Decisions

Recent Decisions

Ansonia/Milford J.D., at Derby

Crasilli v. Crasilli

The Connecticut Superior Court has jurisdiction to consider allegations of unjust enrichment and conversion that involve the decedent's property and that extend beyond claims made in Probate Court.

Practice Areas: Trusts and Estates , Contracts , Breach , Torts , Intentional Torts , Conversion

Fairfield J.D., at Bridgeport

King v. Perelli

A court can find that a driver who failed to keep in his travel lane was not negligent, because the other driver drove too quickly, failed to keep a proper lookout, failed to keep his motor vehicle in control and did not attempt to avoid the collision.

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

Waterbury J.D., at Waterbury

Hida v. BJ's Wholesale Club Inc.

Connecticut recognizes a cause of action for res judicata, as an alternative theory of negligence.

Practice Areas: Torts , Personal Injury , Causation , Premises Liability , Invitees

New Haven J.D., at New Haven

Carrion v. Taber

A court can find that a teacher who observed kindergartners as they played during recess and did not observe an accident was not negligent.

Practice Areas: Torts , Liability , Immunity , Causation , Personal Injury

New London J.D., at New London

Bernstein v. Collins

A court can award economic damages for medical expenses and non-economic damages for pain and suffering that result from a dog attack.

Practice Areas: Torts , Damages , Personal Injury

Fairfield J.D., at Bridgeport

Lagerberg v. Armstrong International Inc.

The exclusivity provision in the Workers' Compensation Act can bar a worker's products-liability claims against his former employer for exposure to asbestos.

Practice Areas: Social Services Law , Workers’ Compensation

Middlesex J.D., at Middletown

Peartree Properties LLC v. Brandau.

A counteroffer from a seller can effectively terminate a potential buyer's offer to purchase.

Practice Areas: Residential and Commercial Real Estate

Tolland J.D., at Rockville

Baker v. Bolton

Plaintiffs who mow the lawn, rake the leaves, trim the bushes, maintain the garden and install a dog kennel and a fence on neighbors' property for 15 years can obtain title to the land as a result of adverse possession.

Practice Areas: Residential and Commercial Real Estate

Hartford J.D., at Hartford

Town of Glastonbury v. Metropolitan District Commission

Allegations that surcharges that a quasi-municipal corporation charged before 2014 were illegal can present a current case or controversy, even if a 2014 legislative enactment explicitly allows surcharges.

Practice Areas: Public Utilities , Constitutional Law , Election and Political Law

New London J.D., at New London

Hammon v. Hess Corp.

To prevail on a product-liability claim, a plaintiff must prove that: (1) the defendant was engaged in selling the product; (2) the product was in a defective condition, unreasonably dangerous to the consumer; (3) the defect caused the injury; (4) the defect existed at the time of sale; and (5) the product reached the consumer without a substantial change in condition.

Practice Areas: Products Liability , Defenses , Torts , Personal Injury , Premises Liability

Fairfield J.D., at Bridgeport

Sullivan v. Yakubov

A verdict should be disturbed only by considerations of the most persuasive character, such as where the verdict shocks the court's sense of justice.

Practice Areas: Medical Malpractice , Health Law , Civil Procedure , Statute of Limitations

Hartford J.D., at Hartford

Williams v. Williams

A court can award a spouse 50 percent of the gross, pre-tax amount of lottery winnings that the other spouse won.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Tricomi v. Tricomi

A husband who was ordered to "maintain the existing life insurance" in the amount of $1 million and who was voluntarily discharged may not be in contempt of court, if his new employer only provides life insurance in the amount of $400,000.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Powell-Ferri v. Ferri

A court can fashion an award for lump sum alimony that is dependent on a spouse prevailing on her claim that monies in a trust account constitute marital property.

Practice Areas: Family Law , Custody and Child Support , Trusts and Estates

New London J.D., at Waterford (Juvenile Matters)

In Re: Payton

A court can find it is in the best interests of the minor children to terminate the parental rights of a biological parent who allegedly beat one of his children.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Pajonas v. Commissioner of Motor Vehicles

A hearing officer can ignore the fact that official records indicate that a breathalyzer machine was initially certified in "1990," which was before the machine was even invented, if diagnostic tests indicate that the machine worked satisfactorily, and sufficient evidence existed that the plaintiff drove while intoxicated.

Practice Areas: Criminal Law , Torts , Motor Vehicles

Stamford/Norwalk J.D., at Stamford

JP Morgan Chase Bank N.A. v. Eldon

A court can awards attorney fees to a foreclosure defendant, pursuant to Connecticut General Statutes §42-150bb.

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

Hartford J.D., at Hartford

Calvert v. University of Connecticut Health Center

A court can find that a legislative action that benefits one person and lacks a public purpose qualifies as an exclusive public emolument and is unconstitutional.

Practice Areas: Constitutional Law , Civil Procedure , Statute of Limitations , Medical Malpractice

United States District Court

Covidien Sales LLC v. Ethicon Endo-Surgery Inc.

To obtain a preliminary injunction in a patent infringement case, a patentee must prove that absent an injunction it will suffer irreparable harm.

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Health Law

United States District Court

Pierce v. Pillai

Allegations that prison doctors failed to provide antibiotics, and that the plaintiff prisoner developed an infection that required surgery to remove infected issue, can be sufficient to allege deliberate indifference to a serious medical need.

Practice Areas: Criminal Law , Health Law , Constitutional Law

United States District Court

Vermont Mutual Insurance Co. v. LaCourse

A court can decide not to exercise jurisdiction over cross-claims as a result of fairness, economy and convenience.

Practice Areas: Civil Procedure , Statute of Limitations , Parties , Jurisdiction and Service of Process , Insurance Law

United States District Court

Spencer v. Duncaster Inc.

Generally, a defendant must file a motion to remove a suit from state court to district court within 30 days of receipt of the plaintiff's complaint.

Practice Areas: Civil Procedure , Venue , Labor and Employment , Discrimination , Race Discrimination

United States District Court

Longobardi v. United States

A defendant who fails to provide adequate notice of the time, place, manner, conditions and scope of an independent medical exam and the name of the IME doctor, may not be entitled to compel the plaintiff to submit to an IME.

Practice Areas: Civil Procedure , Discovery , Torts , Personal Injury , Motor Vehicles

Connecticut Appellate Court

In Re: Kylik A.

Consistent with Connecticut General Statutes §17a-112 (j), because the trial court properly found, based on clear and convincing evidence, that the respondent was unable or unwilling to benefit from reunification efforts, the respondent's claim was not reached that the court improperly concluded that the Department of Children and Families made reasonable reunification efforts.

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Jaccari J.; In Re: Justin J.

Unlike Connecticut General Statutes §46b-55b, providing that "[i]n any dispute as to the custody of a minor child involving a parent and a nonparent, there shall be a presumption that it is in the best interest of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody," C.G.S. 46b-129(j)(2), contains no presumption favoring a parent.

Practice Areas: Family Law

Connecticut Appellate Court

State v. Brown

Evidence of prior crimes, while generally inadmissible to prove a defendant guilty of the crime charged, may be admitted for other purposes such as to show intent, an element in the crime, identity, malice, motive or a system of criminal activity.

Practice Areas: Evidence , Prior Bad Acts , Criminal Law

Connecticut Appellate Court

Joseph v. Commissioner of Correction

The habeas petitioner has the burden to show that his trial counsel's performance was deficient and that he was prejudiced by it and is required to meet that burden, as explained in the 2009 Appellate Court case of Farnum v. Commissioner of Correction, with "demonstrable realities", speculation is insufficient.

Practice Areas: Criminal Law

Connecticut Supreme Court

Connecticut Insurance Guaranty Association v. Drown

The conduct of an insolvent insurer does not bind the Connecticut Insurance Guaranty Association to pay an otherwise uncovered claim.

Practice Areas: Insurance Law , Contracts

Connecticut Supreme Court

City of Hartford v. McKeever

Hartford, as most recent assignee and current holder of a note, could not be held liable to repay sums overpaid on the note before its assignment to the city.

Practice Areas: Creditors’ and Debtors’ Rights

Freedom of Information Commission

Maratea v. Administrator, State of Connecticut, Department of Education, Bureau of Human Resources

Writing prompts, interview questions, multiple choice test questions and responses to writing prompts contained in recruitment files, constituted "test questions, scoring keys and other examination data" within the meaning of Connecticut General Statutes §1-210(b)(6) of the Freedom of Information Act and were permissibly exempt from disclosure.

Practice Areas: Administrative Law

Freedom of Information Commission

Laubstein v. Chairman, Board of Education, Bethany Public Schools

A home gathering of a school's parent group that included four parents who were also board of education members was not a "meeting" pursuant to Connecticut General Statutes §1-200(2) of the Freedom of Information Act, where the board members did not attend in their official capacities and the board never sanctioned the group's activities and no longer had "supervision, control, jurisdiction or advisory power" under C.G.S. §1-200(2) over the building project discussed.

Practice Areas: Administrative Law

Compensation Review Board

Vitti v. City of Milford

It long has been held that the date of injury controls the statute to be applied in a Heart and Hypertension Act claim pursuant to Connecticut General Statutes §7-433c.

Practice Areas: Social Services Law , Workers’ Compensation

Board of Mediation and Arbitration

City of Stamford and UE Loc. 222, CILU/CIPU 82

A city can offer a job to a candidate who does not belong to the collective bargaining unit, even if a member of the collective bargaining unit applies, if the city posts the job as an "open competitive examination."

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

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

Abrams v. Department of Public Safety

Comments about not "fitting in" might have been about race and were sufficiently ambiguous to create a reasonable question of fact for a jury regarding whether proffered reasons for denying a detective an elite assignment were pretextual.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

United States Court of Appeals for the 2nd Circuit

Barnett v. Connecticut Light & Power Co.

A final judgment on the merits of an action can preclude the parties from relitigating issues that could have been raised in that action.

Practice Areas: Civil Procedure , Environmental Law , Public Utilities

New London J.D., at New London

Countrywide Home Loan v. Callaghan

A court can consider the amount spent to oppose a motion to open a foreclosure complaint that was dismissed for failure to prosecute diligently when it awards attorney fees to a foreclosure defendant, pursuant to Connecticut General Statutes §42-150bb.

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

United States District Court

Cayo v. Sefcik

Municipal defendants that prevail on malicious prosecution counts may be entitled to attorney fees if the plaintiff, a practicing attorney, continued to litigate after it became apparent that his claims were frivolous, unreasonable or groundless.

Practice Areas: Torts , Emotional Distress , Intentional Torts , Abuse of Process , Legal Profession , Attorney Fee Recovery

United States District Court

Boyd v. Arnone

An official may be entitled to qualified immunity on a claim for civil damages, if the official's conduct did not violate clearly established statutory or constitutional rights about which a reasonable individual would have known, pursuant to Pearson v. Callahan, a 2009 decision of the United States Supreme Court.

Practice Areas: Constitutional Law , Civil Rights , Criminal Law

United States District Court

Miller v. Massad-Zion Motor Sales Co.

A court can open and continue a deposition, after the defendant corrects answers to the deposition.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Discrimination , Sexual Harassment , Hiring/Firing , Torts , Emotional Distress

United States District Court

Ferrari v. U.S. Equities Corp.

A court can dismiss a FDCPA complaint that employs a "convoluted," "baffling," "jumbled," "stream of consciousness" style and fails to adequately allege that each defendant violated the federal Fair Debt Collection Practices Act.

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

Connecticut Appellate Court

Heyman Associates No. 5, LP v. FelCor TRS Guarantor, LP

Even if not explicitly transferred when a limited liability company dissolved, a restrictive covenant passed to the company's former members by operation of law, specifically, Connecticut General Statutes §34-210.

Practice Areas: Contracts , Legal Profession , Attorney Fee Recovery , Residential and Commercial Real Estate

Connecticut Appellate Court

Town of Bethlehem v. Acker

A person of ordinary intelligence would know that keeping smaller breed dogs in an uninsulated space with an interior temperature of approximately 30 degrees Fahrenheit constitutes a failure to provide "proper . . . protection from the weather" as prohibited by Connecticut General Statutes §53-247(a) and such statute was not vague as applied for the neglect standard in C.G.S. §22-239a.

Practice Areas: Personal Property

Connecticut Appellate Court

Martocchio v. Savoir

Decisions by the 2000 U.S. Supreme Court in Troxel v. Granville and the 2002 Connecticut Supreme Court in Roth v. Weston and its progeny, set forth the principle that a fit parent has a constitutional right to control his child's associations without interference from the state.

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

Connecticut Appellate Court

State v. Michael D.

The right of privacy is personal to the party seeking to invoke it and cannot be left to the court's speculation; and, here, the defendant failed to adduce specific facts to show he manifested a subjective expectation of privacy in the victim's clothing his wife found in his vehicle and that that expectation of privacy was reasonable.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Michael G. v. Commissioner of Correction

The proper legal principle reserved for instances of unpreserved claims involving judicial bias is the plain error doctrine.

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

Kim v. EMT

The Memorial Day holiday does not provide a common-law grace period extending the statute of limitations for serving process in a negligence action when the terminal date of the statute falls on that legal holiday.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

Connecticut Supreme Court

State v. Eleck

As explained in the 2012 Supreme Court case of State v. Favoccia, "[w]hen an improper evidentiary ruling is not constitutional in nature, the defendant bears the burden of demonstrating that the error was harmful."

Practice Areas: Evidence , Criminal Law

Connecticut Supreme Court

State v. Kendrick

Put simply, given probable cause to arrest or search, exigent circumstances exist when under the totality of the circumstances, the officer reasonably believed that immediate action was necessary to protect the safety of those present, or to prevent the flight of a suspect, or the destruction of evidence.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Supreme Court

State v. Artis

Appellate courts should not reverse an otherwise trustworthy conviction merely because it was based partly on improperly obtained and unreliable eyewitness testimony, if the state can establish that the erroneous admission was harmless.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Supreme Court

Mills v. Commissioner of Transportation

Certification to appeal was found improvidently granted in this highway defect action on the issue of whether the Appellate Court properly concluded that the notice sent pursuant to Connecticut General Statutes §13a-144 to the Commissioner of Transportation was inadequate and required a reversal of the trial court's denial of the commissioner's motion to dismiss.

Practice Areas: Appellate Law - Civil

Department of Energy and Environmental Protection

In the Matter of: Simeone

A hearing officer for the Department of Energy and Environmental Protection possesses the discretion to consider whether the commissioner is entitled to place a lien on owners' property, prior to seeking reimbursement for clean-up costs from the Underground Tank Storage fund. The Department of Energy and Environmental Protection alleged the following facts.

Practice Areas: Administrative Law , Environmental Law , Residential and Commercial Real Estate

Department of Energy and Environmental Protection

In the Matter of: Harvey

The Department of Energy and Environmental Protection can approve a dock structure that is 20 feet longer than department guidelines, if the applicant's wave study supports the longer dock, which provides more stability.

Practice Areas: Administrative Law , Environmental Law , Residential and Commercial Real Estate

Board of Mediation and Arbitration

Town of New Canaan and AFSCME, Council 15, Local 1575

A municipality possesses just cause to place a police officer who fails to pass his firearms test on administrative duty until he takes a remedial firearms test and passes.

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

United States Court of Appeals for the 2nd Circuit

Weber v. Tada

Absent an improper motive, parent companies possesses a significant unity of interest with a subsidiary and may not be legally responsible for tortious inference with a subsidiary's contract with an employee.

Practice Areas: Labor and Employment , Employment Contracts , Discrimination , Race Discrimination , Hiring/Firing , Torts

United States Court of Appeals for the 2nd Circuit

Driessen v. Natwest Bank PLC

The Electronic Funds Transfer Act, 15 United States Code §1693, establishes the responsibilities of all participants in electronic funds transfer activities.

Practice Areas: Banking and Financial Institutions

Waterbury J.D., at Waterbury

Morales v. P.I.N.C. Management LLC

To prevail on a claim that defendants were negligent, a plaintiff may be required to prove defendants possessed actual or constructive notice of an allegedly defective or dangerous condition.

Practice Areas: Torts , Personal Injury , Residential and Commercial Real Estate

Middlesex J.D., at Middletown

Correa v. Westfield America Inc.

To prevail on a slip-and-fall claim, a plaintiff must prove: (1) the defendant was in possession and control of the premises; (2) an unsafe condition existed; and 3.) the defendant knew about, or should have known about, the unsafe condition and failed to remedy it.

Practice Areas: Torts , Personal Injury , Premises Liability , Invitees

Ansonia/Milford J.D., at Milford

Coriano v. City of Ansonia

"Imminent harm," for purposes of an exception to government immunity that exists for identifiable victims who are subject to imminent harm, requires proof of an imminent harm that relates to and arises from a temporary, hazardous condition.

Practice Areas: Torts , Personal Injury

Stamford/Norwalk J.D., at Stamford

Kousidis v. City of Norwalk

Owners possess the burden to prove that a municipal assessor overvalued their property.

Practice Areas: Taxation , Residential and Commercial Real Estate

New Britain J.D., at New Britain

PCUW LLC v. Constanti

Individual members of a limited liability company may not possess standing to request that a court discharge a lis pendens that the LLC filed against its own property, because the individual members do not own the subject property.

Practice Areas: Residential and Commercial Real Estate

Fairfield J.D., at Bridgeport

Ecay v. Board of Zoning Appeals of the Town of Stratford; Barksdale v. Board of Zoning Appeals of the Town of Stratford

A court can dismiss a complaint filed by pro se litigants who fail to allege that they are statutorily or classically aggrieved by the decision of a zoning board of appeals.

New London J.D., at Norwich, G.A. 21

Gardner v. Hayden

A landlord may not be allowed to sign a summary-process complaint on the same day that he arranges to sign and to serve the notice to quit.

Practice Areas: Landlord/Tenant Law , Residential and Commercial Real Estate

Hartford J.D., at Hartford

State of Connecticut v. Connecticut Employees Union Independent

A court can reverse an arbitrator's decision to reinstate a worker, if the decision violates public policy.

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

New Haven J.D., at New Haven

Scharf v. Travelers Home and Marine Insurance Co.

Underinsured-motorist benefits may not extend to punitive damages for allegedly reckless driving.

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

Hartford J.D., at Hartford

Bell v. Safeco Insurance Co. of Illinois

An insurance policy can bar a claim for underinsured-motorist benefits that is not filed within 180 days after a claimant exhausts the tortfeasor's policy limits.

Practice Areas: Insurance Law

Stamford/Norwalk J.D., at Stamford

Newman v. White

A court can order that parents participate in counseling, to help them communicate about the minor children.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Leonard v. Atwater

A court can transfer custody of a minor child to his father as a result of evidence that the father provides a more stable environment.

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Connolly v. Connolly

A party who proves a substantial change in circumstances may be entitled to a reduction in alimony.

Practice Areas: Family Law

New London J.D., at Norwich

Anastas v. Anastas

A court can award one party the marital residence and order that party to sign a mortgage to the other party for his interest in the marital residence.

Practice Areas: Family Law

New Britain J.D., at New Britain

Cruz v. Commissioner of Motor Vehicles

A driver who refuses to take a breathalyzer test on two separate occasions can qualify for a lifetime suspension of his commercial driver's license.

Practice Areas: Criminal Law , Torts , Motor Vehicles

Waterbury J.D., at Waterbury

Doe v. Annulli

A court can permit a minor plaintiff who allegedly was the victim of sexual abuse to use a pseudonym.

Practice Areas: Civil Procedure , Parties

United States District Court

Dixon v. Keystone House Inc.

Connecticut General Statutes §31-49 does not provide a private cause of action for failure to provide a safe workplace.

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

United States District Court

Spaulding v. Newfeld

To allege a Bivens claim, a plaintiff must allege that an individual defendant personally committed a specific wrongful act that violated a well-established constitutional right.

Practice Areas: Immigration Law , Constitutional Law

United States District Court

Lopresti v. Norwalk Public Schools

Allegations of failure to warn about and to remedy a dangerous mold condition in a public school may be insufficient to shock the conscience, for purposes of a substantive due-process claim.

Practice Areas: Constitutional Law , Education Law

United States District Court

Spencer v. Byars

Allegations that a corrections officer inflicted significant pain on an injured inmate, maliciously and sadistically, to make him suffer, may state a cause of action for violation of the Eighth Amendment.

Practice Areas: Civil Rights , Constitutional Law , Criminal Law

United States District Court

Prezio Health Inc. v. Schenk

A court can order that defendants who allege that they produced all pertinent, nonprivileged documents file a certificate of completion and produce a privilege log.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Employment Contracts , Evidence , Privileges

United States District Court

Philadelphia Indemnity Insurance Co. v. United States

A court can consolidate separate district court actions in which the facts, discovery and evidence are likely to be similar, to conserve resources and promote efficiency, pursuant to Federal Rule of Civil Procedure 42.

Practice Areas: Civil Procedure , Torts , Personal Injury , Insurance Law

Connecticut Appellate Court

Smigelski v. Dubois

The U.S. Supreme Court's 1963 decision in Brady v. Maryland does not apply to a disciplinary hearing brought against a member of the bar.

Practice Areas: Legal Profession

Connecticut Appellate Court

Lynch v. Lynch

In Sunbury v. Sunbury, the 1990 Supreme Court held that on remand, a trial court must craft property distribution orders in accordance with the facts as they existed at the time of the dissolution judgment, not at the time of remand.

Practice Areas: Family Law

Connecticut Appellate Court

Giordano v. Giordano

Connecticut General Statutes §46b-87 provides that a trial court may, in the exercise of its discretion, award attorney fees to the prevailing party in contempt proceedings.

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

Connecticut Appellate Court

State v. Place

There is no established constitutional right to display a bodily condition to the jury, including a tattoo, without first laying a proper evidentiary foundation.

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Davalloo

Connecticut General Statutes §54-84b(a) codified the common law marital communications privilege adding a component not found in the common law; the added requirement further limits the privilege to the subset of those confidential statements made between spouses in a valid marriage which are "induced by the affection, confidence, loyalty and integrity of the marital relationship."

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Peterson

The presence of a known drug dealer with a plastic bag at a location where he is believed to have previously delivered drugs once before, without more, was insufficient to particularize the general suspicion police harbored with respect to him on that date.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

State v. Jordan

The prosecutor's argument that the arresting officers would not have placed their careers in jeopardy by lying was improper; but, despite improprieties, the defendant received a fair trial and the Supreme Court declined to exercise its supervisory authority to order a new trial based on the prosecutor's larger, persistent pattern of improprieties when the Appellate Court recently took that action.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

State v. Ciullo

A prosecutor's mere use of the words "honest," "credible," or "truthful" does not, per se, establish prosecutorial impropriety.

Practice Areas: Criminal Law

Connecticut Supreme Court

Niro v. Niro

An order for family members, nonparty witnesses in a dissolution action, to produce certain financial records and denying their motions to quash subpoenas duces tecum, was not an appealable final judgment under the test set forth in the 1983 Supreme Court case of State v Curcio and the Supreme Court lacked subject matter jurisdiction over the family members' writ of error.

Practice Areas: Appellate Law - Civil , Civil Procedure , Family Law

Statewide Grievance Committee

King v. Chylinski

The Statewide Grievance Committee can order a New York City attorney who allegedly engages in conduct prejudicial to the administration of justice, in violation of Rule 8.4(4) of the Rules of Professional Ethics, to take a continuing legal education course in legal ethics.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Avila v. Fernandez

An attorney who allegedly does not maintain an IOLTA account can violate Connecticut Practice Book §2-27(a).

Practice Areas: Administrative Law , Legal Profession

Board of Labor Relations

In the Matter of: Local 1303-154, Council 4, AFSCME, AFL-CIO and Town of East Haven

A municipality possesses the burden to prove that an employee should be excluded from a collective bargaining unit to protect confidential communications about collective bargaining.

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

United States Court of Appeals for the 2nd Circuit

United States v. Whitehead

The government can rely on circumstantial evidence to prove intent to commit fraud.

Practice Areas: Criminal Law , White Collar Crime , Fraud (White Collar)

Mashantucket Pequot Tribal Court

Celentano v. Mashantucket Pequot Gaming Enterprise

A casino does not owe a special duty of care to advise an individual who uses a wheelchair to take the elevator, as opposed to taking the stairs.

Practice Areas: Native American Law , Torts , Personal Injury

Litchfield J.D., at Litchfield

Johnson v. Flaherty

A party who does not prove aggrievement may not be allowed to appeal the Probate Court's decision to withdraw the decedent's will.

Practice Areas: Trusts and Estates

Stamford/Norwalk J.D., at Stamford

Willie v. Vera

A plaintiff who alleges he was assaulted and who does not provide objective evidence such as the testimony of independent witnesses, the results of a CAT scan, medical diagnoses or evidence of follow-up visits may not be able to produce sufficient evidence to prevail.

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

Stamford/Norwalk J.D., at Stamford

Oualla v. Rafiq

A jury is not required to award non-economic damages, for pain and suffering, to a plaintiff who allegedly is injured in a motor-vehicle accident and has a 10 percent permanent partial disability of the back.

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

Hartford J.D., at Hartford

Armstrong v. Boogaert

To prevail on a count alleging negligent supervision of a birthday party, a plaintiff must prove duty, breach of duty, causation and injury.

Practice Areas: Torts , Personal Injury , Causation , Premises Liability

Stamford/Norwalk J.D., at Stamford

Higbie v. Housing Authority of the Town of Greenwich

A housing authority may not be exempt from allegations it engaged in "trade or commerce" and violated CUTPA, the Connecticut Unfair Trade Practices Act.

Practice Areas: Consumer Protection , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Elliot v. Savalle

Allegations of deceptive billing practices can be sufficient to allege entrepreneurial conduct that violates the Connecticut Unfair Trade Practices Act.

Practice Areas: Legal Profession , Attorney Fee Recovery , Consumer Protection

New London J.D., at Norwich (Housing Session)

Holdmeyer v. Thomas

A landlord can rebut the presumption of retaliatory eviction that can exist if the landlord files a summary-process action soon after a tenant complains to the health district.

Practice Areas: Landlord/Tenant Law , Health Law , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Riley v. The Travelers Home and Marine Insurance Co.

A jury reasonably could find it would be foreseeable that an insured who was falsely accused of committing arson would suffer severe emotional distress.

Practice Areas: Insurance Law , Contracts , Breach , Torts , Emotional Distress

New London J.D., at Norwich

Robinson v. Robinson

A court can rely on equitable principles to approve a proposed division of property that grants a proportionate share of forest, wetlands, pastures and steep terrain to each party.

Practice Areas: Family Law , Residential and Commercial Real Estate