Decisions

Recent Decisions

United States District Court

Sanchez v. Homestead Funding Corp.

The Federal Tort Claims Act bars claimants from filing claims in federal court until administrative remedies are exhausted.

Practice Areas: Administrative Law , Torts , Intentional Torts , Fraud (Torts) , Creditors’ and Debtors’ Rights

New Haven J.D., at New Haven

Weitz v. Young Men's Christian Association of New Britain and Berlin

Genuine issues of material fact about waiver can exist, if the waiver boxes on a client's application to belong to a health club are not checked.

Practice Areas: Torts , Personal Injury , Entertainment and Sports Law

Ansonia/Milford J.D., at Derby

Morrissey v. Kampf

Recklessness is highly unreasonable conduct that involves an extreme departure from ordinary care, in a situation where a high degree of danger is apparent.

Practice Areas: Torts , Personal Injury , Entertainment and Sports Law

Stamford/Norwalk J.D., at Stamford

Deluca v. Clark

Genuine issues of material fact can bar summary judgment on a claim that a minor child intentionally fired at the plaintiff's motor vehicle and knew, or should have known, that the plaintiff would suffer from emotional distress, if her motor vehicle were damaged.

Practice Areas: Torts , Intentional Torts , Causation , Emotional Distress

Hartford J.D., at Hartford

Callhoun v. McCarthy

Allegations that a biological father allowed another man to raise his child in the mistaken belief that he was the biological father, may be sufficient to allege a cause of action in fraudulent misrepresentation.

Practice Areas: Torts , Intentional Torts , Fraud (Torts)

New Britain J.D., at New Britain

Sutherland v. Bremby

The Department of Social Services may consider the full value of an asset, when it rules on eligibility for Medicaid benefits, and is not required to consider the after-tax value.

Practice Areas: Social Services Law , Elder Law

New Haven J.D., at Meriden

Alberta Management Inc. v. Jones

A court can find that a law firm that represented an individual defendant when she borrowed money is disqualified from representing the plaintiff in a debt collection action against the defendant.

Practice Areas: Legal Profession , Creditors’ and Debtors’ Rights

New Britain J.D., at New Britain

Everett v. Bristol Hospital Inc.

A court can dismiss a medical-malpractice claim that nursing care at a hospital was insufficient, if the plaintiffs' written opinions from similar health care providers do not cover nursing care.

Practice Areas: Medical Malpractice , Health Law

Waterbury J.D., at Waterbury

Arras v. Regional School District #14

A plaintiff who challenges election results must prove that: 1.) there were substantial violations of statutory requirements; and 2.) as a result of substantial violations, the result of the election is seriously in doubt.

Practice Areas: Election and Political Law , Education Law

Waterbury J.D., at Waterbury

Hudson v. Grant

A court can find it is in the best interests of a minor child to award the father primary custody.

Practice Areas: Family Law , Custody and Child Support

Bantam, G.A. #18

State v. Parker

An offense that results in incarceration in another state can qualify as a crime in Connecticut.

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Squire Village Associates L.P. v. Professional Electrical Contractors of Connecticut Inc.

A company that allegedly paid the full amount owed and that did not obtain full performance in return can prove breach of contract.

Practice Areas: Contracts , Breach

Waterbury J.D., at Waterbury

Brothers Tree Service LLC v. Savarese

A company that proves it performed fully and that a homeowner signed a contract and failed to pay can prevail on breach of contract.

Practice Areas: Contracts , Breach

New Haven J.D., at Meriden

Schmitt v. Riverside Motorcars LLC

A court can find that a used car dealer violated express and implied warranties of merchantability if significant and costly repairs approaching 50 percent of a motor vehicle's purchase price are required weeks or months after the purchase.

Practice Areas: Consumer Protection , Contracts , Warranties , Transportation

Stamford/Norwalk J.D., at Stamford

Zumbro v. von Bernuth

Absent evidence of prejudice or inconvenience to the defendant, or that an amendment will delay the proceedings, a court can exercise its discretion to allow a plaintiff to amend a complaint nearly eight months after the return date.

Practice Areas: Civil Procedure , Motion Practice , Family Law

Stamford/Norwalk J.D., at Stamford

Brown v. Safeco Ins. Co. of Illinois

A court may subtract net collateral source payments and the amount that the tortfeasor or the tortfeasor's insurance paid, when it awards damages.

Practice Areas: Civil Procedure , Judgments , Insurance Law , Automotive , Torts , Personal Injury , Motor Vehicles

Stamford/Norwalk J.D., at Stamford

Wells Fargo Bank v. Pampoukidis

The reciprocal attorney fee provision in the consumer contracts statute, Connecticut General Statutes §42-150bb, applies to a foreclosure action.In 2013, the plaintiff bank withdrew the foreclosure complaint that the bank filed in 2007, and the defendant filed a request for attorney fees, pursuant to Connecticut General Statutes §42-150bb.

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

Hartford J.D., at Hartford

Cardinez v. Kang

A court can reject an attorney's claim that a retainer fee is a fee to retain his services and that the retainer does not count toward work subsequently performed.

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

United States District Court

Ciullo v. United States

To prevail on a premises-liability claim, a plaintiff may be required to prove that actual or constructive notice of the alleged defect existed.

Practice Areas: Torts , Personal Injury

United States District Court

Wortham v. Lantz

When ruling on a claim that a prison diet violates the Free Exercise Clause of the 1st Amendment, a court may consider whether the prison diet is reasonably related to legitimate penological interests of controlling costs and reducing administrative burdens.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

United States District Court

United States v. Colon

If the ends of justice served by a continuance are greater than the interest of the public and the defendants to a speedy trial, a court may exclude the period of the continuance from the time restrictions in the Speedy Trial Act.

Practice Areas: Criminal Law

United States District Court

Colas v. Ronan

Memos that describe witness interviews and that are provided to an expert who provides an opinion pursuant to Connecticut General Statutes §52-190a and who is not expected to be called as a witness at trial may not be subject to discovery, absent a showing of exceptional circumstances.

Practice Areas: Civil Procedure , Discovery , Medical Malpractice , Health Law

Connecticut Appellate Court

Wasilewski v. Commissioner of Transportation

Notice of a highway defect under Connecticut General Statutes §13a-144 that provides the wrong location of the accident is inadequate notice.

Practice Areas: Torts

Connecticut Appellate Court

State v. Wright

A defendant has a constitutional right to challenge the adequacy of a police investigation to raise reasonable doubt as to his guilt.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Appellate Court

State v. Buhl

For a conviction of breach of the peace in the second degree violating Connecticut General Statutes §53a-181(a)(4), based on material posted about a teen on a Facebook page, the state was required to prove that the material was exhibited, distributed, posted or advertised in a public place, or, more precisely, in an area used or held out for use by the public.

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Santaniello v. Commissioner of Correction

To consider properly a claim that appellate counsel provided ineffective assistance by failing to raise a sufficiency of the evidence claim on direct appeal, the habeas court must, to evaluate the performance and prejudice prongs of the test articulated in the 1984 U.S. Supreme Court case of Strickland v. Washington, assess the strength of the potential sufficiency claim and examine all the evidence and reasonable inferences drawn therefrom.

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

McMillion v. Commissioner of Correction

To prove prejudice with respect to a plea offer, a habeas petitioner must prove: 1.) it is reasonably probable that, but for counsel's deficient performance, the petitioner would have accepted the plea offer; and 2.) the trial judge would have conditionally accepted the plea agreement, if the agreement had been presented to the court.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Ham v. Commissioner of Correction

As the 2014 Appellate Court explained in Antonio A. v. Commissioner of Correction, "[a]n attorney's line of questioning on examination of a witness clearly is tactical in nature…" and, as such, the Appellate Court "will not, in hindsight, second-guess counsel's trial strategy."

Practice Areas: Criminal Law

Connecticut Appellate Court

Mengwall v. Rutkowski

The holder of a note has standing to bring an action for strict foreclosure pursuant to Connecticut General Statutes §49-17.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Avoletta v. State

The 2014 Appellate Court decision in Morneau v. State explained that under Connecticut General Statutes §4-418(b), "[t]he General Assembly may, by special act, authorize a person to present a claim to the Claims Commissioner after the time limitations set forth in subsection (a) of this section have expired if it deems such authorization to be just and equitable and makes an express finding that such authorization is supported by compelling equitable circumstances and would serve a public purpose…"

Practice Areas: Constitutional Law , Civil Procedure

Connecticut Supreme Court

State v. Smith

Uncharged sexual misconduct evidence may be admitted to establish propensity in sex related cases if certain conditions are met, as explained in the 2008 Supreme Court case of State v. DeJesus and, here, the trial court properly determined that the charged crime, involving an attack by three men, and uncharged misconduct of the defendant alone, were sufficiently similar under the DeJesus test, because both involved sexual assaults during which the victim was choked while resisting her attacker.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Supreme Court

State v. Andrews

The trial court's ruling precluding a defense witness did not rise to the level of a constitutional violation when the witness' testimony pertained to a tangential issue and was entirely unrelated to the defendant's theory that he was not present at the murder scene.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Supreme Court

Anderson v. Commissioner of Correction

For an ineffective counsel claim, in assessing whether there is a substantial likelihood that the addition of omitted evidence at trial would have resulted in a different outcome, the inquiry on appeal does not begin and end with a consideration of the effect of particular evidence in isolation, rather, the reviewing court considers the cumulative effect of all of the evidence.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Statewide Grievance Committee

Osafo v. Walsh

An attorney who allegedly settles his client's personal-injury case and does not forward any of the settlement proceeds to his client can violate Rule 1.15(e) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Morrison v. Moore

The Statewide Grievance Committee can reprimand an attorney who allegedly is not prompt and diligent and fails to communicate adequately with his client.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Kolami v. Sporn

An attorney who allegedly does not file an appellate brief on the correct opposing counsel is not competent, in violation of Rule 1.1 of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Gim v. Moon

The Statewide Grievance Committee can order an attorney who is not reasonably diligent and prompt, in violation of Rule 1.3 of the Rules of Professional Ethics, to take continuing legal education courses in IOLTA account management and legal ethics.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Christoffersen v. Sporn

An attorney who allegedly is hired to help a client apply for a green card and does not promptly work on the client's matter can violate Rule 1.3 of the Rules of Professional Practice.

Practice Areas: Administrative Law , Legal Profession

State Elections Enforcement Commission

Complaint by: Pile

An individual who belongs to the board of directors of a state contractor may not make a political contribution to a gubernatorial exploratory committee.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: DeCillo

A campaign treasurer may be responsible to disclose a campaign expenditure, even if he does not receive an invoice.

Practice Areas: Administrative Law , Election and Political Law

Board of Mediation and Arbitration

Town of Monroe and AFSCME, Council 15, Local 1775

A municipality can possess just cause to demote a police officer who allegedly fails to follow instructions and provides answers on an exam that are copied from another officer.

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

United States Court of Appeals for the 2nd Circuit

Agbontaen v. Holder

The government can rebut a presumption of future religious persecution and harm, if a petitioner could safely relocate to and reside in another part of his country.

Practice Areas: Immigration Law

United States Court Of Appeals for the 2nd Circuit

United States v. Zaky

To prevail on a claim that the government knowingly allowed a witness to commit perjury, a defendant must prove that: 1.) the witness committed perjury; 2.) the perjury was material; 3.) the government knew or should have known about the perjury at the time of trial; and 4.) the perjured testimony was not disclosed at trial.

Practice Areas: Criminal Law , Evidence

Mashantucket Pequot Tribal Court

White Mountain Apache Tribe v. Pequot Health Care

A court can find it unduly burdensome to order the production of the complete file of a tribe's health plan.

Practice Areas: Native American Law , Civil Procedure , Discovery , Contracts , Breach

Hartford J.D., at Hartford

Purrier v. Connecticut Department of Transportation

Connecticut General Statutes §13a-149 provides the exclusive remedy for damages that result from a traffic signal light that allegedly malfunctioned.

Practice Areas: Torts , Personal Injury , Motor Vehicles

New Haven J.D., at New Haven

Johnson v. E-Z Way Lawn Service LLC

Connecticut does not recognize a cause of action for loss of parental consortium, when a parent is injured.

Practice Areas: Torts , Personal Injury

Fairfield J.D., at Bridgeport

Kochowicz v. Beck

The doctrine of justiciability requires that there be an actual controversy, and allegations that the defendant lawyer abandoned the plaintiff's cause of action and failed to file a complaint are sufficient to allege a viable legal claim that is justiciable.

Practice Areas: Legal Profession , Attorney Malpractice , Medical Malpractice , Torts , Emotional Distress

Hartford J.D., at Hartford

Disciplinary Counsel v. Oliver

A court can disbar an attorney who allegedly requests that a witness change her testimony and makes a misrepresentation of fact to his clients and to the Statewide Grievance Committee.

Practice Areas: Legal Profession

Stamford/Norwalk J.D., at Stamford

City of Norwalk v. Cote

A court can interpret zoning regulations that define "recreational vehicle" as "[a]ny vehicle designed or intended primarily for use in recreational activities" to find that a yellow school bus that has been renovated and had its seats removed is a "recreational vehicle."

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

New London J.D., at New London

Poquonnock Bridge Firefighters Ass'n, Local 2704, IAFF, AFL-CIO v. Poquonnock Bridge Fire District

Although parties to a collective bargaining contract generally are required to exhaust grievance and arbitration procedures, prior to filing a complaint in court, an exception can exist in an emergency, if the Board of Mediation and Arbitration lacks the power to grant temporary relief.

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

Hartford J.D., at Hartford

Jazlowiecki v. Nationwide Insurance Co. of America

Insurance coverage that requires allegations of physical injury or destruction to tangible property may not be triggered by allegations that a trespass disturbed the homeowners' quiet and peaceful enjoyment of their home and reduced its property value.

Practice Areas: Insurance Law , Policy Terms , Residential and Commercial Real Estate

Stamford/Norwalk J.D., at Stamford

Levenson v. Levenson

A court can find that although the parties provided information about costs of college education, insufficient evidence exists to order the payment of post secondary education support.

Practice Areas: Family Law , Custody and Child Support

Willimantic (Child Protection Session)

In the Matter of: Dimitri

A court can terminate the rights of biological parents, if termination is in the best interests of the minor children, who were born early and require frequent medical appointments.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

DiNicola v. DiNicola

A court may not find a husband in contempt for failure to pay alimony, if the husband proves the wife has been cohabitating with a boyfriend who contributes financially.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Dwyer v. Waterfront Enterprises Inc.

Allegations that an employer's reasons for discharging a worker who suffered a heart attack kept changing can create a genuine issue of material fact concerning whether the employer's reasons constitute a pretext for discrimination on the basis of disability.

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

Fairfield J.D., at Bridgeport

State v. Bullock

The Sentence Review Division of the Superior Court is only allowed to reduce a sentence for shooting at a Bridgeport police officer if the sentence is inappropriate or disproportionate.

Practice Areas: Criminal Law

Tolland J.D., at Somers

Sadowski v. Warden

A court may not credit a petitioner's claim that a public defender did not adequately investigate and refused to allow the petitioner to testify.

Practice Areas: Criminal Law

New Britain J.D., at New Britain

Bank of America v. Waskowicz

Allegations that a bank representative informed the defendant mortgagor that he had been approved for a modification, and that the defendant relied on the bank's representation that he could pay less and then was informed that he had defaulted, can be sufficient to allege the special defense of equitable estoppel.

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

New Haven J.D., at New Haven

Li v. Segaloff

Only if special circumstances exist can a court exercise its discretion to grant a plaintiff's request to amend a complaint after judgment enters.

Practice Areas: Civil Procedure , Judgments , Legal Profession , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Kasica v. System Pros Inc.

A corporate officer who allegedly engages in conduct that is unethical, oppressive and unscrupulous when he locks another corporate officer out of the property can violate the Connecticut Unfair Trade Practices Act.

Practice Areas: Business Entities , Consumer Protection

United States District Court

United States v. Rowland

A James hearing is a pre-trial hearing on the admissibility of the statements of alleged co-conspirators that allows a defendant to preview the government's evidence.

Practice Areas: Evidence , Criminal Law

United States District Court

Sobhani v. Reliance Standard Life Insurance Co.

If a disability benefits plan defines "full-time" work as 30 hours per week, a worker who is capable of working 30 hours per week, but may not be capable of working 40 hours per week, may not qualify for disability benefits.

Practice Areas: Labor and Employment , Employee Benefits , Health Benefits , Insurance Law , Policy Terms

United States District Court

Monroe v. City of Danbury

To prevail on a claim that denial of a request to transfer is materially adverse, a plaintiff must prove that the denial created a materially significant disadvantage in working conditions.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

United States District Court

Physicians' Physical Therapy & Physiology Inc. v. Fitness Edge Inc.

To prevail on a request for class-action certification, a plaintiff must prove, by a preponderance of the evidence, the elements of numerosity, commonality, typicality, adequacy and predominance.

Practice Areas: Civil Procedure , Class Actions , Consumer Protection

United States District Court

Roth Staffing Companies LP v. Brown

A court can award attorney fees for prosecuting a discovery motions to compel and for sanctions.

Practice Areas: Legal Profession , Attorney Fee Recovery , Civil Procedure , Discovery , Motion Practice

United States District Court

Romag Fasteners Inc. v. Fossil Inc.

The Patent Act allows a court to award reasonable attorney fees to a prevailing party in "exceptional" cases.

Practice Areas: Legal Profession , Attorney Fee Recovery , Intellectual Property , Patents , Trademarks , Infringement (Trademark) , Consumer Protection

Connecticut Appellate Court

Southport Congregational Church-United Church of Christ v. Hadley

For the doctrine of equitable conversion to apply, the real estate contract must be specifically enforceable.

Practice Areas: Trusts and Estates , Civil Procedure , Jurisdiction and Service of Process

Connecticut Appellate Court

Valente v. Securitas Security Services, USA, Inc.

Indemnification involves a claim for reimbursement in full from one on whom a primary responsibility is claimed to rest, while appointment, sometimes called contribution, involves a claim for reimbursement of a share of a payment necessarily made by the claim which equitably ought to be paid in part by others.

Practice Areas: Torts

Connecticut Appellate Court

Song v. Collins

For a legal malpractice claim, the jury reasonably determined that the plaintiff failed to establish the standard of care applicable to the defendant when neither the testimony of the plaintiff nor the defendant's expert witness set forth for the jury, either directly or by implication, any description of the standard of care itself, although both may have agreed to that standard and testified as to whether the defendant breached it.

Practice Areas: Legal Profession , Attorney Malpractice , Evidence , Expert Witnesses

Connecticut Appellate Court

Yomtov v. Yomtov

Where no language in the separation agreement indicated that the legal status of the plaintiff's limited liability company was to be disregarded for purposes of calculating the plaintiff's income, the plaintiff's "gross annual income from employment" was the income actually received by the plaintiff from his limited liability company after deducting the company's expenses and not the total revenue of his limited liability company.

Practice Areas: Family Law , Contracts , Business Entities

Connecticut Appellate Court

State v. Rivera

As explained by the 2012 Supreme Court decision in State v. Guilbert, "evidence known to the defendant or his counsel, or that is disclosed, even if during trial, is not considered suppressed as that term is used in Brady," referring to the U.S. Supreme Court's 1963 decision in Brady v. Maryland.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

State v. Gamer

Although the trial court must assiduously defend an accused's right to counsel, the accused must not be permitted to manipulate that right to obstruct the orderly procedure of the court or to interfere with the fair administration of justice.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Hinds v. Commissioner of Correction

The 2008 Supreme Court's decision in State v. Salamon represented a substantive change in the court's interpretation of the language of the kidnapping statute and, here, the court's failure in 2002 to give a Salamon instruction, under the facts presented at trial, substantially deprived the petitioner of his constitutional right to have the jury properly informed of the meaning of the language of the kidnapping charge.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Hedge v. Commissioner of Correction

In Phillips v. Warden, the 1991 Supreme Court established that there is no per se rule that "a conflict of interest arises any time a lawyer who has been prosecuted or convicted of a crime subsequently represents a criminal defendant."

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Bombero v. Trumbull on the Green, LLC

Equity and common sense would not permit a mortgage, omitted from a prior foreclosure action when it had no value, to now be foreclosed.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Historic District Commission of the Borough of Fenwick v. Sciame

The imposition of fines in historic district commission enforcement actions brought under Connecticut General Statutes §7-147h is directory not mandatory and the trial court's decision to refrain from imposing fines did not preclude the court from awarding attorney fees to an historic district commission.

Practice Areas: Legal Profession , Attorney Fee Recovery

Connecticut Appellate Court

Tonghini v. Tonghini

Although the Appellate Court will not decline to review a claim on appeal solely on the basis of a party's failure to seek an articulation of the trial court's decision, if that failure is accompanied by other procedural irregularities that frustrate meaningful review, the court may nonetheless decline to review the claim.

Practice Areas: Family Law

Connecticut Supreme Court

State v. Buckland

Machine generated raw data does not constitute testimonial evidence subject to the confrontation clause.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Supreme Court

Weiss v. Smulders

A cause of action for promissory estoppel accrues when the defendant fails to fulfill its promise.

Practice Areas: Contracts , Bankruptcy

Board of Mediation and Arbitration

City of Torrington and AFSCME, Council 15, Local 442

Arbitrators can find that doctor's note that indicates that a woman who has given birth via Caesarean Section requires six weeks of disability leave, before she returns to work, are sufficient to indicate that the woman suffered a "serious illness," for purposes of sick leave provisions in a collective bargaining contract.

Practice Areas: Administrative Law , Alternative Dispute Resolution , Arbitration (ADR) , Labor and Employment , Labor Law , Collective Bargaining Agreements , Employee Benefits , Health Benefits

Board of Mediation and Arbitration

City of Bristol and AFSCME, Council 15, Local 754

A request to compensate a worker with additional pay when he works at a higher classification must be filed within 20 days of any actionable event and need not be filed within 20 days of the first actionable event.

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

Board of Labor Relations

In the Matter of: Windsor Locks Board of Education and Connecticut Health Care Associates

The Board of Labor Relations can count the vote of a "nurse supervisor," if the employee is a "working supervisor" with only incidental supervisory functions.

Practice Areas: Labor and Employment , Labor Law , Union Representation

United States Court of Appeals for the 2nd Circuit

Azad v. Holder

An immigrant who allegedly was not harmed in an attack and who remained in his native country for two years afterward, without incident, may not prove a reasonable fear of future persecution.

Practice Areas: Immigration Law

Connecticut Appellate Court

Mierzejewski v. Brownell

Connecticut recognizes an exception to the general rule that a nonappealing party is bound by the decision of the lower court, when, as explained in the 1984 Supreme Court case of Gino's Pizza of East Hartford, Inc. v. Kaplan, "the rights of all the parties are interwoven or when the erroneous legal decision of the lower court forms the basis for all of the parties' rights…."

Fairfield J.D., at Bridgeport

Kabel v. Hart

A court can award economic damages, for medical expenses and loss of wages, and non-economic damages, for pain and suffering, to a plaintiff in a motor-vehicle accident.

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

Mashantucket Pequot Tribal Court

Yarlott v. Mashantucket Pequot Gaming Enterprise

Evidence that a Foxwoods Casino worker allegedly stole sunglasses and then lied when questioned can support the employer's decision to discharge for theft and dishonesty, in violation of employee standards of conduct.

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

Fairfield J.D., at Bridgeport

Villa v. Salvaggio

A neighbor's alleged use of offensive or threatening language and annoying conduct may not be sufficient to constitute nuisance.

Practice Areas: Torts , Intentional Torts , Nuisance , Residential and Commercial Real Estate , Legal Profession , Attorney Fee Recovery

Fairfield J.D., at Bridgeport

Lyddy v. Cimmino

Even if proved, allegations that a school principal made sexual jokes and followed a clerical worker can be insufficient to allege intentional infliction of emotional distress.

Practice Areas: Torts , Emotional Distress

New London J.D., at New London

Grabon v. Mainville

Allegations that a motorist tailgated, sped and talked on his cell can be insufficient to allege common-law recklessness, unless the plaintiff alleges that the defendant exhibited a disregard of a high degree of danger.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Fairfield J.D., at Bridgeport

Town of Newtown v. Ostrosky

A court can fine an owner until he complies with orders to remove unregistered motor vehicles, excavation equipment and junk.

Practice Areas: Land Use and Planning , Residential and Commercial Real Estate , Legal Profession , Attorney Fee Recovery

New Haven J.D., at New Haven

Steroco Inc. v. Szymanski

A plaintiff who proves that a defendant's business violates a zoning regulation and that the operation of the business causes economic harm to the plaintiff can be entitled to a permanent injunction.

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

Stamford/Norwalk J.D., at Stamford

Soule v. Soule

A court may consider fault when it distributes property and awards alimony.

Practice Areas: Family Law , Custody and Child Support

Tolland J.D., at Rockville

Richens v. Richens

A court may consider the deterioration of a wife's health, as a result of bulging back discs, fractures in her vertebrae, tumors in her lungs and neck, Non-Hodgkins lymphoma and post traumatic stress disorder, when it awards alimony.

Practice Areas: Family Law , Custody and Child Support

Windham J.D., at Putnam

Enders v. Enders

A court can order that a parent undergo counseling, in order to effectively co-parent.

Practice Areas: Family Law , Custody and Child Support

New Haven J.D., at New Haven

Corona v. Corona

When parties work together to manage a business, a court can award one party the restaurant part of the business and the other party the food truck.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Cohen v. Cohen

A minor child does not constitute a "necessary party," when a dissolution court orders maintenance or support pursuant to Connecticut General Statutes §46b-56c, even if the court's order could affect a Uniform Transfers to Minors Act or 529 account that is held for the child's benefit.

Practice Areas: Family Law , Custody and Child Support , Civil Procedure , Jurisdiction and Service of Process

Hartford J.D., at Hartford

Marques v. Torres

A jury is not required to award economic damages for medical expenses from a motor-vehicle accident.

Practice Areas: Torts , Personal Injury , Motor Vehicles

Danbury J.D., at Danbury

Langham v. Shook

A court can award treble damages for statutory theft of tools and equipment, pursuant to Connecticut General Statutes §52-564.

Practice Areas: Contracts , Breach

Tolland J.D., at Rockville

Cosme v. Bank of America

Allegations that a bank misrepresented it foreclosed and obtained an ownership interest in the plaintiffs' property, and then ordered the electric company to turn off the electric service to the home during the winter, can be sufficient to allege a violation of the Connecticut Unfair Trade Practices Act.

Practice Areas: Consumer Protection , Banking and Financial Institutions , Torts , Emotional Distress

New Haven J.D., at New Haven

Reynolds v. Ecker

A plaintiff who requests a bill of discovery must establish that probable cause exists to bring a cause of action.

Practice Areas: Civil Procedure , Discovery , Medical Malpractice