Recent Decisions

Mashantucket Pequot Tribal Court

Barnes v. Mashantucket Pequot Gaming Enterprise

Emailed Notice of Decision Not "Personal Service"

The transmission of a notice of employment decision by email does not constitute "personal service" for purposes of triggering the applicable 30-day appeal period.

MPTC-CV-2016-166
O'Connell, J.

Connecticut Supreme Court

Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act

Independent Business Need Not Generate Income to Satisfy Part C of ABC Test for Independent Contractors

An individual's independent business need not generate outside income in order to satisfy part C of the ABC test for determining whether that individual is an employee or an independent contractor.

SC 19651
Rinson, J.

New Britain J.D.

Kubanek v. Star

Factual Disputes Precluded Finding That Marriage Was Either Valid or Invalid

Factual disputes precluded finding that decedent's marriage was either valid or invalid.

CV16-6032449
Young, J.

Hartford J.D., at Hartford

Argintaru v. RPL Associates, LLC

Property Owner Had No Duty to Maintain Leased Premises

The terms of a lease precluded finding that a property owner owed a duty of care to persons visiting its leased premises. The court granted summary judgment to the property owner.

CV15-6062369
Shapiro, J.

Waterbury J.D., at Waterbury

Mirabilio v. Opticare, P.C.

No Basis to Exclude Expert Testimony in Medical Negligence Case

The court found no basis for excluding proposed expert testimony regarding the damage caused by defendant's failure to timely diagnose plaintiff's glaucoma.

CV14-6025593
Brazzel-Massaro, J.

New Haven J.D., at Meriden

Doherty v. Connecticut CVS Pharmacy, LLC

Claim of Negligence in Dispensing of Prescription Sounded in Medical Malpractice

Allegations of negligence in the dispensing of a prescription sounded in medical malpractice and thus required a certificate of good faith and an opinion letter from a similar health care provider.

CV16-6009283
Cronan, J.

Waterbury J.D., at Waterbury

DeVito v. Roy

Disqualification of Law Firm Not Warranted

Plaintiff's representation by the same law firm that represented defendant in an unrelated matter years before did not merit disqualification.

CV15-6027583
Taylor, J.

Hartford J.D., at Hartford

Companions and Homemakers, Inc. v. DeClemente

Commencement of Eviction Proceedings Did Not Entitle Landlord to Withhold Portion of Security Deposit

The parties' lease did not provide for the landlord to withhold a portion of the tenant's security deposit to pay the landlord's attorney fees incurred in commencing, but later withdrawing, eviction proceedings.

CV15-5039261
Elgo, J.

Hartford J.D., at Hartford

Villages LLC v. Longhi

Zoning Commission Member Not in Privity With Commission

The plaintiff's prior successful challenge of a zoning commission decision did not collaterally estop a commission member from subsequently defending claims asserted against her individually.

CV12-6036028
Peck, J.T.R.

New Haven J.D., at New Haven

Pfister v. Madison Beach Hotel, LLC

No Requirement to Exhaust Administrative Remedies

The plaintiffs in an action alleging violations of a variance and of local zoning regulations were not, on the facts presented, required to exhaust administrative remedies prior to bringing suit.

CV15-6055458
Wilson, J.

Fairfield J.D., at Bridgeport

Clanton v. Westport Zoning Board of Appeals

Homeowners' Desire to Expand Living Space Insufficient to Support Granting of Zoning Variances

Homeowners' desire to expand their living space did not constitute the "exceptional difficulty and unusual hardship" required to support the granting of zoning variances.

CV16-6057526
Krumeich, J.

Windham J.D.

Enfield Lodging, LLC v. Zurich American Insurance Company

Two Insurers Shared Equal Liability for Wrongful Death Settlement

Two insurers were equally liable for their share of a wrongful death settlement involving multiple insureds.

CV11-6003795
Boland, J.

Hartford J.D., at Hartford

Rollo v. Derek's Home Improvement, LLC

Principals Could Be Held Liable for Torts Committed by LLC

The defendants could be sued in their individual capacities for torts committed by the LLC in which they were principals.

CV16-6067491
Elgo, J.

Stamford/Norwalk J.D., at Stamford

Vision Financial Markets, LLC v. Lu

No Merit to Defendant's Claim Never to Have Had Any Dealings With Plaintiff

The record contradicted the defendant's assertion that he never did business with the plaintiff.

CV16-5016190
Adams, J.T.R.

New Britain J.D.

Prout v. Mukul Luxury Boutique Hotel & Spa

Solicitation of Business in Connecticut Supported Exercise of Personal Jurisdiction

Nicaraguan hotel owners' solicitation of business in Connecticut was, under the circumstances presented, sufficient to support the exercise of personal jurisdiction.

CV15-6029341
Wiese, J.

United States District Court

Colon v. Metro-North Commuter Railroad Company

Triable Issues of Fact As to Railroad's Liability for Injuries Suffered by Trespasser

There were triable issues of material fact as to a railroad's liability for injuries suffered by a man who trespassed on railroad property.

3:13-cv-00325
Meyer, J.

United States District Court

Cote v. United of Omaha Life Insurance Company

Triable Issues of Fact As to Whether Insured Lied on Life Insurance Application

Triable issues of material fact precluded a grant of summary judgment on the issue of whether an insured made a knowing and material misrepresentation about his health in filling out his application for life insurance.

3:14-cv-01644
Bolden, J.

United States District Court

Beamon v. Yale New Haven J.D., at New Haven Horpital, Inc.

Hospital Employee's Complaint About Alleged Assault by Physician Not Matter of Public Concern

A hospital employee's complaint about the alleged inappropriate conduct of a physician on a single occasion did not relate to a matter of public concern so as to trigger the protections afforded private employees under CGS §31-51q.

3:16-cv-181
Arterton, J.

United States District Court

Langan v. Johnson & Johnson Consumer Companies, Inc.

Triable Issues of Fact As to Whether Labeling of Products As "Natural" Was Misleading

Triable issues of material fact precluded a grant of summary judgment to either plaintiff or defendant in two actions alleging the deceptive marketing of consumer products as "natural."

3:13-cv-1470
Meyer, J.

United States District Court

Bell v. Survey Sampling International, LLC

Defendant May Not Settle Individual Plaintiff's Claims to Prevent Class Action

A defendant may not tender funds to settle an individual plaintiff's claim so as to prevent her from pursuing class claims.

3:15-cv-1666
Shea, J.

United States District Court

Wilmington Savings Fund Society, FSB v. Universitas Education, LLC

Motion For Reconsideration Without Merit

A party's motion for reconsideration was utterly without merit. The court denied the motion.

3:15-cv-911
BRYANT, J.

Connecticut Appellate Court

Holmes v. Safeco Insurance Company of America

Inclusion of Fire Coverage in All-Risk Policy Does Not Transform It Into Standard Fire Insurance Policy

The inclusion of fire coverage in an all-risk homeowners' policy does not convert that policy into a standard fire insurance policy for purposes of Connecticut law allowing 18 months for the filing of a lawsuit alleging an insurer's breach of such a policy.

AC 37936
Sheldon, J.

Connecticut Appellate Court

State v. Snowden

Failure to Challenge Alleged Error in Trial Court Precluded Appellate Review

Defendant's failure to object to the joinder of charges in the trial court precluded him from challenging joinder on appeal.

AC 38758
Sullivan, J.

Connecticut Appellate Court

State v. Carlos P.

Convictions for Sexual Assault and Attempted Sexual Assault Violated Double Jeopardy

Convictions for both sexual assault and attempted sexual assault, arising out of the same incident, violated the prohibition against double jeopardy.

AC 39616
Lavine, J.

Connecticut Appellate Court

State v. Berthiaume

Eyewitness Identification Not Tainted by Spontaneous Recognition of Perpetrator's Newspaper Photograph

An eyewitness's spontaneous recognition of a perpetrator from a newspaper photograph was not the product of unduly suggestive private conduct so as to bar the admission of her identification at trial.

AC 37913
Flynn, J.

Connecticut Appellate Court

State v. Ames

Murderer Failed to Prove Affirmative Defense of Extreme Emotional Disturbance

The defendant failed to establish her affirmative defense of extreme emotional disturbance.

AC 38397
Mullins, J.

Connecticut Appellate Court

Ampero v. Commissioner of Correction

Defense Counsel's Performance Not Shown to Be Deficient

The petitioner failed to show that defense counsel's performance was deficient.

AC 38575
Norcott, J.

Connecticut Appellate Court

Al Dente, LLC v. Consiglio

High Bid in Bidding Contest for Successful Business Did Not Obligate Seller

The plaintiff's submission of the high bid in a bidding contest for a restaurant did not obligate the sellers to sell their restaurant to the plaintiff.

AC 38279
Prescott, J.

Connecticut Appellate Court

Town of Ledyard v. WMS Gaming, Inc.

Award of Attorney Fees Not Appealable Before Amount of Award Is Determined

A judgment awarding attorney fees to plaintiff was not appealable until the trial court determined the amount of attorney fees to which the plaintiff was entitled.

AC 39746
DiPentima, C.J.

United States Court of Appeals for the Second Circuit

Umbach v. Carrington Investment Partners (US), LP

Amendment of Agreement to Curtail Investor's Right to Withdraw Funds Constituted Breach

A hedge fund's amendment of a limited partnership agreement to prevent a limited partner's withdrawal of funds breached their agreement.

15-1285

Connecticut Supreme Court

State v. McClain

Failure to Instruct on Consciousness of Guilt Not Plain Error

The trial court's decision not to instruct the jury on consciousness of guilt was not plain error warranting reversal.

SC 19532
Robinson, J.

Connecticut Supreme Court

State v. Davis

Witness Testimony Proved Defendant Did Not Hold Valid Handgun Permit

The evidence at defendant's trial was sufficient to prove that he did not hold a valid permit for the handgun found in his possession.

SC 19511
Espinosa, J.

Connecticut Supreme Court

State v. Bennett

Denial of Material Witness Warrant Did Not Deprive Defendant of Fair Trial

Defendant's inability to provide an address for a missing defense witness was fatal to his claim that the trial court's refusal to issue a material witness warrant deprived him of a fair trial.

SC 18862
McDonald, J.

New Haven J.D., at New Haven

Maroney v. Whitney Imaging Center, LLC

Genuine Issue of Material Fact As to Cause of Plaintiff's Fall

The parties' dispute as to what caused plaintiff's injuries amounted to a genuine issue of material fact.

CV16-6059692
Wilson, J.

New London J.D., at New London

Korineck v. Ridley-Lowell Business and Technical Institute, Inc.

Stairway Where Injury Occurred Not Part of Defendant's Leased Premises

A business operator successfully rebutted a claim that it had control over the stairway leading to the second floor offices that it leased from the property owner.

CV15-6024059
Bates, J.

Fairfield J.D., at Bridgeport

Dalomba v. BML Tool & MFG Corp

Genuine Issue of Material Fact As to Who Employed Temporary Worker

Multiple facts contravened defendant's claim that it was plaintiff's employer and thus immune from suit for personal injuries sustained by plaintiff on its premises.

CV15-6051716
Krumeich, J.

Stamford/Norwalk J.D., at Stamford

Bushansky v. The Phoenix Companies, Inc.

Settlement of Stockholder's Challenge to Proposed Merger Fair, Reasonable, and Adequate

The settlement between a stockholder and a public company regarding a proposed merger was fair, reasonable, and adequate.

CV15-6027891
Genuario, J.

Middlesex J.D., at Middletown

Caron v. Connecticut Pathology Group, P.C.

Clinical Pathologists' Opinion Letter Insufficient to Support Claim of Anatomic Pathologists' Malpractice

An opinion letter from a clinical pathologist was insufficient to support a claim of malpractice that focused on the alleged errors of anatomic pathologists.

CV16-6016245
Domnarski, J.

Waterbury J.D., at Waterbury

Carda v. Alliance Medical Group, Inc.

Genuine Issue of Material Fact Existed As to When Plaintiff Discovered Defendant's Involvement in His Injury

A genuine dispute as to when plaintiff discovered defendant's involvement in his medical treatment precluded a finding that plaintiff's claims against defendant were time-barred.

CV15-6026376
Brazzel-Massaro, J.

Hartford J.D.

Chief Disciplinary Counsel v. Wang

Application for Readmission to State Bar Denied

Attorney's conduct did not warrant reinstatement to the State Bar.

CV14-6048385
per curiam

Hartford J.D., at Hartford

Niziankiewicz & Miller Reporting Services, LLC v. Beebe

Unfulfilled Expectation Insufficient to State Claim of Fraud

Party's mere belief that the services provided him would be different than they actually were was insufficient to state a claim for fraud.

CV15-6060954
Noble, J.

New London J.D., at New London

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

Plaintiffs Adequately Pleaded Claim of Breach of Contract

Defendants' challenges to the sufficiency of breach of contract and civil theft claims were without merit.

CV15-6025330
Bates, J.

New Britain J.D.

DEB Realty, LLC v. Fortunato Construction Group, Inc.

Property Owner Not Liable for Renovations Performed for Tenant

A property owner was not liable to a contractor for work performed for the benefit of its tenant.

CV16-6034915
Young, J.

United States District Court

Grayson v. General Electric Company

Class Certification Appropriate As to Breach of Warranty Claims Arising From Defective Microwave Oven

Plaintiffs' claims relating to an alleged defect in defendant's microwave oven warranted class certification.

3:13-cv-1799
Eginton, J.

United States District Court

Trella v. Wal-Mart Stores, Inc.

Patient's Fall From Operating Table Not Result of Medical Malpractice

No medical training is required to know that a patient must be prevented from falling off an operating table.

3:15-cv-1211
Thompson, J.

United States District Court

Fernandez v. Zurich American Insurance Company

Insurer Had Duty to Defend Insured Against Third Party Complaint

The plaintiff met its burden of showing that at least one allegation in a third-party complaint against possibly fell within the coverage of defendant's liability policy.

3:15-cv-00228
Shea, J.

United States District Court

Uyar v. Seli

Medical School Potentially Liable for Professor's Sexual Harassment of Post-Doctoral Fellow

A post-doctoral fellow adequately alleged claims of sexual harassment against a medical school based on the conduct of its professor.

3:16-cv-186
Bryant, J.

United States District Court

Cecchini v. Schenk

Police Officer Alleged Retaliation by Two Superiors

A police officer adequately alleged a causal connection between his report of misconduct against a fellow officer and adverse actions taken against him by two of his superiors.

3:14-cv-1704
Shea, J.

United States District Court

MedPricer.com, inc. v. Becton, Dixon, and Company

Fees Charged for Medical Supplier's Use of Online Auction Platform Violated Anti-Kickback Statute

The host of an online auction platform for the purchase and sale of medical supplies violated the Anti-Kickback Statute by charging a seller a fee calculated as a percentage of the proceeds from its sales.

3:13-cv-1545
Shea, J.

United States District Court

Edwards v. Cornell

Plaintiffs' and Defendants' Testimony Conflicted As to Police Officers' Alleged Use of Excessive Force

Plaintiffs' and defendants' conflicting testimony precluded the entry of judgment as a matter of law in favor of defendants.

3:13-cv-878
Garfinkel, U.S.M.J.

Connecticut Appellate Court

R.T. Vanderbilt Company, Inc. v. Hartford Accident and Indemnity Company

Insured and Insurers Litigated Liability for Thousands of Claims of Asbestos Injury

Insurers and insured litigated their respective liability for thousands of personal injury actions arising from exposure to asbestos.

AC 36749
Lavine, Beach, and Bear, Js.

Connecticut Appellate Court

McDonald v. McDonald

Doctrine of Res Judicata Barred Successive Action for Partition of Real Property

Plaintiff's current action for partition was, in all significant respects, identical to his prior unsuccessful action for partition by sale, and was thus barred by the doctrine of res judicata.

AC 38289
Sheldon, J.

Connecticut Appellate Court

Ding v. Lazaro

Plaintiff's Notice of Claim Adequately Identified Alleged Defect in City Street

Plaintiff's notice of claim to the City of Stamford adequately identified the location of a manhole alleged to be defective and to have caused an automobile accident in which plaintiff was injured.

AC 38297
Alvord, J.

Connecticut Appellate Court

Rosa v. Commissioner of Correction

Defense Counsel's Failure to Seek Mistrial Not Shown to Be Ineffective

Defendant's acquittal as to the most serious of the charges against him undermined his claim that defense counsel was ineffective for failure to request a mistrial on grounds of juror bias.

AC 37573
Harper, J.

Connecticut Appellate Court

21st Mortgage Corporation v. Schumacher

Plaintiff Had Standing to Foreclose

Plaintiff was the holder of a mortgage with standing to foreclose. The Appellate Court affirmed the trial court judgment granting strict foreclosure.

AC 38219
Mullins, J.

Connecticut Supreme Court

Wall Systems, Inc. v. Pompa

Record Did Not Support Imposition of Constructive Trust on Jointly Owned Assets

No evidentiary basis supported the trial court's imposition of a constructive trust on assets owned jointly by a husband and wife as a remedy for wrongdoing by the husband only.

SC 19734
Rogers, C.J.

Connecticut Supreme Court

Horner v. Bagnell

Former Partner Entitled to Share of Contingency Fees Paid After Partnership Ended

Contingency fees earned by an attorney both during his partnership with another attorney and after that partnership ended, but not paid until after the partnership was dissolved, needed to be divided between the two partners.

SC 19700

Fairfield J.D., at Bridgeport

Silano v. Cooney

Complaint to Police Insufficient to Support Claim of Malicious Prosecution

The defendant's complaint to the police was insufficient to support causes of action for either malicious prosecution or defamation.

CV14-6045374
Hartmere, J.T.R.

Hartford J.D., at Hartford

Short v. State of Connecticut

Standard Tallow Hearing Required to Determine Jurisdiction Over Claim Against State

Because the record was insufficient to permit a finding as to whether the claims commissioner considered and adjudicated plaintiff's claim against the State, the court scheduled an evidentiary hearing on that issue.

CV16-6066375
Dubay, J.

Stamford/Norwalk J.D., at Stamford

Nizzardo v. Badoyannis

Attorney Entitled to Absolute Immunity for Actions Undertaken in Representing Client in Dissolution Action

An attorney was entitled to absolute immunity for her actions in drafting documents on behalf of her client during dissolution proceedings.

CV13-6020100
Tierney, J.T.R.

Fairfield J.D., at Bridgeport

Reef Inc. v. Town of Stratford P&Z

Zoning Commission's Approval of High School Renovation Project Not Arbitrary or Illegal

A neighboring property owner failed to show that a zoning commission decision approving a high school expansion and renovation project was arbitrary or illegal.

CV16-6058900
Krumeich, J.

New Haven J.D., at Waterbury

Hutterly v. Miller

Post-Secondary Education Statute Not Applicable Retroactively

The state's post-secondary education statute does not apply to children for whom an original support order was entered prior to the statute's effective date.

FA98-0148843
Murphy, J.

Hartford J.D., at Hartford

Finney v. Zahedi

Expert Opinion Tendered During Prior Litigation Absolutely Privileged

Because a medical expert's opinion submitted in child custody proceedings was absolutely privileged, the court granted his motion to dismiss subsequent claims of blackmail, fraud, and negligence based on the expert's submission of that opinion.

CV16-5041599
Elgo, J.

Waterbury J.D., at Waterbury

U.S. Bank, N.A. v. Orlando

Triable Issues of Fact As to Lender's Alleged Misrepresentations to Borrower

Contested issues of fact as to a lender's alleged misrepresentations to a borrower during loan modification proceedings precluded summary judgment in the lender's favor in an action for foreclosure.

CV11-6011982
Taylor, J.

Stamford/Norwalk J.D., at Stamford

Tiplady v. Maryles

Relationship Between LLCs Precluded Grant of Summary Judgment

The relationship between two limited liability companies was sufficiently confusing to preclude a grant of summary judgment to the one denying responsibility for alleged negligence.

CV07-5003525
Povodator, J.

New Haven J.D., at New Haven

Antoine v. Elm City Communities

Motion for Extension of Time Applies to Generic Pleading Deadlines Only

A motion for extension of time does not apply to the time limitation for filing a motion to dismiss on grounds subject to waiver under §10-32 unless it states such request expressly.

CV16-5037046
Ecker, J.

New Britain J.D.

Krawiec v. Connecticut State Employees Retirement Commission

Personal Service of Administrative Appeal Had to Be Completed Within Statutory Time Limit

Personal service of appeal from administrative decision had to be completed within the 45 days permitted under the relevant statute.

CV16-6035322
Huddleston, J.

United States District Court

State of Connecticut v. YP Advertising & Publishing, LLC

Need to Interpret Collective Bargaining Agreement Triggered Federal Question Jurisdiction

The complete preemption doctrine applied to a case requiring interpretation of a collective bargaining agreement (CBA), thus triggering federal question jurisdiction.

3:16-cv-1424
Shea, J.

United States District Court

Edelson v. Chapel Haven, Inc.

Provider's Termination of Services To Developmentally Disabled Adult Did Not Violate Medicaid Act

A service provider's termination of services to a developmentally disabled client did not violate either the integration or free choice mandates of the Medicaid Act.

3:15-cv-1862
Underhill, J.

United States District Court

Beyer v. Anchor insulation Co., Inc.

Portions of Proposed Expert Testimony Unreliable

Finding certain proposed expert testimony to be unreliable, the court granted in part and denied in part plaintiffs' motion to preclude such testimony.

3:13-cv-1576
Arterton, J.

United States District Court

Kelly v. Honeywell International, Inc.

Collective Bargaining Agreement Limited Certain Benefits to Employees Who Retired During Term of Agreement

The terms of the parties' collective bargaining agreements assured lifetime medical coverage benefits only to those employees who retired while the agreements were still in effect.

3:16-cv-00543
Bryant, J.

United States District Court

Blackwell v. City of Bridgeport

Racist Letters Created Hostile Work Environment

Defendant's failure to investigate racist letters targeting an individual employee supported the employee's claim of discrimination.

3:15-cv-0046
Arterton, J.

United States District Court

Benjamin v. Oxford Health Ins., Inc.

Discovery Requests Not Shown to Be Vague or Overbroad

Defendant failed to support its objections to plaintiff's discovery requests.

3:16-cv-00408
Merriam, U.S.M.J.

United States District Court

Connecticut Light & Power Co. v. Verizon New York Inc.

Utility Breached Contractual Obligation to Inspect Cables Attached to Jointly Owned Utility Poles

The defendant breached its contractual obligation to inspect and maintain cables suspended from jointly owned utility poles.

3:14-cv-1152
Underhill, J.

Connecticut Appellate Court

Disciplinary Counsel v. Sporn

Attorney's Mishandling of Clients' Cases Warranted Two-Year Suspension

An attorney's mishandling of both client funds and the client's cases warranted a two-year suspension from the practice of law.

AC 38387
Keller, J.

Connecticut Appellate Court

In re Henrry P. B.-P.

Probate Court Jurisdiction to Issue SIJ Findings Ends When Minor Turns 18

The probate court lacked jurisdiction to issue special immigration juvenile status findings once the minor who was the subject of the proceedings turned 18.

AC 39276
Bear, J.

Connecticut Appellate Court

State v. McCoy

Sentencing Deprives Trial Court of Jurisdiction to Hear New Trial Motion

The trial court loses jurisdiction to hear a new trial motion in a criminal case once sentence has been executed.

AC 38789
Beach, J.

Connecticut Appellate Court

State v. Johnson

Offer of Proof Needed to Preserve Claim of Evidentiary Error

The defendant's failure to make an offer of proof in the trial court barred him from arguing on appeal that the trial court's evidentiary ruling deprived him of a fair trial.

AC 39290
DiPentima, C.J.

Connecticut Appellate Court

Meridian Partners, LLC v. Dragone Classic Motorcars, Inc.

Alleged Noncompliance With Settlement Agreement Did Not Warrant Finding of Contempt

Disputes arising over the parties' compliance with a settlement agreement did not warrant either an order vacating the agreement or an order of contempt.

AC 38085
Calmar, J.

Compensation Review Board

Palacios v. Dual-Lite

Former Employer Remained Liable for Injury Suffered During That Employment

Claimant's current employer was not liable for an injury suffered by claimant while working for a prior employer, which injury continued to cause claimant discomfort.

6078 CRB-8-16-3
Mastropietro, Walker, and Salerno

Compensation Review Board

Derosiers v. Electric Boat Corporation

Employer Not Liable for Employee's Injuries Sustained While Using Ride Share Van to Commute to Work

Claimant's employer was not liable for injuries suffered by claimant while using a Ride Share commuter van to travel to work.

6082 CRB-2-16-3
Mastropietro, Salerno, and Mlynarczyk

United States District Court

Beyer v. Anchor insulation Co.

No Foundation for Expert Testimony Linking Insulation to Homeowners' Illness

Plaintiffs' expert testimony was sufficient to withstand summary judgment, but insufficient to prove causation with regard to personal injury.

3:13-cv-1576
Arterton, J.

United States District Court

Hannah v. Wal-Mart Stores, Inc.

Certain Evidence Subject to Exclusion

Plaintiffs were barred from relitigating to the jury certain previously dismissed claims.

3:12-cv-1361
Bolden, J.

United States District Court

United States v. Godiksen

Defendant Not Entitled to Disclosure of Confidential Informant's Identity

Disclosure of a confidential informant's identity would jeopardize the informant's safety and would not assist the defense.

3:16-cr-178
Bryant, J.

United States District Court

United States v. Calhoun

No Exigent Circumstances Justified Warrantless Intrusion Into Suspect's Home

A few drops of blood apparently shed by a suspect did not constitute exigent circumstances justifying officers' warrantless entry into his home.

3:16-cr-92
Underhill, J.

United States District Court

Pascarelli v. Schwartz

Availability of State Law Remedy Precluded Due Process Claim

The availability of a postdeprivation remedy at state law precluded a cause of action for violation of an injured party's procedural due process rights.

3:14-cv-1123
Thompson, J.

United States District Court

MacCluskey v. University of Connecticut Health Center

Employer Liable for Sexual Harassment Inflicted on Employee by Co-Worker

A dental assistant was entitled to damages from her employer for sexual harassment by a co-worker.

3:13-cv-1408
Shea, J.

United States District Court

Borrelli v. McDermott

Police Officer's Use of Force Not Unreasonable

A police officer's use of force to restrain a belligerent and resisting suspect was not unreasonable.

3:15-cv-1857
Martinez, U.S.M.J.

Connecticut Supreme Court

ARS INVESTORS II 2012-1 HVB, LLC v. CRYSTAL, LLC

City's Disapproval of Subdivision Map Did Not Prevent Foreclosure on Tracts Identified in That Map

A lender could foreclose on property even if its interest was in tracts that were purportedly subdivided, but which were never actually approved for subdivision.

SC 19661
McDonald, J.

Complex Litigation Docket, at Hartford

Schwerin v. Bessemer Trust Company

Family Members Contested Distribution of Two Family Trusts

Family members urged competing interpretations of two family trusts. The court granted defendants' motions for summary judgment and denied plaintiffs' motion.

CV12-6036160
Sheridan, J.

New Haven J.D., at New Haven

Craco v. Carlson

Genuine Issue of Fact As to Attorney's Authority to Execute Promissory Note on Client's Behalf

A genuine issue of material fact as to whether a party's attorney had the authority to execute a promissory note on his behalf precluded a grant of summary judgment.

CV14-6048293
Wilson, J.

New Haven J.D., at New Haven

Zamora v. City of New Haven

Plaintiff Failed to Show That Playground Injury Resulted From Foreseeable and Imminent Risk

Plaintiff, who was injured in a school playground, failed to show that her injuries resulted from an imminent harm of which defendants should have been aware.

CV12-6033735
Alander, J.

Rose v. Wintonbury Realty, LLC

Rose v. Wintonbury Realty, LLC

Lessee Responsible for Keeping Parking Lot Clear of Snow and Ice

Under the terms of a lease, the lessee, and not the property owner, was responsible for maintaining a parking lot, and the property owner was not liable for the lessee's alleged failure to keep the lot clear of snow and ice.

CV15-6062576
Noble, J.

Hartford J.D., at Hartford

Kudish v. State of Connecticut

No Showing That State Trooper's Injuries Resulted From His Own Negligence

The evidence failed to support the State of Connecticut's contention that a state trooper's purported negligence in executing a suspect's arrest was a contributing cause of the injuries sustained by the trooper in that arrest.

CV14-6050189
Noble, J.

Fairfield J.D., at Bridgeport

Paternoster v. Paszkowski

Triable Issue of Fact As to Whether Officer's Failure to Activate Siren Breached Ministerial Duty

A police officer's failure to activate his siren upon initiating a vehicle pursuit raised a triable issue of fact as to whether that failure breached a ministerial duty.

CV14-6042098
Arnold, J.

Waterbury J.D., at Waterbury

Golek v. Ury & Moskow, LLC

Triable Issues of Fact As to Counsel's Alleged Failure to Investigate

Parties' pleadings raised triable issues of facts as to counsel's failure to investigate a hospital's motives for first promoting and then terminating a physician from its residency program.

CV13-5016457
Brazzel-Massaro, J.

Fairfield J.D., at Bridgeport

Reef, LLC v. Stratford Board of Zoning Appeals

Modernization of Public High School Necessitated Zoning Variances

A town's plan to modernize its high school, in its current location, required the granting of certain variances from local zoning requirements.

CV61-6058335
Krumeich, J.

Hartford J.D., at Hartford

City of Hartford v. Premier Sports Management Group, LLC

Bidder on City Contract Submitted False Certificate of Insurance

A city stated a viable cause of action for aiding and abetting fraud, among others, based on a defendant's issuance of a false certificate of insurance to a company bidding on a city contract.

CV16-6067560
Epstein, J.

Complex Litigation Docket, at Waterbury

Diaz v. Griffin Health Services Corp.

Hospital Not Subject to Penalty for Notifying Patient of Possible Mistake

Health care providers should not be held liable for negligent infliction of emotional distress based on their act of notifying a patient of a possible medical error.

CV15-6029965
Lager, J.

Hartford J.D., at Hartford

Wood-Ellis v. Ellis

Independent Trucker's Claim That Two-Thirds of Income Went to Expenses Found Credible

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

FA16-5041644
Adelman, J.T.R.

Superior Court for Juvenile Matters, at Hartford

In re Amber B.

Neglect Warranted Termination of Parental Rights

Sibling minors were neglected and/or abandoned by their parents. The court granted petitions to terminate parental rights as to both minors.

CP16-016537
Burgdorff, J.

New London J.D., at New London

Oliver v. Walmart Stores East, L.P.

Employer Not Liable for Supervisor's Unforeseeable Invasion of Employee's Privacy

An employer could not be held liable for a supervisor's unforeseeable invasion of an employee's privacy.

CV16-6027223
Bates, J.

Waterbury J.D., at Waterbury

Martinez c. Premier Maintenance, Inc.

Maintenance Worker Not Terminated Due to Religious Affiliation

A maintenance worker failed to show that he was terminated due to his relationship with a local pastor.

CV14-6021982
Brazzel-Massaro, J.

Hartford J.D., at Hartford

Columbia Dental, P.C. v. Dombkowski

Employer Entitled to Damages for Employee's Theft of Goods

An employer was entitled to damages for an employee's theft of goods. The court rendered judgment in favor of the employer.

CV15-5038642
Elgo, J.

Waterbury J.D., at Waterbury

Agosto v. Premier Maintenance, Inc.

Maintenance Worker Not Terminated From Job Due to His Religion

The record failed to support the plaintiff's claim that he was terminated from his job as a maintenance man because of his religious affiliation.

CV14-6021981
Brazzel-Massaro, J.

Fairfield J.D., at Bridgeport

Carter v. Edge Fitness Gym

Gym Not Liable for Releasing Member's Name to Police

A gym member failed to show that the gym either breached its contract with him or violated his civil rights when it released his name to the police.

CV16-5031410
Bellis, J.

New Britain J.D.

Medical Diagnostic Laboratories, LLC v. Connecticut Department of Social Services

Denial of Provider's Application to Participate In Medicaid Program Not Appealable Decision

The court had no subject matter jurisdiction over an appeal from a decision denying a provider's application to participate in the state's Medicaid program.

CV16-6035077
Huddleston, J.

Connecticut Appellate Court

Weihing v. Preto-Rodas

No Basis to Set Aside Defense Verdict in Personal Injury Case

The trial court properly denied the plaintiff's motion to set aside the jury's verdict in her personal injury case.

AC 37310
per curiam

Connecticut Appellate Court

in re Unique R.

Investigation of Relative Placement Resources Not Prerequisite for Termination of Parental Rights

The alleged failure of the Department of Children and Families to adequately investigate the possibility of placing a neglected minor with paternal relatives did not preclude termination of parental rights.

AC 39020
Sheldon, J.

Compensation Review Board

Frantzen v. Davenport Electric

Stay Warranted Pending Resolution of Jurisdictional Issue

A stay was warranted pending resolution of the issue of the board's jurisdiction over an attorney fee dispute.

6091 CRB-4-16-4
Walker, Salerno, and Engel

New Britain J.D.

Chief Disciplinary Counsel v. Rivera

Attorney Placed on Probation for One Year

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

CV16-6034826
D'Addabbo, J.

Hartford J.D., at Hartford

Leth v. Halloran & Sage, LLP

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

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

CV16-6068019
Noble, J.

Stamford/Norwalk J.D., at Stamford

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

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

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

CV16-6028483
Heller, J.

Middlesex J.D., at Middletown

Muckle v. Pressley

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

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

CV15-6013126
Vitale, J.

Ansonia/Milford J.D., at Milford

Andrews v. City of Shelton

School Officials Immune From Liability for Student's Assault

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

CV15-6019773
Stevens, J.

New Britain J.D.

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

Salespeople Properly Deemed Employees And Not Independent Contractors

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

CV16-5017202
Tanzer, J.T.R.

New London J.D., at New London

Frechette v. Athena Health Care Associates, Inc.

Filing of Complaint With Workers' Compensation Commission Barred Civil Complaint

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

CV16-6026876
Bates, J.

New London J.D., at New London

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

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

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

CV15-6025330
Bates, J.

New London J.D., at New London

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

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

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

CV14-6022452
Vacchelli, J.

Hartford J.D., at Hartford

Loureiro Engineering Associates, Inc. v. KBE Building Corporation

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

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

CV16-6065326
Scholl, J.

Fairfield J.D., at Bridgeport

Leggiardo v. Coface North America Insurance Company

Special Defenses Needed to Be Supported by Facts

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

CV16-6056760
Arnold, J.

Stamford/Norwalk J.D., at Stamford

Abrams v. PH Architects, LLC

No Merit to Homeowner's Claims of Malfeasance Against Contractors

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

CV12-6015437
Adams, J.T.R.

New Haven J.D., at New Haven

Pfister v. Madison Beach Hotel, LLC

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

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

CV15-6055458
Wilson, J.

Waterbury J.D., at Waterbury

A Better Way Wholesale Autos, Inc. v. Smith

Abstention Doctrine Barred Resolution of Pending Federal District Court Matter

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

CV16-6032761
Taylor, J.

United States District Court

Greene v. City of Norwalk

No Relief Granted for Parties' Dilatory Conduct

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

3:14-cv-1016
Bryant, J.

United States District Court

Reaes v. City of Bridgeport

Employer's Candidate Screening Practices Not Shown To Be Discriminatory

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

3:13-cv-1508
Martinez, J.

United States District Court

Metcalf v. Yale University

Prior Sexual Misconduct Complainants' Privacy Needed to Be Protected

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

3:15-cv-1696
Bolden, J.

United States District Court

Thompson v. Rovella

Claims of Civil Rights Violations Time-Barred

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

3:15-cv-1742
Bryant, J.

Connecticut Appellate Court

Chang v. Chang

Premarital Agreement Did Not Bar Award of Alimony

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

AC 38201
Alvord, J.

Connecticut Appellate Court

Deutsche Bank National Trust Company v. Pardo

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

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

AC 38127
Lavery, J.

Connecticut Supreme Court

CCT Communications, Inc. v. Zone Telecom, Inc.

No Error in Finding That Plaintiff Breached Parties' Agreement

Plaintiff failed to show error in the trial court's ruling that it breached its agreement with defendant and was thus liable for defendant's damages.

SC 19574
Eveleigh, J.

Stamford/Norwalk J.D., at Stamford

Narayanaswami v. Christian

Homeowners Gave Neighbors Permission to Remove Trees

The parties' conflicting testimony supported a finding that homeowners gave their neighboring homeowners permission to enter their property and remove certain trees.

CV13-6019968
Lee, J.

New Britain J.D.

McCullough v. Town of Rocky Hill

Homeowner Stated Viable Claim Against Town for Abuse of Process

Homeowner stated viable claim that town foreclosed on his property in order to avoid its liability for damages to the property.

CV15-5016831
Wiese, J.

Ansonia/Milford J.D., at Milford

Francini v. Riggione

Both Parties Breached Real Estate Sales Agreement

The purchaser of a residential lot breached his sales agreement when he had two truckloads of topsoil hauled away, rather than delivering them to the seller's adjacent lot.

CV15-6019263
Moran, J.T.R.

Stamford/Norwalk J.D., at Stamford

Errichetti v. Botoff

Fence Impaired Neighbors' Enjoyment of Property and Served No Useful Purpose

A fence erected along a section of the border between two residential properties impaired the neighbors' enjoyment of their property and served no useful purpose.

CV14-6022623
Heller, J.

New Haven J.D., at New Haven

DeWitt v. Felt Racing, LLC

Question of Fact As to Whether Waiver of Liability Was Enforceable

A waiver of liability was not binding if the party signing it was not given sufficient time to read it.

CV13-6040482
Robinson, J.

New Haven J.D., at New Haven

Malerba v. Betkowski

Jury Improperly Denied Plaintiff Compensation for Injury

A jury award was improper that compensated the plaintiff for neck injuries sustained in an accident, but denied her any compensation for back injuries sustained in the same accident.

CV14-6051447
Ecker, J.

Fairfield J.D., at Bridgeport

Pritsker v. Bowman

Attorney's Special Defenses Legally Insufficient

Defendant's unsupported opinion was insufficient to constitute a special defense.

CV16-5031461
Bellis, J.

Connecticut Supreme Court

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

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

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

SC 19667
Rogers, C.J.

New Haven J.D., at New Haven

Markowitz v. Villa

Tortious Interference with Expected Inheritance Is Viable Cause of Action

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

CV16-6060963
Wilson, J.

New Britain J.D.

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

City Assessor's Valuation of Commercial Property Excessive

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

CV14-6026514
Aronson, J.T.R.

New Britain J.D.

Tajmajer v. Safeco Insurance Company

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

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

CV15-6028512
Morgan, J.

Stamford/Norwalk J.D., at Stamford

Harris v. Elliott

Pedestrian Injured by Motor Vehicle Entitled to Prejudgment Remedy and Attachment

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

CV16-5015714
Povodator, J.

Hartford J.D., at Hartford

Coleman v. Kirby

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

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

CV15-6062602
Elgo, J.

Hartford J.D., at Hartford

Lazuk v. First Student, Inc.

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

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

CV15-6059825
Dubay, J.

Hartford J.D., at Hartford

Marshall v. State of Connecticut

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

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

CV14-6054713
Noble, J.

Stamford/Norwalk J.D., at Norwalk

Success Systems, Inc. v. Sottile

Collateral Estoppel Barred Plaintiff from Relitigating Previously Decided Claim

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

CV15-6025883
Lee, J.

Fairfield J.D., at Bridgeport

Fitzgerald v. City of Bridgeport

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

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

CV15-6052664
Hartmere, J.T.R.

Litchfield J.D.

Killiany v. Bouchard

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

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

FA15-5007830
Dooley, J.

Superior Court for Juvenile Matters, at Waterford

In re Estrella D.

Incarcerated Parent's Criminal History Warranted Termination of Parental Rights

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

CP15-014088
Driscoll, J.

New Haven J.D., at New Haven

Gottlick v. Gottlick

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

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

FA13-4056806
Shluger, J.

New Britain J.D.

Duane W. v. Department of Children and Family Services

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

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

CV15-5017060
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Francois v. Norwalk Police Department

Victim's Testimony Undermined Claim of Wrongful Arrest

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

CV15-5014644
Povodator, J.

Complex Litigation Docket at Hartford

Mendez v. JPMorgan Chase Bank, N.A.

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

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

CV14-6049524
Sheridan, J.

Stamford/Norwalk J.D., at Stamford

United Security, Inc. v. Computronix, Inc.

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

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

CV16-5015655
Jacobs, J.

Middlesex J.D., at Middletown

Nedovich v. Brennan

Bailee Liable to Bailor For Damaged Goods

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

CV14-6012728
Domnarsky, J.

Hartford J.D., at Hartford

Mina v. Connecticut Children's Medical Center

Defendant's Claim of Lack of Jurisdiction Necessitated Supplemental Briefing

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

CV16-6064355
Elgo, J.

United States District Court

Deleon v. Dollar Tree Stores, Inc.

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

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

3:16-cv-767
Haight, J.

United States District Court

Billie v. Credit Collection Services, Inc.

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

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

3:16-cv-786
Bolden, J.

Connecticut Appellate Court

In re Larry D.

Allegedly Erroneous Admission of Parent's Psychological Evaluation Harmless Error

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

AC 39478
Flynn, J.

Connecticut Appellate Court

Izzo v. Quinn

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

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

AC 37510
Mullins, J.

Connecticut Appellate Court

Hammer v. Posta

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

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

AC 38194
Alvord, J.

Connecticut Appellate Court

Gordon v. Gordon

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

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

AC 38343
Keller, J.

Compensation Review Board

Arnold v. Walsh PCL Joint Venture II

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

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

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

J.D. of Stamford/Norwalk at Stamford

3Can, LLC v. Manero

LLC Member Had Standing to Sue

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

CV-16-6028562
Lee, J.

J.D. of Waterbury at Waterbury

Denaul v. Comm. Mntl. Hlth. Affiliates

Employee Established Work Environment Hostile

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

CV-16-6030713-S
Shah. J.

Hartford J.D., at Hartford

Greene v. Quraishi

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

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

CV13-6045815
Peck, J.T.R.

New Haven J.D., at New Haven

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

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

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

CV16-6060514
Robinson, J.

Hartford J.D., at Hartford

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

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

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

CV15-6062735
Noble, J.

Hartford J.D., at Hartford

Wood-Ellis v. Ellis

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

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

FA16-5041644
Adelman, J.T.R.

Superior Court for Juvenile Matters, at Waterford

In re K.V.

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

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

CP15-014338
Driscoll, J.

Litchfield J.D.

Golden v. Golden

Length Of Marriage Warranted Award Of Alimony

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

FA15-6012766
Schuman, J.

Farirfield J.D., at Bridgeport

State v. Jones

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

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

CR15-0284785
Kavanewsky, J.

Ansonia/Milford J.D., at Milford

State v. Harris

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

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

CR96-0104271
Iannotti, J.

Stamford/Norwalk J.D., at Stamford

Taragano v. M2 Systems Corporation

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

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

CV16-6027844
Tobin, J.T.R.

Waterbury J.D., at Waterbury

HSBC Bank USA, N.A. v. Oliveira

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

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

CV14-6025655
Taylor, J.

Stamford/Norwalk J.D., at Stamford

Zukowski v. Zukowski

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

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

CV14-6023805
Povodator, J.

Litchfield J.D.

Alisi v. Cerruto

Contractor Sued Wrong Parties For Unpaid Invoices

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

CV16-6013238
Schuman, J.

Litchfield J.D., at Litchfield

TAKD, LLC v. Biele

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

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

CV15-6012961
Moore, J.

United States District Court

K.E. v. GlaxoSmithKline LLC

Lack Of Evidentiary Foundation Rendered Expert Medical Testimony Inadmissible

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

3:14-cv-1294
Bolden, J.

United States District Court

Morales v. Colvin

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

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

3:16-cv-0003
Garfinkel, J.

Compensation Review Board, Workers' Compensation Commission

Shults v. D.J. Hall Roofing, LLC

Commissioner Required to Determine Date of Injury

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

6071 CRB-5-16-1
Mastropietro, CC

Compensation Review Board, Workers' Compensation Commission

Clark v. Middlesex Corp.

Spouse Not Qualified For Survivorship Benefits

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

6041 CRB-1-15-10
Mastropietro CC

United States Court of Appeals for the Second Circuit

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

Unsolicited Fax Plausibly Shown To Have Commercial Purpose

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

15-288-CV

Stamford/Norwalk J.D., at Stamford

Nuon v. The Stop & Shop Supermarket Co.

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

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

CV15-6026683
Jacobs, J.

New Britain J.D., at New Britain

Chief Disciplinary Counsel v. Rivera

Attorney Who Failed to Protect Clients' Funds Reprimanded

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

CV16-6034826
D'Addabbo, J.

Middlesex J.D., at Middletown

Nejdl v. Town of Clinton Zoning Bd. of Appeals

Owner Sought to Raze 1903 Cottage, Build More Modern One

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

CV15-6014141
Quinn, J.T.R.

Fairfield J.D., at Bridgeport

Sena v. Am. Med. Response of Conn.

Genuine Issues on Whether Good Samaritan Law Protected EMTs

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

CV15-6048410
Kamp, J.

New Britain J.D., at New Britain

Torres v. Dep't of Dev. Serv.

Former Group Home Worker Challenged Placement on Registry

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

CV16-6032569
Huddleston, J.

New Britain J.D., at New Britain

Lowthert v. Freedom of Info. Comm'n

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

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

CV15-6030425
Huddleston, J.

New London J.D., at Norwich

Rogers v. Rogers

Wife Who Allegedly Relapsed Awarded Alimony of $150 per Week

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

FA16-5103667
Connors, J.

New Britain J.D., at New Britain

Monsignor Bojnowski Manor v. Adm'r

Employer Ordered Nurse's Aide to Work with Paralyzed Patients

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

CV16-5017546
Tanzer, J.T.R.

Windham J.D., at Putnam

Harrison v. Superwinch

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

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

CV15-6009928
Calmar, J.

Stamford/Norwalk J.D., at Stamford

Goldberg v. Glencore

Employee Who Proved Employer Breached Guarantee Awarded $4 M

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

CV13-6020367
Povodator, J.

Hartford J.D., at Hartford

Hadden v. Cap. Region Educ. Council

Jury Reasonably Could Find Student Intended to Punch Teacher

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

CV12-6037229
Peck, J.T.R.

New London J.D., at New London

Wheelis v. Backus Hosp. Corp.

Estate Administrator Sought to Open Closed Deposition

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

CV14-6022485
Nazzaro, J.

New Haven J.D., at New Haven

Gotowala v. Peerless Ins. Co.

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

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

CV13-6039295
Wilson, J.

Hartford J.D., at Hartford

Wells Fargo Bank v. McCrorey

Defendants Did Not Qualify for Protection from Foreclosure

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

CV16-6071551
Robaina, J.

United States District Court

United States v. Hempstead

James Hearing on Admissibility of Co-Defendants' Statements Denied

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

3:15cr117
Bolden, J.

United States District Court

Robertson v. Wells Fargo Bank

Jamaican Bank Manager Failed to Prove Disparate Treatment

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

3:14cv1861
Bryant, J.

United States District Court

Deleon v. Dollar Tree Stores

Dollar Tree Worker Failed to Opt Out of Agreement to Arbitrate

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

3:16cv767
Haight, J.

United States District Court

Dailey v. Knight

Inmate with Psoriasis Alleged Medicine Only Lasted 14 Days

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

3:16cv1787
Bolden, J.

United States District Court

A. v. Hartford Bd. of Educ.

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

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

3:11cv1381
Crawford, J.

Connecticut Appellate Court

DeCastro v. Odetah Camping Resort

Plaintiff Did Not Prove Lack of Life Jacket Caused Drowning Death

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

AC 38370
Bear, J.

Connecticut Appellate Court

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

Zoning Board Possessed Authority to Restrict Restaurant's Hours

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

AC 38023
Alvord, J.

Connecticut Appellate Court

Ventura v. Town of E. Haven

$5.9 Million Judgment Against Town of East Haven Reversed

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

AC 37833
Keller, J.

Connecticut Supreme Court

Skakel v. Comm'r of Correction

Skakel Attorney Did Not Provide Ineffective Assistance

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

SC 19251
Zarella, J.

Board of Mediation and Arbitration

Town of Vernon and AFSCME, Council 4, Local 1471

Suspension For Swearing Reduced to a Written Warning

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

2016-A-0325
Neary, Melita and Murphy

Board of Mediation and Arbitration

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

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

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

2016-A-0078
Celentano, Massa and Shea

Board of Mediation and Arbitration

Norwalk Bd. of Educ. and UPSEU

Board of Education Did Not Timely Challenge Arbitrability

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

2015-A-0127
Kuehnel, Margenot and Gnocchi

United States Court of Appeals for the Second Circuit

Estate of Devine v. Fusaro

Officers in Flash Grenade and Rubber Baton Attack were Immune

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

16-414-cv

United States Court of Appeals for the Second Circuit

United States v. Diaz

90 Months for Alleged Drug Trafficker Affirmed

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

16-503-cr

United States Court of Appeals for the Second Circuit

Trikona Advisers v. Chugh

Breach of Fiduciary Duty Claims Barred by Collateral Estoppel

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

14-975-cv
Walker, J.

Hartford J.D., at Hartford

Krawshuk v. Hollaway

Plaintiff Did Not Adequately Allege Claim for Aiding a Tort

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

CV16-5041165
Peck, J.T.R.

Waterbury J.D., at Waterbury

Mirabilio v. Optic Care Eye Health Ctr.

Genuine Issue, if Limitations Period was Tolled in Glaucoma Case

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

CV14-6025593
Brazzel-Massaro, J.

New Britain J.D., at New Britain

Hidalgo v. Rovella

Prosecutor was Absolutely Immune for Official Conduct

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

CV16-5017682
Swienton, J.

New Britain J.D., at New Britain

Gonzalez v. Gonzalez

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

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

FA16-6033748
Pinkus, J.

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

Anderlot v. Anderlot

Mother Won Primary Physical Custody of Children

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

FA13-4016622
Gould, J.

Windham J.D., at Putnam

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

Manager with 8 Percent Permanent Disability Alleged Discrimination

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

CV14-6008428
Calmar, J.

New Haven J.D., at New Haven

Leng v. S. Conn. State Univ.

SCSU Student Claimed He Did Not Receive Notice of Hearing

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

Wilson, J.
Wilson, J.

New Haven J.D., at New Haven

Lydell v. Safeco Ins. Co.

Plaintiff in Severe Impact Collision Awarded $75,290

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

CV15-6056909
Frechette, J.

Fairfield J.D., at Bridgeport

Ipppolito v. McKelvey

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

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

CV15-6052262
Thim, J.T.R.

New Haven J.D., at New Haven

New England Acquisition v. Galvan

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

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

CV14-6051843
Corradino, J.T.R.

United States District Court

Supreme Forest Prod. v. Kennedy

Co-Client Attorney-Client Privilege Shielded Communications

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

3:16cv54
Meyer, J.

United States District Court

Farzan v. Bridgewater Assoc.

'Stray Remarks' Were Insufficient to Prove Employment Discrimination

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

3:16cv935
Underhill, J.

United States District Court

Conley v. Rivera

Allegedly Inmates Threatened to Attack Prisoner During Recreation

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

3:16cv2083
Bolden, J.

United States District Court

Braswell v. Bujnicki

Pretrial Detainee Alleged Officers Jumped on him, Kneed his Testicles

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

3:16cv1431
Meyer, J.

Connecticut Appellate Court

Rivera v. CR Summer Hill

Genuine Issue, if Defendants Lacked Constructive Notice

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

AC 37906
Mihalakos, J.

Connecticut Supreme Court

Nutmeg Housing Dev. v. Town of Colchester

Expert Considered Properties that Were Not Truly Comparable

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

SC 19551
Zarella, J.

Connecticut Supreme Court

Balloli v. New Haven Police Dep't

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

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

SC 19584
Eveleigh, J.

Connecticut Supreme Court

State v. Samuel

State Failed to Prove Juvenile Defendant Was 14 Years Old

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

SC 19578
Rogers, C. J.

Connecticut Supreme Court

State v. Lester

Defendant Claimed Evidence of 'Bad Touch' Was Wrongly Excluded

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

SC 19183
Rogers, C. J.

Connecticut Supreme Court

The Cadle Co. v. Fletcher

Debtor's Residual Postgarnishment Wages Not Exempt from Execution

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

SC 19583
Zarella, J.

State Elections Enforcement Commission

Referral by New Hartford Registrars of Voters

Citizen's Summer Cottage Qualified as a Bona Fide Residence

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

2015-002
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Walsh

No Evidence that Mayoral Campaign Accepted Illegal 'Straw' Donations

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

2015-154
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Thorpe

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

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

2016-020
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Schwing

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

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

2015-177
Castagno, Chair

United States Court of Appeals for the Second Circuit

Ultegra v. Mystic Fire Dist.

Plaintiffs Failed to Prove State-Created Danger from Volunteer Firefighter

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

14-4023-cv

United States Court of Appeals for the Second Circuit

Perez-Dickson v. Bridgeport Bd. of Educ.

Second Circuit Reinstated Principal's Subsequent Complaint

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

15-3128-cv

United States Court of Appeals for the Second Circuit

United States v. Pinto

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

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

15-4130-cr

United States Court of Appeals for the Second Circuit

United States v. Brodsky

Defendant Requested Reduction from 168 to 135 Months in Prison

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

15-2625

United States Court of Appeals for the Second Circuit

Weinstein v. Univ. of Conn.

UConn Prof's 1st Amendment Retaliation Claim Reinstated

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

16-541-cv

Stamford/Norwalk J.D., at Stamford

Comm'r of Transp. v. Deignan

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

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

CV15-5014917
Karazin, J.T.R.

Stamford/Norwalk J.D., at Stamford

Vedbrat v. Chinai

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

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

FA15-6025926
Shay, J.T.R.

New Haven J.D., at New Haven

Lifting Sys. v. The Smedley Co.

Court Refused to Consider Defendant's Unauthenticated Exhibit

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

CV15-6054447
Abrams, J.

New Haven J.D., at New Haven

Muscio v. Kalinowski

Jury Did Not Award Damages for Fall from Horse that Bucked

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

CV11-6023831
Wilson, J.

Waterbury J.D., at Waterbury

Goggin v. Waterbury Bd. of Educ.

Allegedly, Principal was Discharged Because of Intoxication

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

CV14-6023974
Schofield, J.

Stamford/Norwalk J.D., at Stamford

Delgado v. Lopez

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

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

CV15-6025093
Mottolese, J.T.R.

New Haven J.D., at New Haven

Markowitz v. Villa

Grandchild Moved to Quash Subpoena in Will Contest

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

CV16-6060963
Wilson, J.

Litchfield J.D., at Litchfield

Chatfield v. Blodgett

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

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

CV15-6011845
Schuman, J.

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

State v. Cane

Defendant Acquitted of Charge of Intent to Sell within School Zone

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

CR13-0270260
Keegan, J.

New Haven J.D., at New Haven

State v. Bowman

60 Years for Man on PCP who Murdered Girlfriend Affirmed

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

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

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

State v. Arroyo

Cop Had Reasonable Suspicion Driver Did Not Keep within Lane

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

MV16-0392782
Keegan, J.

New Britain J.D., at New Britain

Clark v. Comm'r of Motor Vehicles

Volkswagen Driver Protested Validity of Blood-Alcohol Test

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

CV16-6032656
Huddleston, J.

New Haven J.D., at New Haven

Westphal v. Heon

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

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

CV16-6059378
Wilson, J.

New London J.D., at New London

V&M Constr. v. Coelho

Contractor Did Not Comply with Home Improvement Act

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

CV16-6027306
Nazzaro, J.

United States District Court

United States v. Oreckinto

Evidence of Prior Theft at Waldbaums Was Admissible

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

3:16cv26
Meyer, J.

United States District Court

United States v. Lee

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

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

3:14cr201
Meyer, J.

United States District Court

Lewis v. City of New Haven

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

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

3:16cv1382
Underhill, J.

United States District Court

This LLC v. Jaccard Corp.

Late Disclosure of Expert Witness Forgiven in Marshmallow Stick Case

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

3:15cv1606
Arterton, J.

United States Bankruptcy Court

In re Xiao

Debtor Sought to Pay Lawyer with Assets in Pension Plan

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

13-51186
Tancredi, J.

United States Bankruptcy Court

In re Hurt

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

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

12-21191
Tancredi, J.

Connecticut Appellate Court

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

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

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

AC 38036
Per Curiam

Connecticut Appellate Court

Martinez v. Adm'r, Unemployment Compensation

Worker Engaged in Willful Misconduct After Jury Duty Cancelled

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

AC 37958
Mihalakos, J.

Connecticut Appellate Court

State v. Mitchell

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

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

AC 37394
Schaller, J.

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

Custodian II Alleged that he Performed Work of a Custodian IV

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

2014-A-0555
Panagrossi, Culhane and Gnocchi

United States Court of Appeals for the Second Circuit

Portilla-Cali v. Lynch

Ecuadorian Did Not Prove Continuous Presence in U.S.

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

14-4028

United States Court of Appeals for the Second Circuit

Latty v. Lynch

Suspected Drug Trafficker Did Not Prove Good Moral Character

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

16-863

United States Court of Appeals for the Second Circuit

United States v. Byrd

Initial Plea Underestimated Defendant's Criminal History

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

16-0403

Waterbury J.D., at Waterbury

Li v. Town of Woodbury

Owner Qualified to Testify about Value of Own Property

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

CV16-5017752
Brazzel-Massaro, J.

Hartford J.D., at Hartford

Bustamante v. FIP Constr.

Product Liability Act's Exclusivity Provision Barred Negligence Claim

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

CV15-6060478
Peck, J.T.R.

Hartford J.D., at Hartford

Sotomayor v. Dickau

Genuine Issue if Landlords had Constructive Notice of Tenants' Pet

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

CV16-6065928
Dubay, J.

Fairfield J.D., at Bridgeport

Parnoff v. Aquarion Water Co. of Conn.

Attorney Alleged Water Co. Negligently Inflicted Distress

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

CV14-6045191
Radcliffe, J.

New London J.D., at New London

Malloy v. Sally Beauty Supply

Sales Associate Alleged PTSD from Armed Robbery in Workplace

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

CV16-6027295
Vacchelli, J.

Hartford J.D., at Hartford

Sprague v. State

Tractor Trailer Driver Used Shoulder in Attempt to Pass Plows

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

CV14-6052457
Scholl, J.

Hartford J.D., at Hartford

Ravalese v. Lertora

Litigation Privilege Barred Claims Against Child Psychologist

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

CV16-6042237
Elgo, J.

Hartford J.D., at Hartford

Office of Chief Disciplinary Counsel v. Zeolla

Attorney who Allegedly Ignored Three Clients Suspended Five Years

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

CV16-6067877
Robaina, J.

Stamford/Norwalk J.D., at Stamford

Mayer-Wittman v. Zoning Bd. of Appeals

Owner Won Variances to Raise Cottage Damaged by Hurricane Sandy

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

CV16-6027735
Karazin, J.T.R.

New London J.D., at New London

Patota v. Kreckovic

Tenants Were Not Required to Administratively Exhaust Claims

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

CV16-5015066
Vacchelli, J.

New Haven J.D., at New Haven

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

Court Reversed Arbitrator's Reinstatement of Baseball Coach

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

CV16-6063803
Robinson, J.

New Haven J.D., at New Haven

Delancy v. Hosp. of St. Raphael

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

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

CV14-6048129
Wilson, J.

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

Zhou v. Zhang

Penalty Clause in Parties' Postnup Was Not Enforceable

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

13-4026445
Gould, J.

New Haven J.D., at New Haven

Moss v. Moss

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

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

FA16-5036289
Shluger, J.

Hartford J.D., at Hartford

VisionPoint v. Gish

Covenant Not to Compete for 12 Months within 50 Miles Enforceable

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

CV16-6068213
Peck, J.T.R.

Waterbury J.D., at Waterbury

A Better Way Wholesale Autos v. Gause

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

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

CV16-6031850
Taylor, J.

New London J.D., at New London

Chacon v. Christman

Plaintiff in Motor-Vehicle Accident Awarded $210,833

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

CV15-6023617
Vacchelli, J.

Hartford J.D., at Hartford

State v. Shykeim

Juvenile who Allegedly Stole Motor Vehicle Transferred to Adult Docket

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

JV16-2080001
Burgdorff, J.

Hartford J.D., at Hartford

R.D. Clark & Sons v. Clark

Court Did Not Apply Minority or Marketability Discount to Shares

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

CV14-6050218
Shortall, J.T.R.

Stamford/Norwalk J.D., at Stamford

Woovite v. etouches

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

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

CV16-5016003
Karazin, J.T.R.

New Haven J.D., at New Haven

Giordano Assoc. v. Waller

Contract Did Not Require Insurance Adjuster to Perform All the Work

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

CV15-6056728
Abrams, J.

Fairfield J.D., at Bridgeport

Pinto v. King

Marshal Left Service of Process in Front Doorway of Vacant Home

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

CV16-6054517
Krumeich, J.

United States District Court

Palumbo v. Nationwide Life Ins.

Plaintiffs Alleged Life Insurer Made False Representations

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

3:16cv1143
Eginton, J.

United States District Court

Doctor's Assoc. v. Burr

Broad Arbitration Clause Covered Claims Against Nonparties

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

3:16cv1335
Hall, J.

United States District Court

Walker v. Kendricks

Prisoner Protested Strip Searches, Transfer, Disciplinary Segregation

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

3:16cv274
Meyer, J.

United States District Court

Jefferson v. Reddish

Genuine Issues on Yale Football Player's Excessive Force Claim

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

3:12cv1543
Eginton, J.

Connecticut Appellate Court

Szynkowicz v. Bonauito-O'Hara

Plaintiff Not in Privity of Contract with Defendant Agent

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

AC 38198
DiPentima, C.J.

Connecticut Appellate Court

Marquez v. Comm'r of Correction

Petitioner Did Not Prove Prosecutor Violated Due Process

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

AC 38016
Foti, J.

Board of Labor Relations

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

DOC Ordered Locksmith to Cover More Corrections Facilities

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

4934
Battey, Low and Dellapina

New London J.D., at New London

Hum v. Silvester

Neighbors Alleged that a Prescriptive Easement Existed

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

CV15-6024940
Leuba, J.T.R.

New Haven J.D., at New Haven

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

Defendant Adequately Alleged Violation of Product Liability Act

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

CV15-5036272
Blue, J.

Middlesex J.D., at Middletown

Palma v. Choma

Applicant Requested Restraining Order Against Neighbor with Cell

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

CV16-4020876
Vitale, J.

Hartford J.D., at Hartford

Hernandez v. Bloomfield Foot Specialists

Allegedly Boss Falsely Informed Co-Workers Plaintiff Was Addict

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

CV15-6057551
Peck, J.T.R.

Waterbury J.D., at Waterbury

Gerte v. Dobbin

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

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

CV16-5018284
Brazzel-Massaro, J.

New Haven J.D., at New Haven

Gonzales v. Langdon

Plastic Surgeon Qualified as 'Similar Health Care' Provider

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

CV14-6044417
Fischer, J.

New Haven J.D., at New Haven

McClain-Russell v. Russell

Father who Suffered Heart Attack Sought to Modify Support

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

FA13-4054824
Shluger, J.

New London J.D., at New London

Brink v. Dubreuil

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

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

CV15-6024669
Vacchelli, J.

Ansonia/Milford J.D., at Milford

Inland S.E. New Britain v. Ogulturk

Commercial Lease Guarantors Filed a Claim for a Trial by Jury

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

CV16-6021197
Markle, J.

Hartford J.D., at Hartford

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

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

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

CV13-5037374
Robaina, J.

United States District Court

62-64 Kenyon v. City of Hartford

Protest Against City's Rooming House Ordinance Was Not Moot

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

3:16cv617
Bolden, J.

United States District Court

Nieves v. Colvin

ALJ Did Not Explain Failure to Follow Treating Physician Rule

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

3:15cv1842
Hall, J.

United States District Court

Rafael v. State

Black Instructional Worker Did Not Prove Employment Discrimination

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

3:14cv1746
Bryant, J.

United States District Court

Owoeye v. State

Black Nurse Failed To Prove Prima Facie Case of Discrimination

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

3:14cv664
Bryant, J.

United States District Court

Bartold v. Wells Fargo Bank

Bank Entitled to Protective Order in Reverse Mortgage Suit

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

3:14cv865
Bolden, J.

Connecticut Supreme Court

Bifolck v. Philip Morris

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

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

SC 19310
McDonald, J.

Connecticut Supreme Court

Disciplinary Counsel v. Parnoff

Disciplinary Counsel Did Not Prove Intent to Steal Client Funds

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

SC 19535
Espinosa, J.

Connecticut Supreme Court

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

Agencies Not Required to Provide Environmental Impact Statement

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

SC 19620
Robinson, J.

State Elections Enforcement Commission

Complaint by: Wales

Voter Was Delayed 20 Minutes Because Code Was Incorrect

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

2016-037
Bramante

State Elections Enforcement Commission

Complaint by: Nickson-Kanhai

Registrars' Office Wrongly Informed Voter that Deadline Passed

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

2016-031
Bramante

State Elections Enforcement Commission

Complaint by: Martinez

Unaffiliated Voter Changed Party Affiliation on Date of Primary

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

2016-029
Bramante

Freedom of Information Commission

Williams v. Chairman, Inland Wetlands Comm'n

Intervenor Complained About Exclusion from Executive Session

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

FIC 2016-0226
Freedom of Information Commission

Freedom of Information Commission

Read v. Chairman, Bd. of Educ.

Board Met in Executive Session to Discuss Superintendent's Progress

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

FIC 2016-0291
Freedom of Information Commission

Freedom of Information Commission

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

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

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

FIC 2016-0129
Freedom of Information Commission

Freedom of Information Commission

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

Police Department Destroyed Dashboard Camera Tape After 30 Days

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

FIC 2016-0052
Freedom of Information Commission

Freedom of Information Commission

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

Part of Attorney-Client Privilege to Investigative Report was Waived

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

FIC 2014-183
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Zito v. United Tech. Corp.

Consumer Did Not Prove Manufacturer of Smoke Alarm Committed Fraud

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

16-1302

New London J.D., at New London

Office of Chief Disciplinary Counsel v. McCoy

Attorney Who Refused to Cooperate with Audit Suspended

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

CV16-60273124
Nazzaro, J.

New London J.D., at New London

Georges v. Ob-Gyn Serv.

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

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

CV11-6011571
Vacchelli, J.

New Haven J.D., at New Haven

Bember v. Am. Med. Response of CT

Apparent First Impression on Connecticut's Good Samaritan Act

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

CV14-6049824
Wilson, J.

Hartford J.D., at Hartford

Soucie v. Hartford Parking Auth.

Marshal Received Ticket for Parking in Front of Courthouse

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

CV16-6067238
Huddleston, J.

Fairfield J.D., at Bridgeport

Suliman v. Ahmed

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

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

FA15-5031155
Murphy, J.

New Haven J.D., at New Haven

Martinez v. Bart Realty

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

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

CV14-6049499
Abrams, J.

Hartford J.D., at Hartford

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

In-Home Providers of Elderly Care Sought Deadline Extension

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

CV16-6073014
Moukawsher, J.

United States District Court

AJB Enter. v. Backjoy Orthotics

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

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

3:16cv758
Bolden, J.

United States District Court

Flynn v. NFS

Owner Alleged SEC Falsely Claimed to Investigate Money Laundering

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

3:16cv1365
Underhill, J.

United States District Court

Telkamp v. Vitas Healthcare Corp.

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

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

3:15cv726
Hall, J.

United States District Court

Jackson v. Farinella

Inmate with PTSD Alleged Denial of Mental Health Treatment

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

3:16cv1174
Meyer, J.

Connecticut Supreme Court

Heisinger v. Cleary

Lawyer Executor Immune for Hiring an Expert Stock Appraiser

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

SC 19633
Rogers, C.J.

Connecticut Supreme Court

Marciano v. Jimenez

Trial Court Wrongly Deducted Collateral Source Payments

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

SC 19547
Vertefeuille, J.

State Elections Enforcement Commission

Referral by: Secretary of the State

Registrars Fined $400 Because Official Could Not Operate Machine

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

2016-043
Bramante

State Elections Enforcement Commission

Referral by: Campaign Disclosure and Audit Unit

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

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

2015-017NF
Bramante

State Elections Enforcement Commission

Complaint by: Perez

Voter Initially was Informed that he Could Not Change Affiliation

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

2016-032
Bramante

Freedom of Information Commission

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

Arrestee Requested Copies of Tapes from Body Cameras

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

FIC 2016-0169
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

L.S. v. Webloyalty.com

Consumer Adequately Alleged he Was Victim of Bait and Switch

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

15-3751

Mashantucket Pequot Tribal Court

Guertin v. Mashantucket Pequot Tribal Nation

MAPA Did Not Provide Jurisdiction Over Mashantucket Worker's Appeal

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

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

Litchfield J.D., at Litchfield

State v. Ventry

Potential Conflict of Interest Disqualified Defense Attorney

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

CR15-0148236
Dooley, J.

New Britain J.D., at New Britain

Butler v. Butler

Electrical Lineman Claimed Storm Work Pay Should Be Exempt

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

FA15-5016211
Carbonneau, J.

Hartford J.D., at Hartford

State v. Velez

Defendant Complied with AR, Although he Did Not Pay Restitution

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

CR13-0669812
Bentivegna, J.

New Britain J.D., at New Britain

State v. Lane

Loss of Pocketknife Did Not Violate Due-Process Rights

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

CR15-0276629
Keegan, J.

Litchfield J.D., at Litchfield

Cussen v. Lambert & Barr

Plaintiffs Were Only Entitled to Attorney Fees for CUTPA Count

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

CV14-6010425
Moore, J.

United States District Court

United States v. Stanley

Excerpt of Witness's Grand Jury Testimony Was Admissible

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

3:15cr198
Meyer, J.

United States District Court

Morales v. Gourmet Heaven

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

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

3:14cv1333
Bryant, J.

United States District Court

Boczar v. The Anthem Cos.

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

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

3:15cv830
Bryant, J.

United States District Court

Fernandez-Bravo v. Town of Manchester

Cops Had Probable Cause to Arrest for Threatening Emails

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

3:12cv1103
Eginton, J.

Connecticut Supreme Court

Dattco v. Comm'r of Transp.

DOT Commissioner Lacked Power to Take Bus Company Certificates

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

SC 19558
Zarella, J.

Connecticut Supreme Court

State v. Spielberg

Defendant Asked Court to Erase Pot Possession Charges

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

SC 19627
Espinosa, J.

Connecticut Supreme Court

Blakely v. Danbury Hosp.

'Final Judgment' Rule Barred Hospital's Interlocutory Appeal

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

SC 19461
McDonald, J.

Board of Mediation and Arbitration

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

Municipal Worker Allegedly Falsified Records 22 Times

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

2016-A-0537
Kuenhel, Podurgiel and Sullivan

Board of Mediation and Arbitration

City of Hartford and AFSCME, Council 4, Local 1716

Hartford Had Just Cause to Discharge Unproductive Worker

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

2016-A-0300
Toomey, Malse and Celentano

Board of Mediation and Arbitration

City of Bridgeport and AFSCME, Council 4, Local 1159

Surveillance Tape Supported Citizen's Complaint Against Officer

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

2016-A-0232
Kuehnel, Ryan and Sullivan

Mashantucket Pequot Tribal Court

Flanagan v. Mashantucket Pequot Gaming Enter.

Defendant Entitled to Protective Order in Connection with Deposition

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

MPTC-CV-2015-172
Londregan, J.

Hartford J.D., at Hartford

City of Hartford v. CBV Parking Hartford

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

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

CV14-5038334
Epstein, J.

Middlesex J.D., at Middletown

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

Chabad Claimed that Offer to Purchase Was Enforceable

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

CV16-6015551
Aurigemma, J.

Stamford/Norwalk J.D., at Stamford

Lachira v. Town of Greenwich

Plaintiff Did Not Prove that Sidewalk Contained any Defect

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

CV13-6020443
Mottolese, J.T.R.

Hartford J.D., at Hartford

Office of Chief Disciplinary Counsel v. Larsen

Lawyer Disbarred After he was Caught Embezzling a Second Time

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

CV16-6066598
Robaina, J.

Stamford/Norwalk J.D., at Stamford

R&W Staffing v. O'Hara

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

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

CV14-6023282
Adams, J.T.R.

Hartford J.D., at Hartford

Smith v. Long

Plaintiffs Won $35,588 in Uninsured-Motorist Benefits

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

CV14-6052608
Elgo, J.

Ansonia-Milford J.D., at Milford

Nemec v. Town of Ansonia

Walker Alleged Recreational-Use Statute did not Cover Municipality

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

CV15-6018817
Stevens, J.

Fairfield J.D., at Bridgeport

Perez-Dickson v. Bridgeport Bd. of Educ.

Principal Collaterally Estopped from Litigating §31-51q Claim

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

CV13-6033116
Kamp, J.

Hartford J.D., at Hartford

Boullie v. Covidien

Manager Alleged that Employer Breached an Implied Contract

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

CV16-6065369
Peck, J.T.R.

Hartford J.D., at Hartford

Harris v. Kimmel & Silverman

Law Firm Ordered to Disclose Names of Clients and Billing Info

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

CV15-6064617
Huddleston, J.

New Haven J.D., at New Haven

Cookingham v. Ieraci

Defendant Sought Disclosure of Plaintiff's Investigative Report

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

CV15-6055339
Ecker, J.

Ansonia-Milford J.D., at Milford

Randolph v. Malangone

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

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

CV13-6013420
Stevens, J.

Fairfield J.D., at Bridgeport

Fernandes v. Town of Monroe

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

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

CV14-6044783
Kamp, J.

Hartford J.D., at Hartford

Laz Parking v. Caires

Employer Awarded Treble Damages for Employee's Civil Theft

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

CV15-5038627
Scholl, J.

United States District Court

Simoniz USA v. Dollar Shave Club

Web Site Was not Active when Simoniz Sought Declaratory Judgment

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

3:16cv688
Bolden, J.

United States District Court

United States v. Rhoades

Child Porn Defendant Sought to Suppress Statements to Cops

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

3:15cr206
Meyer, J.

United States District Court

Lassen v. Hoyt Livery

CPA Extrapolated Data from Nine Drivers to 38 Other Drivers

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

3:13cv1529
Bolden, J.

United States District Court

Milner v. Black

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

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

3:16cv1621
Underhill, J.

United States District Court

Christie v. Prescott

Arrestee Did Not Prove Waterbury Officer Used Unreasonable Force

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

3:14cv566
Arterton, J.

Connecticut Appellate Court

Village Apt. v. Ward

Apparent First Impression on Marketable Title Act Exemption

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

AC 38047
Bear, J.

Connecticut Appellate Court

D'Amato v. Hart-D'Amato

Mom Did Not Prove that Judge Adelman Should Have Been Recused

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

AC 36849
Beach, J.

Connecticut Appellate Court

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

Plaintiff Failed to Establish Jurors Used Wrong Burden of Proof

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

AC 37866
Alvord, J.

Connecticut Appellate Court

Ambrose v. Comm'r of Correction

Petitioner Claimed Trial Lawyer Did Not Place Plea Offer on Record

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

AC 38229
Per Curiam

Connecticut Supreme Court

In re Jayce

Mom Did Not Prove Trial Court Violated Due-Process Rights

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

SC 19669
Espinosa, J.

Board of Labor Relations

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

City Controller Took On Part of Web Designer's Workload

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

4928
Battey, Low and Bird

United States Court of Appeals for the Second Circuit

Nadesan v. Citizens Fin. Grp.

Worker from Singapore Did Not Adequately Claim Race Discrimination

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

16-942cv

United States Court of Appeals for the Second Circuit

Beard v. Town of Monroe

Property Owner Did Not Prove Selective Enforcement by P&Z

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

16-44cv

United States Court of Appeals for the Second Circuit

Harnage v. Torres

Continuing Violation Doctrine Did Not Extend Statute of Limitations

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

16-437cv