Recent Decisions

New Britain J.D., at New Britain

Zak-Rejinak v. Rejniak

Child Allegedly Distributed Mother's Property Prior to Death

To prevail on an unjust enrichment claim, plaintiff was required to prove: (1) defendants were benefitted; (2) defendants unjustly did not pay plaintiff for the benefit; and (3) defendants' failure to pay harmed plaintiff.

CV15-6029937
Swienton, J.

New Britain J.D., at New Britain

BKR v. Town of Rocky Hill

Town Did Not Correctly Compute Size of West Side Marketplace Store

A court could find that a municipality did not correctly compute the gross leasing area of a grocery store when it reached a decision about fair market value.

CV14-6025202
Aronson, J.T.R.

Waterbury J.D., at Waterbury

Bilotto v. Dudzikowski

Tenant Not Responsible for Police Officer's Slip and Fall

A tenant who contacted police might not be legally responsible, if a police officer who responded slipped and fell on "green slime," because the tenant lacked possession and control of the exterior of the premises.

CV14-6023023
Roraback, J.

Hartford J.D., at Hartford

Schnaars v. Subramaniam

Dr. Was Qualified to Opine about 10-Hour Delay in Treating Appendicitis

A court could dismiss a medical-malpractice complaint that did not include a written opinion from a "similar health care provider," pursuant to Connecticut General Statutes §52-190a.

CV15-6062006
Dubay, J.

Stamford/Norwalk J.D., at Stamford

Clark v. Clark

Former Wife Refused to Sign 'Making Home Affordable' Form

A former wife's refusal to sign a "making home affordable program" form did not constitute interference with the husband's attempt to sell the former marital residence.

FA06-4009453
Jacobs, J.

Fairfield J.D., at Bridgeport

Lopez v. City of Bridgeport

Mother Alleged Special Ed Child Was Sexually Attacked by Classmate

An individual who was an identifiable person subject to imminent harm could qualify for an exception to government immunity.

CV15-6051932
Bellis, J.

Hartford J.D., at Hartford

State v. Brown

Sentence of 55 Years for Shooting Victim of Robbery Affirmed

An individual who allegedly shot and killed a defenseless victim, who made an attempt to run away during a robbery, could be sentenced to 55 years in prison.

CR05-691418
Fischer, J., Alexander, J. and Ginocchio, J.

Ansonia/Milford J.D., at Milford

State v. Bristol

Five Years for Second-Degree Assault with Pickup Truck Affirmed

An individual who allegedly drove a pickup truck under the influence and collided with a motorcyclist could be sentenced to five years in prison.

CR14-87842
Kahn, J., Alexander, J., and Ginocchio, J.

Fairfield J.D., at Bridgeport

DeMattia v. Bank of Am.

Borrower Adequately Alleged Bank of America Violated CUTPA

Allegations that defendant financial institution breached its contracts, engaged in fraudulent misrepresentation and violated the Creditors' Collection Practices Act were sufficient to state an unfair trade practices claim.

CV14-6041948
Wenzel, J.

United States District Court

Huerta v. Haughwout

FAA Could Enforce Subpoenas Against Alleged Maker of YouTube Drone Video

To enforce an administrative subpoena, an agency must establish: (1) its investigation was conducted pursuant to a legitimate purpose; (2) information that the agency requested was relevant to that legitimate purpose; (3) the agency did not already possess the information requested; and (4) the agency followed necessary administrative steps, in issuing the subpoena.

3:16cv358
Meyer, J.

United States District Court

LaFountain v. Smith ' Nephew

Allegedly, Hip Replacement Parts Corroded and Released Metal Debris

The Medical Device Amendments expressly pre-empted state common-law tort claims, to the extent that they imposed a standard different from, or in addition to, federal requirements, and to the extent that they related to the safety and effectiveness of Class III medical devices.

3:14cv1598
Eginton, J.

United States District Court

Edwards v. Stewart

Suit Against Hamden Police Alleged Emotional Distress, Tortious Conduct

Allegations of emotional distress and tortious conduct were insufficient to allege a federal cause of action.

3:15cv1257
Haight, J.

United States District Court

Pettengill v. Fireman's Fund Ins.

Insurer Entitled to $600,000 Set Off for Payment to Mortgagee

If a mortgagee sought and obtained reimbursement from an insurer for a loss pursuant to an insurance policy, the insured might not be entitled to a double recovery under the policy.

3:13cv154
Eginton, J.

Connecticut Appellate Court

Amica Mut. Ins. v. Muldowney

Tenants Left Property in Winter without Enough Oil for Furnace

If the lease was silent about the possibility of subrogation, a property insurer could be barred from recovering from tenants for damages that they allegedly caused.

AC 37721
Beach, J.

Connecticut Appellate Court

Mensah v. Mensah

Length of Marriage Did Not Merit Automatic Award of Alimony

The trial court could consider the length of the marriage, the causes of dissolution, and the age, health, stations, occupations, amounts and sources of income, vocational skills, employability, estate and needs of the parties when it decided whether to award alimony.

AC 37412
Beach, J.

Connecticut Appellate Court

Fiona v. Kevin

Alleged Threat to Slit Throat Was Insufficient to Prove Stalking

Proof of second-degree stalking required the applicant to establish: (1) defendant acted knowingly; (2) defendant engaged in a course of conduct directed at the victim; and (3) that conduct would cause a reasonable individual to fear for physical safety, pursuant to Connecticut General Statutes §53a-181d.

AC 38495
DiPentima, J.

Connecticut Appellate Court

Computer Reporting Serv. v. Lovejoy and Assoc.

Lawyer Not Individually Responsible to Pay for Court Reporter's Services

A lawyer acted as the agent of his law firm when he sent deposition notices to a court reporter, to request that the court reporter attend the deposition.

AC 37257
Prescott, J.

Connecticut Appellate Court

Bloch v. Ullman

Pro Se Who Sued Attorneys Did Not File Timely Recognizance Bond

A pro se plaintiff was required to file a recognizance bond when he returned the summons and complaint to court.

AC 37847
Lavine, J.

Connecticut Supreme Court

Gershuny v. Gershuny

Legislature Recognized Marriages Performed by Fake New York 'Rabbi'

Because the New York legislature recognized the parties' marriage as valid, even though the individual who performed it was not actually authorized to perform marriages in New York, the marriage was also valid in Connecticut, pursuant to the Full Faith and Credit Clause of the United States Constitution.

SC 19647
Per Curiam

Connecticut Supreme Court

State v. Arias

Office Manager Sought to Suppress Statement at Police Station

To establish he was entitled to a Miranda warning, defendant was required to prove he was subjected to police questioning when he was held in custody.

SC 19587
Vertefeuille, J.

Connecticut Supreme Court

State v. Perez

Mayor Wanted to Testify in One of Two Cases that Were Tried Together

Prejudice could develop, when two unrelated criminal cases against one defendant were tried together, and the defendant decided to testify in only one of the two, because juries tended to become suspicious of defendants who choose to testify selectively in one case and remain silent in another.

SC 19285
Palmer, J.

Connecticut Supreme Court

Webb v. Comm'r of Correction

Convicted Murderer Daniel Webb Won Reversal of Death Penalty

The legislature's enactment of Public Act 12-5 made the death penalty unconstitutional, as it applied to an individual sentenced to death for a capital felony committed prior to the effective date of Public Act 12-5.

SC 18857
Per Curiam

Connecticut Supreme Court

Comm'n on Human Rights and Opportunities v. Echo Hose Ambulance

African-American Volunteer Did Not Qualify as 'Employee'

Title VII and the Connecticut Fair Employment Practices Act, which protect employees from discrimination, did not apply to an unpaid volunteer.

SC 19496
McDonald, J.

State Elections Enforcement Commission

Complaint by: Godbout

Complainant Did Not Prove that Respondents Violated 75-Foot Rule

The 75-foot rule, which prohibited electioneering within 75 feet of the "outside entrance" of a polling place, applied only to entrance doors.

2015-161
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Davis

No Proof Selectman Used Public Funds to Write Letter Against Referendum

Generally, "no expenditure of state or municipal funds shall be made to influence any person to vote for approval or disapproval" of any referendum question, pursuant to Connecticut General Statutes §9-369b.

2016-036
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Bushior

Certificate of Party Endorsement Had Candidate's Faxed Signature

Connecticut General Statutes §9-391 required that a candidate sign the town committee's certificate of party endorsement.

2016-007
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Arras

First Selectman Removed 'Please Vote No' Signs Before Referendum

Generally, municipal funds cannot be spent to advocate approval or disapproval of a municipal budget referendum, pursuant to Connecticut General Statutes §9-369(b).

2016-003
Castagno, Chair

Freedom of Information Commission

Tanner v. Maniago

Prisoner Did Not Prove that Torrington Police Withheld Records

The Freedom of Information Commission could impose penalties, if police department respondents did not obey orders to disclose records in a prior decision.

FIC 2015-666
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Arzuaga v. Pafumi

Conn. District Court Wrongly Revoked Inmate's IFP Status

The in forma pauperis statute did not include an obligation to update an affidavit, if the prisoner received funds, or require that the inmate spend all funds subsequently received on court fees.

15-1112-cv

Compensation Review Board

DeOliveira v. Florenee Cleaning

Motor-Vehicle Accident En Route to Work Was Compensable

A worker who was injured in a motor vehicle driven by her employer en route to the first work assignment of the day was injured in the course of employment.

6024 CRB-4-15-8
Mastropietro, with Walker and Salerno

Commission on Human Rights and Opportunities

Comm'n on Human Rights and Opportunities ex rel. Weinz v. Bill Selig Jewelers

Diabetic Jeweler Did Not Prove Employer of 17 Years Discriminated

Stray remarks of a decision maker, without more, may be insufficient to prove employment discrimination.

1110081
Wright, Presiding Human Rights Referee

United States Court of Appeals for the Second Circuit

United States v. Faux

Defendant Who Was Interrogated Was Not in Government's Custody

Generally, statements made during a custodial interrogation were not admissible, unless the suspect was informed about his rights.

15-1282-cr
Jacbos, J.

New Haven J.D., at New Haven

Robinson v. Carr

Real Estate Broker Alleged that Plaintiff Signed General Release

A real-estate broker was allowed to file special defenses, to inform the court, counsel and parties of the issues to be tried.

CV14-6048389
Wilson, J.

Hartford J.D., at Hartford

Narvaez v. La Fonda Bar-Rest.

Alleged Assailants Were Not Identified in Dram Shop Act Suit

A complaint that indicated the date, time and location of the alleged sale of alcohol met the requirements of the Dram Shop Act.

CV15-6063785
Noble, J.

New Haven J.D., at New Haven

Haynes v. Campbell

Landowners Lacked Duty of Care to Passerby Allegedly Bitten by Dog

Landowners may not owe a duty of care to a passerby who allegedly was bitten by a tenants' dog when walking in front of the property.

CV15-6051503
Fischer, J.

New Haven J.D., at New Haven

Azzaro v. Westbrook

Tree Trimmer who Allegedly Fell Was an Independent Contractor

A homeowner may not owe a duty of care to an independent contractor.

CV15-6052990
Blue, J.

Middlesex J.D., at Middletown

Keyes v. LaFlamme

Driver Adequately Alleged Contributory Recklessness

Contributory recklessness could constitute a special defense to allegations of negligence.

CV15-6014594
Aurigemma, J.

Waterbury J.D., at Waterbury

Feingold v. Watermark/Alsa

Nursing Home Resident who Fell Did Not Obtain Written Opinion

Allegations in a complaint sounded in medical malpractice, if the alleged negligence was substantially related to medical diagnosis or treatment and involved the exercise of medical judgment.

CV15-6026978
Brazzel-Massaro, J.

Waterbury J.D., at Waterbury

Olsen v. Olsen

Request to Incarcerate Ex-Husband, who Was in Contempt of Court, Denied

An individual who was found in contempt of court could be fined or imprisoned.

FA15-5017178
Nastri, J.

Hartford J.D., at Hartford

In re Jeremiah M-R

Kids Allegedly Observed Father Engage in Domestic Violence

A court could open and modify custody, if the Department of Children and Families proved, by a fair preponderance of the evidence, that modification was in the best interests of the minor children.

CP14-015514-A and CP14-015515-A
Gilligan, J.T.R.

Fairfield J.D., at Bridgeport

Daley v. J.B. Hunt Transport

African-American Alleged Prima Facie Case of Disparate Treatment

To prove a prima facie case of employment discrimination, plaintiff was required to establish he belonged to a protected class, he was qualified, and he suffered an adverse employment action in circumstances that led to an inference of discrimination.

CV13-6039686
Wenzel, J.

Fairfield J.D., at Bridgeport

State v. McAlister

Teen Imprisoned for 1963 Murder Committed More Crimes

Incarcerating an individual to life in prison for a crime committed when a minor could unconstitutionally deprive that individual of the opportunity to prove that he matured and should be released.

CR64-15765 and CR64-15711
Devlin, J.

New Britain J.D., at New Britain

State v. Labarge

65 Years for Brutal Murder with Baseball Bat and Knife Affirmed

An individual could be sentenced to decades in prison for murder and tampering with evidence.

CR09-43032
Fischer, J., Alexander, J., and Ginocchio, J.

Fairfield J.D., at Bridgeport

Jimenez-Arias v. Seyal

Contractor Did Not Comply with Home Improvement Act

A home improvement contract was not valid or enforceable against an owner, unless the contract was signed by the owner and the home improvement contractor, pursuant to Connecticut General Statutes §20-429.

CV15-5031015
Rush, J.T.R.

Hartford J.D., at Hartford

Giuliano v. Porsche Cars N. Am.

Plaintiff Failed to Prove that 2014 Porsche Cayenne Engine Malfunctioned

A court could vacate an arbitration award, pursuant to Connecticut General Statutes §42-181(c)(4), if plaintiff proved that the arbitrator exceeded his powers or so imperfectly executed them that a mutual, final and definite award was not made.

CV16-6065009
Dubay, J.

Hartford J.D., at Hartford

State v. Sebben

Defendant Alleged Claims for Costs of Prison Violated Equal Protection

A criminal defendant's motion to dismiss could be used to address lack of jurisdiction over the subject matter, lack of jurisdiction over the person or insufficiency of process.

CV15-5039364
Epstein, J.

United States District Court

Drimal v. Makol

Agents who Conducted Wire Tap Not Entitled to Qualified Immunity

Connecticut General Statutes §52-570d provided a safe harbor to law enforcement agents acting in the course of their duties.

3:12cv717
Eginton, J.

United States District Court

Beyer v. Anchor Insulation

Plaintiffs Missed Deadline for Addition to Expert Report

The proper ground to add to a medical expert's report was if the expert subsequently discovered information that previously was unknown or not available.

3:13cv1576
Margolis, J.

United States District Court

Poitras v. ConnectiCare

Employer Discharged Worker who Posted Pictures of Herself Dancing

To prevail on an FMLA retaliation claim, plaintiff was required to prove: (1) she exercised rights protected under the FMLA; (2) she was qualified; and (3) she suffered an adverse employment action under circumstances that led to an inference of retaliatory intent.

3:14cv981
Bolden, J.

United States District Court

Cadena v. A-E Contracting

Defendant in FLSA Case Ordered to Pay Reasonable Attorney Fees

A court could order the payment of reasonable attorney fees as a sanction against a defendant who was in contempt of court.

3:08cv574
FitzSimmons, J.

Connecticut Supreme Court

Raymond's Auto Repair v. Comm'r of Motor Vehicles

Towing Company Overcharged Consumer for Use of 1140 Rotator Truck

Services of a towing company prior to the actual towing were integral to the towing and properly were included in the amount charged to a customer for towing.

SC 19454
Zarella, J.

Connecticut Supreme Court

Modzelewski's Towing and Recovery v. Comm'r of Motor Vehicles

Federal Law Did Not Pre-Empt State Regulation of Pre-Towing Fees

State law regulating the fees charged for pre-towing were not pre-empted by federal law in 49 United States Code §14501(c)(1).

SC 19453
Zarella, J.

Connecticut Supreme Court

State v. Connor

State Lacked Opportunity to Be Heard on Dispositive Issue

Parties were entitled to notice that a court intended to consider an issue, so that they could review the record, conduct research and prepare a response.

SC 19421
McDonald, J.

Statewide Grievance Committee

New London J.D. Grievance Panel v. Leary

New London Attorney Admitted Contacting Prospective Clients

An attorney who allegedly contacted prospective clients could violate Rule 7.3 of the Rules of Professional Conduct.

15-0695
Riccio, Gill and Sullivan

Statewide Grievance Committee

Harris v. Lipsky

Personal-Injury Client Allegedly Did Not Receive Settlement Funds

A plaintiff's attorney who allegedly was not diligent and allowed his client's case to be dismissed could engage in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4).

15-0516
Koffsky, Sansone and Sheridan

Statewide Grievance Committee

Hankerson v. Vickery

Convicted Felon Alleged Appellate Attorney Did Not Keep Him Informed

An attorney who was not diligent and did not communicate adequately could violate Rules 1.3 and 1.4 of the Rules of Professional Conduct.

15-0517
Goulden and Slossberg

Statewide Grievance Committee

Dore v. Giacomi

Waterbury Attorney to Take Legal Education Course on Legal Ethics

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

15-0383
Riccio and Gill

State Elections Enforcement Commission

Complaint by: Pivirotto

Issue of Apparent 1st Impression on Order of Candidates on Ballot

Connecticut General Statutes §9-437(d) provided that the slate of candidates who filed a petition first could appear first on the ballot.

2016-006
Castagno, Chair

New Haven J.D., at New Haven

Gaetano v. Pluchino

Parties Who Ended Relationship to Sell and to Divide Net Proceeds

A court could partition a property that was owned jointly by two parties.

CV15-6053139
Burke, J.

Fairfield J.D., at Bridgeport

Kunschaft v. Kunschaft

Ex-Husband Proved Change in Finances as Result of Cohabitation

To prove that cohabitation changed his former wife's finances, a husband was not required to prove a substantial change in finances, only a clear change.

FA10-4032600
Adelman, J.T.R.

Stamford/Norwalk J.D., at Stamford

Keusch v. Keusch

Mother of Three Kids Awarded $12,500 per Month and Residence

A court could consider the parties' jobs, health, assets and sources of income when it awarded alimony and child support.

FA14-4026981
Tindill, J.

New Haven J.D., at New Haven

Kaf v. Soliman

Husband who Allegedly Was Sexually Abusive at Greater Fault

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

FA14-4062659
Shluger, J.

New London J.D., at Norwich

Brown v. Brown

Husband in Willful Contempt for Failure to Pay College Tuition

A party's inability to obey an order could provide a good defense to a claim of contempt of court.

FA06-4104682
Hadden, J.

New London J.D., at New London

Rice v. Ryders Health Mgmt

Worker Prevailed on Wrongful Discharge and Emotional Distress

A court could reduce attorney fees as a result of partial success.

CV11-6008602 and CV13-6016915
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

O'Hara v. O'Hara

Litigant Ordered to Request Permission, Prior to Filing Motions

A court possessed the discretion to require that a litigant request permission, prior to filing a motion.

FA04-4001078
Jacobs, J.

Stamford/Norwalk J.D., at Stamford

R&W Staffing v. O'Hara

Staffing Company Alleged it Was Entitled to Conversion Fee

A company that provided temporary workers to individuals and companies could be entitled to a conversion fee, if the individual or company proceeded to hire the temporary worker as a permanent worker.

CV14-6023282
Adams, J.T.R.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. TD Bank

Plaintiff Alleged TD Bank Deprived it of Pick-Up Fees

Conduct that defied the reasonable expectations of the parties and deprived one party of the expected benefit of a bargain could violate the covenant of good faith and fair dealing.

CV10-6007649
Moukawsher, J.

New Haven J.D., at New Haven

Bonner v. City of New Haven

Cop's Breach-of-Contract Suit Against Conn. Judge Dismissed

The word "employee" in Connecticut General Statutes §52-57(b)(7) was restricted to current employees.

CV15-6058987
Wilson, J.

United States District Court

Pelletier v. Purdue Pharma

Worker Did Not Allege Sex Discrimination Based on Stereotyping

Title VII prohibited gender stereotyping based on gender norms and societal notions about how men or women should conduct themselves.

3:15cv233
Meyer, J.

United States District Court

UCF I Trust I v. DiMenna

$23 Million PJR Granted Based in Part on Theory of Unjust Enrichment

To prevail on unjust enrichment, plaintiff was required to prove defendants were unjustly enriched, defendants did not pay for the benefit and plaintiff was harmed by the failure to pay.

3:16cv156
Bolden, J.

United States District Court

MGM Resorts Int'l v. Malloy

MGM's Equal-Protection Suit Failed to Adequately Allege Injury

Article III required that the alleged injury be concrete, particularized, actual or imminent.

3:15cv1182
Thompson, J.

United States District Court

C-Tech of New Haven v. Univ. of Conn. Health Ctr.

Minority-Owned Company Failed to State an Equal-Protection Claim

To prevail on an equal-protection claim, plaintiffs were required to allege that similarly situated individuals or entities were treated differently.

3:15cv1058
Bryant, J.

Connecticut Supreme Court

The Indian Spring Land Co. v. Inland Wetlands and Watercourses Agency

Inland-Wetlands Lacked Jurisdiction Over Road Construction on Forest Land

A landowner who was engaged in "farming" activities could perform them as of right and was not required to obtain inlands-wetlands approval.

SC 19591
Espinosa, J.

Connecticut Supreme Court

McKeon v. Lennon

Stock Options Wrongly Excluded from Computation of Gross Income

Exercised stock options and restricted stock that vested should be considered part of gross income, for purposes of computing child support.

SC 19470
Zarella, J.

Connecticut Supreme Court

State v. Buhl

Facebook Posts Were Sufficient to Convict on Breach of Peace

An individual could be found guilty of second-degree breach of the peace if, with "intent to cause inconvenience, annoyance or alarm," the person publicly exhibited, distributed, posted or advertised any "offensive, indecent or abusive matter concerning any person."

SC 19412 and SC 19413
Robinson, J.

Connecticut Supreme Court

State v. Drakes

Forcible Collection of DNA Did Not Violate Double Jeopardy

The due process and personal liberty guarantees in the Connecticut Constitution have been interpreted to protect against double jeopardy.

SC 19247
Espinosa, J.

Connecticut Supreme Court

State v. Banks

Expansion of DNA Data Bank Law Did Not Violate Ex Post Facto Clause

A law could violate the Ex Post Facto Clause, if the law subsequently punished as a crime an act that was innocent when committed.

SC 19246
Espinosa, J.

Freedom of Information Commission

Paulsen v. Superintendent of Sch., Bethel Public Schools

School Reasonably Charged $20 to Use Smartphone to Photo Records

The Freedom of Information Act did not permit the use of smartphones to photo public records.

FIC 2015-663
Freedom of Information Commission

Freedom of Information Commission

Franklin v. Semple

DOC's Failure to Search for Old Record Technically Violated FOIA

A Catholic services roster that might prove that an inmate did not attend Catholic services qualified as a public record.

FIC 2015-586
Freedom of Information Commission

Freedom of Information Commission

Doody v. Chief, Police Dep't, Town of N. Branford

Arrest Warrant and Police Report Were Exempt from Disclosure

Connecticut General Statutes §1-210(b)(3)(H) provided an exemption for records of law enforcement agencies not otherwise available to the public, if requested records were compiled in connection with the detection or investigation of crime.

FIC 2015-815
Freedom of Information Commission

Compensation Review Board

Allen v. Conn. Transit

Conn. Transit Driver Falsely Claimed Chest Collided with Steering Wheel

A trial commissioner could credit a claimant's testimony, even if one aspect of the claimant's testimony was clearly false.

6036 CRB-3-15-9
Mastropietro, with Walker and Morelli

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Firefighter Allegedly Refused to Cooperate During Random Drug Test

A municipality could discharge a firefighter who allegedly refused to cooperate during a random drug test.

2015-A-0533
Toomey, Podurgiel and Hampton

Board of Labor Relations

City of New Haven v. Local 3144, Council 4, AFSCME, AFL-CIO

Union Proved City Harassed and Retaliated Against Union President

"Employees shall have . . . the right . . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion," pursuant to Connecticut General Statutes §7-468(a).

4898
Battey, Collins and Low

United States Court of Appeals for the Second Circuit

United States v. Cohan

Conn. Lawyer Alleged Government Materially Breached Loan Contract

The government was entitled to use adjusted gross income from the most recent year for which it possessed income information when it computed the payment owed on a promissory note.

15-2096-cv

United States Court of Appeals for the Second Circuit

Crenshaw v. City of New Haven

Prospective Firefighter Lacked Property Interest in Conditional Offer

To prove a violation of procedural due process under 42 United States Code §1983, a plaintiff was required to prove that he possessed a protected property interest.

15-3484-cv

Freedom of Information Commission

Congdon-Marr v. Lyons

Executive Session Held to Discuss Teacher Reassignments

A meeting in executive discussion to discuss the general reassignment of employees, or the policy of reassignment of employees, could violate the Freedom of Information Act.

FIC 2015-467
Freedom of Information Commission

Hartford J.D., at Hartford

Wild v. Cocivera

Kids Alleged Tortious Interference with Inheritance

Connecticut courts recognized a cause of action for tortious interference with an expected inheritance.

CV14-6050575
Noble, J.

Waterbury J.D., at Waterbury

Wilson v. Wilson

Wife to Pay $150 per Week Toward Child's College Tuition

A court could keep jurisdiction after a divorce for purposes of future college educational support.

FA10-4021347
Nastri, J.

New Haven J.D., at New Haven

Tribus v. Tribus

Italian Dad Won Permission to Travel with Child To Italy

A court could order the parties not to remove a minor child from the State of Connecticut without a court order.

FA16-6062219
Shluger, J.

New Haven J.D., at New Haven

Owens-Emenyonu v. Emenyonu

Wife of Nigerian Immigrant Awarded $100 Per Week

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

FA15-5035758
Shluger, J.

New Haven J.D., at New Haven

Hannon v. Hannon

Wife Was Caught Instructing Man to Beat up Ex-Husband

A court could modify alimony, if a party proved that a substantial change in circumstances took place.

FA11-4046681
Goodrow, J.

New Haven J.D., at New Haven

Rajeh v. Hamden Bd. of Educ.

Eighth-Grade Student Alleged Distress from Bullies at School

The Connecticut Constitution provided that minor children were entitled to a free and public education.

CV14-6049904
Fischer, J.

New Haven J.D., at New Haven

State v. Russell

50 Years for Sexual Assault of 4-Year-Old Child Affirmed

An individual who allegedly sexually assaulted a young child could be sentenced to 50 years in prison.

CR8-83588 and CR8-87222
Fischer, J., Alexander, J., and Ginocchio, J.

Hartford J.D., at Hartford (Juvenile Matters)

In re Charles

Guardian's Request for Juvenile's HIV/AIDs Test Denied

A juvenile court only possessed authority to order an HIV/AIDs test in the event that certain types of sexual abuse allegedly took place.

JV16-1030001
Gilligan, J.T.R.

New Britain J.D., at New Britain

Badeau v. Comm'r of Motor Vehicles

Driver who Failed Sobriety Tests Appealed License Suspension

A hearing officer could suspend the driver's license of an individual who allegedly drove while intoxicated and require the individual to maintain an ignition interlock device.

CV16-6031885
Schuman, J.

Waterbury J.D., at Waterbury

Odenwaelder v. Fingold

Plaintiff Won $72,317 PJR Against Friend He Helped

To prevail on unjust enrichment, plaintiff was required to prove: (1) defendant was benefitted; (2) defendant unjustly did not pay plaintiff for the benefit; and (3) defendant's failure to pay adversely affected plaintiff.

CV16-5017696
Brazzel-Massaro, J.

United States District Court

Cope v. Wal-Mart

African-American Wal-Mart Worker who Detained Suspect Was Fired

A worker who alleged that he was discharged in violation of public policy was required to establish a causal connection between the public policy concern and the discharge.

3:15cv1523
Haight, J.

United States District Court

Swinton v. Wright

Inmate Alleged Deliberate Indifference to Medical Need

Food allergies could constitute a serious medical need, if they prevented an inmate from receipt of a nutritionally adequate diet.

3:16cv659
Underhill, J.

United States District Court

Westport Resources Mgmt. v. DeLaura

Former COO Allegedly Violated Noncompete Agreement

A court could issue a temporary restraining order, to prevent a former worker from soliciting clients from his former employer, in violation of noncompete and nondisclosure agreements.

3:16cv873
Bolden, J.

United States District Court

Khedr v. IHOP Rest.

Muslim Wearing a Hijab Alleged Denial of Service

To prevail on a claim of racial discrimination in a place of public accommodation, in violation of 42 United States Code §2000a, plaintiffs were required to allege discriminatory motive.

3:16cv105
Meyer, J.

Connecticut Appellate Court

Mettler v. Mettler

Order to Pay for Child's Activities Was Ambiguous

A court could find a party in willful contempt of court, if the party willfully violated a clear and unambiguous court order.

AC 37844
Lavine, J.

Connecticut Appellate Court

Brochard v. Brochard

Former Wife Requested Written Authority to Modify Mortgage

A trial court could find a party in contempt of court, if the party did not comply with a clear and unambiguous order to provide written authorization to the other party to negotiate and modify the mortgage.

AC 37435
West, J.

Connecticut Appellate Court

Despres v. Comm'r of Correction

Petitioner Claimed Habeas Judge Presided Over Pretrial

A habeas judge was not required to recuse himself, sua sponte, because he previously presided over petitioner's pretrial proceedings.

AC 37566
Alvord, J.

Connecticut Appellate Court

Hayes Family v. Town of Glastonbury

Denial of Special Permit Did Not Result in Unconstitutional Taking

To prove finality, a property owner who alleged an unconstitutional taking must prove that the government entity would not permit any reasonable, alternative use of his property.

AC 37827
Alvord, J.

Connecticut Appellate Court

Hall v. Gulaid

Res Judicata Barred Claims by Plaintiff who Sued Wrong Defendant

Res judicata applied, if a final judgment on the merits by a court of competent jurisdiction barred a subsequent claim between the parties and their privies on claims that were actually made or that might have been made.

AC 37901
DiPentima, J.

Connecticut Supreme Court

People for the Ethical Treatment of Animals v. Freedom of Info. Comm'n

Order to Disclose Names of Animal Researchers Reversed

Public records could be exempt from disclosure, if reasonable grounds existed to believe that disclosure would result in a safety risk.

SC 19593 and 19594
Palmer, J.

Connecticut Supreme Court

State v. Sabato

Allegedly Defendant Threatened Potential Witness on Facebook

An individual was guilty of intimidating a witness if, believing that an official proceeding was about to be instituted, he used or threatened the use of physical force against a witness with intent to influence, delay or prevent the testimony.

SC 19406 and SC 19407
Palmer, J.

Freedom of Information Commission

Schoenhorn v. Chief, Police Dep't, City of Hartford

Police Withheld Records about Indecent Exposure Complaints

A public agency could withhold documents concerning minor witnesses and signed witness statements.

FIC 2015-653
Freedom of Information Commission

Compensation Review Board

Melendez v. Fresh Start Gen. Remodeling and Contracting

Part-Time, Temporary Worker Qualified as 'Employee'

The Workers' Compensation Act excluded from the definition of " employee" an individual "whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business."

6001 CRB-2-15-4
Mastropietro with Walker and Salerno

Board of Mediation and Arbitration

Town of Plymouth and AFSCME, Council 4, Local 1303-151

Plymouth Reduced Secretarial Jobs to Part-Time to Save Money

A collective bargaining contract could permit a municipality to reduce full-time jobs to part-time jobs, provided that the town subsequently negotiated with the union about benefits.

2016-A-0041
Culhane and Blum – Shay dissented

Board of Mediation and Arbitration

Pepsi Beverages Co. and Teamsters, Local 145

Pepsi Discharged Worker who Provided Out-of-Date Product

A collective bargaining contract could require that a company use progressive discipline that consisted of oral warnings, written warnings and suspensions, prior to discharge.

2016-A-0269
Massa and Sullivan – Sevas dissented

Board of Mediation and Arbitration

MDC and AFSCME, Council 4, Local 184

Employer Added Two Hourly Workers to 'On Call' Rotation

A management rights clause in a collective bargaining contract could permit the employer to assign " on call" work to employees.

2016-A-0273
Podurgiel and Webber – Shea dissented

United States Court of Appeals for the Second Circuit

Cedillo v. Lynch

Petitioner Move to Open and To Obtain Voluntary Departure

The Board of Immigration Appeals was allowed to engage in fact finding when ruling on a motion to open.

13-331

United States Court of Appeals for the Second Circuit

Dervishi v. Stamford Bd. of Educ.

Board of Ed Provided Free and Appropriate Public Education

The Individuals with Disabilities Education Act required that the government provide a free and appropriate public education to disabled children.

15-2798

New Haven J.D., at New Haven

Kapoor v. United Illuminating

No Evidence that UI Knew About Potential Public Nuisance

To prevail on absolute public nuisance, plaintiff was required to prove that defendant's intentional conduct caused the nuisance.

CV10-6014849
Fischer, J.

New Haven J.D., at New Haven

Castro v. MacDonald

Tow Operator Alleged Driver Who Crashed Created a Public Nuisance

To prevail on a claim of public nuisance, a plaintiff must prove that defendant's use of the land was unreasonable or unlawful.

CV14-6050225
Alander, J.

Windham J.D., at Putnam

Burgess v. Samokar

$309,453 Awarded to Alleged Victim of Third-Degree Assault

At a hearing in damages, a court could award economic damages for medical expenses and loss of wages, plus non-economic damages and punitive damages for a willful, wanton and reckless assault.

CV15-6009644
Calmar, J.

Stamford/Norwalk J.D., at Stamford

Asher v. Ray

Owner Alleged Tenant Assumed the Risk of Dangerous, Falling Trees

Although Connecticut General Statutes §52-572h abolished the defense of assumption of the risk in connection with negligence claims, it did not bar the special defense in connection with recklessness claims.

CV16-6027538
Lee, J.

Hartford J.D., at Hartford

Smith v. Fayngersh

Jury Awarded $146,672 to Driver who Allegedly Was Rear-Ended

A court could order a remitittur, if the verdict shocked the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption.

CV14-6050863
Wahla, J.

Fairfield J.D., at Bridgeport

Montefusco v. Town of Monroe

Driver Alleged Tree Warden Did Not Promptly Remove Rotten Tree

Allegations that a municipality maintained and controlled property that abutted a public highway and negligently failed to promptly remove a large, rotten tree were sufficient to state a claim for negligence.

CV15-6048658
Radcliffe, J.

Stamford/Norwalk J.D., at Stamford

Kellogg v. City of Norwalk

Public Notice on Proposed Development Found Defective

Substantial defects in the public notice of proposed actions by an administrative agency could deprive the agency of subject-matter jurisdiction.

CV15-5014630
Tobin, J.T.R.

New London J.D., at New London

Lafever v. Cambridge Mutual Fire Ins. Co.

Insurance Company's Adjuster Owned No Duty to Homeowners

An independent insurance adjuster hired by an insurance company did not owe a duty of care to the insured.

CV15-6023771
Vacchelli, J.

Fairfield J.D., at Bridgeport

Edelson v. Dubinsky

Mother's Motion to Relocate with Minor Child to New York Denied

A parent who filed a motion to relocate with a minor child might be required to prove that relocation was in the best interests of the minor child.

FA12-4040496
Owens, J.T.R.

Stamford/Norwalk J.D., at Stamford

Brody v. Brody

Hedge Fund Founder's Former Wife in Willful Contempt

A party who willfully violated a clear and unambiguous court order could be found in contempt of court.

FA08-4014434
Tindill, J.

Waterbury J.D., at Waterbury

Bermudez v. Laholli

Mom Did Not Prove Father of Child Presented Current Danger

A court could issue a protective order if the applicant established a "continuous threat of present physical pain or physical injury, stalking or a pattern of threatening."

FA16-4036503
Nastri, J.

Ansonia/Milford J.D., at Milford

Barneby v. New England Sch. of Montessori

Parents Alleged Nursery School Wrongly Expelled their Child

Connecticut did not recognize a cause of action for education malpractice.

CV15-6019330
Stevens, J.

Middletown J.D., at G.A. 9

State v. Grimes

Defendant Convicted of Violent Sex Assault to Register for Life

A registration requirement automatically was triggered when defendant was convicted for a sexually violent offense.

CR04-169970
Vitale, J.

Waterbury J.D., at Waterbury

State v. Ellis

55 Years for Teen who Allegedly Masterminded Shooting Affirmed

As a result of Public Act 15-84, juvenile offenders cannot be sentenced to life in prison, without the possibility of parole.

CR91-196561
Fasano, J.

New Haven J.D., at New Haven

Nat'l Coll. Student Loan Trust v. Caulker

Homeless Student Sought Debt Verification and Forbearance

15 United States Code §1692g of the federal Fair Debt Collection Practices Act did not include a time restriction for the creditor to validate debts.

CV15-6058389
Wilson, J.

United States District Court

Eberg v. United States Dep't of Def.

Female Vet Sought Records to Support Allegations of Harassment

To prevail on a motion for summary judgment in connection with a Freedom of Information Act complaint, the government must prove, beyond a material doubt, it conducted a search reasonably calculated to uncover all relevant documents.

3:14cv1696
Bolden, J.

United States District Court

Nastu v. Stamford Health Integrated Practices

Health Network Barred Patient who Made Doctor Fear for Safety

To establish an "injury in fact" for purposes of the Americans with Disabilities Act, plaintiff was required to prove that it was reasonable to infer that plaintiff intended to return to defendant in the future.

3:16cv292
Hall, J.

United States District Court

United States v. Bick

Jury Convicted Defendant of Money Laundering and Wire Fraud

A court could set aside the verdict and order a new trial to avert a miscarriage of justice.

3:15cr1
Meyer, J.

United States District Court

Springsted v. Valenti Motors

Plaintiffs Alleged Volkswagen Passat's Engine Was Not Adequate

Federal jurisdiction over a state-law claim existed, if the federal issue was necessarily raised, actually disputed, substantial and capable of resolution in federal court without disrupting federal-state balance.

3:16cv214
Arterton, J.

Connecticut Appellate Court

Disciplinary Counsel v. Williams

Decision to Suspend Attorney for 20 Days Reversed and Remanded

Provided that no denial of due process took place, a court could, for good cause, discipline and suspend an attorney.

AC 37319
Mullins, J.

Connecticut Appellate Court

Bristol Bd. of Educ. v. Bd. of Labor Relations

Board of Ed Member Did Not Recommend Approval of CBA

Grounds rules could require that members of a negotiating committee unanimously recommend approval of a tentative settlement agreement.

AC 37564
Alvord, J.

Connecticut Appellate Court

Washington v. Comm'r of Correction

No Proof Trial Counsel Did Not Provide Effective Assistance

An individual accused of committing crime had a Sixth Amendment right to effective assistance of counsel during plea negotiations.

AC 37420
Per Curiam

Connecticut Supreme Court

Reynolds v. Comm'r of Correction

Petitioner Who Shot Cop Claimed State Was Lenient to Co-Defendant

The decision to criminally charge an individual and the choice of which crime should be charged were within the discretion of the state.

SC 19071
Eveleigh, J.

Freedom of Information Commission

Shafer v. Chief, Police Dep't, Town of Stratford

ACLU Requested Copies of Police Records Concerning Drones

Connecticut General Statutes §1-210(b)(3)(E) provided an exception to disclosure of public records, if disclosure would result in the disclosure of law enforcement investigatory techniques.

FIC 2015-581
Freedom of Information Commission

Freedom of Information Commission

Mechare v. Downs

Discussion of Pay and Health Insurance Found Appropriate

The phrase "executive session—personnel matters" previously was found to be too vague to communicate to the public the business to be transacted at a meeting.

FIC 2015-534
Freedom of Information Commission

Freedom of Information Commission

Gandolfo v. Grove Beach Point Ass'n

Complainants Sought Info about Amendment to Charter

Each public agency shall make, keep and maintain a record of the proceedings of meetings, pursuant to Connecticut General Statutes §1-225(a).

FIC 2015-580
Freedom of Information Commission

Board of Mediation and Arbitration

City of Bridgeport and AFSCME, Council 4, Local 1159

Suspension for Harassing Civilian Reduced to 45 Days

Just cause required that discipline be reasonably related to the seriousness of an employee's offense and the employee's proven record of service to his employer.

2016-A-0071
Cain and Neary – Leverty dissented

United States District Court

United States v. Rowland

Ex Governor Helped to 'Falsify' Candidate's Campaign Records

To "falsify" meant to "represent falsely," to "misrepresent," or to "distort." A jury reasonably could have found that a former governor who arranged to receive pay from another source when he subsequently worked as a campaign consultant created or participated in the creation of documents that misrepresented or falsified his relationship with the candidate.

15-985
Carney, J.

United States Court of Appeals for the Second Circuit

Allen v. Verizon Wireless

Pro Se Plaintiffs Did Not File Amended Notice of Appeal

The Second Circuit could not construe a notice of appeal as contemplating review of a subsequent district court order.

15-2392-cv

United States Court of Appeals for the Second Circuit

Gold v. Harrington

Estate Attorney Did Not Adequately Document Time

A bankruptcy court could abuse its discretion, if: (1) the decision rested on an error of law, such as the use of the wrong legal principle; or (2) its decision could not be located within the range of permissible decisions.

15-2310

Waterbury J.D., at Waterbury

Jarjura v. City of Waterbury

Municipality Did Not Correctly Compute Amount of Square Feet

The taxpayer possessed the burden of proof that the municipality over assessed his property.

CV13-6019213
Sheedy, J.T.R.

Windham J.D., at Putnam

Corbin v. HSBC Bank USA

Plaintiffs Alleged Neighbor Negligently Kept Decaying Tree

A possessor of land was not legally responsible for physical harm that allegedly was caused to others outside of the possessor's land by a natural condition of the land.

CV15-6009704
Calmar, J.

Middlesex J.D., at Middletown

Sweeney v. Jarzbek

$150,000 Prejudgment Remedy Awarded for Alleged Sex Assault

A court could award a prejudgment remedy for an alleged sexual assault, if plaintiff established probable cause that she would prevail on the merits at trial.

CV16-5008760
Aurigemma, J.

Fairfield J.D., at Bridgeport

Kim v. Velez

Rear-Ended Plaintiff Did Not Prove Defendant Caused Accident

The fact that a collision took place did not create a rebuttable presumption of negligence and causation.

CV15-6049618
Kamp, J.

Waterbury J.D., at Waterbury

Avendano v. Brass Mill Center

Mall Claimed Saturn Driver's Negligence Was Superceding Cause

A superceding cause could be an act or wrongful conduct of a third person that prevented an actor from being legally responsible for harm.

CV14-6024332
Roraback, J.

New Britain J.D., at New Britain

Perrotta v. Hartford Hosp. d/b/a Jefferson House

Hospital Sought to Recover $77,803 in Litigation Costs

To prevail on an indemnification claim against a construction company, a third-party plaintiff was required to prove the construction company was negligent, its active negligence was the direct cause of the accident and it was in exclusive control.

CV12-6016449
Wiese, J.

Litchfield J.D., at Litchfield

Johnson v. Johnson

Landlord Requested Additional Damages for Use and Occupancy

A court could enforce a stipulation that stated that "compliance with this stipulation will represent a full settlement of claims arising from the defendant's occupancy."

CV15-4015494
Pickard, J.

Hartford J.D., at Hartford

Nationwide Gen. Ins. v. Colon

State Was Immune from Insurer's Subrogation Claims

Although Connecticut General Statutes §52-556 provided that any "person injured in person or property through the negligence of any state official or employee" when operating a motor vehicle "shall have a right of action against the state," the word "person" could be narrowly construed.

CV16-6065127
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Pritsker v. Keating

Police Possessed Probable Cause to Arrest Weston Attorney

Probable cause to arrest could provide defendants a complete defense to an arrestee's emotional-distress claim.

CV14-5014277
Lee, J.

New London J.D., at Norwich

White v. White

Disabled Wife Found at Greater Fault for Dissolution

A court could credit testimony that the marital relationship broke down because one party became intoxicated four to five times per week and withdrew money from a health savings account for nonmedical purposes.

FA14-4123960
Diana, J.

New Haven J.D., at New Haven

Rondina v. Leonard

Absent Disclosures, Prenuptial Agreement Was Not Enforceable

Defendant husband possessed the obligation to fully disclose the amount, character and value of his property, financial obligations and income before the parties signed a prenuptial agreement.

FA16-6060569
Goodrow, J.

Stamford/Norwalk J.D., at Stamford

Fiscella v. Fiscella

Disabled Wife Awarded $1,500 per Month and $50,000 Lump Sum

A court could award alimony based on a party's "significant health issues and her current inability to work outside the home."

FA15-5014521
Shay, J.T.R.

New Britain J.D., at New Britain

State v. Jacques

Murder Victim's Cell was Found in Defendant's Former Apartment

A warrantless search was not unreasonable, when a person with authority freely consented.

CR15-0128007
Jongbloed, J.

New Britain J.D., at New Britain

Lazzari v. Adm'r, Unemployment Comp. Act

Plaintiff Applied for Workers' and Unemployment Compensation

An individual who received workers' compensation benefits might not be eligible to simultaneously receive unemployment compensation.

CV15-5017048
Abrams, J.

Hartford J.D., at Hartford

State v. Williams

10 Years for Unlawful Restraint Was Not Disproportionate

An individual who was acquitted on charges of sexual assault and convicted on charges of unlawful restraint could be sentenced to 10 years in prison.

CR14-674998
Fischer, J., Hadden, J. and Ginocchio, J.

Stamford/Norwalk J.D., at Stamford

State v. McDowell

10 Years for Manslaughter with a Motor Vehicle Affirmed

An individual could be sentenced to 10 years for second-degree manslaughter with a motor vehicle, driving while under the influence and evasion.

CR14-182955 and M14-021666
Kahn, J., Alexander, J. and Ginocchio, J.

New Britain J.D., at New Britain

State v. Greene

Son Denied Intent to Harm Dad whose Neck he Cut with Knife

To prevail on a charge of first-degree manslaughter, the state was required to prove intent to cause serious physical injury.

CR15-0277334
Keegan, J.

New Haven J.D., at New Haven

Nolen-Hoeksema v. Maquet Cardiopulonary

Complaint Was Amended To Subtract, then Add Medical Claims

Common-law indemnification and contribution claims were governed by the statutes of limitations in Connecticut General Statutes §52-598a and 52-572o.

CV14-6049888
Frechette, J.

United States District Court

Brown v. Simpson

Defamation Claim Against Shipman & Goodwin Dismissed

Subject-matter jurisdiction could exist, if: (1) plaintiff alleged violations of federal law; or (2) the suit was between citizens of different states and the amount in controversy exceeded $75,000.

3:16cv781
Chatigny, J.

United States District Court

Smulley v. Webster Fin.

No Proof Judge Meyer Was Biased Against Pro Se Parties

A judge who was unable to decide a case fairly could be required to recuse himself.

3:15cv1383
Meyer, J.

United States District Court

Atlantic Cas. Ins. v. Robinson

Victim Allegedly Was Kicked, Doused with Gas and Set on Fire

The assault-and-battery exclusion in a commercial general liability insurance policy could prevent coverage for a deliberate assault.

3:15cv1631
Meyer, J.

United States District Court

Gilbert v. E.I. DuPont De Nemours

11th-Hour Request Barred in Paint Products-Liability Suit

Defendants in a product-liability case were entitled to 30 days in which to respond to requests to produce documents.

3:15cv988
Merriam, J.

United States District Court

Alston v. Delpeschio

Inmate Alleged Excessive Use of Force by Correction Officers

Use of a chemical agent or use of extremely tight shackles on an inmate could constitute excessive use of force.

3:12cv147
Haight, J.

Connecticut Appellate Court

Lewis v. Bowden

Putative Father Moved to Open 1982 Paternity Judgment

A default judgment of paternity could be set aside within four months, and the case reinstated, if a putative father established reasonable cause.

AC 37741
Per Curiam

Connecticut Appellate Court

Dunn v. Etzel

General Release Unambiguously Released Claims Against Co-Worker

Absent fraud, accident or mutual mistake, a court could enforce a general release that a worker signed.

AC 37492
Beach, J.

Connecticut Appellate Court

State v. Acker

No Proof Defendant Who Worked at Animal Shelter Violated Probation

To prevail in a probation revocation matter, the state must prove it was more probable than not that defendant violated a condition of probation.

AC 38285
Per Curiam

Connecticut Supreme Court

Cefaratti v. Aranow

Apparent Agency Applied in Medical-Malpractice Case

A hospital could be vicariously liable for the medical-malpractice of a doctor who performed surgery at the hospital, regardless of whether the doctor was an employee.

SC 19443
Rogers, J.

Connecticut Supreme Court

State v. Devon

1st Impression on Comfort Dog for Child Sexual Assault Victim

Connecticut General Statutes §54-86g(b), which enumerated the procedures to be used in child sexual assault cases, did not explicitly authorize use of a comfort dog during trial.

SC 19379
Zarella, J.

United States Court of Appeals for the Second Circuit

United States v. Ganias

En Banc Court Reversed on Admissibility of Tax Evidence

Army investigators and IRS agents acted reasonably when they obtained a search warrant to seize computer hard drives from an accountant, copied them to minimize disruption to the accountant's business, and obtained a second search warrant to search for evidence of tax evasion by the accountant.

12-240-cr
Livingston, J. and Lynch, J.

United States Court of Appeals for the Second Circuit

United States v. Russow

Defendant Received Lengthy Extension to File his Appeal

The district court could extend the time in which to file a notice of appeal, pursuant to Federal Rule of Appellate Procedure 4(b).

15-1768

United States Court of Appeals for the Second Circuit

United States v. Crespo

Defendant Protested Restitution to Victims who Bought Fake Art

The Mandatory Victims Restitution Act in 18 United States Code §3663A required that a court determine the amount of each victim's loss caused by a defendant's offense.

15-270, 15-2157

New Britain J.D., at New Britain

Lanier v. City of Stamford; Madan v. City of Stamford; Rath v. City of Stamford; Uva v. City of Stamford

Appraiser Did Not Consider Storms, Floods and Insurance

A municipal appraiser could be required to consider storms, floods and costs of insurance when calculating the fair market value of property.

CV14-6026505; CV14-6026506; CV14-6026507; CV14-6026508
Aronson, J.T.R.

Litchfield J.D., at Litchfield

Budney v. Town of New Hartford

$361,760 Waterfront Property Was Overassessed at $426,900

A court could consider the opinions of real estate appraisers and the sales of comparable properties when it decided whether the municipality overassessed waterfront property.

CV15-6012270
Pickard, J.

Waterbury J.D., at Waterbury

Ragunauth v. Bisaillon

Petitioner Alleged Ex-Boyfriend Sent Anonymous Text Messages

"Stalking" was defined as the offense of following an individual, often surreptitiously, to annoy or to harass or to commit an assault or battery.

FA16-4036486
Nastri, J.

New London J.D., at New London

Comm'r of Transp. v. Brown

DOT Underestimated Value of Taking for Niantic River Bridge

Damages from a partial taking via eminent domain could be computed as the fair market value of the property prior to the taking minus the fair market value of the property after the taking.

CV15-5014937
Devine, J.

New Haven J.D., at New Haven

Romero v. City of New Haven

6-Year-Old Child Going to International School Injured Hand

An exception to government immunity existed for identifiable individuals who were subjected to imminent harm.

CV13-6043218
Fischer, J.

Waterbury J.D., at Waterbury

Foster v. Foster v. Toyota Motor Sales

Owner Did Not Adequately Allege Toyota Had Exclusive Control

To prevail on an indemnity claim, defendant owner must prove that defendant manufacturer was in control to the exclusion of defendant owner.

X10-CV13-6028741
Dooley, J.

Stamford/Norwalk J.D., at Stamford

Pritsker v. Keating

Massachusetts Lawyer Did Not Prove Judge Lee Was Biased

Rule 2.11(a) required that a judge disqualify himself or herself, if the "judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding."

CV14-5014277
Lee, J.

Hartford J.D., at Hartford

Rashid v. Sarwat

Husband of Two Years Claimed that Wife Kept his 'Green' Card

A court could order that a wife return a "green" card to a former spouse, who moved to the United States after the marriage, provided that the "green" card remained in her possession.

FA15-5040511
Johnson, J.

Stamford/Norwalk J.D., at Stamford

Klabal v. Klabal

Husband in Contempt for Failure to Pay Alimony of $720,000/Year

A court could find a party in contempt of court as a result of his willful failure to obey an order that was clear and unambiguous.

FA10-4019034
Jacobs, J.

Hartford J.D., at Hartford

Fasulo v. HHC Physicianscare d/b/a Hartford Healthcare Med. Grp.

Healthcare Coordinator Failed to Maintain Regular Attendance

To prove a prima facie case of disability discrimination, plaintiff was required to establish she was able to perform essential job functions, with or without a reasonable accommodation.

CV14-6054624
Noble, J.

New London J.D., at New London

Scott v. Donovan

Plaintiff who Was 10 Percent Responsible Awarded $186,258

A jury could award economic damages for medical expenses and noneconomic damages, for pain and suffering, to a plaintiff who fell.

CV14-6020782
Devine, J.

New Haven J.D., at New Haven

Boone v. 210 Burwell Ave.

Visitor Who Tripped on Fence Pipe Post Awarded $35,000

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual who tripped and fell.

CV15-6053382
Zoarski, J.T.R.

Hartford J.D., at Hartford

State v. Young

22-Year-Old Won Sentence Reduction for Discharging Gun

The Sentence Review Division can reduce a sentence, if the original sentence was inappropriate or disproportionate.

CR11-655775
Fischer, J., Hadden, J., and Ginocchio, J.

Stamford/Norwalk J.D., at Stamford

State v. Lombardi

77-Year-Old Sought Sentence Reduction for Manslaughter

An individual who allegedly committed first-degree manslaughter with a firearm could be sentenced to 40 years in prison.

CR08-164501
Kahn, J., Alexander, J., and Ginocchio, J.

Stamford/Norwalk J.D., at Stamford

Law Offices of Frank N. Peluso v. Cotrone

Client Did Not Prove Rule 1.5(b) Provided Defense to Unpaid Fees

Rule 1.5(b) of the Rules of Professional Conduct required that a law firm submit a written communication concerning the costs of litigation and the scope of representation.

CV09-5011618
Heller, J.

United States District Court

Presumey v. Town of Greenwich

Injured Worker Did Not Prove Breach of Duty of Representation

If a labor union did not process a grievance, because the grievance lacked merit, the union did not breach the duty of fair representation.

3:15cv278
Martinez, J.

United States District Court

United States v. Stanley

Alleged Drug Consumption Did Not Make Confession Unknowing

A confession would not be voluntary, if obtained in circumstances that overbore the defendant's will.

3:16cr25
Underhill, J.

United States District Court

Anderson v. Metro-North Commuter R.R.

Plaintiff Sought to Offer Testimony from Defendant's Dr.

The balancing approach in Rule 403 provided that the court could exclude relevant evidence, if the risk of unfair prejudice was greater than the probative value.

3:14cv452
Arterton, J.

United States District Court

Vera v. Alstom Power

Long-Time Project Manager Won $650,345 and Reinstatement

A close temporal proximity between protected activity and an adverse employment action could give rise to an inference of retaliation.

3:12cv382
Bolden, J.

United States District Court

Medero v. Murphy Sec. Serv.

Security Supervisor Allegedly Refused to Sign Incorrect Form

To state a wrongful-discharge claim under Connecticut General Statutes §31-51a, a plaintiff must allege that he was discharged because he exercised his First Amendment rights and that his conduct did not substantially interfere with his bona fide job performance or his working relationship with his employer.

3:16cv47
Bryant, J.

United States District Court

United States v. Jenkins

Government Did Not Prove Tax Preparer Acted Willfully

To prevail on a claim that defendant tax preparer was guilty of the crime of assisting in the filing of a false tax return, in violation of 26 United States Code §7206, the government was required to prove that defendant's conduct was willful.

3:14cr1
Underhill, J.

United States District Court

Miller v. Bridgeport Police Dep't

African-American Attorney's Suit Barred by Limitations Period

Federal civil-rights claims were subject to Connecticut's three-year statute of limitations for personal-injury actions.

3:14cv689
Meyer, J.

United States District Court

Saliga v. Chemtura

Court Approved $450 Per Hour for Robinson+Cole Attorney

A court evaluating a request for attorney fees could perform a lodestar analysis and multiply reasonable hours spent by a reasonable hourly rate.

3:12cv832
Martinez, J.

Connecticut Appellate Court

Britto v. Britto

Trial Court Abused Discretion when it Disregarded Stipulation

A trial court could abuse its discretion, if the court disregarded the parties' stipulation, without informing the parties in advance and furnishing them the opportunity to present evidence.

AC 36973 and AC 37117
Alvord, J.

Connecticut Appellate Court

State v. Jordan

Defendant Was Not Eligible for Diversionary Program for Veterans

A diversionary program for veterans charged with criminal offenses was only available when the underlying crime was not considered serious.

AC 37654
Pellegrino, J.

Connecticut Appellate Court

State v. Chemlen

Defendant Falsely Promised to Repair Client's Credit Scores

The crime of larceny could include the use of false promises to obtain another individual's property.

AC 37429
Prescott, J.

Connecticut Appellate Court

State v. Tierinni

Defendant Waived Right to Object to Sidebar Conferences

Waiver constituted the voluntary relinquishment, express or implied, of a legal right.

AC 36903
DiPentima, J.

Connecticut Supreme Court

State v. Brawley

Defendant Claimed Shackles Violated Right to a Fair Trial

Generally, shackles would not be required during trial, unless a defendant constituted a flight to safety risk.

SC 19441
Palmer, J.

Board of Mediation and Arbitration

Town of Oxford and AFSCME, Council 15, Local 2693

Arbitrators Unanimously Reduced Suspension from 60 to 30 Days

A police officer who allegedly used inappropriate force and foul language could be suspended.

2014-A-0482
Weiner, Levery and Shea

Board of Labor Relations

In the Matter of: Council 4, AFSCME, AFL-CIO and City of New Haven

Deputy Corporation Counsel to Remain in Bargaining Unit

A statutory supervisor could be excluded from a bargaining unit of nonsupervisory workers.

4897
Battey and Collins

Board of Labor Relations

In the Matter of: City of New Haven and Elm City Local, Conn. Alliance of City Police

Union Protested Appointment of African-American Firefighter

Conditions for promotion to a position that was not within the collective bargaining unit were not a mandatory subject of collective bargaining between the union and the municipality.

4893
Battey, Low and Bird

United States Court of Appeals for the Second Circuit

Feitosa v. Lynch

Gay Brazilian Did Not Prove Likelihood of Future Persecution

To prove entitlement to relief on the grounds of future persecution, a petitioner who was gay could be required to prove a pattern or practice of persecuting or torturing men who were gay in his country of origin.

15-254

Waterbury J.D., at Waterbury

Garofalo v. Region 15, Bd. of Ed.

Genuine Issues in High School Student's Concussion in Gym Class

The standard to decide whether harm was imminent was whether it could be apparent to municipal officials that a dangerous condition was so likely to cause harm that they possessed a clear and unequivocal duty to act immediately to prevent harm.

CV14-6022287
Brazzel-Massaro, J.

New Haven J.D., at New Haven

Baca v. Ferriolo

Plaintiffs Alleged Continuing Danger from Chain Link Fence

To prevail on a claim of public nuisance, a plaintiff was required to prove: (1) the condition complained about had a natural tendency to create danger and to inflict injury on person or property; (2) the danger created was a continuing one; (3) the use of the land was unreasonable or unlawful; and (4) the existence of the nuisance was the proximate cause of the plaintiffs' injuries and damages.

CV15-6053943
Fischer, J.

Fairfield J.D., at Bridgeport

Velazquez v. State

Corrections Officer Alleged He Was Called 'Homo' and 'Fa----'

The Connecticut Superior Court might lack jurisdiction, if a plaintiff failed to exhaust administrative remedies for sexual orientation discrimination before the Connecticut Commission on Human Rights and Opportunities.

CV15-6051925
Wenzel, J.

New Britain J.D., at New Britain

Cusano v. Lajoie

Court Added $2,000 Additur To $3,320 Award for Car Accident

A court can award an additur, if the jury awarded plaintiff all of his medical expenses and did not award damages for pain and suffering.

CV15-6028699
Swienton, J.

New Haven J.D., at New Haven

University of New Haven v. Agosto

1st Impression on University's Collection of a Perkins Loan

An individual who borrowed money could be required to pay "reasonable collection costs," pursuant to 20 United States Code §1091a.

CV15-6057921
Fischer, J.

United States District Court

Allstate Ins. v. Essiam

Homeowners' Policy Did Not Provide Coverage to Social Hosts

A motor-vehicle exclusion that applied to the "use" of "any motor vehicle or trailer" applied to any motor vehicle, regardless of the owner's identity or relationship with the insured.

3:15cv180
Hall, J.

United States District Court

Rodriguez v. Colvin

Disabled Applicant Alleged ALJ Ignored Crucial Evidence

Remand can be appropriate, if an administrative judge did not explain his decision not to discuss physical restrictions that might lead to a conclusion that applicant was disabled.

3:13cv1195
Martinez, J.

United States District Court

Alston v. Pafumi

Health Records Could Prove Whether Assault Took Place

Evidence concerning an inmate's condition following an alleged assault could be relevant on the question of whether the alleged assault took place.

3:09cv1978
Bolden, J.

United States District Court

Rogers v. City of New Britain

African-American Found Stuffed Gorilla Dressed in his Clothes

An African American worker alleged that after he complained that he was called "my Ni--a" by a co-worker and that he received an unfavorable assignment more than his fair share of the time, he received negative evaluations, a request for sick leave was denied, and he found a stuffed gorilla dressed in his work clothes.

3:12cv1626
Underhill, J.

United States District Court

Cortes v. Armor-All Prot.

Telemarketers Alleged they Were Required to Work Saturdays

To plead a plausible FLSA claim, plaintiffs were required to provide sufficient detail about unpaid work to support a reasonable inference that they worked more than 40 hours per week.

3:15cv1788
Arterton, J.

United States District Court

United States v. Jones

Model Prisoner Completed Supervised Release Early

A court possessed discretion to end supervised release early, pursuant to 18 United States Code §3583(e)(1).

92cr39
Bolden, J.

United States District Court

Franco v. A Better Way Wholesale Autos

$400 per Hour Awarded to Attorney for TILA Litigation

A plaintiff who prevailed on a TILA claim was entitled to reasonable attorney fees, pursuant to 15 United States Code §1640(a), which included compensation for legal services of plaintiff's attorney and paralegal and did not include compensation for a legal assistant.

3:14cv422
Bryant, J.

Connecticut Appellate Court

Santarsiero v. Planning and Zoning Comm'n of the Town of Monroe

P&Z Found Natural Vegetation Provided a Sufficient Buffer

The Appellate Court could overturn the decision to grant a special exception to a zoning regulation that required a particular type of buffer, if the decision was arbitrary, illegal or an abuse of discretion.

AC 37813
Alvord, J.

Connecticut Appellate Court

Kearse v. Taylor

$2.8 Million Judgment Against Landlords Overturned on Appeal

Notice sent to the trustee appointed to protect the interests of clients of defendants' attorney was insufficient to provide notice to defendants.

AC 38031
Per Curiam

Connecticut Supreme Court

In re Oreoluwa

Adequate Efforts Were not Made to Reunify Father, Fragile Infant

The Department of Children and Families possessed the burden to prove, by clear and convincing evidence, it made reasonable efforts to reunify a Nigerian father and his medically fragile child, pursuant to Connecticut General Statutes §17a-112.

SC 19501
Eveleigh, J.

Connecticut Supreme Court

Hinds v. Comm'r of Correction

Defendant Was Entitled to New Trial on Kidnapping Charge

If reasonable jurors could have concluded that petitioner did not intend to restrain a victim for any purpose other than to commit a sexual assault, the trial court should have provided a Salamon instruction.

SC 19393 and 19394
McDonald, J.

Connecticut Supreme Court

State v. Peeler

Life in Prison for Defendant Sentenced to 2 Sentences of Death

The death penalty violated Article First, §8 and 9 of the Connecticut Constitution.

SC 18125
Per Curiam

Statewide Grievance Committee

Thornton v. Barry

Superior Court to Rule on Discipline for Suspended Lawyer

When more than one grievance complaint has been filed against an attorney, the various matters can be consolidated for a decision by the Connecticut Superior Court.

15-0673
Cousineau, Molinaro and Shugarts

Statewide Grievance Committee

Harrison v. Zeolla; Otero v. Zeolla; Neville v. Zeolla

Clients Alleged Attorney Ceased Working on Foreclosure Cases

An attorney who allegedly took little or no action on behalf of a client could be found to charge an excessive fee, in violation of Rule 1.5(a).

15-0296; 15-0369; 15-0450
Summa, Castillo and O'Sullivan

Statewide Grievance Committee

Coonan v. Annenberg

$17,750 Fee for Divorce Attorney Found Unreasonable

Rule 1.5(a) of the Rules of Professional Conduct provided, "A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses."

15-0449
Matthews, Summa and Golger

Statewide Grievance Committee

Bowler v. Elder

Lawyer Allegedly Paid Personal Expenses from IOLTA Account

Payment of personal expenses from an IOLTA funds account could violate Rule 1.15 of the Rules of Professional Conduct.

15-0270
Goulden and Sansone

Statewide Grievance Committee

Alcorn v. Voytek

Bridgeport Attorney Admitted that he Filed a Frivolous Action

Rule 3.1 of the Rules of Professional Conduct provided, "A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law."

15-0353
Goulden and Slossberg

Department of Energy and Environmental Protection

In the Matter of: Silver Sands State Park

Silver Sands Boardwalk Application Won Approval

The Coastal Management Act encouraged public access to the waters of Long Island Sound, provided that proposed construction activities did not involve dredging or filling, were elevated on low-impact pile, did not interfere with navigation and did not restrict tidal circulation.

201500185
Collette, Hearing Officer

Citizen's Ethics Advisory Board

Advisory Opinion 2016-2

Revolving-Door Provision Barred Acceptance of New Job

The "revolving door" statute provided that no former quasi-public agency public official could, for one year after departure from state service, represent anyone, other than the state, for compensation before the agency concerning any matter in which the state had a substantial interest.

2016-2
Chiusano, Chair

Board of Mediation and Arbitration

City of Stamford and AFSCME, Council 4, Local 2657

Worker Requested Additional Pay for Working During Emergencies

A collection bargaining contract could require a worker to file a grievance complaint within 10 working days of the time that action was taken or the dispute arose.

2015-A-0398
Brown, Diaz and Mandell

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

Worker Sought Higher Pay for Working out of Job Classification

A collective bargaining contract provided that employees required to perform jobs in a higher job classification than their normal job classification should be paid at the rate of the higher classification.

2015-A-0345
O'Connell, McMahon and Alfonso

United States Court of Appeals for the Second Circuit

Edro Corp. v. Nat'l Labor Relations Bd.

Worker Fired Because of Union Activities Won Reinstatement

An employer that discharged a worker because of his union activities could violate Section 8(a)(3) of the National Labor Relations Act.

15-1451 and 15-1760

Stamford/Norwalk J.D., at Stamford

Grant v. Drew

Child Won $18,000 Prejudgment Remedy Against Former Executor

Allegations that defendant executor of plaintiff's mother's estate evicted plaintiff from her mother's former home—when the eviction was not a required component of the estate administration and the estate was not insolvent—were sufficient to allege a claim for breach of fiduciary duty.

CV14-6023952
Genuario, J.

Hartford J.D., at Hartford

Mauldin v. Leblanc

Plaintiff Was in Many Prior Motor-Vehicle Accidents

The jury reasonably could have concluded that because plaintiff was involved in many prior accident—one of which took place the previous month—defendant was not responsible for plaintiff's injuries.

CV13-6046701
Huddleston, J.

New Haven J.D., at New Haven

State v. Johnson

1st Impression on Partially Recorded Confession to Police

Connecticut law provided the presumption of inadmissibility, if a person who was accused of a Class B felony provided a police statement, unless a tape was made of the custodial interrogation and the tape was substantially accurate.

CR15-0281583
Blue, J.

New Britain J.D., at New Britain

Cyr v. Weber

Defense Expert Opined Injured Plaintiff's Story Was Inaccurate

An expert witness must possess special knowledge, or skills not common to the average individual, that would be helpful to the finder of fact.

CV14-6023538
Wiese, J.

New Britain J.D., at New Britain

Companions and Homemakers v. Adm'r, Unemployment Comp. Act

Employer Discharged Worker Who E-Mailed Memo to Herself

To prove that an individual was discharged for a knowing violation of a company rule or policy, the employer must prove it uniformly enforced the rule, so that similarly situated workers were treated in a similar manner.

CV15-5016994
Tanzer, J.T.R.

Waterbury J.D., at Waterbury

Kee v. Rocchi

Driver Struck by Street Sweeper that Lacked Mirror Awarded $6,544

A court could award economic damages for medical expenses and non-economic damages for pain and suffering to an individual injured in a motor-vehicle accident.

CV15-6026781
Sheedy, J.T.R.

Windham J.D., at Putnam

Jurgelewicz v. Macy

Estate Awarded $5.6 Million for Sexual Assaults at Group Home

Plaintiff estate was entitled to damages, because defendant, a worker at a group home for disabled adults, allegedly admitted that he sexually assaulted plaintiff's ward for eight years.

CV13-6007652
Calmar, J.

Tolland J.D., at Somers

Darazs v. Warden

Inmate Allegedly Refused Command During 'Code Blue' Alert

To meet due-process requirements in the inmate discipline context, prison officials need only engage in an informal, nonadversary review of an inmate's disciplinary report.

CV14-4006252
Sferrazza, J.

Fairfield J.D., at Bridgeport

Jolen Inc. v. Brodie & Stone

Manufacturer Alleged Distributor Engaged in Deceptive Practices

Allegations that the parties' business relationship had lasted decades, that defendants misrepresented warehousing and shipping costs, and that defendants' misrepresentations were material, were sufficient to allege defendants violated the Connecticut Unfair Trade Practices Act.

CV15-6053151
Kamp, J.

New Britain J.D., at New Britain

Tyrol-Bagcal v. Conn. Dep't of Dev. Serv.

Nurse Denied Neglecting Patient Injured by Hot Coffee

Allowing an individual found by the commissioner of the Department of Developmental Services to have committed abuse or neglect to keep her name off the abuse-and- neglect registry until the appeal was decided was against the public's interest.

CV16-0632261
Abrams, J.

Unites States District Court

Mirto v. Aetna Life Ins. Co.

Nurse Who Injured Knee and Back Sought Disability Benefits

As a result of the treating surgeon's conclusion that plaintiff was disabled, the lack of peer-to-peer review, and reliance on an ambiguous third-party report of the treating doctor's medical opinion, defendant Aetna Life Insurance Company's conclusion that plaintiff was capable of working full time was not based on adequate evidence.

3:14cv1640
Eginton, J.

Unites States District Court

Cosby v. Erfe

Inmate Alleged Prison Diet Violated Rights as Buddhist

To obtain an award of damages against supervisory prison officials, a civil-rights plaintiff must prove that prison supervisors were involved personally in the alleged constitutional deprivation.

3:15cv161
Squatrito, J.

Unites States District Court

Barcomb v. Kraeger

Homeless Woman Alleged Excessive Use of Force by Cops

When the underlying crime was indisputably slight, reasonable jurors could find that a homeless woman neither posed an immediate threat to police officers nor actively resisted or attempted to evade arrest.

3:14cv1159
Arterton, J.

Unites States Bankruptcy Court

Law Office of W. Martyn Philpot v. Day

Law Firm Claimed Divorce Client Never Intended to Pay

Defendant debtor's payment of an initial retainer and two subsequent checks to his law firm indicated that he intended to pay for legal services.

14-03031
Manning, J.

Connecticut Appellate Court

Warren v. Cuseo Family LLC

Estate Executor Sought to Wind up Decedent's Company

Estate executors can be expected to gather the personal property of the decedent and to administer that property for the benefit of the beneficiaries.

AC 37239
Lavine, J.

Connecticut Appellate Court

In re Natalie

Mom Wanted to Reunify with Child After Father Gained Custody

The trial court's decision to award custody and guardianship to the biological father led to the cessation of efforts to reunify respondent mother and the minor child.

AC 38655
Bear, J.

Connecticut Appellate Court

Ridgaway v. Mount Vernon Fire Ins.

Sanction for Failure to Follow Court Order Was Disproportionate

When considering sanctions, because a party did not comply with a court order, (1) the order to be complied with must be reasonably clear; (2) the record must establish the order was in fact violated; and (3) the sanction must be proportional to the violation.

AC 37511
Sheldon, J.

Connecticut Supreme Court

Pikula v. Dep't of Soc. Serv.

Applicant's Father Intended to Create Supplemental Needs Trust

Only assets actually available can be considered when ruling on eligibility for Medicaid.

SC 19533
Eveleigh, J.

State Elections Enforcement Commission

Complaint by: McCall

Clerk Named Candidates with 1st, 2nd and 4th Highest Votes to BOE

As a result of state laws governing minority representation on municipal boards and commission, a clerk correctly named the top two candidates with the most votes from one party to the board of education, as well as the candidate with the most votes from the other party. Complaint dismissed.

2015-166
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Hatch

Board of Finance Candidate Served as Own Campaign Treasurer

Connecticut General Statutes §9-606(d) barred an individual from serving as his own campaign treasurer when running for election to public office.

2015-152
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Feeley

Restaurant Charged Reduced Rate for Mayoral Fundraiser

Connecticut General Statutes §9-613 barred business entities from making contributions to candidate committees.

2015-116
Castagno, Chair

United States Court of Appeals for the Second Circuit

Whitnum v. Town of Greenwich

Plaintiff Failed To Prove Judge Stefan Underhill Was Biased

Allegations that a district judge was biased because of his "unique family background" lacked substance and were unmerited.

15-2212cv

United States Court of Appeals for the Second Circuit

Int'l Info. Sys. Sec. Certification Consortium v. Sec. University

'Nominative Fair Use' Test Was Not an Affirmative Defense

The pertinent question in a trademark case was whether a likelihood existed that ordinarily prudent purchasers were likely to be misled about the source of the goods or confused about plaintiff's sponsorship of the junior mark.

14-3456-cv

United States Court of Appeals for the Second Circuit

Simmonds v. Lynch

Jamaican Convicted of Second-Degree Murder Ordered Deported

Section 602(d) of the Immigration Act of 1990 provided that removal for an aggravated felony based on a pre-1988 conviction was allowed.

14-4472

United States Court of Appeals for the Second Circuit

Hossen v. Lynch

Testimony about Being Knocked Unconscious Was Inconsistent

An immigration judge can find that a petitioner was not credible, as a result of inconsistencies between his written claims and testimony.

15-780

United States Court of Appeals for the Second Circuit

Elliott v. City of Hartford

Mom Did Not Prove Chief of Police Knew about Threats

To prevail on a Monell claim, plaintiff was required to prove personal involvement of individual, supervisory defendants.

14-3633-cv
Per Curiam

United States Court of Appeals for the Second Circuit

United States v. Mazza

Defendant Requested Sentence Reduction from 168 to 108 Months

Conduct after sentencing could provide grounds to deny a sentence reduction. Because the record was insufficient for the Second Circuit to engage in meaningful appellate review, the court vacated and remanded for additional fact finding on defendant's prison infractions.

15-2394

United States Court of Appeals for the Second Circuit

Bak v. Metro-North R.R. Co.

Defense Used Peremptory Strike To Remove African-American Actor

When ruling on a Batson challenge, the district court was required to indicate whether the proffered reason for a peremptory strike was credible.

15-1963cv

United States Court of Appeals for the Second Circuit

Commercial Union Ins. Co. v. Lord

Appeal Did Not Adequately Allege Fraud upon the Court

A motion to vacate for fraud upon the court was not subject to Fed. R. Civ. P. 60's one-year limitation.

15-769cv, 15-913-cv

Hartford J.D., at Hartford

Blue v. Dye House Assoc.

Estates Claimed Owner Did Not Provide Adequate Security

Plaintiffs did not allege that an unauthorized intruder, visitor or trespasser killed plaintiffs' decedents, and the court dismissed claims that the owner and property manager should have excluded and barred the alleged perpetrator, to prevent him from entering the property.

CV14-6055943
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Mafcote Inc. v. Paschalidis

Neighbor Won Damages of $39,226 for Inadvertent Trespass

To prevail on trespass, plaintiff was required to prove: (1) plaintiff owned an interest in property; (2) defendant invaded, intruded of entered the property; (3) defendant's conduct was intentional; and (4) defendant's conduct caused direct injury.

CV13-6017862
Heller, J.

New Haven J.D., at New Haven

McFarline v. Mickens

Plaintiff Alleged Growing Grass Concealed Meriden Sidewalk Defect

The "positive act" exception to a rule that exonerated abutting property owners from liability for defective sidewalks did not apply to growing grass.

CV15-6052207
Blue, J.

New Haven J.D., at New Haven

McCarroll v. City of East Haven

Highest Rung on Playscape Ladder Allegedly Had Loose Bolt

An exception to government immunity that existed for an identifiable victim of imminent harm did not apply if a rung on the ladder of a public school playscape had a loose bolt.

CV14-6044518
Fischer, J.

Fairfield J.D., at Bridgeport

Boykin v. State

Plaintiff Alleged Bridgeport Pedestrian Cross Walk Was Unsafe

A plaintiff who filed a negligence complaint against the Connecticut Department of Transportation was required to provide notice of the time, place and cause of the accident within 90 days.

CV15-6053419
Wenzel, J.

New London J.D., at New London

Deangelis v. Law Office of Nicholas Cardwell

Nicholas Cardwell's Client Filed Second Legal-Malpractice Claim

Res judicata could be an absolute bar to a subsequent action for legal malpractice, if the identical cause of action previously was adjudicated on the merits.

CV15-5014942
Devine, J.

New Britain J.D., at New Britain

Brantley v. Donofrio

Motion to Disqualify Raised Issue of Apparent 1st Impression

Rule 1.9 of the Rules of Professional Conduct provided in pertinent part, "A lawyer who has formerly represented a client in a matter shall not thereafter: (a) Represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client. . . ." Plaintiffs Samantha and Gabriella Brantley filed a complaint against Pilar Brantley and Edward Donofrio.

CV12-6017910
Abrams, J.

Fairfield J.D., at Bridgeport

Forest v. Millien

Suit Against Hospital Sounded in Ordinary Negligence

A plaintiff who filed a complaint against a hospital for negligent supervision and administration was not required to provide a written opinion from a similar healthcare provider, pursuant to Connecticut General Statutes §52-190a.

CV15-6053441
Bellis, J.

Hartford J.D., at Hartford

Cohen v. Office of the Probate Court Admin.

Former Judicial Branch Worker Sought to Keep Records Private

A former state employee who allegedly was referred to discipline and was discharged was not entitled to prevent the state from disclosing confidential personnel files and records.

Robaina, J.
Robaina, J.

Stamford/Norwalk J.D., at Stamford

Wolf v. Wolf

Wife Alleged Husband Gave Child a Check for Child Support

A court found a husband in contempt of court and ordered that he pay $1,000 toward the wife's attorney fees, because he allegedly bypassed the wife and paid child support directly to the parties' child.

FA13-4024791
Colin, J.

Stamford/Norwalk J.D., at Stamford

Van Pelt v. Van Pelt

Husband Asked Court to Impute Higher Earning Capacity

A court rejected the husband's claim that the wife was capable of earning several hundred thousand dollars per year and found that the wife's earning capacity was $60,000 gross per year.

FA14-4027431
Colin, J.

New Haven J.D., at New Haven

Sapienza v. Sapienza

Father Requested Additional Visitation with Minor Child

Allegations that the father obtained his own residence and steady employment and re-established his relationship with the minor child were sufficient to allege a substantial change in circumstances for purposes of a motion to modify custody and visitation.

FA12-4050233
Shluger, J.

Waterbury J.D., at Waterbury

Waterbury Republican Town Comm. v. Ciochetti

Aldermen in Waterbury Changed Party Affiliations

A political dispute about whether the composition of the board of aldermen violated the city charter became moot when the terms of the aldermen ended.

CV15-6028189
Brazzel-Massaro, J.

Fairfield J.D., at Bridgeport

[Iamartino] v. Liberty Mut. Fire Ins.

$150,886 Award to Police Officer Failed to Shock Court's Conscience

A jury's decision to award $150,886 to a police officer, which included $133,000 because he retired early as a result of the injuries sustained in a motor-vehicle accident, failed to shock the court's conscience.

CV14-6045100
Rush, J.T.R.

Hartford J.D., at Hartford

Bellantuono v. Windham Rt. 6 Partners LLC

Judicial Marshal who Fell in Parking Lot Awarded $56,980

A court can award economic damages, for medical expenses and loss of wages, and noneconomic damages, for pain and suffering, to an individual who slipped and fell on snow when he took his first step.

CV14-6050749
Peck, J.

New Britain J.D., at New Britain

State v. Carter

60 Years for Stabbing on Valentine's Day Affirmed

An individual who allegedly had a history of domestic violence and who violated a restraining order and stabbed his former girlfriend several times on Valentine's Day could be sentenced to 60 years in prison.

CR09-0040912
Kahn, J., Alexander, J., and Ginocchio, J.

Ansonia/Milford J.D., at Milford

Millo v. Sabo

Defendant Denied He Authorized Attorney To Settle with Plaintiff

A trial court possessed the power to enforce a settlement agreement.

CV14-6017208
Stevens, J.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. Scharf

Sales Worker Allegedly Breached $50,000 Agreement Not to Compete

A worker who allegedly agreed to refrain from soliciting clients of his former employer, in return for $50,000, was ordered to pay back the $50,000, plus reasonable attorney fees.

X07-CV12-6034817
Moukawsher, J.

United States District Court

Pitterman v. Gen. Motors

Expert Estimated Economic Loss at $1.2 to $1.4 Million

An economic expert possessed sufficient expertise to testify in a products-liability case about the economic loss that resulted because a female, 8-year-old child who passed away.

3:14cv967
Hall, J.

United States District Court

Warner v. Mejia

Estranged Husband Sued Social Worker for False Imprisonment

A reasonable jury could not find that defendant social worker restrained plaintiff's physical liberty, as required for plaintiff to prevail on a false imprisonment claim.

3:14cv1968
Hall, J.

United States District Court

Taurus Cafe v. Esserman

Bar Claimed New Haven Police Exceeded Scope of Search Warrant

A New Haven bar did not prove that police who seized a computer mouse and DVR instructional manual exceeded the scope of a search warrant that permitted the seizure of the "hard drive video/data storage system for the Taurus Cafe[s] video security system."

3:14cv715
Meyer, J.

United States District Court

Gaul v. City of New Haven

$53,525 in Fees Awarded in Age Discrimination Case

A party who prevailed on an age discrimination complaint was entitled to attorney fees, and the court awarded fees for time spent traveling to and from the courthouse at 100 percent.

3:14cv558
Meyer, J.

Connecticut Appellate Court

Axela New Britain Grp. LLC v. LHPB Realty LLC

Expiration of Condition Ended Restrictive Covenant

A restricted covenant expired when a discount department store was no longer occupied as a discount department store.

AC 37723
Pellegrino, J.

Connecticut Appellate Court

Miller v. Kiss

Pro Se Alleged Superior Court Judge Bellis Was Biased

A pro se plaintiff failed to prove that a trial judge was biased and that he suffered prejudice as a result.

AC 37702
Per Curiam

Connecticut Appellate Court

Vt. Mut. Ins. v. Fern

Boiler Installer Denied that He Owed Duty to Homeowner

A tradesman who allegedly engaged in specialized work, failed to take necessary precautions and failed to follow applicable law and regulations, breached his duty of care to the homeowner.

AC 37771
Bear, J.

Connecticut Supreme Court

Styslinger v. Brewster Park

Assignee Requested that Court Wind Up Limited Liability Company

Plaintiff lacked standing as an assignee to request that the Superior Court wind up a limited liability company in the absence of a corporation dissolution.

SC 19489
Vertefeuille, J.

Connecticut Supreme Court

State v. Smith

Quarles Public Safety Exception Applied to Initial Confession

Public safety gave rise to an exception to the rule that Miranda warnings be given prior to a custodial interrogation.

SC 19322
Rogers, C.J.

State Elections Enforcement Commission

Complaint by: Banisch

1st Impression on Nonprofit Postal Rate for Senate Campaign

A state party committee wrongly used the nonprofit postal rate when it helped a senate candidate committee to pay for campaign mailers.

2014-147
Castagno, Chair

Freedom of Information Commission

Spatola v. Superintendent of Sch., New Milford Public Sch.

New Milford Teacher Ratings Qualified As 'Public Records'

Records that indicated teacher ratings in a particular municipality, without identifying individual teachers and schools, qualified as "public records."

FIC 2015-453
Freedom of Information Commission

Freedom of Information Commission

Drew v. Comm'r, State of Conn., Dep't of Emergency Serv. and Public Protection

Child Requested Records Concerning Dad's Disappearance

Records that were withheld because disclosure would be an invasion of personal privacy should have been disclosed, unless they were medical records.

FIC 2015-318
Freedom of Information Commission

Commission on Human Rights and Opportunities

Comm'n on Human Rights and Opportunities ex rel. Lauray v. City Hall Cafe

African-American Cook Alleged his Discharge Was Racially Motivated

The Commission on Human Rights and Opportunities awarded compensatory damages for emotional distress to a cook who proved that he suffered profound distress and sought psychiatric counseling as a result of alleged racial discrimination.

1530333
Wright, Presiding Human Rights Referee

United States Court of Appeals for the Second Circuit

Am. Psychiatric Ass'n v. Anthem Health Plans

Doctors' Discrimination Claims Against Health Insurers Dismissed

Doctors were not permitted to stand in the shoes of patients and lacked standing to sue health-insurance companies for alleged discrimination against patients who suffered from mental health and substance abuse disorders.

14-3993-cv
Walker, J.

United States District Court

Walsh v. Colvin

Benefits Denied to Plaintiff with Dependent Personality Disorder

The symptoms described in doctor's diagnoses were consistent with the severity of symptoms that plaintiff described, and the court remanded to ensure that the administrative law judge received the entire medical record.

3:14cv687
Meyer, J.

Connecticut Appellate Court

H-K Properties v. Town of Mansfield Planning and Zoning Comm'n

Appeal of Zoning Decision on Mansfield Mall Was Not Timely

Plaintiff neighbor did not file an appeal of a zoning decision within 15 days of the date on which the local newspaper published notice of the planning and zoning commission's decision, and the extended one-year appeal period in Connecticut General Statutes §8-8(r) did not apply.

AC 37069
Prescott, J.

Connecticut Appellate Court

Lawrence v. Cords

Husband Protested Renewed Order to Pay Wife $246,000

Although the trial court was not permitted to modify the division of property, after the dissolution became final, it was allowed to fashion an appropriate remedy to effectuate the judgment.

AC 37323
Prescott, J.

Connecticut Supreme Court

Izzarelli v. R.J. Reynolds Tobacco

Modified Consumer Expectation Test Applied in Tobacco Suit

The "modified consumer expectation" test constituted the default test for product-liability design-defect claims.

SC 19232
McDonald, J.

Connecticut Supreme Court

State v. King

Assault with Steak Knife Was Both Intentional and Reckless

The jury reasonably could have found that defendant was guilty of both reckless assault and intentional assault.

SC 19339
Espinosa, J.

Connecticut Supreme Court

Costello v. Goldstein and Peck

Court Did Not Offer Plaintiffs an Opportunity to File a Bond

A trial court abused its discretion, because it did not permit plaintiffs to file a bond, prior to dismissing a complaint based on a defective writ of summons.

SC 19475
McDonald, J.

Freedom of Information Commission

Tarone v. Dir., Office of Student Fin. Aid Serv.

UConn Promptly Responded to Request within 48 Days

Respondents who provided "public records" about athletic scholarships at the University of Connecticut within 48 days of complainant's request provided the records "promptly."

2015-319
Freedom of Information Commission

Freedom of Information Commission

Shahid v. Comm'r, State of Conn., Dep't of Correction

Inmate Allegedly Talked Over FOIC Hearing Officer at Hearing

Because a complainant talked over the hearing officer at a Freedom of Information Commission hearing, and refused to comply with the hearing officer's directions about the conduct of the hearing, the commission dismissed the complaint.

2015-310
Freedom of Information Commission

Freedom of Information Commission

Alston v. Comm'r, State of Conn., Dep't of Correction

Security Risk Group Form that Inmate Requested Did Not Exist

A public agency was not required to produce a copy of a form that did not exist.

2015-510
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

United States v. Memoli

Defendant Disputed Admissibility of Pre-Arrest Statement to FBI

When ruling on admissibility, a court may consider whether: (1) the evidence was offered for a proper purpose; (2) it was relevant to a material issue in dispute; (3) its prejudicial effect was greater than the probative value; and (4) the trial court provided an appropriate, limiting instruction, if requested.

15-1657-cr

United States Court of Appeals for the Second Circuit

United States v. Jackson

Defendant Protested Lack of Competency Hearing

A failure to conduct a full competency hearing did not provide grounds for reversal, if defendant appeared competent at a court hearing.

15-195-cr

United States Court of Appeals for the Second Circuit

Morales v. United States

Petitioner Was Not Present When Judge Made Sentencing Offer

Counsel's failure to raise petitioner's Fifth Amendment right to be present at all critical stages of his criminal proceedings constituted ineffective assistance.

15-243-cv

Hartford J.D., at Hartford

Bobo v. Jack Family Trust

Trust Claimed it Was Not a Legal Entity that Could be Sued

Plaintiff's misjoinder of a trust as a defendant in a negligence case constituted a defect that was curable and that did not deprive the court of subject-matter jurisdiction.

CV15-6058346
Huddleston, J.

Hartford J.D., at Hartford

Estate of Modlesky v. Finklestein

Negligent Entrustment Count Against Father Stricken

A negligent entrustment count that failed to allege which minor was entrusted with a Honda Pilot motor vehicle was legally insufficient.

CV15-6060756
Huddleston, J.

Middlesex J.D., at Middletown

The Yard Group Landscaping v. The River Highlands Homeowners Assoc.

Condominium's Landscaper Filed Mechanic's Lien for Unpaid Fees

Services that a landscaper provided did not qualify as an improvement to the property, for purposes of Connecticut General Statutes §49-33.

CV16-6015117
Aurigemma, J.

Hartford J.D., at Hartford

Amica Mut. Ins. v. Watts Water Tech.

Misuse-of-Product Special Defense Was Legally Insufficient

To state a legally sufficient special defense that plaintiff or its insured misused the product, defendants in a product-liability action were required to allege: (1) that the product was misused; (2) that the misuse was not foreseeable; and (3) that the misuse proximately caused plaintiff's injuries.

CV15-6062209
Scholl, J.

Waterbury J.D., at Waterbury

Parker v. Stadalink

Genuine Issue on Identifiable Person-Imminent Harm Exception

A genuine issue of material fact existed concerning whether a driver who stopped at a traffic light and was rear-ended by a police officer in pursuit of another motor vehicle qualified for the identifiable person, imminent harm exception to government immunity.

CV13-6020769
Brazzel-Massaro, J.

New Haven J.D., at New Haven

Hauer v. Dietz

Driver who Allegedly Made Illegal U-Turn Not Reckless

Allegations that defendant made an illegal U-turn without any signal or warning were insufficient to allege a claim for common-law recklessness.

CV15-6057481
Lager, J.

Stamford/Norwalk J.D., at Stamford

Schwoerer v. Schwoerer

Husband Lost NY Times Job that Paid $293,000 Per Year

A husband proved that a substantial change in circumstances took place when he lost his job and received unemployment compensation.

FA14-4026916
Jacobs, J.

Ansonia/Milford J.D., at Milford

Gifford v. Gifford

Court Possessed Jurisdiction Over a Motion to Return Child

In a case in which the minor children moved frequently after a divorce and did not remain anywhere for six months, a Connecticut court concluded it possessed jurisdiction over a motion to return a minor child, because the children attended Connecticut public schools after the divorce, and one of the children played football.

FA16-4021750
Malone, J.T.R.

Hartford J.D., at Hartford

Sawczysyn v. Coyne

Novice Fell When Riding Horse that Had Just Arrived

Genuine issues of material fact concerning causation barred judgment on a complaint alleging that defendants provided a novice rider with a horse that had recently arrived at the stables and was unfamiliar with its new environment.

CV14-6050490
Scholl, J.

New Haven J.D., at New Haven

Maccalla v. Am. Med. Response

Former Ambulance Workers Alleged Discharge Violated CUTPA

The employer-employee relationship did not fall within the definition of "trade or commerce" for purposes of a cause of action under the Connecticut Unfair Trade Practices Act.

CV13-6035009
Fischer, J.

Hartford J.D., at Hartford

Oyola v. Piolin

Passenger of Drunk Driver Won $140,041 in Dram Shop Case

A court rejected defendants' claims that the jury should have been instructed about the defense of assumption of the risk in a Dram Shop Act case.

CV13-6040777
Noble, J.

Fairfield J.D., at Bridgeport

State v. Belcher

14-Year-Old Sentenced to 60 Years Requested Resentencing

A youthful offender who was sentenced to the functional equivalent of life in prison was entitled to resentencing.

CR94-100508
Devlin, J.

Hartford J.D., at Hartford

Mason v. Barbieri

Plaintiffs in Capias Arrest Case Sought to Certify Class Action

Certification of a putative class action required proof that the class was numerous, that class members possessed similar claims of law or fact, that named plaintiffs' claims were typical of those of the class and that interests of the class could be protected.

X04-CV08-5035997
Sheridan, J.

Middlesex J.D., at Middletown

Garibaldi v. Garibaldi

Court Dismissed Complaint in which Petitioner Sued Himself

When a petitioner filed a complaint against himself, the court concluded that an actual controversy did not exist, and that it lacked jurisdiction.

CV15-6014659
Domnarski, J.

United States District Court

Pitterman v. Gen. Motors

Expert Opinion on Retrofitting 2004 GM Excluded as Unreliable

A court excluded an expert witness's opinion on retrofitting, because the expert did not test an alternate design, subject it to peer review, calculate the rate of error or indicate it was generally accepted in the motor-vehicle industry.

3:14cv967
Hall, J.

United States District Court

Velasquez v. U.S. 1 Farm Mkt.

Grocery Workers who Were Paid in Cash Entitled to $37,358

The court rejected defense claims that plaintiffs, who worked as a butcher and a produce clerk at a grocery store, were "exempt" employees under the Fair Labor Standards Act.

3:13cv634
Crawford, J.

United States District Court

Esteban v. Santa Rosa Restaurant

Court Allowed Service on any Employee of Restaurant

In a case in which defendants successfully evaded service of process, the court concluded that service could be effectuated on any employee of defendant restaurant.

3:13cv963
Shea, J.

United States District Court

Darazs v. Dzurenda

Record Was Improperly Withheld in Excessive Force Case

Although privacy and security concerns set forth by defendants were greater than plaintiff's interest in disclosure, defendants wrongly withheld document number five, which contained information related to plaintiff's allegations of excessive use of force.

3:14cv1330
Merriam, J.

New Britain J.D., at New Britain

Comm'r, Dep't of Emergency Serv. and Public Protection v. Freedom of Info. Comm'n

Sandy Hook Shooter's Book Shielded from Public Disclosure

The seizure statutes in Title 54 act as a shield from public disclosure of property seized by the Connecticut state police and not utilized in a criminal prosecution.

CV15-6029797
Schuman, J.

New London J.D., at New London

McCarthy v. ECP-PF

1st Impression on whether Health Club Qualified as 'Product Seller'

Ruling on an issue of apparent first impression in Connecticut, a court found that a health club did not qualify as a "product seller" under the Connecticut Product Liability Act.

CV15-6025415
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

Pettiford v. State

UPS Driver's Contributory Negligence Was 60 Percent

Rejecting a UPS driver's claim that he was in an unmarked crossway when a motorist collided with him, the court found that the driver could not prevail on his negligence claims, because his contributory negligence was 60 percent.

CV10-6007480
Adams, J.T.R.

New Britain J.D., at New Britain

Finno v. Rebimbas

Attorney Not Responsible for Alleged Ponzi Scheme

Defendant attorney owed only a duty to the principal and did not owe a duty to plaintiffs, with whom she lacked an attorney-client relationship.

CV14-6026980
Wiese, J.

Stamford/Norwalk J.D., at Stamford

Jones v. Deak

Defense Motion to Disqualify Plaintiff's Attorney Denied

Defendants failed to prove that plaintiff's attorney was a necessary witness and that the testimony of plaintiff's attorney was relevant, material and unobtainable elsewhere.

CV14-6023913
Heller, J.

Fairfield J.D., at Bridgeport

Nolan v. Younger

Mom's Insurance Did Not Cover Son's Motorcycle Accident

A parent's insurance policy, which only covered a Volkswagen, did not provide uninsured-motorist benefits for a child's fatal motorcycle accident.

CV15-6048709
Arnold, J.

New Britain J.D., at New Britain

Burgos v. Adm'r, Unemployment Compensation Act

Worker Who Quit Was not Entitled to Unemployment Benefits

A worker who voluntarily left suitable work, without good cause attributable to his employer, was not entitled to unemployment benefits, pursuant to Connecticut General Statutes §31-236(a)(2)(A).

CV15-5016655
Tanzer, J.T.R.

Litchfield J.D., at Litchfield

Maciulewski v. Maciulewski

Husband's Parents Moved To Intervene in his Divorce

Equitable distribution of the marital residence, without consideration of the interests of plaintiff's parents, could result in unjust enrichment, and the court granted the motion of plaintiff's parents to intervene in the divorce action.

FA15-6012269
Shah, J.

Fairfield J.D., at Bridgeport

Balcombe v. Balcombe

Wife Who Became U.S. Citizen Proved Husband at Greater Fault

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

CV15-5030998
Adelman, J.

Fairfield J.D., at Bridgeport

Benedict v. The Cheesecake Factory

Cheesecake Factory Worker Alleged Boss Assaulted Her

The exclusivity provision of the Workers' Compensation Act in Connecticut General Statutes §31-284(a) barred plaintiff employee's negligence claim for damages that resulted from a former supervisor's alleged assault.

CV15-6052525
Wenzel, J.

United States District Court

Connole v. Astrue

ALJ Discounted the Opinions of Claimant's Treating Physicians

Because substantial evidence in the medical record conflicted with the opinions of the treating physicians, the administrative law judge did not commit reversible error when he discounted the opinions of plaintiff's treating physicians.

3:10cv1382
Meyer, J.

United States District Court

Zubek v. Warden

Inmate Alleged Inadequate Treatment Led to Amputation

A pro se plaintiff whose foot became infected and was amputated failed to state claims for inadequate conditions of confinement or deliberate indifference to a serious medical need, in violation of the Eighth Amendment.

3:15cv1633
Bryant, J.

United States District Court

Lewis v. Clark

Pro Se's 1st Amendment Retaliation Claims Dismissed

Plaintiff's complaint failed to adequately demonstrate a causal connection between protected speech and retaliation, or that defendants treated plaintiff differently from similarly situated individuals as a result of protected activity.

3:14cv1592
Chatigny, J.

United States District Court

Bergman v. Town of Hamden

Handcuffed Citizen Alleged He Was Struck, Punched and Kicked

To prevail on a §1983 claim against the chief of police and the municipality, plaintiff was required to prove: (1) action taken under color of law; (2) deprivation of a constitutional or statutory right; (3) causation; (4) damages; and (5) an official policy caused the constitutional injury.

3:14cv853
Arterton, J.

United States District Court

This LLC v. Jaccard Corp.

Defendant Was First to File a Complaint Alleging Infringement

The court in which the first-filed action was brought was entitled to decide whether an exception to the first-filed rule applied.

3:15cv1606
Arterton, J.

Connecticut Appellate Court

Brooks v. Powers

Genuine Issue whether Woman in Field was in Imminent Danger

A jury reasonably could have found that a woman who was in a field without a raincoat during a severe storm was in imminent danger, because of her exposure to the elements when she was in a vulnerable state.

AC 37301
Gruendel, J.

Connecticut Appellate Court

In Re: Zen

Minor Child Suffered Broken Bones and Hematomas

After the trial court approved the adoption of the minor child, the child's biological parent lacked standing to appeal.

AC 38305
Schaller, J.

Connecticut Appellate Court

Morquecho v. Comm'r of Correction

Brother Was Willing To Provide Alibi for Petitioner

Defense counsel's failure to call petitioner's brother as a witness did not constitute ineffective assistance of counsel unless the testimony would have been helpful to the defense.

AC 37461
DiPentima, J.

Connecticut Appellate Court

Rosenthal Law Firm v. Cohen

Motion to Vacate Filed on Ground Hog's Day was Late

A pro se defendant was required to file any motion to vacate, modify or correct an arbitration award within 30 days of receipt of notice of the award, pursuant to Connecticut General Statutes §52-420(b).

AC 37830
Mullins, J.

Connecticut Appellate Court

Allied Assoc. v. Q-Tran Inc.

Superior Court Applied Incorrect Definition of 'Mistake'

If a "mistake" was defined as an error, misconception or misunderstanding, a failure to name the correct plaintiff in a complaint could qualify as a "mistake" pursuant to Connecticut General Statutes §52-109.

AC 37100
Prescott, J.

State Elections Enforcement Commission

Complaint by: Milardo

Citizen Protested Unsolicited Absentee Ballot Applications

A candidate committee's decision to forward unsolicited absentee ballot applications prior to the election was not prohibited by Connecticut election law.

2015-151
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Desousa

Opponents of Firing Range Did Not Register as a Political Committee

A group that did not request or receive contributions or make expenditures to support or to oppose a candidate or political party or otherwise to influence elections, primaries or referenda was not required to register as a political committee, pursuant to Connecticut General Statutes §9-602 and 9-605.

2015-139
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Clapper

Nonprofit Held Walking Tour for City Council Candidates

Because candidates who participated in a community walking tour that a nonprofit foundation sponsored did not make speeches, distribute campaign literature or request funds, the nonprofit did not violate Connecticut election law.

2015-153
Castagno, Chair

Office of the Attorney General

Letter to: Looney

AG Jepsen Issued Warning on Daily Fantasy Sports Contests

The Mashantucket Pequot Tribal Nation and the Mohegan Tribe could claim at some point that daily fantasy sports contests qualified as commercial casino games.

2016-03
Jepsen, A.G.

Board of Mediation and Arbitration

City of Hartford and IAFF, Local 760

Pump Operator Requested Promotion to Ladder Driver

A union adequately alleged that a municipality violated a collective bargaining contract when it filed a grievance complaint that alleged that a worker was wrongly denied a promotional opportunity, in violation of rules and regulations.

2015-A-0388
Daly, Leverty and Shay

Board of Mediation and Arbitration

City of Derby and AFSCME, Council 4, Local 1375

Cop Asked to Carry Over Eight Unused Vacation Days

A collective bargaining contract provision that permitted carry-overs of vacation days in the event of an emergency, illness or injury was enforceable.

2015-A-0244
Cain, Panagrossi and Culhane

Board of Mediation and Arbitration

City of Danbury and CACP

Parties Did Not Previously Enforce Time Limits Strictly

If parties previously failed to enforce time limits strictly, arbitrators might be reluctant to find that a grievance was not filed timely.

2016-A-0036
Daly and Franzo – Podurgiel dissented

United States Court of Appeals for the Second Circuit

Nowak v. Lynch

Polish Citizen Admitted to Possession of 18 Grams of Pot

A Polish citizen's claims that the immigration judge and the Board of Immigration Appeals misread the police report failed as a result of his admission that 18 grams of marijuana, a scale and baggies found in his bedroom belonged to him.

15-1409-ag

United States Court of Appeals for the Second Circuit

Jara v. Lynch

Petitioner Who Was Gay Sought Asylum in United States

A petitioner who was gay did not prove it was more likely than not that she would be tortured, if she were deported to Peru.

14-2145

United States Court of Appeals for the Second Circuit

United States v. DiProto

84 Months for Receipt of Child Porn was below Guidelines Range

A sentence for child pornography that was below the guidelines range failed to shock the court's conscience and was substantively reasonable.

15-1675-cr

Mashantucket Pequot Tribal Court

Digirolamo v. Otis Elevator Co.

Expert Testimony about Elevator Mechanics Not Required

If elevator doors malfunctioned, as alleged, expert knowledge, skill, training, experience, or education were not required to prove breach of duty.

CV-PI-2014-119
Londregan, J.

New Haven J.D., at Meriden

Papa v. Hoffman

Plaintiff Protested Relative's Appointment as Conservator

A probate court did not violate Connecticut General Statutes §45a-650(f) when it found that appointing a relative as a conservator of the person constituted the least restrictive means of intervention available.

CV15-6008077
Cronan, J.

Hartford J.D., at Hartford

Estate of Torres v. Berline Line Apartments

Spouse Failed to Allege Bystander Emotional Distress

Because plaintiff spouse failed to adequately allege contemporaneous sensory perception of the event that allegedly injured her husband, the court granted the defendants' motion to strike her claim of bystander emotional distress.

CV10-6016042
Epstein, J.

New Britain J.D., at New Britain

Pierczyk Straska Farm v. Town of Rocky Hill

Farmer Did Not Receive Notice of Specific Violations

A municipality that issued a citation for failure to comply with a blight ordinance failed to provide the property owner adequate notice of the specific violations and the nature of the remediation required.

CV15-5016838
Swienton, J.

Hartford J.D., at Hartford

Manginello v. Church Homes Inc.

Genuine Issue When Actionable Harm Took Place

An actionable harm existed only when plaintiff discovered that she was injured and that defendant's conduct caused the injury.

CV13-6040833
Huddleston, J.

Waterbury J.D., at Waterbury

Sheehan v. Burnette

Wife Wanted Child Tax Credit on Income Tax Returns

If one spouse claimed the child tax credit on an income tax return, that could prevent the other spouse from claiming the child as a dependent.

FA03-0177866
Nastri, J.

Putnam J.D., at Willimantic (Child Protection Session)

In Re: Ethan

Tracker Indicated Violent Husband Resided with Wife

A court found it was in the best interests of the minor children to commit them to the custody of the Department of Children and Families.

W10-CP14-016753A and W10-CP14-016754A
Foley, J.T.R.

Stamford/Norwalk J.D., at Stamford

Higbie v. Higbie

Navy SEAL Objected To Restriction on Right to Bear Arms

Absent credible evidence that a former Navy SEAL was a danger to himself or others, or exhibited any significant mental health or substance abuse issues, a court did not impose any restrictions on his possession of firearms, other than those imposed by federal and state law.

FA15-5014539
Colin, J.

Fairfield J.D., at Bridgeport

Dawkins v. Gordon-Dawkins

Jamaican Wife Awarded Lump Sum of $11,000

A court awarded a lump sum property distribution, so that a party received part of the equity in the marital residence and partial pay back of a loan.

FA15-6050036
Adelman, J.

Waterbury J.D., at Waterbury

Bumpus v. Bumpus

Husband in Contempt for Failure to Pay Attorney Fees

A party who willfully disobeyed a clear and unambiguous court order could be held in contempt of court.

FA13-4031246
Nastri, J.

Stamford/Norwalk J.D., at Stamford

Simonson v. Simonson

Husband Taped Conversation without Wife's Knowledge

The court barred the use during discovery and trial of a conversation that defendant husband taped without plaintiff wife's knowledge and consent.

FA15-6025703
Colin, J.

New London J.D., at New London

Rice v. Ryders Health Management Inc.; Rice v. Mystic Manor Nursing & Rehabilitation Ctr.

Occupational Therapist Awarded $100,000 for Distress

Rejecting claims that discharge alone was insufficient to prove negligent infliction of emotional distress, a court found that plaintiff provided sufficient evidence that defendants deceitfully lured plaintiff away from a previous employer and then encouraged dubious charges and discharged plaintiff, after plaintiff developed the programs that defendants sought.

CV11-6008602 and CV13-6016915
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

Vaid v. Equinox Greenwich Old Track Rd. Inc.

Defense Motion To Set Aside $10 Million Verdict Denied

Ruling on a motion to set aside a $10.8 million verdict, a court rejected claims that evidence of causation was insufficient, that cardiac injuries were not foreseeable and that jury instructions were incorrect.

CV13-6019426
Lee, J.

New Haven J.D., at New Haven

Crismale v. Walston

Environmental Police Proved Probable Cause to Arrest

To prevail on malicious prosecution, plaintiff was required to prove: (1) defendants initiated criminal proceedings; (2) criminal proceedings terminated in plaintiff's favor; (3) defendants acted without probable cause; and (4) defendants acted with malice, for a purpose other than to bring an offender to justice.

CV14-6049358
Wilson, J.

New London J.D., at New London

Tasoulas v. Tasoulas

Brother Requested Sealing to Protect Family's Privacy

Although the court denied a motion to seal the entire file, it granted a motion to seal pictures of plaintiff's father, as he lay in his bed in a nursing facility, intubated.

CV15-5014977
Vacchelli, J.

New Haven J.D., at New Haven

Provost-Daar v. Merz Aesthetics

Surgeon Disputed Timeliness of Informed Consent Claim

The 90-day extension to the statute of limitations in Connecticut General Statutes §52-190a(b) applied even though plaintiffs alleged lacked of informed consent.

CV13-6037872
Wilson, J.

United States District Court

St. Louis v. Perlitz

Sex Trafficking Law Not Applicable in Foreign Country

A federal law that imposed liability for sex trafficking activity lacked extraterritorial application and did not apply unless the sex trafficking activity took place in the United States.

3:13cv1132
Chatigny, J.

United States District Court

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

Workers Who Won $35 Million Intervened in Insurance Dispute

A $35 million arbitration award gave workers who were injured in an explosion a legitimate interest in litigation between a subcontractor and its insurance company.

3:13cv589
Meyer, J.

United States District Court

Beyer v. Anchor Insulation

Defense Sought Sanctions for Failure to Preserve Evidence

Defendants were entitled to an adverse inference that floor coverings that were removed from the plaintiffs' home one day prior to a home inspection would have been favorable to the defense.

3:13cv1576
Margolis, J.

United States District Court

Nielsen v. Van Leuven

Plaintiff Alleged Fiance's Brother Crashed his Car

As along as plaintiff's allegations complied with Rule 11 of the Federal Rules of Civil Procedure, he could plead the allegations based "upon information and belief."

3:15cv1154
Shea, J.

United States District Court

Barsky v. Yale-New Haven Hosp.

Plaintiff Did Not Waive Psychiatrist-Patient Privilege

Plaintiff, who allegedly suffered garden-variety emotional distress in connection with employment discrimination, did not waive the psychiatrist-patient privilege.

3:15cv1040
Eginton, J.

Connecticut Appellate Court

Hadden v. Capitol Region Educ. Council

Employer Sought to Apportion Workers' Compensation Claim

Apportionment under Connecticut General Statutes §31-275 was barred, because a pre-existing disease that was aggravated by a workplace injury was not occupational.

AC 36913
Gruendel, J.

Connecticut Appellate Court

Profetto v. Lombardi

Ex-Wife Sought Foreclosure when Husband Did Not Pay Back Loan

The trial court's order that the husband pay back a loan that the wife made to the husband during the marriage constituted a "money judgment," as opposed to a "family support judgment."

AC 37756
Per Curiam

Connecticut Appellate Court

Estela v. Bristol Hospital Inc.

Doctor Failed to Prove Mistake or Accident Prevented Prosecution

Proof that mistake, accident or other reasonable cause prevented plaintiff from prosecuting a complaint was required to demonstrate that a motion to open a judgment of nonsuit should have been granted.

AC 36526
Prescott, J.

Connecticut Supreme Court

State v. Wright

Trial Court Wrongly Excluded Evidence about Victim's Consent

The trial court wrongly excluded material evidence, but the error was harmless.

SC 19233 and 19234
Zarella, J.

State Elections Enforcement Commission

Complaint by: Rudis

Unofficial Checkers Could Not Always Hear Citizens Speak

Citizens who spoke too softly for the unofficial checkers to hear were not required to speak up.

2014-173
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Pivirotto

Registrar Accepted Petitions with Signatures for DTC Slate

The identity of the petition circulator was obvious on the face of petitions that contained signatures for a town committee primary, because the name appeared at the top of each form in print.

2016-005
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Fardy

Former Campaign Worker Allegedly Marked up Flyers

A former campaign worker who allegedly acted alone when she marked up and distributed campaign flyers was not required to include "paid for by" and "approved by" attributions.

2014-029
Castagno, Chair

United States Court of Appeals for the Second Circuit

Halo v. Yale Health Plan

Second Circuit Rejected 'Substantial Compliance' Approach

A health plan's failure to comply with Department of Labor claims-procedure regulations could result in de novo review in federal court, unless the plan otherwise established procedures that conformed with department regulations and proved that failure to comply was inadvertent and harmless.

14-4055
Katzmann, J.

State Elections Enforcement Commission

Complaint by: O'Donnell

Candidate Not Informed About Vote Tabulator Test

Only the chairs of the town committees of political parties must be informed about the date when vote tabulators will be prepared, tested and sealed.

2015-158
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Dowling

No Evidence Candidate Used Town Computer for Campaign

Use of a town computer when campaigning for public officer and campaigning on "town time," if proven, would violate Connecticut General Statutes §9-610 and 9-622.

2015-028A
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Bergeron

Citizen Claimed He Received False Instructions about Voting

Connecticut General Statutes §9-363 provided that any person who, with intent to defraud an elector of his or her vote, caused an elector to lose part of his or her vote was guilty of a felony.

2015-163
Castagno, Chair

United States Court of Appeals for the Second Circuit

United States v. Thompson

Amended Sentencing Range Was Longer than Original Sentence

Defendant's sentencing range, in the event that Amendment 782 to the U.S. Sentencing Guidelines applied, was longer than his original sentence, and the district court correctly concluded that he was not entitled to a sentence reduction.

15-2038-cr and 15-2039-cr

United States Court of Appeals for the Second Circuit

United States v. Johnson

Sentence of 320 Months for Drug Trafficking Affirmed

Because application of Amendment 782 to the United States Sentencing Guidelines did not change defendant's applicable guidelines range, defendant was not entitled to a sentence reduction.

15-2051-cr

New Haven J.D., at New Haven

Berry v. Skyview Ctr.

Probate Court, Sua Sponte, Appointed Conservator of Person

In the absence of a pre-hearing notice, a probate court decree that appointed a conservator of the person violated Connecticut General Statutes §45a-649.

CV15-5035480 and CV15-5035132
Ecker, J.

Waterbury J.D., at Waterbury

Horzepa v. City of Waterbury

Plaintiff Alleged Defendants Broke Sewer Main, Caused Backup

Absent any claim that members of the general public were affected by the alleged sewage backup, plaintiff did not allege a common injury, and the court granted defendants' motion to strike plaintiff's public nuisance count.

CV15-6027853
Taylor, J.

Middlesex J.D., at Middletown

Heroy v. Sound View Behavioral Health LLC

Psychiatrist Qualified as Similar Health Care Provider to Nurse

A written opinion from a doctor who was board-certified in the same specialty as defendant nurse was sufficient to meet requirements in Connecticut General Statutes §52-190a.

CV15-6014467
Aurigemma, J.

Fairfield J.D., at Bridgeport

Soto v. Bushmaster Firearms Int'l

1st Impression on Gun Manufacturers' Immunity Claim

The federal Protection of Lawful Commerce in Arms Act, which generally barred suits against gun manufacturers, appeared to provide an exception for "an action brought against a seller for negligent entrustment or negligence per se."

CV15-6048103
Bellis, J.

New Haven J.D., at New Haven

Casillo v. Gomez

Plaintiff Alleged He Was Falsely Accused of Fraud

Although plaintiff maintained that his complaint alleging that he was falsely accused of fraud stated a cause of action for emotional distress, his complaint actually sounded in malicious prosecution.

CV12-6030191
Blue, J.

New Britain J.D., at New Britain

Colonial Health & Rehab Ctr. of Plainfield v. Dep't of Pub. Health

1st Impression on Alleged Violations at Nursing Facility

Absent evidence that the underlying incidents presented a probability of death or serious harm, a hearing officer for the Department of Public Health abused her discretion when classifying the alleged violations at a nursing facility as class B violations.

CV15-6028374
Moll, J.

Middlesex J.D., at Middletown

Trommer v. City of Middletown

Motorcyclist Alleged Cop Did Not Properly Investigate Accident

Connecticut General Statutes §14-108a(a)(2), which requires a report to the commissioner of the Department of Transportation, did not create a private cause of action, in the event that a police officer did not properly investigate an accident.

CV15-6014574
Aurigemma, J.

New Haven J.D., at Meriden

Smith v. Smith

Wife Allegedly Lost $183,836 Gambling at Casino

A court can find one party at greater fault for the breakdown of the marital relationship, as a result of that party's alleged extramarital affairs and gambling.

FA14-4020225
McNamara, J.

Fairfield J.D., at Bridgeport

Martin v. Travelers Indem. Co.

$205,448 Awarded to Plaintiff Rear-Ended by Distracted Driver

A court awarded economic damages for medical expenses and lost wages as well as non-economic damages, for pain and suffering, to an individual who was rear-ended by a driver who allegedly drove while distracted.

CV14-6044287
Kamp, J.

Hartford J.D., at Hartford

Marques v. Rudder

$60,208 Awarded to Plaintiffs in Minor Collision

A court awarded economic damages for reasonable medical expenses and non-economic damages, for pain and suffering, to plaintiffs in a minor motor-vehicle collision.

CV14-6049582
Huddleston, J.

New Haven J.D., at New Haven

Brown v. Shehadeh

Plaintiff Was 25 Percent Contributorily Negligent for Fall

A court reduced damages for a fall 25 percent as a result of plaintiff's contributory negligence.

CV13-6040966
Agati, J.

Litchfield J.D., at Litchfield

Fulvi v. Pelletier

$11,914 Awarded to Buyer Who Proved Sellers Breached Contract

Plaintiff proved that defendant sellers breached a contract when they allegedly took cabinets that were included in the sale and negligently misrepresented the condition of the central air conditioning.

CV14-6009905
Shah, J.

United States District Court

United States v. Lanier

Government Provided Sufficient Grounds for Wiretap

The government's application for authorization for a wiretap must include "a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous," pursuant to 18 United States Code 2518(1)(c).

3:15cr105
Underhill, J.

United States District Court

Coover v. Chapdelaine

Wardens Ordered to Create 'Separation Profile' for Inmate

A prisoner who allegedly was viciously attacked could request a "separation profile," to keep him separate from the known family and associates of his alleged victim.

3:16cv13
Bryant, J.

United States District Court

Parks v. Blanchette

DOC Requested Costs to Defend Inmate's Civil-Rights Suit

A district court denied a defense motion to recoup litigation costs, because the losing party possessed limited financial resources and the case involved difficult questions or an issue of public importance.

3:09cv604
Bolden, J.

United States District Court

Dicara v. Liberty Mut. Ins.

Pro Se Litigant Asked Court to Certify a Class Action

A pro se plaintiff was not permitted to prosecute a class action on behalf of others, because he was only allowed to represent himself.

3:16cv165
Garfinkel, J.

United States District Court

Coale v. Metro-North R.R. Co.

Metro-North Did Not Preserve Sample of Substance on Floor

At trial, the court could instruct the jury that if neither party proved by a preponderance of the evidence the nature of the substance on the floor at a Metro-North station, then the jury could infer that identification of the nature of the substance would be harmful to Metro-North.

3:08cv1307
Haight, J.

Connecticut Appellate Court

Fisk v. Town of Redding

Design Contractor Did Not Create a Public Nuisance

Because a nuisance constituted a condition on the property, as opposed to the act that created it, a design contractor that lacked control of the property could not be found legally responsible for creating a nuisance.

AC 37537
Schaller, J.

Connecticut Appellate Court

Farmassony v. Farmassony

Order to Reimburse Husband $23,439 for Day Care Reversed

Day care payments were subject to the statutory prohibition against retroactive modification in Connecticut General Statutes §46b-86, because they were paid as part of a "support order."

AC 36472
Sheldon, J.

Connecticut Appellate Court

Fishbein v. Menchetti

Allegedly Ex-Girlfriend Refused to Pay Back $71,769

The statute of frauds in Connecticut General Statutes §52-550(a) barred plaintiff's claim that he loaned his former girlfriend $66,500, and that she breached a contract when she refused to pay him back.

AC 37638
Per Curiam

Connecticut Appellate Court

Magana v. Wells Fargo Bank

Attorney's Representations Did Not Constitute Evidence

The trial court wrongly relied on the unsupported representations of bank defendants' attorney that plaintiff failed to comply with a discovery request.

AC 37792
Per Curiam

Connecticut Appellate Court

Kayla v. Greene

First Impression on Civil Protection Orders for Stalking

An individual applying for a civil protection order on the basis of stalking was required to prove only that there were reasonable grounds to believe that a defendant stalked and would continue to stalk.

AC 37785 and 37786
Prescott, J.

Connecticut Supreme Court

The Neighborhood Assoc. v. Limberger

Unit Owner Did Not Receive Notice of Foreclosure Policy

A condo association's failure to follow notice and comment requirements when it adopted a standard foreclosure policy deprived the trial court of subject-matter jurisdiction.

SC 19509
McDonald, J.

Connecticut Supreme Court

State v. Anthony

Request to Withdraw Guilty Plea Before Sentencing Denied

Case law required that defendant show a plausible reason to withdraw a guilty plea, and the trial court did not abuse its discretion when it denied defendant's motion to withdraw, without additional inquiry, when defendant expressed concerns about his legal representation.

SC 19382
Eveleigh, J.