Decisions

Recent Decisions

Stamford/Norwalk J.D., at Stamford

Reice v. O'Sullivan

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

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

Mashantucket Pequot Tribal Court

Osfield v. Mashantucket Pequot Gaming Enterprise

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

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

Mashantucket Pequot Tribal Court

Mashantucket Pequot Gaming Enterprise v. McDuffee

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

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

Mashantucket Pequot Court of Appeals

Malouf v. Mashantucket Pequot Gaming Enterprise

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

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

Waterbury J.D., at Waterbury

Desmornes v. Towers

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

Practice Areas: Torts , Personal Injury , Premises Liability

Waterbury J.D., at Waterbury

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

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

Practice Areas: Insurance Law , Policy Terms

Stamford/Norwalk J.D., at Stamford

Perry v. Perry

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

Practice Areas: Family Law

New Britain J.D., at New Britain

Churchill v. Farmington Woods Master Association Inc.

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

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

Hartford J.D., at Hartford

Carson v. Department of Children and Families

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

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

Ansonia/Milford J.D., at Milford

State v. Ojuma

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

Practice Areas: Criminal Law , Immigration Law

New Haven J.D., at New Haven

Moye v. Warden

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

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Park Avenue Group Consulting LLC v. Maffe

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

Practice Areas: Contracts , Breach

Hartford J.D., at Hartford

Bratter v. Nova 22 Construction Inc.

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

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

Stamford/Norwalk J.D., at Stamford

Manzo-Ill v. Schoonmaker

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

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

Stamford/Norwalk J.D., at Stamford

Itha v. Stafford

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

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

Danbury J.D., at Danbury

Danbury Hospital v. Bilbud

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

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

Norwalk/Stamford J.D., at Stamford

The Nature Conservancy v. Three Feathers LLC

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

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

U.S. District Court

U.S. v. Pellegrino

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

Practice Areas: Criminal Law

U.S. District Court

Figgs v. Arnone

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

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

U.S. District Court

Alston v. Murphy

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

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

U.S. District Court

Roman v. City of Hartford

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

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

U.S. District Court

Colon v. Metro-North Commuter Railroad Co.

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

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

U.S. District Court

M.A. v. Torrington Board of Education

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

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

Connecticut Appellate Court

Gleason v. Smolinski

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

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

Connecticut Appellate Court

Silver v. Holtman

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

Practice Areas: Residential and Commercial Real Estate

Connecticut Appellate Court

Cimmino v. Marcoccia

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

Practice Areas: Torts

Connecticut Appellate Court

Martowska v. White

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

Practice Areas: Family Law

Connecticut Appellate Court

State v. King

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

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Graham S.

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

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Delvecchio v. Commissioner of Correction

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

Practice Areas: Criminal Law

Connecticut Appellate Court

Manning v. Feltman

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

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

Connecticut Appellate Court

Meadowbrook Center, Inc. v. Buchman

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

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

Connecticut Appellate Court

Gaynor v. Hi-Tech Homes

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

Practice Areas: Contracts , Consumer Protection

Connecticut Appellate Court

Pachaug Marina and Campground Association, Inc. v. Pease

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

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

Connecticut Appellate Court

Herasimovich v. Town of Wallingford

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

Practice Areas: Administrative Law , Land Use and Planning

State Elections Enforcement Commission

Complaint by: Nelson

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

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Benedict

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

Practice Areas: Administrative Law , Election and Political Law

Office of the Attorney General

Letter to: Bolton

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

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

Godbout v. Guglielmo

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

Practice Areas: Administrative Law

Freedom of Information Commission

Godbout v. Ayala

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

Practice Areas: Administrative Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Citizen's Ethics Advisory Board

Advisory Opinion 2014-4

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

Practice Areas: Administrative Law , Election and Political Law

Citizen's Ethics Advisory Board

Advisory Opinion 2014-3

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

Practice Areas: Administrative Law , Election and Political Law

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

United States v. $829,422.42 Currency

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

Practice Areas: Criminal Law

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

U.S. v. Davis

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

Practice Areas: Criminal Law

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

Doe v. Waraksa

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

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

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

Fracasse v. People's United Bank

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

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

Ansonia-Milford J.D., at Milford

Syc v. Boudreau

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

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

Middlesex J.D., at Middletown

Beebe v. Wilson

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

Practice Areas: Torts , Personal Injury , Premises Liability

Waterbury J.D., at Waterbury

Sowell v. DiCara

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

Practice Areas: Legal Profession

Hartford J.D., at Hartford

Holmes v. Holmes

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

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

Stamford/Norwalk J.D., at Stamford

Fine v. Town of Westport

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

New Britain J.D., at New Britain

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

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

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

Fairfield J.D., at Bridgeport

O'Brien v. O'Brien

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

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Napolitano v. Napolitano

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

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

McGill v. Pyne

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

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Debaise v. Debaise

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

Practice Areas: Evidence , Expert Witnesses , Family Law

New Haven J.D., at New Haven

Martino v. Bay Crane Service of CT Inc.

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

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

Stamford/Norwalk J.D., at Stamford

Nettles v. Vazquez

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

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

New Haven J.D., at New Haven

Ebenezer Chapel Inc. v. Oliver

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

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

U.S. District Court

Garcia v. Hebert

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

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

U.S. District Court

Prizio v. Lincoln National Life Insurance Co.

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

Practice Areas: Insurance Law

U.S. District Court

Wilson v. Martin

A police officer's use of force is excessive, in violation of the Fourth Amendment to the United States Constitution, if the force is objectively unreasonable, in light of the facts, without regard to the police officer's intent, pursuant to Maxwell v. City of New York, a 2004 decision of the 2nd Circuit.

Practice Areas: Civil Rights , Constitutional Law , Criminal Law

U.S. District Court

Richard Parks Corrosion Tech Inc. v. Plas-Pak Indus. Inc.

A loss of prospective customers may constitute a deprivation, detriment or injury that is capable of being discovered, observed or established, to meet the "ascertainable loss" requirement in an unfair trade practices claim.

Practice Areas: Consumer Protection , Contracts , Breach

U.S. District Court

Vietnam Veterans of America v. U.S. Department of Defense

A response is sufficient for purposes of requiring an administrative appeal, if the response includes the agency's determination, the reason for its decision and notice of the requester's rights to appeal, pursuant to Oglesby v. U.S. Department of Army, a 1990 decision of the D.C. Circuit.

Practice Areas: Administrative Law , Military Law , Civil Procedure

Connecticut Appellate Court

Deane v. Kahn

The burden of proof rests upon the party who is claiming the right-of-way to show the existence of all facts necessary to establish said right of way.

Practice Areas: Residential and Commercial Real Estate

Connecticut Appellate Court

Frauenglass and Associates, LLC v. Enagbare

A claim that does no more than assert a due process violation without legal analysis is deemed abandoned.

Practice Areas: Family Law , Civil Procedure , Constitutional Law

Connecticut Appellate Court

Frances Erica Lane, Inc. v. Board of Zoning Appeals of the Town of Stratford

The legislature expressly contemplated concurrent jurisdiction between the wetlands commission and the zoning board of appeals to regulate matters pertaining to inland wetlands.

Practice Areas: Land Use and Planning

Connecticut Appellate Court

In Re: Zen T.

As explained in the 1992 Connecticut Supreme Court case of In Re: Alexander V, "[b]ecause of the substantial interests involved, a parent in a termination of parental rights hearing has the right not only to counsel but to the effective assistance of counsel…" With Cory T., Heather S. brought her minor child, Zen T., less than three months old, to the emergency room with a swollen leg.

Practice Areas: Family Law

Connecticut Appellate Court

State v. Chiclana

A statement concerning the prior accidental discharge of a gun was relevant to proving that the defendant acted recklessly the day of a fatal shooting during a gun "game," as the statement indicated that the defendant was aware that the gun could discharge unexpectedly and proof of such awareness strongly tended to demonstrate recklessness.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

State v. Smith

The U.S. Supreme Court's 1984 decision in New York v. Quarles instructs that rigid adherence to the prophylactic rule enunciated in its 1964 decision in Miranda v. Arizona must be balanced against the need for immediate information in a developing situation that may pose a threat to public safety.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Cancel

As explained in the 2003 Connecticut Supreme Court case of State v. Merriam, "[i]t is the distinctive combination of actions which forms the signature or modus operandi of the crime…and it is this criminal logo which justifies the inference that the individual who committed the first offense also committed the second."

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Quiroga v. Commissioner of Correction

The 2006 Connecticut Supreme Court ruled in State v. Aquino that absent "evidence that the defendant's guilty plea was the sole reason for his deportation, the defendant's appeal must be dismissed as moot."

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

Ginsberg and Ginsberg, LLC Trustee of the Wiyot Trust v. Alexandria Estates, LLC

On remand, as explained in the 2013 Appellate Court case of State v. Flanagan, "[i]n carrying out a mandate of [the Appellate Court], the trial court is limited to the specific direction of the mandate as interpreted in light of the opinion…"

Practice Areas: Civil Procedure , Appellate Law - Civil , Land Use and Planning

Connecticut Supreme Court

Vendrella v. Astriab Family Limited Partnership

The owner or keeper of a domestic animal that has not previously displayed mischievous propensities has a duty to take reasonable steps to prevent injuries that are foreseeable because of the animal's naturally mischievous propensities.

Practice Areas: Torts

Connecticut Supreme Court

Reardon v. Zoning Board of Appeals of the Town of Darien

Even with a written communication from a zoning official relating to the construction or application of zoning laws, the question of whether a "decision" has been rendered for purposes of appeal turns on whether the communication has a legal effect or consequence.

Practice Areas: Land Use and Planning , Administrative Law

State Elections Enforcement Commission

Referral by: Ledyard Town Clerk

The Secretary of State's "Address Confidentiality Program" permits qualifying individuals to keep their addresses concealed.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Referral by: Greenwich Registrars of Voters

A citizen who owns property in two municipalities can only be registered to vote in one town at a time and may not vote for municipal candidates in both municipalities on the same day.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Smith

Elections officials are required to count citizens' votes for write-in candidates.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Keatley

Volunteer corporations may be required to include attribution information on advocacy materials created to express opposition to a municipal referendum.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Johnson

Connecticut General Statutes §9-364 provides, "Any person who, with intent to disenfranchise any elector, influences or attempts to influence by force or threat, bribery or corrupt, fraudulent or deliberately deceitful means any elector to stay away from any election shall be guilty of a class D felony."

Practice Areas: Administrative Law , Election and Political Law , Criminal Law

State Elections Enforcement Commission

Complaint by: Gonzalez

Other than basic campaign paraphernalia in the nature of T-shirts, stickers and magnets, candidate committees should not offer gifts in exchange for qualifying contributions, even if the gift is from a third party.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Copp

Registrars of voters may not be required to inform candidates who are campaigning for municipal office about the party affiliations of registered voters.

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

Godbout v. State of Connecticut, Bipartisan Task Force On Gun Violence Prevention and Children's Safety, Connecticut General Assembly

The General Assembly is expressly excepted from the notice of meeting requirements in Connecticut General Statutes §1-225.

Practice Areas: Administrative Law

Freedom of Information Commission

Bromer v. Herrmann

Emails about political action taken by the respondents as they sought to refute statements made by political adversaries did not constitute communications regarding a matter over which the respondents had supervision, control, jurisdiction or adversary power and, thus, did not constitute "communications" within the meaning of Connecticut General Statutes §1-200(2).

Practice Areas: Administrative Law

Compensation Review Board

Reid v. Speer

The purpose of the preclusion statute, Connecticut General Statutes §31-294c(b), is to provide a timely response to the claimant as to whether the claim will be accepted; an affirmative statement that the respondent denies the jurisdictional requirement of an employer-employee relationship satisfies the statute; silence does not.

Practice Areas: Social Services Law , Workers’ Compensation

Board of Mediation and Arbitration

Town of East Hartford and Teamsters, Local 559

Absent language in a collective bargaining contract, a shift differential may not be applied to the calculation of lump sum holiday compensation.

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

Board of Mediation and Arbitration

City of Stamford and Stamford Board of Education Employees Association

A municipality may not violate a collective bargaining contract when it follows a past practice of re-assigning the least senior workers in a bargaining unit for two months.

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

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Absent evidence of a past practice, an employee who works light duty on a regularly scheduled vacation day may be entitled to overtime.

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

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

Nunn v. Massachusetts Casualty Insurance Co.

Under Pennsylvania law, policyholders who rely on the representations of a sales agent and who do not read their insurance policies may be entitled to the reformation of insurance policies, pursuant to their "reasonable expectations."

Practice Areas: Insurance Law , Policy Terms

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

U.S. v. Pressley

A sentence can damage the administration of justice if the sentence is shockingly high, shockingly low or otherwise is unsupportable as a matter of law, pursuant to United States v. Rigas, a 2009 decision of the 2nd Circuit.

Practice Areas: Criminal Law

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

U.S. v. Rodriguez

The Fair Sentencing Act of 2010 may not apply to a defendant who was convicted and sentenced prior to its enactment.

Practice Areas: Criminal Law

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

U.S. v. Hodge

The "law of the case" doctrine may not control, when a District Court judge conducts a de novo review of a defendant's sentence.

Practice Areas: Criminal Law

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

Tellado v. U.S.

A District Court's omission of the phrase "collateral attack" in an explanation of a defendant's waiver may not constitute plain error.

Practice Areas: Criminal Law

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

Baker & Taylor Inc. v. Avery

A company may not be entitled to enforce a guaranty to a parent company in connection with debt that is owed to a subsidiary.

Practice Areas: Creditors’ and Debtors’ Rights

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

Jordan v. Sheehy

Allegations that a judicial marshal struck an inmate in the face may be insufficient to prove excessive use of force, if the inmate engaged in provocative behavior and the inmate's injuries were minimal.

Practice Areas: Civil Rights , Constitutional Law

New Britain J.D., at New Britain

Image First Healthcare Laundry v. Administrator, Unemployment Compensation Act

A worker who leaves suitable work voluntarily, with good cause attributable to the employer, may be eligible for unemployment benefits.

Practice Areas: Social Services Law , Unemployment Compensation

New Britain J.D., at New Britain

Sakon v. STJKBJ Investments Trusts

Evidence that a trustee frequently became lost when operating a motor vehicle, failed to recognize her own child, could not operate a television remote control, did not recall grandchildren's names and was admitted to an Alzheimer's facility may be sufficient to prove that the trustee was mentally incompetent when she revoked a trust.

Practice Areas: Trusts and Estates

New Britain J.D., at New Britain

Civie v. Connecticut Siting Council

Property owners who fail to prove any cognizable injury from the use of an easement, or that the proposed use of the easement will be impermissibly expanded, may not be able to establish aggrievement.

Practice Areas: Residential and Commercial Real Estate , Environmental Law , Public Utilities

Waterbury J.D., at Waterbury

Wargo v. Naugatuck Zoning Commission

To prevail on a claim that a zoning commission engaged in spot zoning, a plaintiff must prove that the zone change concerns a small area of land and that the zone change is out of harmony with the comprehensive plan of zoning for the community.

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