Recent Decisions

New Britain J.D.

Chief Disciplinary Counsel v. Rivera

Attorney Placed on Probation for One Year

An attorney was negligent in his maintenance of a separate account for client funds and in advocating on behalf of clients.

CV16-6034826
D'Addabbo, J.

Hartford J.D., at Hartford

Leth v. Halloran & Sage, LLP

Emotional Distress Allegedly Caused by Legal Counsel's Breach of Fiduciary Duty

Plaintiff stated viable causes of action for negligent infliction of emotional distress based legal counsel's alleged breach of fiduciary duty.

CV16-6068019
Noble, J.

Stamford/Norwalk J.D., at Stamford

Connecticut Automotive Retailers Association, Inc. v. Town of Greenwich Planning and Zoning Board of Appeals

Automobile Retailers' Association Lacked Standing to Appeal Zoning Decision Favoring Competitor

A zoning decision that allowed a competing automobile manufacturer to display its products in a retail neighborhood not zoned for auto sales did not aggrieve the members of an automobile retailers association sufficient to give that association standing to challenge the zoning board's decision.

CV16-6028483
Heller, J.

Middlesex J.D., at Middletown

Muckle v. Pressley

Insurer's Release of Subrogation Claim Did Not Cover Damages Not Covered Under Policy

An insurer's release of its subrogation claim against a tortfeasor could not encompass claims by its insured that fell outside the coverage afforded under its policy.

CV15-6013126
Vitale, J.

Ansonia/Milford J.D., at Milford

Andrews v. City of Shelton

School Officials Immune From Liability for Student's Assault

A student who was assaulted outside her school was unable to show that the identifiable person-imminent harm exception applied so as to defeat the school officials' claim of governmental immunity.

CV15-6019773
Stevens, J.

New Britain J.D.

Golden Circle District, Inc. v. Administrator, Unemployment Compensation Act

Salespeople Properly Deemed Employees And Not Independent Contractors

A company's inability to show that its salespeople were customarily engaged in the same trade independent of their relationship with the company defeated its claim that the salespeople were independent contractors, rather than employees.

CV16-5017202
Tanzer, J.T.R.

New London J.D., at New London

Frechette v. Athena Health Care Associates, Inc.

Filing of Complaint With Workers' Compensation Commission Barred Civil Complaint

A plaintiff who filed a complaint with the Workers' Compensation Commission (WCC) was barred from seeking the same relief in the court.

CV16-6026876
Bates, J.

New London J.D., at New London

Fashion Outlets at Foxwoods, LLC v. GGH Management, LLC

Members of Limited Liability Company Lacked Standing to Participate in LLC's Lawsuit

The members of a limited liability company failed to show that they had independent interests in the litigation sufficient to confer standing.

CV15-6025330
Bates, J.

New London J.D., at New London

Pettini Contracting Corporation v. Carol R. Johnson Associates, Inc.

Res Judicata And/Or Collateral Estoppel Barred Contractor's Claims Against Engineering Firms

Engineering firms that designed the plans for a municipal construction project were in privity with the town for purposes of a contractor's claims against both the town and the engineers that the plans were defective.

CV14-6022452
Vacchelli, J.

Hartford J.D., at Hartford

Loureiro Engineering Associates, Inc. v. KBE Building Corporation

Contractor's Execution of Lien Waiver Precluded Subsequent Filing of Lien

A contractor's execution of a lien waiver barred enforcement of its subsequently filed lien.

CV16-6065326
Scholl, J.

Fairfield J.D., at Bridgeport

Leggiardo v. Coface North America Insurance Company

Special Defenses Needed to Be Supported by Facts

Special defenses that were supported by specific allegations of fact were legally sufficient.

CV16-6056760
Arnold, J.

Stamford/Norwalk J.D., at Stamford

Abrams v. PH Architects, LLC

No Merit to Homeowner's Claims of Malfeasance Against Contractors

A homeowner failed to substantiate claims of malfeasance by both the architectural firm and construction company hired to do home improvements.

CV12-6015437
Adams, J.T.R.

New Haven J.D., at New Haven

Pfister v. Madison Beach Hotel, LLC

Subpoena for Association's Membership Records Infringed Plaintiffs' Constitutional Right of Association

Defendant's subpoena for an a non-profit association's records, including membership records, infringed the constitutional right of association of those members who were plaintiffs in this action.

CV15-6055458
Wilson, J.

Waterbury J.D., at Waterbury

A Better Way Wholesale Autos, Inc. v. Smith

Abstention Doctrine Barred Resolution of Pending Federal District Court Matter

The doctrine of abstention precluded entertaining a party's state court application to vacate an arbitration award pending resolution of opposing party's previously filed motion in federal district court to confirm that same award.

CV16-6032761
Taylor, J.

United States District Court

Greene v. City of Norwalk

No Relief Granted for Parties' Dilatory Conduct

Parties' dilatory conduct did not warrant sanctions of barring plaintiff's expert testimony or striking defendants' answers, but also counseled against granting plaintiff's motion to reopen discovery.

3:14-cv-1016
Bryant, J.

United States District Court

Reaes v. City of Bridgeport

Employer's Candidate Screening Practices Not Shown To Be Discriminatory

An unsuccessful job candidate failed to carry his burden of proof that defendant's method of screening job candidates was discriminatory.

3:13-cv-1508
Martinez, J.

United States District Court

Metcalf v. Yale University

Prior Sexual Misconduct Complainants' Privacy Needed to Be Protected

Disclosure of prior employee complaints of sexual misconduct needed to be tailored so as to protect the privacy of those employees.

3:15-cv-1696
Bolden, J.

United States District Court

Thompson v. Rovella

Claims of Civil Rights Violations Time-Barred

A wrongfully incarcerated plaintiff's claims of civil rights violations and other torts were time-barred.

3:15-cv-1742
Bryant, J.

Connecticut Appellate Court

Chang v. Chang

Premarital Agreement Did Not Bar Award of Alimony

A premarital agreement's failure to reference alimony could not be construed as a waiver of any claim to alimony.

AC 38201
Alvord, J.

Connecticut Appellate Court

Deutsche Bank National Trust Company v. Pardo

Loan Modification Agreements Did Not Render Promissory Note Non-Negotiable Instrument

Defendant's claims of error in rulings dismissing his motion to open a judgment of strict foreclosure and denying his motion to dismiss the action for lack of subject matter jurisdiction were without merit.

AC 38127
Lavery, J.

Connecticut Supreme Court

Norwalk Police Union, Local 1727, Council 15, AFSCME, AFL-CIO v. City of Norwalk

Question of Whether Police Officer's Reassignment Constituted Discipline Was Purely Question of Fact

The question of whether or not a police officer's reassignment constituted disciplinary action was purely a question of fact and was thus not subject to judicial review.

SC 19667
Rogers, C.J.

New Haven J.D., at New Haven

Markowitz v. Villa

Tortious Interference with Expected Inheritance Is Viable Cause of Action

Tortious interference with expected inheritance is a viable cause of action in Connecticut and does not require a showing of exhaustion of probate court remedies, but must nonetheless be supported by allegations of (1) the existence of an expected inheritance, (2) defendant's knowledge of the expected inheritance, (3) tortious conduct by the defendant, and (4) actual damages resulting from defendant's conduct.

CV16-6060963
Wilson, J.

New Britain J.D.

The Stop & Shop Supermarket Company, LLC v. City of Norwalk

City Assessor's Valuation of Commercial Property Excessive

The fair valuation of four parcels of real property was lower than that determined by the city's assessor.

CV14-6026514
Aronson, J.T.R.

New Britain J.D.

Tajmajer v. Safeco Insurance Company

Jury Verdict Legally Inadequate that Awarded Economic Damages for Injury but No Noneconomic Damages

A jury verdict that awarded plaintiff damages for extensive medical treatment but found he suffered no pain or discomfort was inherently flawed, warranting the extraordinary remedy of additur.

CV15-6028512
Morgan, J.

Stamford/Norwalk J.D., at Stamford

Harris v. Elliott

Pedestrian Injured by Motor Vehicle Entitled to Prejudgment Remedy and Attachment

Pedestrian who was struck by motor vehicle was entitled to a pre-judgment remedy of $300,000.

CV16-5015714
Povodator, J.

Hartford J.D., at Hartford

Coleman v. Kirby

Landlord Not Required to Remediate Snow and Ice While Storm was Ongoing

A landlord could not reasonably be expected to remediate snow and ice either while a storm was ongoing, or less than 10 minutes after it stopped.

CV15-6062602
Elgo, J.

Hartford J.D., at Hartford

Lazuk v. First Student, Inc.

Felony Conviction for Tax Fraud Did Not Establish Incompetence to Operate Motor Vehicle

A single prior collision, a written warning, and a felony conviction for tax fraud did not establish a school bus driver's incompetence to drive a motor vehicle.

CV15-6059825
Dubay, J.

Hartford J.D., at Hartford

Marshall v. State of Connecticut

Patient's Trip and Fall in Office Not Result of Dentist's Exercise of Medical Judgment

A dental patient's trip and fall in the dentist's office was not shown to result from the dentist's exercise of medical judgment.

CV14-6054713
Noble, J.

Stamford/Norwalk J.D., at Norwalk

Success Systems, Inc. v. Sottile

Collateral Estoppel Barred Plaintiff from Relitigating Previously Decided Claim

A court order finding defendant had complied with the terms of a settlement barred a second lawsuit making the same allegation of noncompliance.

CV15-6025883
Lee, J.

Fairfield J.D., at Bridgeport

Fitzgerald v. City of Bridgeport

Civil Service Commission Lacked Authority to Approve New Position In Police Department

A police officer placed in an unauthorized position as police lieutenant could not be deemed to have served in that position so as to qualify for a subsequent exam for promotion to captain, even though he sat for and passed the exam.

CV15-6052664
Hartmere, J.T.R.

Litchfield J.D.

Killiany v. Bouchard

Husband Entitled To Compensation for Wife's Intentional Damage to Marital Home

Husband was entitled to compensation for wife's intentional damage to the marital home prior to vacating.

FA15-5007830
Dooley, J.

Superior Court for Juvenile Matters, at Waterford

In re Estrella D.

Incarcerated Parent's Criminal History Warranted Termination of Parental Rights

An incarcerated parent's criminal history, repeated acts of domestic violence in the presence of his minor children, and steadfast refusal to acknowledge the trauma these acts inflicted on his children warranted termination of parental rights.

CP15-014088
Driscoll, J.

New Haven J.D., at New Haven

Gottlick v. Gottlick

Wife's Cohabitation with Boyfriend Did Not Warrant Reduction in Alimony

Wife's cohabitation with her boyfriend did not reduce her expenses so as to justify a reduction in alimony; nonetheless, husband's dire financial situation warranted some relief.

FA13-4056806
Shluger, J.

New Britain J.D.

Duane W. v. Department of Children and Family Services

History of Abuse and Neglect Warranted Couple's Placement On Central Registry as Persons Who Pose Risk to Children

A couple's history of abusing and neglecting the children in their case amply supported their placement on the Department of Children and Families' central registry as persons who pose a risk to children.

CV15-5017060
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Francois v. Norwalk Police Department

Victim's Testimony Undermined Claim of Wrongful Arrest

An alleged assault victim's testimony at trial undermined the plaintiff's claim of wrongful arrest.

CV15-5014644
Povodator, J.

Complex Litigation Docket at Hartford

Mendez v. JPMorgan Chase Bank, N.A.

Jury Acted Within Discretion in Awarding Only $5 for Contents of Foreclosed Home

A jury acted within its discretion in awarding plaintiffs only $5 for the contents of their home.

CV14-6049524
Sheridan, J.

Stamford/Norwalk J.D., at Stamford

United Security, Inc. v. Computronix, Inc.

No Entitlement to Prejudgment Remedy Absent Showing of Probable Cause of Prevailing on Claims

An inadequate showing of probability of prevailing on the merits of its claims warranted denial of a plaintiff's application for prejudgment remedy.

CV16-5015655
Jacobs, J.

Middlesex J.D., at Middletown

Nedovich v. Brennan

Bailee Liable to Bailor For Damaged Goods

A bailee was liable to the bailor for the value of goods damaged while in his possession.

CV14-6012728
Domnarsky, J.

Hartford J.D., at Hartford

Mina v. Connecticut Children's Medical Center

Defendant's Claim of Lack of Jurisdiction Necessitated Supplemental Briefing

At issue in this case was whether there was an issue of fact in dispute on the question of jurisdiction and whether it needed to be resolved before the court might rule on the issue of mootness.

CV16-6064355
Elgo, J.

United States District Court

Deleon v. Dollar Tree Stores, Inc.

Employee Who Failed to Opt Out Bound by Employer's Arbitration Agreement

An employee who failed to opt-out of her employer's newly instituted arbitration program was bound by that program, and was required to submit her claims to arbitration.

3:16-cv-767
Haight, J.

United States District Court

Billie v. Credit Collection Services, Inc.

Assertion That Debt Was Incurred "For Personal, Family or Household Purposes" Insufficient to State Claim Under FDCPA

The mere conclusory assertion that a debt was incurred "for personal, family or household purposes" is insufficient to state a claim for violation of the Fair Debt Collection Practices Act (FDCPA).

3:16-cv-786
Bolden, J.

Connecticut Appellate Court

In re Larry D.

Allegedly Erroneous Admission of Parent's Psychological Evaluation Harmless Error

The allegedly erroneous admission of a psychological evaluation was harmless because the trial court would have issued the same ruling even in the absence of the evaluation.

AC 39478
Flynn, J.

Connecticut Appellate Court

Izzo v. Quinn

Failure to Name Necessary Party Does Not Deprive Court of Subject Matter Jurisdiction

Because failure to name a necessary party does not deprive the court of subject matter jurisdiction, the appropriate remedy is to strike, rather than dismiss, the complaint and allow the complainant to replead.

AC 37510
Mullins, J.

Connecticut Appellate Court

Hammer v. Posta

Lack of Transcript Defeated Claim of Improper Denial of Oral Request for Jury Trial

Lack of a transcript defeated defendants' claim that the trial court improperly denied an oral request for a jury trial.

AC 38194
Alvord, J.

Connecticut Appellate Court

Gordon v. Gordon

No Error in Ruling on Summary Judgment Motion Prior to Filing of Answer or Special Defenses

The trial court did not err in ruling on a motion for summary judgment prior to the filing of an answer or special defenses.

AC 38343
Keller, J.

Compensation Review Board

Arnold v. Walsh PCL Joint Venture II

Credible Testimony Supported Finding that Workplace Injury Was Not Result of Misconduct

Claimant presented credible testimony that his workplace injury was not the result of willful and serious misconduct.

6052 CRB-3-15-11
Mastropietro, Walker, and Salerno

J.D. of Stamford/Norwalk at Stamford

3Can, LLC v. Manero

LLC Member Had Standing to Sue

The plaintiff, a Connecticut LLC, sued former managing members, alleging failure to pay property taxes, vexatious litigation, civil theft, failure to make various corporate filings, and for attorney's fees.

CV-16-6028562
Lee, J.

J.D. of Waterbury at Waterbury

Denaul v. Comm. Mntl. Hlth. Affiliates

Employee Established Work Environment Hostile

Plaintiff worked for the defendant company from April 2012 to May 2015 as vice president of human resources and alleged that her supervisor, engaged in a pattern of ongoing and consistent sexual harassment involving her and other female employees.

CV-16-6030713-S
Shah. J.

Hartford J.D., at Hartford

Greene v. Quraishi

Medical Facility Not Vicariously Liable For Clinical Decisions Of Private Contracting Physician

A medical facility was not vicariously liable for the clinical decisions of a physician who contracted to treat patients at its facility.

CV13-6045815
Peck, J.T.R.

New Haven J.D., at New Haven

Rosemary Costanzo Trust, Settled December 12, 1991 v. Planning & Zoning Commission Town of Bradford

Traffic studies not required to reference each street in neighborhood bordering proposed development

Traffic studies pertaining to a proposed development were not shown to be flawed merely for failure to specifically reference all streets in the surrounding community.

CV16-6060514
Robinson, J.

Hartford J.D., at Hartford

United Ohio Insurance Company v. Durafloor Industrial Flooring and Coating, Inc.

Liability Coverage For "Advertising" Injuries Did Not Encompass Claim For Misappropriation Of Trade Secrets

A third party's claim of misappropriation of trade secrets was not covered under a business liability policy providing coverage for injuries caused by advertising.

CV15-6062735
Noble, J.

Hartford J.D., at Hartford

Wood-Ellis v. Ellis

Independent Trucker's Claim That Two-Thirds Of Income Went To Expenses Found Credible

Husband's claim that some two-thirds of his income as an independent truck driver had to be applied to business expenses was found to be credible.

FA16-5041644
Adelman, J.T.R.

Superior Court for Juvenile Matters, at Waterford

In re K.V.

Father's Assault on Minor's Half-Sibling Warranted Termination of Parental Rights

Father's prior assault on minor's half-sibling, in the minor's presence, provided grounds for termination of father's parental rights, and minor's ongoing fear and anxiety regarding father supported that disposition.

CP15-014338
Driscoll, J.

Litchfield J.D.

Golden v. Golden

Length Of Marriage Warranted Award Of Alimony

The length of the parties' marriage supported an award of alimony to the wife.

FA15-6012766
Schuman, J.

Farirfield J.D., at Bridgeport

State v. Jones

Defendant's Demeanor Belied Claim Of Not Understanding (I)Miranda(I) Advisement

Defendant's demeanor belied his claim of not having understood the written (I)Miranda(I) advisement that he read aloud prior to signing.

CR15-0284785
Kavanewsky, J.

Ansonia/Milford J.D., at Milford

State v. Harris

Superior Court Lacked Subject Matter Jurisdiction Over Post-Conviction Motion Challenging Jury Instructions

The superior court lacked jurisdiction to entertain a post-conviction motion to correct that challenged jury instructions given at trial.

CR96-0104271
Iannotti, J.

Stamford/Norwalk J.D., at Stamford

Taragano v. M2 Systems Corporation

Plaintiff Failed To State Facts Sufficient To Support Claim Of Interest In Unpaid Promissory Note

A complaint alleging failure to pay a promissory note failed to allege facts sufficient to demonstrate a chain of title from the original payee to the plaintiff.

CV16-6027844
Tobin, J.T.R.

Waterbury J.D., at Waterbury

HSBC Bank USA, N.A. v. Oliveira

Homeowner's Unverified Claims of Unlawful Foreclosure Practices Merited Evidentiary Hearing

A homeowner's claims that her lender attempted to foreclose despite having entered into a forbearance agreement warranted an evidentiary hearing.

CV14-6025655
Taylor, J.

Stamford/Norwalk J.D., at Stamford

Zukowski v. Zukowski

Plaintiffs Failed to Carry Burden of Proof in Action to Enforce Repayment of Alleged Debt

Plaintiffs failed to carry their burden of proof as to claims that they loaned their son's wife substantial sums of money prior to her divorce from their son.

CV14-6023805
Povodator, J.

Litchfield J.D.

Alisi v. Cerruto

Contractor Sued Wrong Parties For Unpaid Invoices

Plumbing contractor could not recover for unpaid invoices from persons other than the business owner, who was not named as a defendant in his complaint.

CV16-6013238
Schuman, J.

Litchfield J.D., at Litchfield

TAKD, LLC v. Biele

Agreement Unrelated To Allegations In Complaint Did Not Deprive Court Of Subject Matter Jurisdiction

Choice of law and arbitration provisions in an agreement unrelated to the plaintiffs' allegations against defendant did not operate to deprive the court of subject matter jurisdiction.

CV15-6012961
Moore, J.

United States District Court

K.E. v. GlaxoSmithKline LLC

Lack Of Evidentiary Foundation Rendered Expert Medical Testimony Inadmissible

The lack of evidentiary foundation for a medical expert's testimony precluded its admission.

3:14-cv-1294
Bolden, J.

United States District Court

Morales v. Colvin

Inadequate And Conflicting Record Warranted Further Hearing On Application For Disability Benefits

An inadequate and contradictory record undermined the administrative law judge's findings with regard to an application for disability benefits.

3:16-cv-0003
Garfinkel, J.

Compensation Review Board, Workers' Compensation Commission

Shults v. D.J. Hall Roofing, LLC

Commissioner Required to Determine Date of Injury

Appellee was employed by Appellant and sustained an injury on September 26, 2009.

6071 CRB-5-16-1
Mastropietro, CC

Compensation Review Board, Workers' Compensation Commission

Clark v. Middlesex Corp.

Spouse Not Qualified For Survivorship Benefits

Appellant was the spouse of a decedent whom died as a result of taking prescription medication taken for a compensable injury.

6041 CRB-1-15-10
Mastropietro CC

United States Court of Appeals for the Second Circuit

Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.

Unsolicited Fax Plausibly Shown To Have Commercial Purpose

Plaintiff alleging that an unsolicited fax promoting a free dinner constituted an advertisement in violation of the Telephone Consumer Protection Act of 1991 (TCPA) was not required at the pleading stage to allege specific facts pertaining to the products or services intended to be promoted at the dinner.

15-288-CV

Stamford/Norwalk J.D., at Stamford

Nuon v. The Stop & Shop Supermarket Co.

1st Imp. on Whether Consumer Alleged Products-Liability Claim

Allegations that a consumer lost a tooth after he bit into ground beef that contained a piece of bone were sufficient to state a claim under Connecticut General Statutes §52-572n of the Connecticut Product Liability Act.

CV15-6026683
Jacobs, J.

New Britain J.D., at New Britain

Chief Disciplinary Counsel v. Rivera

Attorney Who Failed to Protect Clients' Funds Reprimanded

An attorney who failed to protect a client's funds could violate Rule 1.15 of the Rules of Professional Conduct.

CV16-6034826
D'Addabbo, J.

Middlesex J.D., at Middletown

Nejdl v. Town of Clinton Zoning Bd. of Appeals

Owner Sought to Raze 1903 Cottage, Build More Modern One

A zoning board of appeals could approve a proposal that would reduce the amount of nonconformity.

CV15-6014141
Quinn, J.T.R.

Fairfield J.D., at Bridgeport

Sena v. Am. Med. Response of Conn.

Genuine Issues on Whether Good Samaritan Law Protected EMTs

A genuine issue of material fact existed on whether emergency medical technicians, whose patient was found dead on arrival at the hospital, were grossly negligent.

CV15-6048410
Kamp, J.

New Britain J.D., at New Britain

Torres v. Dep't of Dev. Serv.

Former Group Home Worker Challenged Placement on Registry

An individual who was charged with neglect or abuse of a resident of a group home and who resigned could be placed on the abuse-and-neglect registry.

CV16-6032569
Huddleston, J.

New Britain J.D., at New Britain

Lowthert v. Freedom of Info. Comm'n

1st Impression on Claim that Secret E-Mail Vote Violated FOIA

A citizen's complaint that a government agency conducted an "unnoticed or secret meeting" must be filed "not later than thirty days after the person filing the appeal receives notice in fact that such meeting was held," pursuant to Connecticut General Statutes §1-206(b)(1).

CV15-6030425
Huddleston, J.

New London J.D., at Norwich

Rogers v. Rogers

Wife Who Allegedly Relapsed Awarded Alimony of $150 per Week

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

FA16-5103667
Connors, J.

New Britain J.D., at New Britain

Monsignor Bojnowski Manor v. Adm'r

Employer Ordered Nurse's Aide to Work with Paralyzed Patients

A worker who voluntarily left employment for a cause attributable to the employer could be entitled to unemployment benefits.

CV16-5017546
Tanzer, J.T.R.

Windham J.D., at Putnam

Harrison v. Superwinch

CFO Alleged Age Discrimination and Failure to Pay Six Months of Wages

Allegations that defendants failed to pay six months of base pay after plaintiff was discharged were sufficient to allege that defendants failed to pay plaintiff's "wages," in violation of Connecticut General Statutes §31-72.

CV15-6009928
Calmar, J.

Stamford/Norwalk J.D., at Stamford

Goldberg v. Glencore

Employee Who Proved Employer Breached Guarantee Awarded $4 M

A court could enforce an employment contract that was intended to compensate an employee for loss of benefits that had not yet vested with his former employer.

CV13-6020367
Povodator, J.

Hartford J.D., at Hartford

Hadden v. Cap. Region Educ. Council

Jury Reasonably Could Find Student Intended to Punch Teacher

Genuine issues of material fact existed on whether defendant educational council was responsible to indemnify a physical education teacher who allegedly was assaulted when attempting to break up a fight.

CV12-6037229
Peck, J.T.R.

New London J.D., at New London

Wheelis v. Backus Hosp. Corp.

Estate Administrator Sought to Open Closed Deposition

Permitting a closed deposition to continue could result in multiple depositions and become abusive.

CV14-6022485
Nazzaro, J.

New Haven J.D., at New Haven

Gotowala v. Peerless Ins. Co.

$56,974 Award to Landscaper Failed to Shock Court's Conscience

A jury court award economic damages for medical expenses and non-economic damages for pain and suffering.

CV13-6039295
Wilson, J.

Hartford J.D., at Hartford

Wells Fargo Bank v. McCrorey

Defendants Did Not Qualify for Protection from Foreclosure

A court could grant defendants' application for protection from foreclosure, pursuant to Connecticut General Statutes §49-31d.

CV16-6071551
Robaina, J.

United States District Court

United States v. Hempstead

James Hearing on Admissibility of Co-Defendants' Statements Denied

Courts in the Second Circuit do not conduct James hearings to decide the admissibility of co-conspirators' statements.

3:15cr117
Bolden, J.

United States District Court

Robertson v. Wells Fargo Bank

Jamaican Bank Manager Failed to Prove Disparate Treatment

A manager who alleged disparate treatment failed to establish she was similarly situated to workers who reported to her.

3:14cv1861
Bryant, J.

United States District Court

Deleon v. Dollar Tree Stores

Dollar Tree Worker Failed to Opt Out of Agreement to Arbitrate

A mutual promise to arbitrate employment disputes could constitute consideration for the agreement to arbitrate.

3:16cv767
Haight, J.

United States District Court

Dailey v. Knight

Inmate with Psoriasis Alleged Medicine Only Lasted 14 Days

Allegations that defendants failed to provide enough medication to an inmate in severe pain, because he developed sores that bled and oozed pus, were sufficient to allege deliberate indifference to a serious medical need.

3:16cv1787
Bolden, J.

United States District Court

A. v. Hartford Bd. of Educ.

Plaintiffs Awarded $314,291 in Attorney Fees in IDEA Case

A court could award reasonable attorney fees to parents who prevailed in an Individuals with Disabilities Education Act case.

3:11cv1381
Crawford, J.

Connecticut Appellate Court

DeCastro v. Odetah Camping Resort

Plaintiff Did Not Prove Lack of Life Jacket Caused Drowning Death

Plaintiff failed to prove that defendant's conduct caused or was a substantial factor in causing the drowning death of plaintiff's decedent.

AC 38370
Bear, J.

Connecticut Appellate Court

Parillo Food Group v. Bd. of Zoning Appeals of the City of New Haven

Zoning Board Possessed Authority to Restrict Restaurant's Hours

The zoning board of appeals was allowed to add a condition that restricted plaintiff restaurant's hours of operation.

AC 38023
Alvord, J.

Connecticut Appellate Court

Ventura v. Town of E. Haven

$5.9 Million Judgment Against Town of East Haven Reversed

A police officer who was investigating a domestic violence incident did not possess a clear ministerial duty to tow a motor vehicle that had invalid registration and improper plates.

AC 37833
Keller, J.

Connecticut Supreme Court

Skakel v. Comm'r of Correction

Skakel Attorney Did Not Provide Ineffective Assistance

Defense counsel's failure to make an attempt to implicate petitioner's brother in a murder, or to call a witness whose potential testimony would have been inconsistent with that of other witnesses, did not constitute ineffective assistance of counsel.

SC 19251
Zarella, J.

Board of Mediation and Arbitration

Town of Vernon and AFSCME, Council 4, Local 1471

Suspension For Swearing Reduced to a Written Warning

Arbitrators could find that a suspension for swearing when off duty was overly harsh. Arbitrators reduced the suspension to a written warning.

2016-A-0325
Neary, Melita and Murphy

Board of Mediation and Arbitration

Severn Trent Envtl. Serv. and AFSCME, Council 4, Local 1303-459

Employer was Required to Pay Time-and-One-Half for Callbacks

A collective bargaining contract could provide that an employer was required to pay time-and-one-half pay for call back time.

2016-A-0078
Celentano, Massa and Shea

Board of Mediation and Arbitration

Norwalk Bd. of Educ. and UPSEU

Board of Education Did Not Timely Challenge Arbitrability

A board of education was required to challenge arbitrability within 10 days of the initial hearing date.

2015-A-0127
Kuehnel, Margenot and Gnocchi

United States Court of Appeals for the Second Circuit

Estate of Devine v. Fusaro

Officers in Flash Grenade and Rubber Baton Attack were Immune

Qualified immunity could protect police officers from legal responsibility, provided that their conduct did not violate clearly established statutory or constitutional rights about which a reasonable individual would have known.

16-414-cv

United States Court of Appeals for the Second Circuit

United States v. Diaz

90 Months for Alleged Drug Trafficker Affirmed

Even if defendant was abused as a child, any abuse was not causally related to the alleged crimes of possession of heroin and a firearm.

16-503-cr

United States Court of Appeals for the Second Circuit

Trikona Advisers v. Chugh

Breach of Fiduciary Duty Claims Barred by Collateral Estoppel

An issue may not be relitigated, if the issue previously was fully and fairly litigated, actually decided and the decision was necessary to the judgment.

14-975-cv
Walker, J.

Hartford J.D., at Hartford

Krawshuk v. Hollaway

Plaintiff Did Not Adequately Allege Claim for Aiding a Tort

Allegations that defendant passenger negligently commented about the operation of plaintiff's motorcycle although she knew defendant driver suffered from anxiety, depression and road rage, were insufficient to allege a claim against defendant passenger for aiding a tort.

CV16-5041165
Peck, J.T.R.

Waterbury J.D., at Waterbury

Mirabilio v. Optic Care Eye Health Ctr.

Genuine Issue, if Limitations Period was Tolled in Glaucoma Case

To prevail on a continuing course of conduct theory, a medical-malpractice plaintiff was required to prove that defendant committed an initial wrong, owed a continuing duty related to the alleged initial wrong and continually breached the duty of care.

CV14-6025593
Brazzel-Massaro, J.

New Britain J.D., at New Britain

Hidalgo v. Rovella

Prosecutor was Absolutely Immune for Official Conduct

A prosecutor was entitled to absolute prosecutorial immunity for his official conduct.

CV16-5017682
Swienton, J.

New Britain J.D., at New Britain

Gonzalez v. Gonzalez

Father Who Won Shared Parenting to Pay Child Support of $121/Week

No automatic presumption existed that the mother would automatically win physical custody of the parties' child.

FA16-6033748
Pinkus, J.

Danbury J.D., at R.F.T.D. in Middletown

Anderlot v. Anderlot

Mother Won Primary Physical Custody of Children

A parent's conduct in furnishing medical treatment and guidance about diet and hygiene could qualify as a material change in circumstances.

FA13-4016622
Gould, J.

Windham J.D., at Putnam

Harrelle v. Wendy's Old Fashioned Hamburgers of New York

Manager with 8 Percent Permanent Disability Alleged Discrimination

A genuine issue of material fact existed on whether plaintiff's 8 percent permanent partial disability qualified as a "disability" under the Connecticut Fair Employment Practices Act.

CV14-6008428
Calmar, J.

New Haven J.D., at New Haven

Leng v. S. Conn. State Univ.

SCSU Student Claimed He Did Not Receive Notice of Hearing

Notice of an expulsion hearing sent to a student's university e-mail address was adequate, even if the student rarely used his university e-mail address.

Wilson, J.
Wilson, J.

New Haven J.D., at New Haven

Lydell v. Safeco Ins. Co.

Plaintiff in Severe Impact Collision Awarded $75,290

At a hearing in damages, a court could award economic damages for medical expenses and non-economic damages for pain and suffering.

CV15-6056909
Frechette, J.

Fairfield J.D., at Bridgeport

Ipppolito v. McKelvey

Owner Awarded $11,951 for Loss of Value to 2014 BMW

A plaintiff whose motor vehicle was damaged in a motor-vehicle collision was entitled to damages for loss of value and was not entitled to attorney fees, punitive damages or damages for inconvenience.

CV15-6052262
Thim, J.T.R.

New Haven J.D., at New Haven

New England Acquisition v. Galvan

Student who Dropped out of School Owed $6,856 for Tuition

A court could enforce a written contract, even if one of the parties claimed that he did not comprehend English.

CV14-6051843
Corradino, J.T.R.

United States District Court

Supreme Forest Prod. v. Kennedy

Co-Client Attorney-Client Privilege Shielded Communications

Defendants' interests were sufficiently similar for them to invoke the co-client attorney-client privilege.

3:16cv54
Meyer, J.

United States District Court

Farzan v. Bridgewater Assoc.

'Stray Remarks' Were Insufficient to Prove Employment Discrimination

"Stray remarks" by a co-worker that were not related to an employment decision or to the decision making process were insufficient to prove employment discrimination.

3:16cv935
Underhill, J.

United States District Court

Conley v. Rivera

Allegedly Inmates Threatened to Attack Prisoner During Recreation

Allegations that plaintiff inmate informed a captain about inmates' threats to harm him, because he did not belong to a gang, and that the captain did not act promptly to protect his safety, were sufficient to allege deliberate indifference, in violation of the Eighth Amendment.

3:16cv2083
Bolden, J.

United States District Court

Braswell v. Bujnicki

Pretrial Detainee Alleged Officers Jumped on him, Kneed his Testicles

Allegations that defendants jumped on plaintiff, a pretrial detainee, and kneed his testicles were sufficient to state a claim of excessive use of force, because the alleged conduct failed to serve a legitimate purpose.

3:16cv1431
Meyer, J.

Connecticut Appellate Court

Rivera v. CR Summer Hill

Genuine Issue, if Defendants Lacked Constructive Notice

A genuine issue of material fact could exist about whether defendants received constructive notice about lack of lighting, if defendants' property manager walked the property twice per day.

AC 37906
Mihalakos, J.

Connecticut Supreme Court

Nutmeg Housing Dev. v. Town of Colchester

Expert Considered Properties that Were Not Truly Comparable

An expert appraiser was not credible, because comparable properties that he considered were not age and income restricted and were not truly comparable.

SC 19551
Zarella, J.

Connecticut Supreme Court

Balloli v. New Haven Police Dep't

1st Impression on Cop Injured on Public Street Outside his Home

A police officer who was injured on the street outside his home when he was about to leave for work was entitled to workers' compensation benefits.

SC 19584
Eveleigh, J.

Connecticut Supreme Court

State v. Samuel

State Failed to Prove Juvenile Defendant Was 14 Years Old

A juvenile defendant could not be tried as an adult, if the state failed to prove that he was at least 14 years old at the time of the alleged criminal conduct.

SC 19578
Rogers, C. J.

Connecticut Supreme Court

State v. Lester

Defendant Claimed Evidence of 'Bad Touch' Was Wrongly Excluded

If a criminal defendant challenged a trial court's decision to exclude evidence and did not challenge each independent basis for that decision, his appeal might be moot.

SC 19183
Rogers, C. J.

Connecticut Supreme Court

The Cadle Co. v. Fletcher

Debtor's Residual Postgarnishment Wages Not Exempt from Execution

Residual postgarnishment wages were subject to execution by a judgment creditor after a husband transferred them to his wife.

SC 19583
Zarella, J.

State Elections Enforcement Commission

Referral by New Hartford Registrars of Voters

Citizen's Summer Cottage Qualified as a Bona Fide Residence

No proof was required that a structure remain habitable at all times, for the structure to qualify as a "bona fide" residence.

2015-002
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Walsh

No Evidence that Mayoral Campaign Accepted Illegal 'Straw' Donations

A mayoral campaign was not permitted to solicit or to accept an illegal "straw" contribution in a name other than the contributor's name, pursuant to Connecticut General Statutes §9-622(7).

2015-154
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Thorpe

Driver's License Continued to Display Voter's Former Address

A voter who moved to a new address could vote at the polling station that corresponded to that new address, even if the front of the voter's driver's license continued to display the voter's former address.

2016-020
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Schwing

Politicians' E-Mail to 40 Friends Lacked 'Paid for by' Attributions

Connecticut General Statutes §9-621 provided that no individual could make an expenditure for a communication to promote the success or defeat of any candidate's campaign, unless the communication included the disclaimer "paid for by" followed by the individual's name and address.

2015-177
Castagno, Chair

United States Court of Appeals for the Second Circuit

Ultegra v. Mystic Fire Dist.

Plaintiffs Failed to Prove State-Created Danger from Volunteer Firefighter

Plaintiffs failed to produce evidence that a fire department captain knew that a volunteer firefighter posed a danger, that he had a propensity to start fires or that his conduct shocked the contemporary conscience.

14-4023-cv

United States Court of Appeals for the Second Circuit

Perez-Dickson v. Bridgeport Bd. of Educ.

Second Circuit Reinstated Principal's Subsequent Complaint

Generally, an employee could file a new complaint about events that took place after the filing of the original complaint.

15-3128-cv

United States Court of Appeals for the Second Circuit

United States v. Pinto

Collector who Allegedly Stole from Clients to Pay Restitution of $10 M

The district court did not commit error when it relied on a co-conspirator's statement to compute defendant's restitution.

15-4130-cr

United States Court of Appeals for the Second Circuit

United States v. Brodsky

Defendant Requested Reduction from 168 to 135 Months in Prison

The district court did not abuse its discretion when it considered defendant's lack of remorse and risk of committing another criminal offense and did not re-sentence defendant to the bottom of the amended sentencing guidelines range.

15-2625

United States Court of Appeals for the Second Circuit

Weinstein v. Univ. of Conn.

UConn Prof's 1st Amendment Retaliation Claim Reinstated

To establish a prima facie case of First Amendment retaliation, plaintiff was required to prove constitutionally protected speech, an adverse action and a causal connection between the adverse action and the protected speech.

16-541-cv

Stamford/Norwalk J.D., at Stamford

Comm'r of Transp. v. Deignan

State Underassessed Value of $151,000 Taking at $77,000

In a battle of highly qualified experts, a court could find that one real estate appraiser was more credible than another.

CV15-5014917
Karazin, J.T.R.

Stamford/Norwalk J.D., at Stamford

Vedbrat v. Chinai

Husband of 16 Years Won Property and $630,000 Lump Sum

A contract signed to reduce the husband's mortgage did not qualify as a postnuptial agreement, because that was not parties' intent, and because the parties had already separated their finances and did not provide full and fair disclosure.

FA15-6025926
Shay, J.T.R.

New Haven J.D., at New Haven

Lifting Sys. v. The Smedley Co.

Court Refused to Consider Defendant's Unauthenticated Exhibit

A court could not consider a document that was attached as an exhibit and that was not authenticated.

CV15-6054447
Abrams, J.

New Haven J.D., at New Haven

Muscio v. Kalinowski

Jury Did Not Award Damages for Fall from Horse that Bucked

A horseback rider who alleged that the horse's owner was negligent possessed the burden to prove that his negligence proximately caused her injuries.

CV11-6023831
Wilson, J.

Waterbury J.D., at Waterbury

Goggin v. Waterbury Bd. of Educ.

Allegedly, Principal was Discharged Because of Intoxication

A decision to discharge a school principal who allegedly was arrested once for driving under the influence and a second time for public intoxication was not arbitrary, illegal or an abuse of discretion.

CV14-6023974
Schofield, J.

Stamford/Norwalk J.D., at Stamford

Delgado v. Lopez

Employee who Was not Paid Won Double Damages, or $54,698

A worker established bad faith, because years after the parties' dispute his wages of $27,349 remained unpaid.

CV15-6025093
Mottolese, J.T.R.

New Haven J.D., at New Haven

Markowitz v. Villa

Grandchild Moved to Quash Subpoena in Will Contest

A witness failed to establish plaintiff's subpoena was unreasonable or oppressive or that a privilege should apply to protect the information.

CV16-6060963
Wilson, J.

Litchfield J.D., at Litchfield

Chatfield v. Blodgett

Plaintiff with PTSD and Scarring Awarded $132,295 for Dog Bite

A court could award economic damages for medical expenses, and non-economic damages for pain and suffering from a dog bite.

CV15-6011845
Schuman, J.

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

State v. Cane

Defendant Acquitted of Charge of Intent to Sell within School Zone

Although evidence existed that, based on the quantity of marijuana and packaging materials, defendant possessed marijuana with intent to sell, the state failed to prove beyond a reasonable doubt that defendant intended to sell the marijuana within a school zone.

CR13-0270260
Keegan, J.

New Haven J.D., at New Haven

State v. Bowman

60 Years for Man on PCP who Murdered Girlfriend Affirmed

An individual who allegedly murdered his girlfriend and attempted to conceal his crime could be found guilty of murder and tampering with the evidence.

CR03-19063
Ginocchio, J., Vitale, J. and Alexander, J.

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

State v. Arroyo

Cop Had Reasonable Suspicion Driver Did Not Keep within Lane

A police officer who had a reasonable and articulable suspicion that a driver did not keep within a designated travel lane, in violation of Connecticut General Statutes §14-236, could pull over the driver.

MV16-0392782
Keegan, J.

New Britain J.D., at New Britain

Clark v. Comm'r of Motor Vehicles

Volkswagen Driver Protested Validity of Blood-Alcohol Test

Evidence in the record supported the hearing officer's conclusion that an operator drove his motor vehicle sometime after 9:05 p.m. and that a breath test conducted at 11:05 p.m. took place within two hours of operation.

CV16-6032656
Huddleston, J.

New Haven J.D., at New Haven

Westphal v. Heon

$5,000 Settlement Check Was Taken from Mailbox and Cashed

A plaintiff who did not receive a settlement check promptly, because the original check apparently was taken from counsel's mailbox, was entitled to interest and attorney fees.

CV16-6059378
Wilson, J.

New London J.D., at New London

V&M Constr. v. Coelho

Contractor Did Not Comply with Home Improvement Act

A home improvement contract that did not indicate it was signed by a registered contractor and that did not include the contractor's registration number or cancellation notice did not comply with the Home Improvement Act.

CV16-6027306
Nazzaro, J.

United States District Court

United States v. Oreckinto

Evidence of Prior Theft at Waldbaums Was Admissible

A court could admit evidence of prior acts, if the evidence was offered for a proper purpose, was relevant to a disputed issue, and the probative value was greater than the potential for unfair prejudice.

3:16cv26
Meyer, J.

United States District Court

United States v. Lee

Court Vacated $1.15M in Restitution After Ponzi Defendant Passed Away

The Mandatory Victims Restitution Act required the entry of a valid conviction and a valid conviction could not enter after the defendant passed away and the Second Circuit vacated the judgment with instructions to dismiss the indictment.

3:14cr201
Meyer, J.

United States District Court

Lewis v. City of New Haven

Plaintiff Alleged he was Wrongly Framed For Murder by New Haven Cop

Allegations that the chief of police allowed a cop to continue as lead investigator, although he knew that the cop allegedly coerced witness statements, and that plaintiff was wrongly framed for murder, were sufficient to allege a §1983 civil-rights claim.

3:16cv1382
Underhill, J.

United States District Court

This LLC v. Jaccard Corp.

Late Disclosure of Expert Witness Forgiven in Marshmallow Stick Case

A court could forgive the late disclosure of an expert witness, if the expert's testimony was important and a brief trial continuance was feasible.

3:15cv1606
Arterton, J.

United States Bankruptcy Court

In re Xiao

Debtor Sought to Pay Lawyer with Assets in Pension Plan

A Chapter 7 debtor lacked the right to use assets of the bankruptcy estate to compensate his attorney.

13-51186
Tancredi, J.

United States Bankruptcy Court

In re Hurt

Debtor Objected to $215K Offer to Settle Yasmin Birth Control Claims

A court could approve a settlement offer that resulted from arms-length negotiations and that was above the national average for similar claims.

12-21191
Tancredi, J.

Connecticut Appellate Court

Law Offices of Frank N. Peluso P.C. v. Rendahl

1st Imp. on Immunity for Tortious Interference with Estate Admin.

Absolute immunity could bar a claim of tortious interference with the administration of an estate.

AC 38036
Per Curiam

Connecticut Appellate Court

Martinez v. Adm'r, Unemployment Compensation

Worker Engaged in Willful Misconduct After Jury Duty Cancelled

A worker who was scheduled for jury duty, and who took an unauthorized sick day without informing his employer when jury duty was cancelled, engaged in "willful misconduct" and was not entitled to unemployment benefits.

AC 37958
Mihalakos, J.

Connecticut Appellate Court

State v. Mitchell

Trial Judge Did Not Give Jury a 'Chip Smith' Instruction

If the jury could not reach a verdict, a court could provide the deadlocked jury a "Chip Smith" jury instruction to consider the majority view.

AC 37394
Schaller, J.

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

Custodian II Alleged that he Performed Work of a Custodian IV

Employees who were required to work in a higher classification than their normal classification could be entitled to additional pay.

2014-A-0555
Panagrossi, Culhane and Gnocchi

United States Court of Appeals for the Second Circuit

Portilla-Cali v. Lynch

Ecuadorian Did Not Prove Continuous Presence in U.S.

An alien who proved continuous physical presence in the United States for 10 years could be eligible for cancellation of deportation, pursuant to 8 United States Code §1229b(b)(1)(A).

14-4028

United States Court of Appeals for the Second Circuit

Latty v. Lynch

Suspected Drug Trafficker Did Not Prove Good Moral Character

To establish eligibility for cancellation of removal, a petitioner could be required to establish good moral character, pursuant to 8 United States Code §1229b(b)(1)(B).

16-863

United States Court of Appeals for the Second Circuit

United States v. Byrd

Initial Plea Underestimated Defendant's Criminal History

The district court possessed the discretion to order a sentence that was substantially longer than the sentence that defendant expected when he pled guilty.

16-0403

Waterbury J.D., at Waterbury

Li v. Town of Woodbury

Owner Qualified to Testify about Value of Own Property

An owner could be qualified to testify about the value of the owner's own property.

CV16-5017752
Brazzel-Massaro, J.

Hartford J.D., at Hartford

Bustamante v. FIP Constr.

Product Liability Act's Exclusivity Provision Barred Negligence Claim

Allegations that defendant did not adequately inspect, did not provide adequate warnings and did not create and maintain a safe worksite sounded in common-law negligence and were barred by the exclusivity provision in the Connecticut Product Liability Act.

CV15-6060478
Peck, J.T.R.

Hartford J.D., at Hartford

Sotomayor v. Dickau

Genuine Issue if Landlords had Constructive Notice of Tenants' Pet

Considering the number of calls to animal control, and the length of time that the dog's owner resided at the premises, a reasonable jury could conclude that defendant landlords received constructive notice that the dog was an issue.

CV16-6065928
Dubay, J.

Fairfield J.D., at Bridgeport

Parnoff v. Aquarion Water Co. of Conn.

Attorney Alleged Water Co. Negligently Inflicted Distress

Allegations that water company workers accused plaintiff property owner of stealing water, and claimed that they took pictures on their camera and had proof, were sufficient to allege negligent infliction of emotional distress, provided that plaintiff proved that distress was so severe it might cause bodily harm.

CV14-6045191
Radcliffe, J.

New London J.D., at New London

Malloy v. Sally Beauty Supply

Sales Associate Alleged PTSD from Armed Robbery in Workplace

A worker who allegedly suffered anxiety and emotional distress but no physical injury as a result of an armed robbery at work did not possess a cause of action against her employer.

CV16-6027295
Vacchelli, J.

Hartford J.D., at Hartford

Sprague v. State

Tractor Trailer Driver Used Shoulder in Attempt to Pass Plows

A court could find that plaintiff tractor-trailer driver's negligence in attempting to use the shoulder of the highway to pass an echelon of plow trucks, caused a collision.

CV14-6052457
Scholl, J.

Hartford J.D., at Hartford

Ravalese v. Lertora

Litigation Privilege Barred Claims Against Child Psychologist

The litigation privilege could provide absolute immunity and prevent a father's defamation claims against a child psychologist who wrote a memo that supported the mother's claims for custody.

CV16-6042237
Elgo, J.

Hartford J.D., at Hartford

Office of Chief Disciplinary Counsel v. Zeolla

Attorney who Allegedly Ignored Three Clients Suspended Five Years

A court could discipline an attorney who allegedly agreed to represent three clients and did not take any action to defend them.

CV16-6067877
Robaina, J.

Stamford/Norwalk J.D., at Stamford

Mayer-Wittman v. Zoning Bd. of Appeals

Owner Won Variances to Raise Cottage Damaged by Hurricane Sandy

Increased nonconformance with municipal zoning regulations was required so that a sea cottage that was damaged as a result of Hurricane Sandy could comply with flood control regulations.

CV16-6027735
Karazin, J.T.R.

New London J.D., at New London

Patota v. Kreckovic

Tenants Were Not Required to Administratively Exhaust Claims

Plaintiffs, who filed a complaint that alleged negligence and fraud, because their landlord allegedly did not provide adequate warmth, were not required to exhaust administrative remedies with the Connecticut Commission on Human Rights and Opportunities.

CV16-5015066
Vacchelli, J.

New Haven J.D., at New Haven

New Haven Bd. of Educ. v. New Haven Fed. of Teachers, Local 933

Court Reversed Arbitrator's Reinstatement of Baseball Coach

A coach who was dismissed, or whose coaching job was not renewed, was required to appeal directly to the local or regional board of education, pursuant to Connecticut General Statutes §10-222e.

CV16-6063803
Robinson, J.

New Haven J.D., at New Haven

Delancy v. Hosp. of St. Raphael

Allegedly Kid's Injury Led to $2.1M Reduction in Earnings, Lost Wages

A mother was not entitled to recover for loss of earning capacity and lost wages as a result of caring for an injured child.

CV14-6048129
Wilson, J.

Stamford J.D., at R.F.T.D. in Middletown

Zhou v. Zhang

Penalty Clause in Parties' Postnup Was Not Enforceable

A clause in a postnuptial agreement that sought to penalize a party who made an attempt to invalidate part of the postnuptial agreement was "unfair, inequitable and unconscionable" and was not enforceable.

13-4026445
Gould, J.

New Haven J.D., at New Haven

Moss v. Moss

Wife Awarded Pension, Ordered to Pay Husband of 50 Years $49,500

A court could find the parties equally at fault for the breakdown of the marital relationship.

FA16-5036289
Shluger, J.

Hartford J.D., at Hartford

VisionPoint v. Gish

Covenant Not to Compete for 12 Months within 50 Miles Enforceable

A court could find enforce a covenant not to compete that was fair and reasonable.

CV16-6068213
Peck, J.T.R.

Waterbury J.D., at Waterbury

A Better Way Wholesale Autos v. Gause

Used Motor-Vehicle Dealer to Pay $19,691 to Consumer

A court could vacate an arbitrator's decision, if evidence existed that the arbitrator manifestly disregarded or irrationally applied the law.

CV16-6031850
Taylor, J.

New London J.D., at New London

Chacon v. Christman

Plaintiff in Motor-Vehicle Accident Awarded $210,833

A court could grant a request for a remittitur, if the award was excessive as a matter of law.

CV15-6023617
Vacchelli, J.

Hartford J.D., at Hartford

State v. Shykeim

Juvenile who Allegedly Stole Motor Vehicle Transferred to Adult Docket

A court could find that transfer to the regular criminal docket was in the best interests of a juvenile who was charged with stealing a motor vehicle and driving directly at a police officer.

JV16-2080001
Burgdorff, J.

Hartford J.D., at Hartford

R.D. Clark & Sons v. Clark

Court Did Not Apply Minority or Marketability Discount to Shares

A court could decide not to discount the fair value of a minority shareholder's interest in a company, to take into account the lack of liquidity of the closely held company.

CV14-6050218
Shortall, J.T.R.

Stamford/Norwalk J.D., at Stamford

Woovite v. etouches

Plaintiff Did Not Prove 'Change of Control' for Purposes of PJR

A change in senior executives did not qualify as a "change of control," pursuant to the parties' purchase agreement.

CV16-5016003
Karazin, J.T.R.

New Haven J.D., at New Haven

Giordano Assoc. v. Waller

Contract Did Not Require Insurance Adjuster to Perform All the Work

A contract with an insurance adjuster service firm did not require that the insurance adjuster service firm perform all the work, only that it "advise and assist" its clients in the resolution of insurance claims.

CV15-6056728
Abrams, J.

Fairfield J.D., at Bridgeport

Pinto v. King

Marshal Left Service of Process in Front Doorway of Vacant Home

A marshal served defendant at her "usual place of abode," when the marshal left a copy of the complaint in the front doorway of a vacant house that defendant owned.

CV16-6054517
Krumeich, J.

United States District Court

Palumbo v. Nationwide Life Ins.

Plaintiffs Alleged Life Insurer Made False Representations

Allegations that defendant life insurance company made false representations, failed to follow a required formula, and intended to conceal changes in costs and to increase its profits were sufficient to state a claim.

3:16cv1143
Eginton, J.

United States District Court

Doctor's Assoc. v. Burr

Broad Arbitration Clause Covered Claims Against Nonparties

A court could enforce a broad arbitration clause, in which the parties agreed to arbitrate all claims concerning the application to operate a restaurant franchise.

3:16cv1335
Hall, J.

United States District Court

Walker v. Kendricks

Prisoner Protested Strip Searches, Transfer, Disciplinary Segregation

No objectively reasonable correctional official would have believed that restrictive confinement and transfer to another facility would deprive an inmate of a constitutionally protected liberty interest.

3:16cv274
Meyer, J.

United States District Court

Jefferson v. Reddish

Genuine Issues on Yale Football Player's Excessive Force Claim

When considering if police used excessive force, a court might examine the severity of the crime, whether the suspect posed an immediate threat to public safety and whether the suspect actively resisted arrest.

3:12cv1543
Eginton, J.

Connecticut Appellate Court

Szynkowicz v. Bonauito-O'Hara

Plaintiff Not in Privity of Contract with Defendant Agent

A real estate agent who worked on a sale could be a "dual agent," if the real estate agent also represented the buyer.

AC 38198
DiPentima, C.J.

Connecticut Appellate Court

Marquez v. Comm'r of Correction

Petitioner Did Not Prove Prosecutor Violated Due Process

Failure to disclose favorable evidence could violate a petitioner's right to a fair trial and to due process.

AC 38016
Foti, J.

Board of Labor Relations

Dep't of Correction and NP4 Unit of Council 4, AFSCME, AFL-CIO

DOC Ordered Locksmith to Cover More Corrections Facilities

The state Department of Corrections' re-assignment of a locksmith from working at a single correctional facility to working at five facilities did not involve a mandatory subject of bargaining.

4934
Battey, Low and Dellapina

New London J.D., at New London

Hum v. Silvester

Neighbors Alleged that a Prescriptive Easement Existed

A party alleging the formation of an easement by prescription was required to prove that use of the subject property had been open, visible, continuous and uninterrupted for 15 years and made under a claim of right.

CV15-6024940
Leuba, J.T.R.

New Haven J.D., at New Haven

PPG Prot. and Marine Coatings v. Coatings Surfacers & Linings

Defendant Adequately Alleged Violation of Product Liability Act

In an action between commercial parties, the Connecticut Product Liability Act did not permit recovery for commercial loss caused by a product.

CV15-5036272
Blue, J.

Middlesex J.D., at Middletown

Palma v. Choma

Applicant Requested Restraining Order Against Neighbor with Cell

Allegations that respondent routinely used his cell to film or tape a neighbor and her children when they were outside were insufficient to allege that respondent knew he would cause them to feel a reasonable fear for their physical safety.

CV16-4020876
Vitale, J.

Hartford J.D., at Hartford

Hernandez v. Bloomfield Foot Specialists

Allegedly Boss Falsely Informed Co-Workers Plaintiff Was Addict

Allegations that a boss falsely informed co-workers at a staff meeting that plaintiff was a drug addict and was being treated for drug addiction could be sufficient to state a claim for defamation.

CV15-6057551
Peck, J.T.R.

Waterbury J.D., at Waterbury

Gerte v. Dobbin

Owner Used Bill of Sale to Prove that he Owned Labrador Retriever

An owner who proved that a dog was a "good or chattel" and that he possessed a property interest as a result of the bill of sale and medical expenses that he paid, could be entitled to the return of the dog.

CV16-5018284
Brazzel-Massaro, J.

New Haven J.D., at New Haven

Gonzales v. Langdon

Plastic Surgeon Qualified as 'Similar Health Care' Provider

A board-certified plastic surgeon qualified as a "similar health care provider" to a board-certified cosmetic surgeon, for purposes of Connecticut General Statutes §52-190a.

CV14-6044417
Fischer, J.

New Haven J.D., at New Haven

McClain-Russell v. Russell

Father who Suffered Heart Attack Sought to Modify Support

A court could modify child support as a result of a change in circumstances, such as loss of employment as a result of a heart attack.

FA13-4054824
Shluger, J.

New London J.D., at New London

Brink v. Dubreuil

$50,252 Awarded to State Trooper for Rear-End Collision

At a hearing in damages, a court could award economic and noneconomic damages to a state trooper who allegedly was injured when attempting to make a motorist stop.

CV15-6024669
Vacchelli, J.

Ansonia/Milford J.D., at Milford

Inland S.E. New Britain v. Ogulturk

Commercial Lease Guarantors Filed a Claim for a Trial by Jury

A guarantor could be bound by the waiver of a trial by jury in a loan contract, and the court extended that concept to a commercial lease.

CV16-6021197
Markle, J.

Hartford J.D., at Hartford

Currin v. National N.A.A.C.P.

Complaint Against N.A.A.C.P. was Insufficient to State a Claim

Absent allegations about the duty owed or the role that defendant allegedly played, a complaint might be insufficient to state a legal claim.

CV13-5037374
Robaina, J.

United States District Court

62-64 Kenyon v. City of Hartford

Protest Against City's Rooming House Ordinance Was Not Moot

A complaint for injunctive relief in connection with an ordinance that required owner occupancy of rooming houses might not be moot, if the city's allegedly offensive conduct could take place again.

3:16cv617
Bolden, J.

United States District Court

Nieves v. Colvin

ALJ Did Not Explain Failure to Follow Treating Physician Rule

The administrative law judge failed to explain why she found that claimant's epilepsy did not qualify as a listed impairment and why she did not credit the opinion of claimant's treating physician.

3:15cv1842
Hall, J.

United States District Court

Rafael v. State

Black Instructional Worker Did Not Prove Employment Discrimination

A court could find that an inference of discrimination existed, if an employer criticized an employee in ethnically degrading terms, made invidious comments about others in the employee's protected group, or treated individuals not in the protected group more favorably.

3:14cv1746
Bryant, J.

United States District Court

Owoeye v. State

Black Nurse Failed To Prove Prima Facie Case of Discrimination

Although a supervisor allegedly commented about plaintiff's accent, plaintiff, who was from Africa, failed to prove that discrimination, as opposed to concerns about oral communication skills, motivated the supervisor.

3:14cv664
Bryant, J.

United States District Court

Bartold v. Wells Fargo Bank

Bank Entitled to Protective Order in Reverse Mortgage Suit

Parties were entitled to discovery concerning any nonprivileged matters that were relevant to their claims or defenses, pursuant to Fed. R. Civ. P. 26(b)(1), but not if discovery requests were overly broad and burdensome.

3:14cv865
Bolden, J.

Connecticut Supreme Court

Bifolck v. Philip Morris

Court Affirmed its Allegiance to 402A of Restatement (Second)

The majority of the Connecticut Supreme Court affirmed its allegiance to §402A of the Restatement (Second) and its consumer expectation test and renamed the modified consumer expectation test the "risk-utility" test.

SC 19310
McDonald, J.

Connecticut Supreme Court

Disciplinary Counsel v. Parnoff

Disciplinary Counsel Did Not Prove Intent to Steal Client Funds

To obtain mandatory disbarment of an attorney pursuant to Practice Book §2-47A, disciplinary counsel must prove that the attorney knowingly and intentionally intended to steal client funds.

SC 19535
Espinosa, J.

Connecticut Supreme Court

Conn. Energy Marketers Ass'n v. Dep't of Energy and Envtl. Prot.

Agencies Not Required to Provide Environmental Impact Statement

The Connecticut Department of Energy and Environmental Protection's issuance of a comprehensive energy strategy and its subsequent approval of a plan to expand the use of natural gas did not constitute "actions which may significantly affect the environment," for purposes of Connecticut General Statutes §22a-1b(c) and require an environmental impact statement.

SC 19620
Robinson, J.

State Elections Enforcement Commission

Complaint by: Wales

Voter Was Delayed 20 Minutes Because Code Was Incorrect

A 20-minute delay in a voter's ability to use the alternative voting system for disabled individuals did not result from failure to train elections officials or to test the AVS machine.

2016-037
Bramante

State Elections Enforcement Commission

Complaint by: Nickson-Kanhai

Registrars' Office Wrongly Informed Voter that Deadline Passed

A registrars of voters office that initially informed a citizen that he could not change his registration during the week before the presidential preference primary, and then permitted the citizen to change his registration later that day, did not violate Connecticut General Statutes §9-57.

2016-031
Bramante

State Elections Enforcement Commission

Complaint by: Martinez

Unaffiliated Voter Changed Party Affiliation on Date of Primary

An unaffiliated voter who registered as a Democrat on the date of the presidential preference primary was not allowed to vote.

2016-029
Bramante

Freedom of Information Commission

Williams v. Chairman, Inland Wetlands Comm'n

Intervenor Complained About Exclusion from Executive Session

A decision to convene in executive session to discuss pending litigation did not violate the Freedom of Information Act, even if an intervenor was excluded from the meeting.

FIC 2016-0226
Freedom of Information Commission

Freedom of Information Commission

Read v. Chairman, Bd. of Educ.

Board Met in Executive Session to Discuss Superintendent's Progress

A board of education could meet in executive session, without violating Connecticut General Statutes §1-200(6), if the executive session were held to discuss a worker's progress toward a goal.

FIC 2016-0291
Freedom of Information Commission

Freedom of Information Commission

Ramos v. Chief, Police Dep't, Town of Groton

Father Was Not Entitled to Records about Child's Alleged Abuse

A parent who requested records about the alleged child abuse of his own child pursuant to the Freedom of Information Act requested the records as a member of the public, as opposed to as a parent, and the records were exempt from disclosure.

FIC 2016-0129
Freedom of Information Commission

Freedom of Information Commission

Krayeske v. Rovella, Chief, Police Dep't, City of Hartford

Police Department Destroyed Dashboard Camera Tape After 30 Days

Absent a request to preserve, a police department was not required to keep a tape from a dashboard camera in a police cruiser more than 30 days.

FIC 2016-0052
Freedom of Information Commission

Freedom of Information Commission

DeLucca v. Superintendent of Sch., Berlin Pub. Sch.

Part of Attorney-Client Privilege to Investigative Report was Waived

Disclosure of part of an attorney's report in meeting minutes could waive the attorney-client privilege.

FIC 2014-183
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Zito v. United Tech. Corp.

Consumer Did Not Prove Manufacturer of Smoke Alarm Committed Fraud

A duty to disclose could exist, if a seller deliberately hid defects or concealed a material fact from a buyer. Plaintiff failed to adequately allege a false statement or fraudulent intent, and the Second Circuit affirmed the judgment of the district court.

16-1302

New London J.D., at New London

Office of Chief Disciplinary Counsel v. McCoy

Attorney Who Refused to Cooperate with Audit Suspended

A court could suspend an attorney who allegedly refused to comply with an order by the Statewide Grievance Committee to cooperate with an audit and to take continuing legal education courses.

CV16-60273124
Nazzaro, J.

New London J.D., at New London

Georges v. Ob-Gyn Serv.

MedMal Plaintiff who Won $4.2 Million Awarded $1.63 M in Interest

A court could award offer-of-compromise interest from the date of plaintiff's offer to the date that the verdict was accepted.

CV11-6011571
Vacchelli, J.

New Haven J.D., at New Haven

Bember v. Am. Med. Response of CT

Apparent First Impression on Connecticut's Good Samaritan Act

Connecticut General Statutes §52-557b(b) of the Good Samaritan Act did not apply to "for-profit" business entities that provided emergency medical services.

CV14-6049824
Wilson, J.

Hartford J.D., at Hartford

Soucie v. Hartford Parking Auth.

Marshal Received Ticket for Parking in Front of Courthouse

A state marshal was not entitled to park in a "no parking" zone, unless that was reasonably necessary for him to perform his official responsibilities.

CV16-6067238
Huddleston, J.

Fairfield J.D., at Bridgeport

Suliman v. Ahmed

Wife Married in Sudan Awarded $81 Per Week, 20 Percent of Daycare

A court could award child support, plus costs of daycare and unreimbursed medical expenses to a mother.

FA15-5031155
Murphy, J.

New Haven J.D., at New Haven

Martinez v. Bart Realty

Customer Injured by Bottle that Employee Threw Awarded $42,378

At a hearing in damages, a court could award economic damages for medical expenses and non-economic damages for pain and suffering that a customer allegedly experienced when an employee threw a bottle.

CV14-6049499
Abrams, J.

Hartford J.D., at Hartford

Companions and Homemakers v. Dep't of Social Serv.

In-Home Providers of Elderly Care Sought Deadline Extension

Plaintiffs were required to exhaust administrative remedies, before they protested the Department of Social Services' policy change.

CV16-6073014
Moukawsher, J.

United States District Court

AJB Enter. v. Backjoy Orthotics

Designer of S-Shaped Back Massager Did Not Allege Lanham Act Violation

Although plaintiff maintained that the similarity between two back massagers was sufficient to allege unfair competition because of the likelihood of confusion, without a valid trademark plaintiff failed to allege a claim for unfair competition.

3:16cv758
Bolden, J.

United States District Court

Flynn v. NFS

Owner Alleged SEC Falsely Claimed to Investigate Money Laundering

RICO did not contain an express waiver of sovereign immunity, and sovereign immunity barred plaintiff's RICO and constitutional claims.

3:16cv1365
Underhill, J.

United States District Court

Telkamp v. Vitas Healthcare Corp.

Pro Se Sued 18 Defendants and Refused to Pay $1,000 Bond

Absent evidence of inability to pay or a request to waive the bond requirement, a court could dismiss a case, if plaintiff failed to pay a bond.

3:15cv726
Hall, J.

United States District Court

Jackson v. Farinella

Inmate with PTSD Alleged Denial of Mental Health Treatment

Allegations that a prisoner suffered from serious mental health conditions such as post traumatic stress disorder, bipolar disorder and schizophrenia, and that defendant mental health counselor was deliberately indifferent, refused to order medication and instructed plaintiff to "deal with it like a man," could be sufficient to allege a violation of the Eighth Amendment.

3:16cv1174
Meyer, J.

Connecticut Supreme Court

Heisinger v. Cleary

Lawyer Executor Immune for Hiring an Expert Stock Appraiser

Connecticut General Statutes §45a-234(19) absolved the estate fiduciary of responsibility for issues that arose concerning the estate professional that the fiduciary selected and hired, if the fiduciary used due care.

SC 19633
Rogers, C.J.

Connecticut Supreme Court

Marciano v. Jimenez

Trial Court Wrongly Deducted Collateral Source Payments

The use of the word "a" in Connecticut General Statutes §52-225a meant that if there were "any" right of subrogation, a collateral source reduction was not allowed.

SC 19547
Vertefeuille, J.

State Elections Enforcement Commission

Referral by: Secretary of the State

Registrars Fined $400 Because Official Could Not Operate Machine

If election officials received training on operating alternative voting system machines (used by individuals with disabilities) and were not able to operate them on Election Day, the machines were not considered "operable."

2016-043
Bramante

State Elections Enforcement Commission

Referral by: Campaign Disclosure and Audit Unit

Former Treasurer Fined $4,000 For Failure to File Finance Reports

The State Elections Enforcement Commission could fine a treasurer who allegedly failed to file finance reports.

2015-017NF
Bramante

State Elections Enforcement Commission

Complaint by: Perez

Voter Initially was Informed that he Could Not Change Affiliation

Registrars of voters who initially informed a voter he could not change his affiliation, and later that day allowed the voter to change from unaffiliated to Democratic, did not violate state election laws.

2016-032
Bramante

Freedom of Information Commission

Butler v. Chief, Police Dep't, Town of Hamden

Arrestee Requested Copies of Tapes from Body Cameras

The Freedom of Information Commission could not order the release of records that were not available because they were not created.

FIC 2016-0169
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

L.S. v. Webloyalty.com

Consumer Adequately Alleged he Was Victim of Bait and Switch

Allegations that an online retailer and an online discount savings Web site promised a $20 coupon that they never provided, and that a consumer was the victim of a coordinated bait and switch, were sufficient to allege an unfair trade practice.

15-3751

Mashantucket Pequot Tribal Court

Guertin v. Mashantucket Pequot Tribal Nation

MAPA Did Not Provide Jurisdiction Over Mashantucket Worker's Appeal

The Mashantucket Administrative Procedure Act did not prove jurisdiction over a firefighter's appeal of disciplinary action.

MPTC-CV-AA-2016-126
O'Connell, J.

Litchfield J.D., at Litchfield

State v. Ventry

Potential Conflict of Interest Disqualified Defense Attorney

A court could disqualify defendant's attorney, because defendant's attorney also represented a relative who was a significant witness.

CR15-0148236
Dooley, J.

New Britain J.D., at New Britain

Butler v. Butler

Electrical Lineman Claimed Storm Work Pay Should Be Exempt

A court rejected an electrical lineman's claim that because work performed during storms was dangerous, compensation for that work should be exempt from alimony and child support claims.

FA15-5016211
Carbonneau, J.

Hartford J.D., at Hartford

State v. Velez

Defendant Complied with AR, Although he Did Not Pay Restitution

A defendant could comply with conditions of accelerated rehabilitation and probation, even if he did not pay restitution.

CR13-0669812
Bentivegna, J.

New Britain J.D., at New Britain

State v. Lane

Loss of Pocketknife Did Not Violate Due-Process Rights

Allegations that police failed to keep and to preserve a weapon might not be sufficient to establish a due-process violation.

CR15-0276629
Keegan, J.

Litchfield J.D., at Litchfield

Cussen v. Lambert & Barr

Plaintiffs Were Only Entitled to Attorney Fees for CUTPA Count

A court could find that CUTPA allegations were "easily differentiated" from other allegations and that successful plaintiffs were only entitled to attorney fees on the CUTPA count.

CV14-6010425
Moore, J.

United States District Court

United States v. Stanley

Excerpt of Witness's Grand Jury Testimony Was Admissible

A grand jury statement could be admitted to prove that the statement was false, without violating the hearsay rule.

3:15cr198
Meyer, J.

United States District Court

Morales v. Gourmet Heaven

Gourmet Heaven Kitchen Workers Won $175,664 Under FLSA and CMWA

An unpaid worker in Connecticut could be entitled to liquidated damages under the federal Fair Labor Standards Act, plus punitive damages under the Connecticut Minimum Wage Act.

3:14cv1333
Bryant, J.

United States District Court

Boczar v. The Anthem Cos.

51-Year-Old Anthem Director Did Not Prove Age Discrimination

To prove a prima facie case, plaintiff was required to prove that she belonged to a protected group, that she was qualified and that she was discharged under circumstances that led to an inference of discrimination on the basis of age.

3:15cv830
Bryant, J.

United States District Court

Fernandez-Bravo v. Town of Manchester

Cops Had Probable Cause to Arrest for Threatening Emails

Defendant police officer had more than arguable probable cause to arrest plaintiff, after he allegedly sent threatening e-mails to his former wife, in violation of a protective order.

3:12cv1103
Eginton, J.

Connecticut Supreme Court

Dattco v. Comm'r of Transp.

DOT Commissioner Lacked Power to Take Bus Company Certificates

Connecticut General Statutes §13b-36(a) did not authorize the commissioner of the Department of Transportation to exercise the power of eminent domain over certificates of public convenience.

SC 19558
Zarella, J.

Connecticut Supreme Court

State v. Spielberg

Defendant Asked Court to Erase Pot Possession Charges

Public Act 11-71, which reduced the penalty for possession of less than one-half ounce of marijuana to a fine of $150 to $500, effectively decriminalized the possession of small amounts of marijuana.

SC 19627
Espinosa, J.

Connecticut Supreme Court

Blakely v. Danbury Hosp.

'Final Judgment' Rule Barred Hospital's Interlocutory Appeal

The purpose of the "final judgment" rule was to discourage piecemeal appeals, and exceptions to the rule were intended to be narrow.

SC 19461
McDonald, J.

Board of Mediation and Arbitration

Town of Plainfield and AFSCME, Council 4, Local 1303-185

Municipal Worker Allegedly Falsified Records 22 Times

A municipality could possess just cause to discharge a worker who allegedly falsified records 22 times.

2016-A-0537
Kuenhel, Podurgiel and Sullivan

Board of Mediation and Arbitration

City of Hartford and AFSCME, Council 4, Local 1716

Hartford Had Just Cause to Discharge Unproductive Worker

A city could discharge a worker who allegedly was insubordinate and was unable to explain his lack of productivity.

2016-A-0300
Toomey, Malse and Celentano

Board of Mediation and Arbitration

City of Bridgeport and AFSCME, Council 4, Local 1159

Surveillance Tape Supported Citizen's Complaint Against Officer

A city could suspend a police officer who allegedly violated department rules, engaged in a prohibited off-duty arrest, engaged in conduct unbecoming an officer and was not truthful.

2016-A-0232
Kuehnel, Ryan and Sullivan

Mashantucket Pequot Tribal Court

Flanagan v. Mashantucket Pequot Gaming Enter.

Defendant Entitled to Protective Order in Connection with Deposition

It would be unfair to a defendant, to force the defendant to conduct two depositions of a plaintiff's expert witness (one for discovery and one for trial) on the same day.

MPTC-CV-2015-172
Londregan, J.

Hartford J.D., at Hartford

City of Hartford v. CBV Parking Hartford

Hartford Undervalued $4.81 Million Property Near Ballpark at $1.98 Million

Just compensation for property taken by eminent domain could be computed as the market value of the property when put to its highest and best use at the time of the taking.

CV14-5038334
Epstein, J.

Middlesex J.D., at Middletown

Chabad at Wesleyan v. Raimond Duy Baird Mem'l Ass'n

Chabad Claimed that Offer to Purchase Was Enforceable

A written offer to purchase property was not enforceable, absent a contract that both parties signed.

CV16-6015551
Aurigemma, J.

Stamford/Norwalk J.D., at Stamford

Lachira v. Town of Greenwich

Plaintiff Did Not Prove that Sidewalk Contained any Defect

To prevail in a slip-and fall case, plaintiff was required to prove a defect, notice of the defect and failure to exercise due care.

CV13-6020443
Mottolese, J.T.R.

Hartford J.D., at Hartford

Office of Chief Disciplinary Counsel v. Larsen

Lawyer Disbarred After he was Caught Embezzling a Second Time

A court could disbar an attorney who allegedly was caught embezzling funds from a client.

CV16-6066598
Robaina, J.

Stamford/Norwalk J.D., at Stamford

R&W Staffing v. O'Hara

Law Firm Partner Awarded $250 per Hour for 32 Hours of Work

A court could find that the requested attorney fees were "unreasonably high" for a collection action.

CV14-6023282
Adams, J.T.R.

Hartford J.D., at Hartford

Smith v. Long

Plaintiffs Won $35,588 in Uninsured-Motorist Benefits

Connecticut's appellate courts place the burden on claimants to prove that a tortfeasor was uninsured.

CV14-6052608
Elgo, J.

Ansonia-Milford J.D., at Milford

Nemec v. Town of Ansonia

Walker Alleged Recreational-Use Statute did not Cover Municipality

A municipality qualified as an "owner" of land, pursuant to Connecticut General Statutes §52-557g of the recreational- use statute.

CV15-6018817
Stevens, J.

Fairfield J.D., at Bridgeport

Perez-Dickson v. Bridgeport Bd. of Educ.

Principal Collaterally Estopped from Litigating §31-51q Claim

The Connecticut District Court's resolution of material issues in board of education defendants' favor collaterally estopped plaintiff employee from bringing a claim in state court that defendant violated Connecticut General Statutes §31-51q.

CV13-6033116
Kamp, J.

Hartford J.D., at Hartford

Boullie v. Covidien

Manager Alleged that Employer Breached an Implied Contract

Benefits conferred on a manager who won a promotion to director, such as salary increase, stock options, bonus severance package and progressive discipline, were insufficient to change the manager's status as an at-will employee.

CV16-6065369
Peck, J.T.R.

Hartford J.D., at Hartford

Harris v. Kimmel & Silverman

Law Firm Ordered to Disclose Names of Clients and Billing Info

The identities of clients and their addresses, phone numbers and billing information were not protected by the attorney-client privilege.

CV15-6064617
Huddleston, J.

New Haven J.D., at New Haven

Cookingham v. Ieraci

Defendant Sought Disclosure of Plaintiff's Investigative Report

Material prepared by an attorney or the attorney's representative in contemplation of litigation was subject to discovery, if the party who requested discovery established a substantial need of the material and was unable, without undue hardship, to obtain the substantial equivalent.

CV15-6055339
Ecker, J.

Ansonia-Milford J.D., at Milford

Randolph v. Malangone

Teenager Awarded $100,477 for Punch that Broke his Jaw

A court could award economic damages for medical expenses and loss of wages and non-economic damages, for pain and suffering, for a punch in the face.

CV13-6013420
Stevens, J.

Fairfield J.D., at Bridgeport

Fernandes v. Town of Monroe

Plaintiff Awarded $120,000 for Slip and Fall Outside Police Station

A court could find that counsel's arguments about methods that defendant could have used to warn pedestrians was not improper and, even if improper, did not prejudice defendant.

CV14-6044783
Kamp, J.

Hartford J.D., at Hartford

Laz Parking v. Caires

Employer Awarded Treble Damages for Employee's Civil Theft

An employer who proved that an employee engaged in civil theft could be entitled to treble damages, pursuant to Connecticut General Statutes §52-564.

CV15-5038627
Scholl, J.

United States District Court

Simoniz USA v. Dollar Shave Club

Web Site Was not Active when Simoniz Sought Declaratory Judgment

A controversy concerning plaintiff's use of a contested trademark did not appear to be "immediate or real" at the time that plaintiff filed its request for a declaratory judgment, because plaintiff's Web site was not yet functional.

3:16cv688
Bolden, J.

United States District Court

United States v. Rhoades

Child Porn Defendant Sought to Suppress Statements to Cops

A defendant could be "in custody" during an interrogation, if a reasonable individual would not have believed that he was free to leave.

3:15cr206
Meyer, J.

United States District Court

Lassen v. Hoyt Livery

CPA Extrapolated Data from Nine Drivers to 38 Other Drivers

Data on overtime worked by nine drivers did not provide sufficient grounds to draw conclusions about overtime worked by 38 other drivers in an FLSA collective action.

3:13cv1529
Bolden, J.

United States District Court

Milner v. Black

Pro Se Inmate with Seizure Disorder Alleged he was Denied Bottom Bunk

Allegations that plaintiff inmate was diagnosed with a seizure disorder, and that defendant prison officials refused to give him a bottom bunk, were sufficient to state a claim for deliberate indifference to a serious medical condition.

3:16cv1621
Underhill, J.

United States District Court

Christie v. Prescott

Arrestee Did Not Prove Waterbury Officer Used Unreasonable Force

A plaintiff who sued a police officer for excessive use of force carried the burden to prove by a preponderance of the evidence his version of the facts.

3:14cv566
Arterton, J.

Connecticut Appellate Court

Village Apt. v. Ward

Apparent First Impression on Marketable Title Act Exemption

Fences, merestones (the markers of a boundary), trees and shrubs, in the absence of a road or track that ran between them, did not meet the requirements for an exception in Connecticut General Statutes §47-33h of the Marketable Title Act.

AC 38047
Bear, J.

Connecticut Appellate Court

D'Amato v. Hart-D'Amato

Mom Did Not Prove that Judge Adelman Should Have Been Recused

The fact that the trial court ruled in favor of the father when it awarded the father sole custody was insufficient to establish personal bias against the mother.

AC 36849
Beach, J.

Connecticut Appellate Court

Ford v. St. Francis Hosp. and Med. Ctr.

Plaintiff Failed to Establish Jurors Used Wrong Burden of Proof

To prevail on a negligence claim, plaintiff was required to prove, by a preponderance of the evidence, that defendants failed to maintain safe conditions at a hospital construction work site and were negligent.

AC 37866
Alvord, J.

Connecticut Appellate Court

Ambrose v. Comm'r of Correction

Petitioner Claimed Trial Lawyer Did Not Place Plea Offer on Record

Issues in petitioner's habeas petition, in which he alleged that trial counsel provided ineffective assistance, because he did not place the state's first plea offer on the record, were not debatable among jurists of reason and could not be resolved in a different manner.

AC 38229
Per Curiam

Connecticut Supreme Court

In re Jayce

Mom Did Not Prove Trial Court Violated Due-Process Rights

The trial court's reliance on an earlier termination of respondent mother's parental rights when the mother was 17 years old did not violate the mother's due-process rights.

SC 19669
Espinosa, J.

Board of Labor Relations

In the Matter of: City of New Haven and Local 3144, Council 4, AFSMCE, AFL-CIO

City Controller Took On Part of Web Designer's Workload

An employer could commit an unlawful refusal to bargain and a prohibited practice, if the employer unilaterally transferred bargaining unit work to non-bargaining unit employees.

4928
Battey, Low and Bird

United States Court of Appeals for the Second Circuit

Nadesan v. Citizens Fin. Grp.

Worker from Singapore Did Not Adequately Claim Race Discrimination

To prevail on a claim of race discrimination, a worker was required to allege that defendants treated him differently because of his race.

16-942cv

United States Court of Appeals for the Second Circuit

Beard v. Town of Monroe

Property Owner Did Not Prove Selective Enforcement by P&Z

To prevail on a selective enforcement claim, in violation of the Equal Protection Clause in the 14th Amendment, plaintiff was required to prove an extremely high degree of similarity between himself and alleged comparators.

16-44cv

United States Court of Appeals for the Second Circuit

Harnage v. Torres

Continuing Violation Doctrine Did Not Extend Statute of Limitations

The continuing violation doctrine did not apply, to extend the statute of limitations.

16-437cv

Hartford J.D., at Hartford

Duncan v. Alicea

Seller Waived any Right to Receive $101,000 Promissory Note

A party who went ahead with a real estate closing, without obtaining the $101,000 promissory note in the parties' contract, could waive the right to the promissory note.

CV16-6068596
Moukawsher, J.

New London J.D., at New London

Troiano v. Payne

Clients Lacked Cause of Action for Common-Law Indemnification

Allegations that defendants' negligent legal advice caused plaintiffs to sustain losses were insufficient to allege a cause of action for common-law indemnification.

CV16-6025888
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

Flick v. Bean

Late-Night Worker Confronted Invitee and Allegedly was Assaulted

An exception to the exclusivity rule in the Workers' Compensation Act existed, if an employer intentionally created a dangerous condition that made the employee's injury substantially certain to occur.

CV15-6027128
Jacobs, J.

New Britain J.D., at New Britain

Kaminski v. State

Inmate Alleged Corrections Officer Lost Control of Van

To prevail on a negligence claim, plaintiff inmate was required to prove duty, breach of duty, causation and injury.

CV13-5015829
Swienton, J.

Hartford J.D., at Hartford

Office of the Chief Disciplinary Counsel v. Pagani

Attorney Who Allegedly Overstated Property Value Suspended Four Years

A court could suspend or disbar an attorney who allegedly committed a crime.

CV16-6070794
Robaina, J.

Waterbury J.D., at Waterbury

Office of the Chief Disciplinary Counsel v. Avitabile

Attorney who Resigned Claimed Court Could Not Discipline him

A court could possess jurisdiction over the discipline of an attorney, even if the attorney resigned from the bar and waived his right to apply for readmission.

CV16-6030070
Taylor, J.

New London J.D., at New London

Fucci v. Bartlett

Landlord Awarded $12,741 for Rent and Property Damage

A court rejected defendant tenants' argument that the terms of the stipulated judgment superceded the terms of the original lease.

CV15-6023728
Bates, J.

Windham J.D., at Putnam

Tao v. Court of Probate

Trial Judge Served as Counsel to Defense Counsel's Wife in 2002

A court rejected a claim that a judge was biased, because he served as counsel to defense counsel's wife 14 years ago in a 2002 real-estate transaction.

CV14-5005838
Calmar, J.

Fairfield J.D., at Bridgeport

Rontonto v. Geico Gen. Ins. Co.

Insurer Claimed that Only the Limited Liability Co. Was Insured

When terms in an insurance policy were ambiguous, a court could construe the ambiguity in favor of the insured.

CV16-6055611
Krumeich, J.

Stamford/Norwalk J.D., at Stamford

Intrieri v. Mileto

Parties Disputed whether Girls' Softball Coach Participated in Game

A softball coach qualified as a "participant" and was required to allege reckless or intentional conduct to recover in a personal-injury suit.

CV16-6028534
Lee, J.

Fairfield J.D., at Bridgeport

Velazquez v. Dep't of Correction

Gay Corrections Officer Adequately Alleged Hostile-Work Environment

A jury could find that sexual remarks that clearly mocked plaintiff's sexual orientation were more than isolated remarks or occasional incidents of harassment and created a hostile-work environment.

CV15-6051925
Krumeich, J.

Hartford J.D., at Hartford

Stevens v. Vito's by the Water

Bartender Did Not Prove Employer Violated the Minimum Wage Act

A bartender was required to provide more than generalized proof to establish a violation of the Connecticut Minimum Wage Act.

CV15-6062506
Elgo, J.

Windham J.D., at Putnam

Gonzalez v. Path Acad. Windham

Teacher Alleged Constructive Discharge from Charter School

To prevail on allegations of constructive discharge, plaintiff employee was required to allege that defendant employer intentionally furnished the employee without any options, other than to resign, and that a reasonable individual would find the employer's conduct intolerable.

CV16-6010365
Boland, J.

New Haven J.D., at New Haven

Fennelly v. Town of Cheshire

Disabled Woman Alleged Cops Ignored Complaint about Burglary

Individual liability under Connecticut General Statutes §46a-60(a)(4) might only be imposed on supervisory employees or other employees.

CV16-6062513
Wilson, J.

United States District Court

Simpson v. United States

Executrix Alleged VA Hospital Permitted Methadone Patient to Drive

The owner of a property could owe a business invitee the duty to maintain the premises in reasonably safe condition.

3:15cv1859
Bryant, J.

United States District Court

McCoy v. City of New Haven

Parks and Recreation Workers Protested Random Drug Tests

Plaintiffs were required to exhaust administrative grievance procedures under a collective bargaining contract, prior to filing a complaint.

3:15cv1532
Haight, J.

United States District Court

Baldwin v. Colvin

ALJ Did Not Credit A.P.R.N.'s Opinion that Claimant Should Elevate Legs

Generally, administrative law judges were supposed to explain the weight provided to opinions from medical sources "other" than doctors, such as registered nurses.

3:15cv1462
Margolis, J.

United States District Court

United States v. Green

Embezzler Ordered to Pay Restitution of $163,324 to Victim

The Mandatory Victims Restitution Act provided that a district court could order that a defendant make restitution to a victim who was directly and proximately harmed.

3:16cr20
Shea, J.

Connecticut Appellate Court

In re Baciany

Incarcerated Father Allegedly Abandoned his Infant Child

To prevail on a petition to terminate the parental rights of the biological father, the mother was required to prove one of the seven grounds for termination in Connecticut General Statutes §45a-717(g)(2), and that termination was in the best interests of the minor child.

AC 39142
Lavine, J.

Connecticut Appellate Court

State v. Norman P.

Trial Court Admitted Only Excerpts of Defendant's Confession

Following defendant's request, the trial court should have admitted defendant's entire confession to the police, to ensure that excerpts from the confession were not taken out of context.

AC 37947
Prescott, J.

Connecticut Supreme Court

State v. Agron

Bail Bond Company Tracked Fugitive Defendant to Puerto Rico

The word "detained" in Connecticut General Statutes §54-65c meant "detained" by the government, as opposed to detained by a bail bond company.

SC 19499
Eveleigh, J.

Connecticut Supreme Court

Burton v. Comm'r of Envtl. Prot.

High Court Reinstated Nuclear Power Station Case a Second Time

A case could be moot, if there were no controversy between the parties, or if the court could not provide the parties any practical relief.

SC 19664
Rogers, C.J.

Connecticut Supreme Court

Conn. Nat'l Mortg. v. Knudsen

Lower Court Wrongly Dismissed 1989 Foreclosure Case as Moot

A trial court's judgment of strict foreclosure triggered an automatic stay, because it was an appealable final judgment.

SC 19672
Per Curiam

Statewide Grievance Committee

Zuraitis v. Lipsky

Attorney to be Presented, to Consolidate Disciplinary Matters

An attorney and disciplinary counsel could agree to a presentment to Connecticut Superior Court, to consolidate various disciplinary matters.

16-0256
Masi, Esq., Matthew and Sansone, Esq.

Statewide Grievance Committee

New Haven J.D. v. Olgin

Attorney Practicing Law Since 1975 Admitted that he Was Not Diligent

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

15-0527
Sheridan and Golger, Esq.

Statewide Grievance Committee

Bowler v. Cayo

Attorney Ordered to Take Course on IOLTA Account Management

An attorney who allegedly failed to properly safeguard his clients funds account could violate the Rules of Professional Conduct.

16-0140
Jenkins and Allen, Esq.

Freedom of Information Commission

Brechlin v. City Council, City of Meriden

City Council Violated 'Open Meeting' Requirements in FOIA

A "leadership gathering" that included the majority and minority leaders of the city council, plus their deputies, could qualify as a "meeting" under Connecticut General Statutes §1-200(2).

FIC 2016-0066
Freedom of Information Commission

Compensation Review Board

Charles v. Bimbo Foods

Appeal Was not Filed Timely within 20 Days of Decision

A claimant who alleged that his claims for chronic respiratory illness from a workplace chemical inhalation were wrongly denied was required to appeal within 20 days of the trial commissioner's decision.

5986 CRB 7-15-2
Mastropietro, with Walker and Salerno

Board of Labor Relations

Office of the Attorney Gen. and AFT Conn.

American Federation of Teachers to Represent Asst. Attorney Generals

Individuals who worked for the Office of the Attorney General as assistant attorney generals lacked standing to request that the Board of Labor Relations issue a declaratory ruling that excluded them from a collective bargaining unit.

4930
Battey, Low and Collins

Mashantucket Pequot Court of Appeals

Luond v. Mashantucket Pequot Gaming Enter.

Inclusion of Prior Discipline in Record Was Harmless Error

Inclusion of prior discipline in the record could constitute harmless error, if sufficient evidence existed to discharge based on a customer's statement and a surveillance tape.

CV-AA-2012-168
Blaeser, J., Weathers, J., and Bigler, J.

New Haven J.D., at New Haven

Barry v. Greater Hartford Cmty. Found.

Grandmother Alleged Premises Liability from Golf Cart Accident

Allegations that plaintiff was an invitee on premises that were defective, because defendants' golf cart was dangerous and lacked a seatbelt or harness, were sufficient to state a claim for premises liability.

CV16-6062428
Wilson, J.

New Haven J.D., at New Haven

Kusmit v. Court of Probate

Plaintiff's Attorney John Mills Disqualified as a Necessary Witness

In a dispute about the reasonable allocation of counsel fees from a prior case, a court could disqualify plaintiff's counsel, because counsel was a necessary witness.

CV15-6057289
Frechette, J.

Hartford J.D., at Hartford

Town of W. Hartford v. DeMartinis

Owners Face Fine of $100 Per Day for Failure to Remediate Property

A court could fine defendants who failed to comply with a court order to eliminate or replace a porch and retaining wall and to remove abandoned or inoperable motor vehicles.

CV16-6069634
Peck, J.T.R.

Hartford J.D., at Hartford

Kostek v. State Farm Mut. Auto. Ins.

Young College Graduate Qualified as 'Resident Relative'

A court could find that a young college graduate resided primarily with his parents and qualified as a "resident relative" for purposes of underinsured-motorist benefits.

CV15-6056670
Moukawsher, J.

Saunders v. St. Vincent's Special Needs Ctr.

Saunders v. St. Vincent's Special Needs Ctr.

Worker with ADD and Dyslexia Adequately Alleged Discrimination

Allegations that a worker's ability to read, think and work were restricted because of attention deficit disorder and dyslexia were sufficient to allege the worker suffered from disability.

CV14-6017348
Tyma, J.

Middletown J.D., at Middlesex

Viscuso v. Chevalier

Plaintiff who Was Injured in Beer Bottle Fight Won $74,147

A court could award economic damages for medical expenses and non-economic damages for pain and suffering to an individual who was injured in a fight.

CV15-6013116
Aurigemma, J.

Hartford J.D., at Hartford

Stellmacher v. Maneeley

Jury Did Not Award Economic Damages for Medical Expenses

A jury reasonably could have found that a plaintiff who had pre-existing back and neck pain and was able to perform two "physically demanding" jobs following a low impact motor-vehicle accident was not entitled to economic damages.

CV14-6055492
Shapiro, J.

Devine v. Nationstar Mortg.

Devine v. Nationstar Mortg.

Mortgagor Alleged Mortgagee Entered Premises without Permission

Allegations that defendant mortgagee did not keep accurate payment records, and demanded payment for payments that plaintiff homeowner already had made, were sufficient to allege a violation of the Connecticut Unfair Trade Practices Act.

CV16-6031849
Wiese, J.

Stamford/Norwalk J.D., at Stamford

Ward v. Weber

Although Contractor Was Negligent, Homeowner Was 51 Percent Negligent

A jury could find that although a home improvement contractor was negligent, the homeowner was 51 percent negligent.

CV13-6020380
Lee, J.

New Britain J.D., at New Britain

Rutledge v. Krynski

Driver Alleged Excessive Use of Force by Connecticut State Trooper

Allegations that defendant state trooper grabbed his Taser gun and pointed it at plaintiff in a threatening manner, because plaintiff experienced a flat tire and initially refused to move his motor vehicle, were sufficient to allege excessive use of force.

CV16-6032664
Wiese, J.

United States District Court

Boutillier v. Hartford Pub. Sch.

Gay First-Grade Teacher Alleged Sexual Orientation Discrimination

Title VII protected individuals who were discriminated against on the basis of sex, because of their sexual orientation.

3:13cv1303
Eginton, J.

United States District Court

United States v. Oreckinto

Defendant Allegedly Stole 8,012 Cartons of Cigarettes from Candy Co.

A federal grand jury indictment was required to track the language of a federal statute and to state the time and place of the alleged crime.

3:16cr26
Meyer, J.

United States District Court

Benjamin v. Pillai

Inmate Alleged Defendant Dr. Provided Almost No Treatment

Allegations that defendants provided almost no medical treatment other than Motrin for severe back pain and insomnia, and threatened to retaliate if plaintiff prisoner complained, were sufficient to state claims for violation of the Eighth Amendment and retaliation.

3:16cv1721
Meyer, J.

United States District Court

Algonquin Gasoline v. Petroleum and Franchise Capital

Chicago-Based Plaintiffs Sought Depositions in Chicago

Connecticut courts possessed broad discretion to change the location of depositions upon good cause shown, to protect a party from undue burden or expense, pursuant to Fed. R. Civ. P. 26.

3:16cv17
Bolden, J.

United States District Court

Lockwood v. Colvin

Disabled Plaintiff who Obtained Remand Entitled to Attorney Fees

To prevail on a request for attorney fees under the Equal Access to Justice Act, plaintiff was required to prove that plaintiff qualified as a "prevailing party," that defendant's position lacked substantial justification and that no special circumstances existed that would make an award unjust.

3:15cv1026
Merriam, J.

Connecticut Appellate Court

Town of Monroe v. Discover Prop. and Cas. Ins.

Duty to Defend Was Not Barred by Exclusion for Contract Claims

An insurance company did not possess the duty to defend, if allegations in a third party's complaint against the insured clearly and unambiguously established that a policy exclusion for contracts should apply.

AC 38332
Beach, J.

Connecticut Appellate Court

Nieves v. Comm'r of Correction

State's Witness Wrongly Claimed that Petitioner Had Neck Tattoos

Defense counsel had the discretion to make a strategic decision on whether to present a witness' statement that, although potentially exculpatory, could have harmed a client's case.

AC 38172
Norcott, J.

Connecticut Appellate Court

Meadowbrook Ctr. v. Buchman

Consumer Moved for Attorney Fees 35 Days After Final Judgment

The requirement in Practice Book §11-21 that a successful consumer file a motion for attorney fees within 30 days of judgment was directory, as opposed to mandatory.

AC 37979
Bishop, J.

Connecticut Supreme Court

In re Daniel

Rule that Required Canvass of Parents Was Not Retroactive

The rule articulated in In re Yasiel that required that trial courts conduct canvasses of biological parents prior to trials in termination-of-parental-rights cases was not retroactive in nature.

SC 19731
Eveleigh, J.

Connecticut Supreme Court

Strycharz v. Cady

Genuine Issue, if Assistant Principals Distributed Bus Roster

School officials could be legally responsible, if school officials' negligence on school property proximately caused plaintiff student's injuries away from school grounds.

SC 19507
Palmer, J.

Connecticut Supreme Court

State v. Benedict

Sex Assault Defendant Attempted to Exclude Cop as a Prospective Juror

Grounds for a principal challenge to a juror could include an employer-employee relationship, such as a municipal police officer who worked for the Connecticut State Police officer who investigated a complaint.

SC 19549
Rogers, C.J.

Freedom of Information Commission

Torlai v. Comm'r, Dep't of Emergency Serv. and Pub. Prot.

Certain Tapes of DUI Arrestees Were Not Exempt from Disclosure

Tapes of arrestees who entered the pretrial alcohol education program were not exempt from disclosure, pursuant to Connecticut General Statutes §54-56g.

FIC 2016-0134
Freedom of Information Commission

Freedom of Information Commission

Shafer v. Chief, Police Dep't, City of Bridgeport

ACLU Proved that Bridgeport Police Department Violated FOIA

An exemption in Connecticut General Statutes §1-210(b)(3)(E) that applied to law enforcement "investigatory techniques not otherwise known to the general public" might not apply, if a local television show previously broadcast information about police investigatory techniques.

FIC 2016-0050
Freedom of Information Commission

Freedom of Information Commission

Bates v. Dir., Personnel Dep't

Director's Handwritten Documents Were Exempt as 'Preliminary Drafts'

The Freedom of Information Act contained an exemption for "preliminary drafts."

FIC 2015-855
Freedom of Information Commission

Freedom of Information Commission

Alston v. Semple

Known Gang Member Sought Information about own Use of Aliases

The Department of Correction was not required to disclose information that could harm prison safety.

FIC 2016-0186
Freedom of Information Commission

Compensation Review Board

Stackpole v. City of Stamford

City Argued Cop Exhibited Signs of Hypertension Prior to Hire

A workers' compensation trial commissioner could credit the testimony of the claimant's treating physician that claimant did not have hypertension at the time of hire.

6062 CRB 7-15-12
Mastropietro, with Walker and Salerno

United States Court of Appeals for the Second Circuit

United States v. Rosa

Lack of Competency Hearing Was not an Abuse of Discretion

A district court was required to conduct a mental competency hearing, if reasonable cause existed to believe that defendant might suffer from a mental disease or defect that made defendant mentally incompetent, such that he was unable to comprehend the nature of the criminal process and to assist in his defense.

14-1761-cr and 14-3334

United States Court of Appeals for the Second Circuit

Kaskel v. Compagnone

Police Detective Had Probable Cause to Arrest Father of Kids

Probable cause existed if the totality of the evidence would lead a reasonable and prudent police officer to believe that a criminal offense was being committed.

15-3802-cv

Hartford J.D., at Hartford

Doe v. Abriola

No Cause of Action Existed for Negligent Disclosure of HIV Info

Connecticut did not recognize a cause of action for negligent disclosure of confidential health information, such as HIV information. The court granted defendants' motion to strike plaintiff's claim that defendants negligently faxed a report that stated that plaintiff had HIV to plaintiff's workplace.

CV16-5041669
Huddleston, J.

New Haven J.D., at New Haven

Luciani v. Travelers Cas. Ins.

Pedestrian Was Not Entitled to Underinsured-Motorist Benefits

A pedestrian who did not claim that she was "in, upon, getting in, out or off" a motor vehicle when she was injured in a motor-vehicle accident was not entitled to underinsured-motorist benefits.

CV15-6052072
Blue, J.

Stamford/Norwalk J.D., at Stamford

Kellogg v. Middlesex Mut. Assurance

Historic Home Owner Alleged Insurer Violated CUIPA and CUTPA

Allegations that defendant insurance company violated CUIPA and CUTPA, the Connecticut Unfair Insurance Practices Act and the Connecticut Unfair Trade Practices Act, respectively, were separate from claims that arbitrators did not properly recognize the historic nature of the home and disregarded the terms of the insurance policy.

CV16-6027990
Heller, J.

Stamford/Norwalk J.D., at Stamford

Stepniarek v. City of Norwalk

Norwalk Entitled to 'Recreational Use' Immunity for Bike Accident

A municipality that did not charge an admission fee was entitled to "recreational use" immunity, pursuant to Connecticut General Statutes §52-557g, on claims of negligence and premises liability.

CV15-6025335
Heller, J.

New Britain J.D., at New Britain

Murray v. State Bd. of Educ.

Parents Wrongly Enrolled their Kids in Middlebury Schools

A hearing officer could find that plaintiffs were required to send their children to school in the municipality where their dwelling was located, even if the address for the residence was in a different municipality.

CV15-6032317
Cohn, J.T.R.

Fairfield J.D., at Bridgeport

Wright v. Ray

Plaintiffs Who Allegedly Were Rear-Ended Awarded $101,302

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to plaintiffs who were rear-ended in a motor vehicle accident.

CV15-6047917
Gilardi, J.T.R.

New Britain J.D., at New Britain

Travelers Indem. v. Swiatowiec

Former Husband who Owed Wife Money Was Subject to Turnover Order

A husband who owed his wife money could be subject to a turnover order, pursuant to Connecticut General Statutes §52-356b.

CV10-6006859
Shortall, J.T.R.

Glass v. Bank of Am.

Glass v. Bank of Am.

Bank Allegedly Authorized Third Party to Enter Owners' Property

Allegations that defendant bank did not exercise reasonable care when it chose a third party to protect plaintiffs' property were sufficient to allege breach of a duty to hire a competent company for property preservation.

CV15-6027170
Brazzel-Massaro, J.

New Britain J.D., at New Britain

Semac Elec. v. Skanska USA Bldg.

Sophisticated Commercial Entities Waived Right to Jury Trial

When considering whether to enforce a waiver in a commercial contract, a court might consider the conspicuousness of the waiver, its location relative to the parties' signatures, its typeface and font size, any disparity in the parties' bargaining power and whether the parties negotiated and were represented by counsel.

CV15-6031179
Young, J.

United States District Court

Dixon v. The Scott Fetzer Co. d/b/a Kirby

Salespeople Alleged they Were Underpaid, in Violation of FLSA

Absent prejudice to defendant, a court could grant a motion to add additional plaintiffs, pursuant to Fed. R. Civ. P. 15 and Rule 20(a)(1).

3:11cv982
Shea, J.

United States District Court

Morgan v. Dzurenda

Conspiracy Based on Sexual Orientation Not Adequately Alleged

To prevail on a civil conspiracy claim, plaintiff inmate was required to allege that defendant prison officials were in a conspiracy to deprive plaintiff of equal protection of the laws, and that defendants engaged in an overt act.

3:14cv966
Bolden, J.

United States District Court

Uscilla v. Diversified Maint. Sys.

Plaintiff and One Defendant Were Residents of Connecticut

Diversity jurisdiction did not exist, unless all the plaintiffs resided in different states than all the defendants.

3:16cv1878
Meyer, J.

United States District Court

Tillackdharry v. Kerry

Worker Who Involuntarily Resigned had 45 Days to Inform EEO Counselor

A former employee possessed constructive notice of the 45-day limit in which to bring a discrimination claim to an equal employment opportunity counselor, because the 45-day limit was included on an employee bulletin board.

3:14cv611
Shea, J.

Connecticut Appellate Court

State v. Whitnum-Baker

Law Library Customer Allegedly Attempted to Bite State Marshal

Evidence that a law library customer allegedly attempted to bite the arm of a state marshal was sufficient to convict the customer on charges of creating a public disturbance.

AC 38327
Per Curiam

Connecticut Appellate Court

Mourning v. Comm'r of Correction

Ballistics Expert was 'Clear, Coherent, and Believable'

To prevail on a claim of ineffective assistance of counsel, a petitioner was required to prove that trial counsel's performance was deficient and that the deficient performance prejudiced the defense.

AC 37601
Mullins, J.

Connecticut Appellate Court

Hanson v. Comm'r of Correction

Former Attorney Failed to Prove Ineffective Assistance of Counsel

Ample evidence in the record supported the habeas court's conclusion that petitioner, who practiced law approximately 18 years, lacked a claim for ineffective assistance of counsel, because he represented himself pro se and did not hire Attorney Salvatore Bonnano to serve as his counsel.

AC 37389
Bishop, J.

Connecticut Appellate Court

Gooden v. Comm'r of Correction

Petitioner Did Not Prove he Was Entitled to 618 Days of Credit

A petitioner did not prove ineffective assistance of counsel, because counsel failed to ask the trial judge for additional credit at sentencing.

AC 38169
DiPentima, C.J.

Connecticut Appellate Court

State v. Moore

African-American Defendant Did Not Prove Fair Cross-Section Claim

To prevail on a Sixth Amendment fair cross section claim, defendant was required to prove that jurors were systematically excluded on the basis of race.

AC 38624
Keller, J.

State Elections Enforcement Commission

Complaint by: Jackson

Use of School Cafeteria as Polling Station Did Not Violate §9-236(c)

A school cafeteria could be used as both a cafeteria and as a polling station, provided that physical barriers and signs separated the polling station, and the polling station was continuously monitored.

2016-042
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Fydenkevez

Respondent Registrars of Voters Did Not Remove Complainant's Name

A registrar of voters who wrongfully removed a voter's name from the list of registered voters could be fined up to $2,000.

2016-024A
Castagno, Chair

Freedom of Information Commission

Pittman v. Chief, Police Dep't, City of New Haven

New Haven Police Department Did Not Provide Records Promptly

A public agency that did not provide a copy of a public record for almost seven months did not comply with "promptness" requirements in the Freedom of Information Act.

FIC 2016-0201
Freedom of Information Commission

Freedom of Information Commission

Minor v. Mayor, City of Bristol

Letter of Intent to Purchase Land Was Exempt as a 'Preliminary Draft'

Municipal respondents were not required to disclose a hospital's "letter of intent" to purchase municipal property, because negotiations remained incomplete and the "letter of intent" qualified as a "preliminary draft."

FIC 2015-880
Freedom of Information Commission

Freedom of Information Commission

Miller v. Riddick

Inmate with $44 in Prison Account Not Entitled to Free Copies

An inmate with $44 in his prison account did not qualify as indigent and was not entitled to free copies.

FIC 2016-0105
Freedom of Information Commission

Freedom of Information Commission

Howell v. Comm'r, Dep't of Labor

Tipster Requested Information about Results of DOL Investigation

The Department of Labor was not required to disclose the results of an investigation about possible unemployment fraud, if the disclosure would identify specific individuals.

FIC 2016-0210
Freedom of Information Commission

Freedom of Information Commission

Halbig v. Comm'r, Dep't of Emergency Serv. and Public Prot.

State Police To Disclose Dashboard Camera Tape from Sandy Hook Shooting

The tapes from dashboard cameras of police officers who responded to the Sandy Hook Elementary School shooting in Dec. 2012 were not exempt from disclosure.

FIC 2015-786
Freedom of Information Commission

Waterbury J.D., at Waterbury

Robinson-Maresca v. Comm'r, Dep't of Children and Families

DCF Commissioner Did Not Violate Mother's Privacy

The Department of Children and Families' release of information concerning the department's investigation of the homicide by blunt force trauma of a 5-month-old child did not include "individually identifiable information" about the child's mother, in violation of Connecticut General Statutes §17a-28.

CV13-6020031
Roraback, J.

New Haven J.D., at New Haven

Harding v. City of New Haven

Plaintiff Alleged City's Repairs Caused her to Slip and Fall

Allegations that defendant municipality's affirmative acts in attempting to repair a sidewalk caused plaintiff's injuries in a slip and fall were sufficient to state a cause of action against the municipality.

CV13-6043154
Alander, J.

Hartford J.D., at Hartford

Audibert v. Halle

Defendant's Closing Argument Did Not Deprive Plaintiff of Fair Trial

A court could set aside a verdict, if defense counsel's comments during closing argument deprived plaintiff of a fair trial.

CV14-6049747
Elgo, J.

New Haven J.D., at New Haven

O'Reilly v. Davis

Attorney Sanctioned $1,739 for False Answer to Discovery

A court could sanction an attorney who allegedly authorized a false answer to discovery interrogatories.

CV13-6037109
Blue, J.

Fairfield J.D., at Bridgeport

Wahlberg v. Zoning Comm'n of the Town of Stratford

Church Applicant Timely Published Notice of Zoning Commission Decision

The applicant was allowed an additional 10 days, within which to publish legal notice, if the zoning commission did not publish notice.

CV16-6056597
Radcliffe, J.

Fairfield J.D., at Bridgeport

Pereira v. Ganim

Bridgeport Mayor Could Fill Vacancies on Board of Education

If the board of education did not fill a vacancy within 30 days, the mayor had the power to appoint a qualified person who was a resident, an elector and a member of the same political party as the person who vacated the board.

CV16-6059229
Bellis, J.

New Britain J.D., at New Britain

State v. Cane

Defendant Moved to Suppress Evidence Found in Protective Sweep

To protect the safety of police officers or others, police could conduct a quick protective sweep without a search warrant.

CR13-0270260
Keegan, J.

Fairfield J.D., at Bridgeport

Daley v. J.B. Hunt Transport

$225,000 Verdict Upheld Although Juror Experienced Memory Problem

A juror's claims that she could not remember reaching and rendering the verdict were insufficient to overturn the verdict.

CV13-6039686
Rush, J.T.R.

New Britain J.D., at New Britain

A.G. Morgan Wealth Mgmt. v. Maccio Fin.

Arbitration Clause Exempted Requests for Injunctive Relief

A court found that the parties' arbitration clause did not require that the parties arbitrate requests for injunctive relief.

CV16-6034158
Wiese, J.

New Haven J.D., at New Haven

Marrero v. Molina

Plaintiff Objected to Disclosure of Personal Medical Records

Medical records of an office visit that took place three months after the subject motor-vehicle accident and that mentioned plaintiff's back injuries were relevant.

CV15-6056042
Blue, J.

Stamford/Norwalk J.D., at Stamford

Sotiropoulos v. Goodyear; Gavrielidis v. Goodyear

Plaintiffs Awarded $14,488 for 2011 Motor-Vehicle Accident

A jury could find that plaintiffs who returned quickly to work following a low-impact motor-vehicle accident were entitled to several months of medical expenses and were not entitled to non-economic damages, for pain and suffering.

CV13-6018135
Lee, J.

Windham J.D., at Putnam

Second Pine Ridge Condo. v. Second Pine Ridge Condo.

Condo Association Only Entitled to Nine Months of Common Charges

Connecticut General Statutes §47-258(b) entitled a condo association that filed a foreclosure action to unpaid common charges due in the nine months prior to the foreclosure action, along with attorney fees and costs.

CV16-6010199
Calmar, J.

Fairfield J.D., at Bridgeport

Terra Mar Constr. v. Andover St. Assoc.

Contractor Lacked Proof Property Owner Agreed to Construction Work

To establish probable cause to file a mechanic's lien, a party that allegedly provided construction work was required to prove it reached agreement either with the owner of the land or a third party with authority from or the right to act for the owner.

CV16-6055748
Krumeich, J.

New Haven J.D., at New Haven

Vaccaro v. U.S. Bank

CUTPA Count Against Bank that Filed Foreclosure Complaint Stricken

Allegations that a mortgagee brought a foreclosure action without ascertaining the status of the note or ensuring that all the paperwork was in order were insufficient to allege an "ascertainable loss," as required to allege a violation of the Connecticut Unfair Trade Practices Act.

CV14-6050373
Fischer, J.

United States District Court

Dineen v. Maine Fish Mkt. Rest.

Servers, Bartenders at Maine Fish Market Won FLSA Class Action

A court could approve the final settlement of a Fair Labor Standards Act class action, if the settlement was fair, reasonable and adequate.

3:15cv1554
Garfinkel, J.

United States District Court

McCullough v. World Wrestling Entm't

Family Did Not Prove that Wrestling Matches Caused Death

Allegations that defendant World Wrestling Entertainment created a dangerous work environment for wrestlers, that plaintiffs' decedents were injured and that those injuries directly caused the deaths of plaintiffs' decedents, were insufficient to allege a cause of action for wrongful death.

3:15cv1074
Bryant, J.

United States District Court

Benjamin v. Colvin

ALJ Wrongly Discounted Opinion of Claimant's Treating Physician

An administrative law judge's decision to discount a treating physician's opinions on a claimant's need for frequent work breaks as a result of back pain did not comport with the treating physician rule.

3:15cv1772
Shea, J.

United States District Court

Gaul v. City of New Haven

Former Recruit Won Reinstatement to Police Academy Training Class

A court could award the remedy of reinstatement to a plaintiff who proved that he was discharged as a result of age discrimination.

3:14cv558
Meyer, J.

United States District Court

N. River Ins. v. O&G Indus.

Victims of Kleen Energy Explosion Sought Rule 30(b)(6) Depositions

A court could quash or modify a subpoena, to protect a party from annoyance, embarrassment, oppression or undue burden or offense, pursuant to Fed. R. Civ. P. 26.

3:13cv589
Meyer, J.

United States District Court

Smith v. Elm City Freddy Fixer Parade

Pro Se Plaintiff Sued Freddy Fixer Parade on Behalf of Corporation

An individual plaintiff was not allowed to represent a corporate entity in Connecticut district court.

3:16cv574
Bryant, J.

United States District Court

Pierce v. Pillai

Delay in Furnishing MRSA News Did Not Violate 14th Amendment Rights

To prevail on a claim that prison officials wrongly withheld medical information, in violation of the 14th Amendment and 42 United States Code §1983, plaintiff was required to prove he would have refused the treatment, if he had been informed.

3:14cv1477
Bryant, J.

United States District Court

Lue v. Princess

Inmate Who Allegedly Fell Did Not Prove Deliberate Indifference

To prevail on his Eighth Amendment claim, plaintiff inmate was required to prove that his medical need was serious and that defendants acted with a culpable state of mind.

3:15cv633
Squatrito, J.

Connecticut Supreme Court

Holston v. New Haven Police Dep't

Cop Timely Filed One Claim for Heart-and-Hypertension Benefits

A police officer met requirements for workers' compensation benefits, because he passed his pre-employment exam, he suffered a myocardial infarction that was caused by heart disease, and he timely filed a claim for heart-and-hypertension within four days of the myocardial infarction.

SC 19631
Eveleigh, J.

Connecticut Supreme Court

State v. Bouknight

Any Error in Admitting Facebook Photo Constituted Harmless Error

A court could find that any error in admitting a Facebook photo that appeared to match the description of the alleged shooter constituted harmless error.

SC 19326
Eveleigh, J.

State Elections Enforcement Commission

Complaint by: Hall

DOC Denied the Right to Vote to Inmate who Was not yet Convicted

Correction workers at Northern Correctional Institution violated Connecticut General Statutes §9-135(b) when they effectively denied an inmate who had not yet been convicted of a felony of the right to vote.

2015-003
Castagno, Chair

Department of Environmental Protection

In the Matter of Dowling

Hearing Officer Overruled Order to Cease Work on Historic Home

Connecticut General Statutes §22a-108 did not permit the Department of Energy and Environmental Protection to issue an order to a municipal zoning commission, to force it to defend its conduct.

LIS-2015-3744-V
Schain, Chair

Compensation Review Board

Williams v. City of New Haven

Prior Ruling on Grievance Complaint Did Not Preclude Workers' Comp Claim

A workers' compensation trial commissioner had jurisdiction to hear claimant's allegation that his municipal employer violated Connecticut General Statutes §31-290a, even though his union filed a grievance and arbitrators concluded in a separate matter that the city had just cause to discharge.

6050 CRB 3-15-10
Mastropietro, with Walker and Salerno

Compensation Review Board

Gould v. City of Stamford

Part-Time Work for LLC Was not Included in Average Weekly Wage

A worker who was injured when working for a municipality was not entitled to include income in his average weekly wage that he obtained from his part-time work for his own limited liability company.

6063 CRB 7-15-12
Walker, with Salerno and Truglia

United States Court of Appeals for the Second Circuit

Menendez v. Lynch

Immigration Judge Reasonably Found Petitioner Was not Credible

Evidence that petitioner allegedly provided conflicting statements about why law enforcement agencies mistakenly believed that he was Mexican could provide grounds to deny his application for asylum and withholding of removal.

15-509