead guilty, if a mental illness has substantially impaired the defendant's ability to make a reasoned choice.

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Park Avenue Group Consulting LLC v. Maffe

The usual recovery for breach of contract, after the plaintiff proves formation of an agreement, performance by one party, breach by the other party and damages, is the contract price or the loss of profits.

Practice Areas: Contracts , Breach

Hartford J.D., at Hartford

Bratter v. Nova 22 Construction Inc.

Conversion is an unauthorized assumption and exercise of the right of ownership over goods belonging to another, and allegations that a contractor converted money that a homeowner provided to build an addition may be insufficient to state a claim.

Practice Areas: Contracts , Breach , Torts , Intentional Torts , Conversion

Stamford/Norwalk J.D., at Stamford

Manzo-Ill v. Schoonmaker

Even if a receptionist and a paralegal lack authority to accept service on behalf of a law firm, involvement of a partner at the time of service may result in service on the person "in charge of the office," for purposes of Connecticut General Statutes §52-57(c).

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Legal Profession , Attorney Fee Recovery , Attorney Malpractice

Stamford/Norwalk J.D., at Stamford

Itha v. Stafford

Practice Book §13-5 permits a court the discretion, "for good cause shown," to grant a stay of discovery to protect a party from "annoyance, embarrassment, oppression, or undue burden or expense."

Practice Areas: Civil Procedure , Discovery , Motion Practice , Torts , Personal Injury , Motor Vehicles , Criminal Law , Motor Vehicles (Criminal)

Danbury J.D., at Danbury

Danbury Hospital v. Bilbud

A trial court may exercise its discretion on whether it is fair and equitable to award interest to a successful plaintiff.

Practice Areas: Civil Procedure , Health Law , Creditors’ and Debtors’ Rights

Norwalk/Stamford J.D., at Stamford

The Nature Conservancy v. Three Feathers LLC

Allegedly, the defendants placed debris, stone, dirt or gravel in a branch of the Saugatuck River, in an attempt to create a road crossing on property owned in part by the plaintiff, The Nature Conservancy of Connecticut, and in part by the defendant, Seventh Cross.

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

U.S. District Court

U.S. v. Pellegrino

In extreme or unusual cases, a District Court possesses the discretion to order the expungement of criminal charges from the record.

Practice Areas: Criminal Law

U.S. District Court

Figgs v. Arnone

Allegations that corrections officials called the plaintiff inmate a "baby killer," and that another inmate who escaped from his handcuffs assaulted the plaintiff, may be insufficient to allege a claim for deliberate indifference to safety, in violation of the Eighth Amendment to the U.S. Constitution.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

U.S. District Court

Alston v. Murphy

Courts have upheld requirements that prisoners wear handcuffs when recreating, if prisoners have some opportunity to exercise, inside or outside the prisoners' cells.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

U.S. District Court

Roman v. City of Hartford

A court can deny as overly broad a request that the plaintiff's expert produce a copy of every expert written report that he has written on any topic in the past decade.

Practice Areas: Civil Procedure , Discovery , Evidence , Expert Witnesses , Privileges

U.S. District Court

Colon v. Metro-North Commuter Railroad Co.

An individual can place his psychological condition and substance abuse in issue, if the individual admits that he underwent methadone treatment and smoked marijuana before he was injured and claims that he was not able to comprehend the potential danger of climbing a tower that supported high-voltage electric wires.

Practice Areas: Civil Procedure , Discovery , Evidence , Privileges , Torts , Personal Injury , Premises Liability

U.S. District Court

M.A. v. Torrington Board of Education

Plaintiff parents who allege that their child was denied a free and appropriate public education may request an award of reasonable attorney fees, pursuant to 20 United States Code §1415(i)(3)(B)(i)(I).

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

Connecticut Appellate Court

Gleason v. Smolinski

Because the context and placement of posters were designed to "hound" the plaintiff into providing information about her ex-boyfriend's disappearance, rather than to raise a matter of public concern, the conduct, targeting the plaintiff, was not protected speech and the U.S. Supreme Court's 2011 decision in Snyder v. Phelps, regarding picket signs displayed at soldiers' funerals, was distinguished.

Practice Areas: Constitutional Law , Torts , Intentional Torts , Defamation

Connecticut Appellate Court

Silver v. Holtman

Connecticut General Statutes §7-24 clearly and unambiguously addresses the responsibilities of the town clerk and manner in which to record an instrument presented for record; C.G.S. §7-24(d) does not set forth the requirements for an affidavit of fact or provide that the present owner of the property be stated on the affidavit.

Practice Areas: Residential and Commercial Real Estate

Connecticut Appellate Court

Cimmino v. Marcoccia

That the plaintiff purports to sue the defendant state officials only in their individual capacities is not, in itself, determinative of whether the state is the real party in interest.

Practice Areas: Torts

Connecticut Appellate Court

Martowska v. White

Mootness depends on whether an actual controversy exists between the parties; the court's ability to issue temporary visitation orders without considering a parent's psychological evaluation did not render that evaluation moot when an actual controversy continued to exist regarding a final visitation schedule.

Practice Areas: Family Law

Connecticut Appellate Court

State v. King

An appellate court cannot affirm a conviction based on an argument newly fashioned after conviction and not presented at trial.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Graham S.

The statutory structure suggests that the legislature, through Connecticut General Statutes §53a-64bb(b), intended to permit a conviction for strangulation, assault or unlawful restraint, but not convictions for all three when charged in the same information and stemming from the same incident.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Delvecchio v. Commissioner of Correction

To establish prejudice in a habeas claim arising from counsel's advice during the plea process, the petitioner must demonstrate, as stated in the 1985 U.S. Supreme Court case of Hill v. Lockhart, "that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial."

Practice Areas: Criminal Law

Connecticut Appellate Court

Manning v. Feltman

Bankruptcy courts have held that unscheduled notes or mortgages remain the property of the bankruptcy estate even after the case is closed and the plaintiff lacked standing to bring this foreclosure action after failing to list the subject note and mortgage on his bankruptcy schedules, resulting in the property remaining that of the bankruptcy estate.

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

Connecticut Appellate Court

Meadowbrook Center, Inc. v. Buchman

Under Connecticut law, the causation standard applicable to breach of contract actions asks not whether a defendant's conduct was a proximate cause of the plaintiff's injuries, but rather whether those injuries were foreseeable to the defendant and naturally and directly resulted from the defendant's conduct.

Practice Areas: Contracts , Social Services Law , Medicare/Medicaid , Elder Law

Connecticut Appellate Court

Gaynor v. Hi-Tech Homes

As explained in the 2010 Connecticut Supreme Court case of Naples v. Keystone Building & Development Corporation, "not every contractual breach rises to the level of a CUTPA violation," a violation of the Connecticut Unfair Trade Practices Act, Connecticut General Statutes §42-110a.

Practice Areas: Contracts , Consumer Protection

Connecticut Appellate Court

Pachaug Marina and Campground Association, Inc. v. Pease

In the 2008 case of Chapman Lumber, Inc. v. Tager, the Connecticut Supreme Court explained that "[b]ecause opening a judgment is a matter of discretion, the trial court [is] not required to open the judgment to consider a claim not previously raised."

Practice Areas: Civil Procedure , Judgments , Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Herasimovich v. Town of Wallingford

Public notice is only required as to issues related to the action that the agency proposes and a party cannot be permitted to expand the scope of an administrative hearing and then on appeal, claim error when the notice does not encompass the issues he introduced.

Practice Areas: Administrative Law , Land Use and Planning

State Elections Enforcement Commission

Complaint by: Nelson

Registrars of voters can be held responsible to make certain that elections officials count votes for write-in candidates, pursuant to Connecticut General Statutes §9-265.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Benedict

A candidate who votes on Election Day is required to immediately exit the polls and may not linger.

Practice Areas: Administrative Law , Election and Political Law

Office of the Attorney General

Letter to: Bolton

A guarantee or surety bond issued pursuant to §22a-449(d)-109 is valid and enforceable in Connecticut provided that the guarantee or surety contract meets requirements in Connecticut underground storage tank regulations, includes the elements of a valid contract, and is made in Connecticut by an authorized insurer.

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

Godbout v. Guglielmo

The street address and telephone number of a person sending a letter to a state legislator concerning a pending piece of legislation relates to enacting legislation or making laws, because it reveals whether such person is a constituent of a given legislator and constitutes public records within the meaning of Connecticut General Statutes §1-200(5).

Practice Areas: Administrative Law

Freedom of Information Commission

Godbout v. Ayala

The Freedom of Information Commission's Advisory Opinion #90 concludes that correspondence received by a legislator that relates directly or indirectly to enacting legislation or making laws, constitutes information relating to the public's business and, therefore, falls within the definition of a public record.

Practice Areas: Administrative Law

Freedom of Information Commission

DeBow v. Acting Chief Information Officer, Metro Hartford Information Services

The fact that a request is "burdensome" does not relieve a respondent agency from its obligations under the Freedom of Information Act.

Practice Areas: Administrative Law

Citizen's Ethics Advisory Board

Advisory Opinion 2014-4

A representative for the state may accept outside work, provided that he is hired because of his expertise, as opposed to his work as a representative, and he does not vote on legislation that will affect the outside company or entity, if his position will be uniquely affected.

Practice Areas: Administrative Law , Election and Political Law

Citizen's Ethics Advisory Board

Advisory Opinion 2014-3

A "communicator lobbyist" is an individual, and although a business organization can hire communicator lobbyists, it may not be a communicator lobbyist.

Practice Areas: Administrative Law , Election and Political Law

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

United States v. $829,422.42 Currency

A financial institution that receives and retransmits money and that lacks any relationship with entities that wire the money may not possess standing to appeal a District Court's decision in a civil forfeiture action.

Practice Areas: Criminal Law

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

U.S. v. Davis

When considering whether a prior conviction qualifies as a "crime of violence," a District Court may rely on the defendant's plea colloquy, in which he admitted that he intentionally struck the victim.

Practice Areas: Criminal Law

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

Doe v. Waraksa

Allegations that a municipal volunteer engaged in sexual abuse and that the victim did not resist, because the volunteer used his power as a volunteer supervisor, may be insufficient to allege the volunteer acted under "color of law," in violation of 42 United States Code §1983.

Practice Areas: Civil Rights , Torts , Intentional Torts , Assault

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

Fracasse v. People's United Bank

Although federal jurisdiction would exist, if vindication of a state-law right turned on a question of federal law, references to a federal statute, pled as a public policy consideration attendant to a common-law claim, may not provide a basis for federal jurisdiction.

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

Ansonia-Milford J.D., at Milford

Syc v. Boudreau

Allegations that a grandchild suffered emotional distress as a result of observing injuries to a grandfather can be sufficient to allege a cause of action for bystander emotional distress.

Practice Areas: Torts , Emotional Distress , Personal Injury , Premises Liability , Landlord/Tenant Law

Middlesex J.D., at Middletown

Beebe v. Wilson

To prevail in a suit that alleges negligent failure to train, supervise and intercede, plaintiffs may be required to prove duty, breach of that duty, causation and actual injury.

Practice Areas: Torts , Personal Injury , Premises Liability

Waterbury J.D., at Waterbury

Sowell v. DiCara

A law firm may be able to simultaneously represent a corporate defendant and individual defendants, if the corporation's board of directors ratifies the conduct of the individual defendants, and the interests of the named defendants are aligned.

Practice Areas: Legal Profession

Hartford J.D., at Hartford

Holmes v. Holmes

A court may disqualify an attorney who is a relative of one of the parties and who is likely to be called as a witness on contested custody issues.

Practice Areas: Legal Profession , Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Fine v. Town of Westport

The fact that a union contract may prohibit a particular form of benefit did not mean that the benefit itself violated the prohibition against public emoluments in Article First, §1 of the Connecticut Constitution.

New Britain J.D., at New Britain

A. Gallo & Co. v. Department of Revenue Services

Connecticut's Bottle Bill requires that distributors maintain a special account for each 5-cent deposit, and that the special accounts are held "in trust for the state" of Connecticut.

Practice Areas: Election and Political Law , Taxation , Environmental Law

Fairfield J.D., at Bridgeport

O'Brien v. O'Brien

A court can find that a party who allegedly acts on advice of counsel when he exercises stock options and sells stock, in violation of the court's automatic orders, is not in contempt of court.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Napolitano v. Napolitano

A court can find one party at greater fault for the breakdown of the marital relationship. The parties married on July 4, 1998 in Las Vegas, Nevada and have two minor children, one of whom has special needs.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

McGill v. Pyne

A court can approve a parent's motion to relocate with a minor child, if the proposed relocation is for a legitimate purpose, such as obtaining help from family, and if relocation is in the best interests of the minor child.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Debaise v. Debaise

Bias may be insufficient to disqualify an expert witness, pursuant to Connecticut General Statutes §52-145(a).

Practice Areas: Evidence , Expert Witnesses , Family Law

New Haven J.D., at New Haven

Martino v. Bay Crane Service of CT Inc.

Any employer who disciplines a worker for the exercise of rights guaranteed by the First Amendment may be required to pay damages to the employee, pursuant to Connecticut General Statutes §31-51q.

Practice Areas: Labor and Employment , Hiring/Firing , Transportation

Stamford/Norwalk J.D., at Stamford

Nettles v. Vazquez

An individual who willfully violates a clear and unequivocal court order may be held in contempt of court.

Practice Areas: Civil Procedure , Provisional Remedies , Family Law , Legal Profession

New Haven J.D., at New Haven

Ebenezer Chapel Inc. v. Oliver

A court may exercise its discretion to order a permanent injunction, if a plaintiff proves irreparable harm and lack of an adequate remedy at law.

Practice Areas: Civil Procedure , Judgments , Torts , Intentional Torts , Assault

U.S. District Court

Garcia v. Hebert

To prevail on a §1983 civil conspiracy claim, a plaintiff must prove: 1.) agreement between state actors, or between a state actor and a private individual; 2.) to inflict an unconstitutional injury; and 3.) an overt act in furtherance of that goal.

Practice Areas: Torts , Intentional Torts , Abuse of Process , Civil Rights , Constitutional Law

U.S. District Court

Prizio v. Lincoln National Life Insurance Co.

An insurance company that proves it is prejudiced by the failure to file claims timely may deny coverage for disability benefits.

Practice Areas: Insurance Law