Recent Decisions

Hartford J.D., at Hartford

DiCecco v. G.Q. Associates LLC

When ruling on exhaustion of administrative remedies, a court may not consider exhibits that allegedly supported the plaintiff's allegations of unequal pay, if the plaintiff presented the exhibits during a mediation session before the commissioner or presiding human rights referee of the Commission on Human Rights and Opportunities, and the exhibits were not attached to the plaintiff's CHRO complaint.

Practice Areas: Labor and Employment , Hiring/Firing , Wages and Hours , Discrimination , Disability Discrimination , Sexual Orientation Discrimination , Administrative Law

New Haven J.D., at New Haven

Collier v. Yale New Haven Hospital

When ruling whether a claim sounds in medical malpractice, a court may consider whether: (1) the defendants are sued in their capacities as medical professionals; (2) the alleged negligence is of a specialized medical nature that arises out of the medical professional-patient relationship; and (3) the alleged negligence is substantially related to medical diagnosis or treatment that involves the exercise of medical judgment.

Practice Areas: Health Law , Torts , Personal Injury , Emotional Distress , Medical Malpractice

Stamford/Norwalk J.D., at Stamford

Velasquez v. Espiritu

A court can find it is in the best interests of the minor child to award sole custody to one party, after the other party was charged with domestic violence and did not exercise his right to supervised visitation in five months.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Toce v. Toce

A court can order that parents engage in co-parenting counseling sessions, to improve their communications.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

LePigina v. LePigina

A party who provides a foreign certificate of divorce in connection with a motion to dismiss a dissolution complaint may be required to prove that the divorce certificate is genuine.

Practice Areas: Family Law

Danbury J.D., at Danbury

In Re: Donna

Allegations that a father would not permit social workers to visit his minor child and that the child missed two months of therapy and one appointment to help manage medication can be sufficient to allege neglect.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Cruz v. Cruz

A court can award real property to a party, even if the title to the property is in the other spouse's name.

Practice Areas: Family Law

New London J.D., at Norwich

Antonino v. Antonino

A party who comprehends court orders and willfully violates them can be held in contempt of court.

Practice Areas: Family Law , Custody and Child Support

Tolland J.D., at Rockville

State v. Baddeley

An individual who allegedly engages in first-degree unlawful restraint can be sentenced to six years in prison, even if he has no prior history of violence.

Practice Areas: Criminal Law

Danbury J.D., at Danbury

Connecticut Community Bank v. Strickland Road LLC

Allegations that a bank negligently misrepresented the nature of the defendant's obligations, that the bank's practices were designed to take advantage of the defendant, and that the bank engaged in immoral, unethical, oppressive and unscrupulous conduct can be sufficient to allege unfair trade practices, in violation of the Connecticut Unfair Trade Practices Act.

Practice Areas: Creditors’ and Debtors’ Rights , Banking and Financial Institutions , Consumer Protection

Danbury J.D., at Danbury

The Willis Pool Co. v. Maurath

A construction contract may not be enforceable, if the parties do not reach agreement on design or price.

Practice Areas: Contracts , Breach , Residential and Commercial Real Estate

New Haven J.D., at New Haven

Colberg v. Piombino

Pursuant to the continuous representation theory, a three-year statute of repose can be tolled until legal representation is concluded.

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

United States District Court

O'Leary v. Target

Evidence that a defendant's mode of operation led to a foreseeable risk of injury to customers, and that a customer was injured when within the zone of risk, can be sufficient to allege legal responsibility under the mode-of-operation theory.

Practice Areas: Torts , Premises Liability , Invitees

United States District Court

Peterson v. The Connecticut Light & Power Co.

The temporal proximity between the date that a gay worker from Jamaica filed a complaint with the Commission on Human Rights and Opportunities and the date two months after that when she was discharged, may be insufficient to prove retaliation.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Race Discrimination , Sexual Orientation Discrimination , Public Utilities

United States District Court

The Travelers Indemnity Co. v. Legal & General Group PLC

An attorney's disclosure of his client's statements to a nonprivileged third party can waive the attorney-client privilege.

Practice Areas: Evidence , Privileges , Civil Procedure , Discovery

United States District Court

United States v. Bohannon

Miranda rights can be waived, if the defendant's relinquishment of rights is voluntary, such as when a defendant voluntarily confesses after he is informed about his Miranda rights.

Practice Areas: Criminal Law , Evidence , Constitutional Law

United States District Court

Waller v. City of Middletown

Where police do not have a search warrant for a residence, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives, or in which the officer reasonably believes him to live, when there is a reason to believe the suspect is within the residence; entry into a dwelling under a mistaken belief does not amount to a constitutional violation if the belief was reasonable.

Practice Areas: Civil Rights , Constitutional Law , Torts , Emotional Distress

United States District Court

Hull v. Burwell

To possess standing to assert a claim, a plaintiff must possess an "injury in fact," and allegations of possible future injury are insufficient.

Practice Areas: Civil Procedure , Standing , Health Law , Social Services Law , Medicare/Medicaid

Connecticut Appellate Court

Harris v. Department of Correction

Where the plaintiff did not offer evidence adequate to support his allegation that his suspension occurred under circumstances giving rise to an inference of discrimination in violation of the Fair Employment Practices Act, Connecticut General Statutes §46a-60(a)(1), summary judgment was properly granted in the defendant employer's favor.

Practice Areas: Labor and Employment

Connecticut Appellate Court

Lodmell v. LaFrance

The purpose of the prior pending action doctrine was properly served in this case where the trial court found that the plaintiff's applications to vacate two arbitration awards concerning the parties' jointly owned residential real estate were in essence "smaller pieces of the overall issues to be decided in the family relations court" and raised virtually the same issues as those pending in the dissolution action.

Practice Areas: Family Law , Civil Procedure

Connecticut Appellate Court

Lewis v. Lewis

Where the court ordered the parties to be responsible for separate and distinct encumbrances on the marital home at the time of dissolution, the manner of calculating the respective proceeds from the sale of the marital home in the 1999 Appellate Court case of Billings v. Billings was not applicable.

Practice Areas: Family Law

Connecticut Appellate Court

State v. Perugini

The Superior Court historically has possessed inherent and common-law authority to dispose of property seized and detained as evidence in a criminal case and, more recently, the power to return seized property to its owner upon the resolution of a criminal action was codified in Connecticut General Statutes §54-36a(c).

Practice Areas: Criminal Law , Personal Property

Connecticut Appellate Court

State v. Davis

The sixth amendment to the federal constitution and article first, §8, of the Connecticut constitution guarantee a criminal defendant the right to be informed of the nature of the charge against him with sufficient precision to enable him to prepare his defense and avoid prejudicial surprise.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Marulli v. Wood Frame Construction Company LLC

The trial court had the authority to take any action in enforcing its judgment confirming an arbitrator's award that it could take in relation to any judgment rendered in a civil action.

Practice Areas: Alternative Dispute Resolution

Connecticut Supreme Court

Dan v. Dan

Absent certain exceptional circumstances, an increase in income, standing alone, does not justify the modification of an alimony award.

Practice Areas: Family Law

Connecticut Supreme Court

State v. Paul B.

Even if the minor victims' out-of-court statements were improperly admitted through the testimony of the states' expert, it was not harmful when that evidence did not substantially affect the verdict, including because the state's case was strong and the statements were merely cumulative.

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Supreme Court

DeMayo v. Quinn

As explained in the 2012 decision of Bateson v. Weddle, "[w]here a charter specifies a mode of appointment, strict compliance is required . . . " and a different standard of review was rejected for cases involving the interpretation of municipal charters that raise issues regarding the separation of powers doctrine, as many claims involving the interpretation of municipal charters do.

Practice Areas: Election and Political Law , Constitutional Law

Connecticut Supreme Court

Town of Stratford v. American Federation of State, County and Municipal Employees, Council 15, Local 407

A public policy exists against the employment of law enforcement personnel who have engaged in intentional dishonesty that directly pertains to their qualification and ability to perform official duties.

Connecticut Supreme Court

Gould v. Freedom of Information Commission

Arbitration panels under the Teacher Negotiation Act, Connecticut General Statutes §10-153a, are not "committees" or "subunits of committees" of the Department of Education to constitute a public agency under C.G.S. §1-200(1)(A) and panel members do not fall within the mandates of the Freedom of Information Act.

Practice Areas: Administrative Law

Freedom of Information Commission

Dickman v. Chief Information Officer, Information Technology, State of Connecticut, University of Connecticut Health Center

Although the respondents had not yet begun to review records responsive to the complainant's request, given their relatively limited resources to comply with all Freedom of Information Act requests and the large scope of the complainant's several recent requests, the promptness provisions of the Freedom of Information Act were not violated.

Practice Areas: Administrative Law

Commission on Human Rights and Opportunities/Office of Public Hearings

Commission on Human Rights and Opportunities ex rel. Punzalan v. Zheng Trust LLC

A worker who alleges that her employers reduced her wages 50 percent and repeatedly harassed her, after she informed them that she had become pregnant, may be entitled to back pay, compensation for emotional distress and attorney fees.

Practice Areas: Administrative Law , Labor and Employment , Discrimination , Pregnancy Discrimination , Wages and Hours

Board of Mediation and Arbitration

City of Danbury and IAFF, Local 801

A past practice may exist, if the union clearly and unequivocally proves that a past practice existed of appointing firefighters to work as dispatchers, whenever the firefighters expressed an interest in dispatcher work.

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

Board of Labor Relations

University of Connecticut and University of Connecticut Professional Employees Association

Failure to comply with a settlement may constitute a failure to bargain in good faith, in violation of the State Employee Relations Act.

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

United States Court of Appeals for the 2nd Circuit

Vossbrinck v. Deutsche Bank National Trust Co.

Under the Rooker-Feldman doctrine, district courts lack jurisdiction over cases that appeal state court judgments.

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

United States Court of Appeals for the 2nd Circuit

Fraiser v. Stanley Black & Decker

When the district court issues a brief decision about a decision to strike the allegations in a putative class action case, the 2nd Circuit can remand for proper clarification.

Practice Areas: Civil Procedure , Class Actions

United States Court of Appeals for the 2nd Circuit

United States v. Sanchez

It may constitute clear error to treat a state narcotics conviction as a prior felony drug conviction, if the state narcotics law was not equivalent to, or coterminous with, federal narcotics law.

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Braddock

A sentencing enhancement for abuse of a position of trust can be appropriate, if a defendant abuses a position of trust "in a manner that significantly facilitate[s] the commission or concealment of the offense," pursuant to United States Sentencing Guideline §3B1.3.

Practice Areas: Criminal Law , Election and Political Law

Connecticut Appellate Court

Cefaratti v. Aranow

Connecticut courts have not recognized a foreign object exception to the statute of repose in Connecticut General Statutes §52-584.

Practice Areas: Health Law , Civil Procedure , Torts

Connecticut Appellate Court

State v. Collin

There must be a basis for a witness to qualify as an expert and the witness' qualifications are determined by the witness' knowledge, skill and expertise in the particular area.

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Shenkman

Where a verbal proffer by the state's attorney fairly apprised the defendant of the facts claimed to constitute the charged offenses, no authority supported the proposition that the description needed to be provided "in writing" to the defendant; such a proposition was contrary to Connecticut law.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Ivan G.S.

For a claimed violation of the standard set in the 1963 U.S. Supreme Court decision of Brady v. Maryland, broad and unsubstantiated claims of prejudice from a late disclosed police report did not suffice.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Miller v. Commissioner of Correction

The habeas court abused its discretion in denying a petition for certification to appeal the issue of whether trial counsel rendered ineffective assistance by not objecting to the trial court's initial charge on intent reciting the entire definition of intent, which was subsequently repeated verbatim in its charge in response to a jury question, as this is the kind of claim that warrants further consideration by the Appellate Court.

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

Flores v. Commissioner of Correction

Although the remedy of a mistrial is allowed under our rules of practice, it is strongly disfavored and the use of curative instructions, such as those adopted by the trial court in this case, are highly encouraged.

Practice Areas: Criminal Law

Connecticut Appellate Court

Bac Home Loans Servicing, LP v. Farina

The plaintiff's possession of the note, endorsed in blank, was sufficient to establish its standing.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Supreme Court

Desrosiers v. Diageo North America, Inc.

The Connecticut Fair Employment Practices Act, Connecticut General Statutes §46a-60(a)(1), prohibits employers from discriminating against individuals whom they regard as physically disabled.

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination

Connecticut Supreme Court

Electrical Contractors, Inc. v. Insurance Company of the State of Pennsylvania

A surety on a public construction project which fails either to pay or deny a notice of claim within 90 days as required by Connecticut General Statutes §49-42(a) of the Little Miller Act, does not thereby waive any substantive defenses or become automatically liable for the full amount of the claim.

Practice Areas: Insurance Law , Contracts

Connecticut Supreme Court

Wilkins v. Connecticut Childbirth and Women's Center

For medical-malpractice claims against institutional defendants under a vicarious liability theory for alleged actions of employees, certified nurse-midwives, Connecticut General Statutes §52-190a(a) required the plaintiff to supply an opinion letter authored by a similar health care provider as defined by C.G.S. §52-184c(c), namely, someone certified in the same specialty as nurse-midwives, including board certified obstetricians and gynecologists.

Practice Areas: Health Law

Connecticut Supreme Court

Salce v. Wolczek

Courts do not look to the parties' subjective intentions when interpreting a contract or look to evidence outside of the contract to vary the meaning of unambiguous language and for real estate transactions, equitable ownership in property transfers to the buyer when the parties sign a contract for sale, even though the formal exchange of legal title may occur later.

Practice Areas: Contracts

Statewide Grievance Committee

Smith v. Lawlor

The Statewide Grievance Committee can present an attorney charged with violating Rule 1.8(h) to the Connecticut Superior Court for discipline.

Practice Areas: Legal Profession , Administrative Law

Statewide Grievance Committee

King v. Sendy

The Statewide Grievance Committee can reprimand an attorney who allegedly fails to adequately monitor another attorney, in violation of Rule 5.1(b) of the Rules of Professional Conduct.

Practice Areas: Legal Profession , Administrative Law

Statewide Grievance Committee

Dybec v. Chomick

An attorney who allegedly fails to pay a small claims judgment can engage in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4) of the Rules of Professional Conduct.

Practice Areas: Legal Profession , Administrative Law , Civil Procedure , Judgments

Statewide Grievance Committee

Brown v. Zeolla

The Statewide Grievance Committee can consolidate various disciplinary matters and present an attorney to the Connecticut Superior Court for discipline.

Practice Areas: Legal Profession , Administrative Law

State Elections Enforcement Commission

Complaint by: Grippo

A candidate's alleged statement of intent to run for office to the media may not immediately trigger the requirement to register an official candidate committee.

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

Dickman v. Chief Information Officer, Information Technology, State of Connecticut, University of Connecticut Health Center

Although the respondents had not yet begun to review records responsive to the complainant's request, given their relatively limited resources to comply with all Freedom of Information Act requests and the large scope of the complainant's several recent requests, the promptness provisions of the Freedom of Information Act were not violated.

Practice Areas: Administrative Law

Commission on Human Rights and Opportunities/Office of Public Hearings

Commission on Human Rights and Opportunities ex rel. Punzalan v. Zheng Trust LLC

A worker who alleges that her employers reduced her wages 50 percent and repeatedly harassed her, after she informed them that she had become pregnant, may be entitled to back pay, compensation for emotional distress and attorney fees.

Practice Areas: Administrative Law , Labor and Employment , Discrimination , Pregnancy Discrimination , Wages and Hours

Board of Mediation and Arbitration

City of Danbury and IAFF, Local 801

A past practice may exist, if the union clearly and unequivocally proves that a past practice existed of appointing firefighters to work as dispatchers, whenever the firefighters expressed an interest in dispatcher work.

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

Board of Labor Relations

University of Connecticut and University of Connecticut Professional Employees Association

Failure to comply with a settlement may constitute a failure to bargain in good faith, in violation of the State Employee Relations Act.

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

Hartford J.D., at Hartford

Lewis v. Burke

Parent who retain possession and control of property, and who are aware that their child previously sponsored parties that might be considered unsafe, could be legally responsible for injuries from their child's party.

Practice Areas: Torts , Personal Injury , Causation

Fairfield J.D., at Bridgeport

Babollah v. Vadas

A court can award economic damages, for medical expenses and unreimbursed property damages, and non-economic damages, for pain and suffering, to passengers in a motor-vehicle collision.

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

New Haven J.D., at New Haven

Johanns v. City of Meriden

Allegations that a municipality constructed a culvert, and that water overwhelmed the culvert and flowed onto and flooded the plaintiff's property, because the culvert design and construction were insufficient, can allege a violation of Connecticut General Statutes §13a-138.

Practice Areas: Residential and Commercial Real Estate , Torts , Intentional Torts , Trespass , Nuisance

Stamford/Norwalk J.D., at Stamford

Barbierri v. Pitney Bowes Inc.

To prevail on a retaliation claim, a plaintiff may be required to prove: (1) participation in a protected activity; (2) the defendant knew about the protected activity; and (3) a causal connection between the protected activity and an adverse employment action.

Practice Areas: Labor and Employment , Hiring/Firing , Securities and Federal Corporate Law , Whistleblowing

Fairfield J.D., at Bridgeport

McCabe v. McCabe

A court can deny a party's request that support vary, based on how much income that party earns, and order that the payor spouse always pay the same amount.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Litt v. Litt

A court may order either party to pay the reasonable attorney fees of the other, pursuant to Connecticut General Statutes §46b-62.

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

Hartford J.D., at Manchester, G.A. 12

State v. Schmidt

The state's failure to preserve the tape of the booking of a motorist arrested on charges of operating under the influence may not violate the driver's due-process rights.

Practice Areas: Constitutional Law , Evidence , Criminal Law

New Britain J.D., at New Britain (Juvenile Matters)

In Re: E.F.

Although a compelling interest exists in the confidentiality of juvenile court proceedings, that interest may not be greater than the protections of the First Amendment, especially if an order not to publish would only provide marginal protection to the minor children.

Practice Areas: Communications and Media Law , Constitutional Law , Family Law , Custody and Child Support

New Haven J.D., at New Haven

Lawrence v. Dressler

A court can find it lacks personal jurisdiction over a defendant under C.G.S. §52-57(a), if the plaintiff's marshal fails to either serve the defendant personally or at the defendant's "usual place of abode" in Connecticut.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Legal Profession

Waterbury J.D., at Waterbury

Doe v. Indian Mountain School Inc.; Roe v. Indian Mountain School Inc.

A court may grant the victim of a sexual assault permission to use a pseudonym, pursuant to Practice Book §11-20A.

Practice Areas: Civil Procedure , Parties

New Haven J.D., at New Haven

Brown v. Weiner

A court may not possess jurisdiction over an individual defendant, if the marshal serves the writ, summons and complaint on the city clerk and the clerk for the board of education, and the individual defendant no longer works for the board of education or the city.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Torts , Emotional Distress , Intentional Torts , Assault

United States District Court

Marini v. Costco Wholesale Corp.

A court can enforce anti-harassment provisions in an employment contract that are broader than the protections provided in the Americans With Disabilities Act. In 2001, defendant Costco hired Peter Marini, who suffered from tics, pain and stiffness from Tourette's syndrome, to work as a baker's assistant.

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

United States District Court

Card v. Coleman

Prior to obtaining court-ordered legal counsel, an indigent plaintiff must prove that he made an attempt to obtain an attorney or legal assistance on his own.

Practice Areas: Criminal Law , Civil Rights

United States District Court

Reiske v. Bruno

A court can find that a prison official who denied an inmate's request for religious oils and a religious chain did not violate the inmate's First Amendment rights to free exercise of religion.

Practice Areas: Constitutional Law , Civil Rights , Criminal Law

United States District Court

Nunn v. Massachusetts Casualty Insurance Co.

A court possesses the discretion to grant a party the right to take the depositions of six witnesses, three years after the discovery deadlines passed.

Practice Areas: Civil Procedure , Discovery

Stamford/Norwalk J.D., at Stamford

Meleney-Distassio v. Weinstein

Connecticut recognizes a derivative claim for a father's emotional distress from a wrongful abortion.

Practice Areas: Torts , Emotional Distress , Health Law , Medical Malpractice

Waterbury J.D., at Waterbury

Malcolm v. Toucet

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to a plaintiff who allegedly was rear-ended.

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

Stamford/Norwalk J.D., at Stamford

Irizarry v. Administrator, Unemployment Compensation Act

An employee who allegedly lies to his employer may not be entitled to collect unemployment benefits.

Practice Areas: Social Services Law , Unemployment Compensation , Labor and Employment , Hiring/Firing

Hartford J.D., at Hartford

Salvatore v. Department of Emergency Services and Public Protection

Allegations that the State of Connecticut rejected a female candidate who did not pass a psychological exam can be insufficient to allege that the state violated the candidate's constitutional rights, to state an exception to sovereign immunity.

Practice Areas: Labor and Employment , Hiring/Firing

Stamford/Norwalk J.D., at Stamford

Mirjavadi v. Allstate Insurance Co.

A clause in an insurance contract that requires that a policyholder file suit within 18 months of an event that leads to an insurance claim is enforceable.

Practice Areas: Insurance Law , Policy Terms , Contracts , Breach , Civil Procedure , Statute of Limitations

Hartford J.D., at Hartford

Hartford Underwriters Ins. Co. v. Adams

An insurance company can file a subrogation action to obtain compensation for damages it paid to its insured.

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

Middlesex J.D., at Middletown

Meraay v. Meraay

A court can find it is in the best interests of the children to award one party sole custody, based on which party is the best custodian.

Practice Areas: Family Law , Custody and Child Support

Waterbury J.D., at Waterbury

Linden v. Linden

A court may consider the length of the marriage, the causes of dissolution, and the ages, health, stations, occupations, sources of income, vocational skills and employability of the parties, when it distributes property.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Janssen v. Janssen

A court can find that a spouse who lost his job is not required to pay more than minimal alimony.

Practice Areas: Family Law

New Britain J.D., at New Britain

State v. Swanson

A police officer can activate emergency lights and pull over a motorist, if the officer has a reasonable and articulable suspicion that the motorist is involved in criminal conduct.

Practice Areas: Criminal Law , Evidence

Hartford J.D., at Hartford

State v. Stanley

An individual who allegedly violates a protective order can be sentenced to one to five years in prison.

Practice Areas: Criminal Law

United States District Court

Great Lakes International Trading Inc. v. Travelers Property Casualty Co. of America

A flood exclusion in an insurance policy can be enforceable, even if the flood exclusion appears toward the end of the policy, under the subhead "Earth Movement Sublimit & Deductible."

Practice Areas: Insurance Law , Policy Terms

United States District Court

Doe v. Madison Board of Education

A school board can be legally responsible under Title IX for student-on-student harassment that: (1) is so severe, pervasive and objectively offensive it effectively bars the victim's access to an educational opportunity or benefit; (2) if the board possesses actual knowledge of the harassment; and (3) if the board's response to the harassment indicates deliberate indifference.

Practice Areas: Education Law

United States District Court

Thomas v. Butkiewicus

A prisoner who concedes that he has not been assaulted since 2012 may not be able to prove irreparable harm, as required to obtain injunctive relief and protection from alleged assaults.

Practice Areas: Civil Rights , Criminal Law

United States District Court

Hamer v. Darien Planning & Zoning Commission

Evidence that the chair of a planning and zoning commission publicly referred to affordable housing as a "virus" can be sufficient to defeat a municipal motion for summary judgment in a civil-rights suit that alleges that the municipality attempted to exclude African Americans.

Practice Areas: Civil Rights , Land Use and Planning

United States District Court

Bakhit v. Safety Marking Inc.

A court can restrict a psych exam to three hours and deny a request to permit a lawyer or legal assistant to accompany the plaintiff.

Practice Areas: Civil Procedure , Discovery

Connecticut Appellate Court

In Re: Navaeh W.

Although neither Connecticut General Statutes §17a-121(k), nor case law interpreting it, expressly requires the trial court to rely upon its mandatory findings as to any particular factor as the explicit basis for its ultimate decision whether to terminate parental rights, both the statute and controlling case law make clear that the trial court has a mandatory obligation to consider and make written findings as to all such factors in making that ultimate decision.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Mindy F.

Once termination proceedings and review of a permanency plan have been consolidated, the court should refrain from making any dispositional findings until the close of evidence.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Mindy F.

As explained in the 2008 Appellate Court case of In Re: Emerald C., in determining whether to grant a petition to terminate parental rights pursuant to Connecticut General Statutes §17a-112(j)(3)(B)(i) and assessing a parent's rehabilitation, the critical issue is not whether the parent has improved [his] ability to manage [his] own life, but rather whether [he] has gained the ability to care for the particular needs of the child at issue."

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Gabriella A.

The failure to await receipt of a social worker's report, before filing a petition to terminate the respondent's parental rights, did not render the trial court's determination that the Department of Children and Families made reasonable reunification efforts clearly erroneous.

Practice Areas: Family Law

Connecticut Appellate Court

Scandariato v. Borelli

In the 1997 Supreme Court case of State v. Porter and its progeny, Connecticut's appellate courts emphasized the need for flexibility in determining the reliability of scientific evidence, urging trial courts to make assessments on a case-by-case basis.

Practice Areas: Evidence , Torts

Connecticut Appellate Court

Johnson v. Commissioner of Correction

The inadvertent use on some documents of an incorrect docket number from a file that was no longer active because the charges were nolled was nonprejudicial and constituted a circumstantial defect under Connecticut General Statutes §52-123.

Practice Areas: Criminal Law

Connecticut Appellate Court

Samuel v. Hartford

The trial court properly determined that a defamation count was time-barred under the two-year statute of limitations in Connecticut General Statutes §52-597 and not equitably tolled by the federal prison mailbox rule; the Appellate Court has previously declined to adopt the federal rule and is bound by that precedent.

Practice Areas: Civil Procedure

Connecticut Appellate Court

Dickerson v. Pincus

Connecticut General Statutes §52-593a applied to save an action although the marshal's return did not satisfy the requirements of subsection (b) and list the date of delivery, when there was no question but that the process was delivered to the marshal within the statute of limitations and served on the defendant within 30 days as required by subsection (a).

Practice Areas: Civil Procedure

Connecticut Supreme Court

State v. Terwilliger

A general jury verdict that convicted the defendant of a single offense but was ambiguous as to the specific theory on which the jury relied in rendering its verdict was not preclusive where the court would have to speculate on the jury's intention in its double jeopardy analysis.

Practice Areas: Criminal Law , Constitutional Law

Freedom of Information Commission

Gorenflo v. Chairman, Board of Trustees, Connecticut Classified Employees' Retirement Fund, City of Stamford

A gathering of several board members before a meeting to introduce a new member did not constitute a "meeting" as that term is defined in Connecticut General Statutes §1-200(2), when there was no discussion or action of any matter over which the respondent board had "supervision, control, jurisdiction or advisory power."

Practice Areas: Administrative Law

Freedom of Information Commission

Smith v. Mitchell

It is well settled that the Freedom of Information Act does not require "immediate" access to records upon demand, but rather, permits a person the right to receive a copy of, or inspect, public records "promptly."

Practice Areas: Administrative Law

Freedom of Information Commission

Ostasiewski v. Commissioner, State of Connecticut, Department of Revenue Services

Compliance more than six months after a relatively simple request for recent emails was not prompt and violated the promptness provisions of Connecticut General Statutes §§1-210 and 1-212(a).

Practice Areas: Administrative Law