Recent Decisions

United States Court of Appeals for the 2nd Circuit

United States v. Sanchez

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

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Braddock

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

Practice Areas: Criminal Law , Election and Political Law

Connecticut Appellate Court

Cefaratti v. Aranow

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

Practice Areas: Health Law , Civil Procedure , Torts

Connecticut Appellate Court

State v. Collin

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

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Shenkman

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

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Ivan G.S.

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

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Miller v. Commissioner of Correction

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

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

Flores v. Commissioner of Correction

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

Practice Areas: Criminal Law

Connecticut Appellate Court

Bac Home Loans Servicing, LP v. Farina

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

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Supreme Court

Desrosiers v. Diageo North America, Inc.

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

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination

Connecticut Supreme Court

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

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

Practice Areas: Insurance Law , Contracts

Connecticut Supreme Court

Wilkins v. Connecticut Childbirth and Women's Center

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

Practice Areas: Health Law

Connecticut Supreme Court

Salce v. Wolczek

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

Practice Areas: Contracts

Statewide Grievance Committee

Smith v. Lawlor

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

Practice Areas: Legal Profession , Administrative Law

Statewide Grievance Committee

King v. Sendy

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

Practice Areas: Legal Profession , Administrative Law

Statewide Grievance Committee

Dybec v. Chomick

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

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

Statewide Grievance Committee

Brown v. Zeolla

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

Practice Areas: Legal Profession , Administrative Law

State Elections Enforcement Commission

Complaint by: Grippo

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

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Commission on Human Rights and Opportunities/Office of Public Hearings

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

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

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

Board of Mediation and Arbitration

City of Danbury and IAFF, Local 801

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

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

Board of Labor Relations

University of Connecticut and University of Connecticut Professional Employees Association

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

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

Hartford J.D., at Hartford

Lewis v. Burke

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

Practice Areas: Torts , Personal Injury , Causation

Fairfield J.D., at Bridgeport

Babollah v. Vadas

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

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

New Haven J.D., at New Haven

Johanns v. City of Meriden

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

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

Stamford/Norwalk J.D., at Stamford

Barbierri v. Pitney Bowes Inc.

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

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

Fairfield J.D., at Bridgeport

McCabe v. McCabe

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

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Litt v. Litt

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

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

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

State v. Schmidt

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

Practice Areas: Constitutional Law , Evidence , Criminal Law

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

In Re: E.F.

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

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

New Haven J.D., at New Haven

Lawrence v. Dressler

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

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

Waterbury J.D., at Waterbury

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

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

Practice Areas: Civil Procedure , Parties

New Haven J.D., at New Haven

Brown v. Weiner

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

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

United States District Court

Marini v. Costco Wholesale Corp.

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

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

United States District Court

Card v. Coleman

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

Practice Areas: Criminal Law , Civil Rights

United States District Court

Reiske v. Bruno

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

Practice Areas: Constitutional Law , Civil Rights , Criminal Law

United States District Court

Nunn v. Massachusetts Casualty Insurance Co.

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

Practice Areas: Civil Procedure , Discovery

Stamford/Norwalk J.D., at Stamford

Meleney-Distassio v. Weinstein

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

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

Waterbury J.D., at Waterbury

Malcolm v. Toucet

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

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

Stamford/Norwalk J.D., at Stamford

Irizarry v. Administrator, Unemployment Compensation Act

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

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

Hartford J.D., at Hartford

Salvatore v. Department of Emergency Services and Public Protection

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

Practice Areas: Labor and Employment , Hiring/Firing

Stamford/Norwalk J.D., at Stamford

Mirjavadi v. Allstate Insurance Co.

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

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

Hartford J.D., at Hartford

Hartford Underwriters Ins. Co. v. Adams

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

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

Middlesex J.D., at Middletown

Meraay v. Meraay

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

Practice Areas: Family Law , Custody and Child Support

Waterbury J.D., at Waterbury

Linden v. Linden

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

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Janssen v. Janssen

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

Practice Areas: Family Law

New Britain J.D., at New Britain

State v. Swanson

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

Practice Areas: Criminal Law , Evidence

Hartford J.D., at Hartford

State v. Stanley

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

Practice Areas: Criminal Law

United States District Court

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

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

Practice Areas: Insurance Law , Policy Terms

United States District Court

Doe v. Madison Board of Education

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

Practice Areas: Education Law

United States District Court

Thomas v. Butkiewicus

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

Practice Areas: Civil Rights , Criminal Law

United States District Court

Hamer v. Darien Planning & Zoning Commission

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

Practice Areas: Civil Rights , Land Use and Planning

United States District Court

Bakhit v. Safety Marking Inc.

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

Practice Areas: Civil Procedure , Discovery

Connecticut Appellate Court

In Re: Navaeh W.

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

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Mindy F.

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

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Mindy F.

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

Practice Areas: Family Law

Connecticut Appellate Court

In Re: Gabriella A.

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

Practice Areas: Family Law

Connecticut Appellate Court

Scandariato v. Borelli

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

Practice Areas: Evidence , Torts

Connecticut Appellate Court

Johnson v. Commissioner of Correction

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

Practice Areas: Criminal Law

Connecticut Appellate Court

Samuel v. Hartford

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

Practice Areas: Civil Procedure

Connecticut Appellate Court

Dickerson v. Pincus

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

Practice Areas: Civil Procedure

Connecticut Supreme Court

State v. Terwilliger

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

Practice Areas: Criminal Law , Constitutional Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Freedom of Information Commission

Smith v. Mitchell

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

Practice Areas: Administrative Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Freedom of Information Commission

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

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

Practice Areas: Administrative Law

Board of Mediation and Arbitration

Town of Wethersfield and AFSCME, Council 4, Local 1303-40

A municipality can suspend a worker whose work requires that he be available to help remove snow, even if he has scheduled vacation time on a snow day.

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

Board of Mediation and Arbitration

Town of Hamden and UPSEU, Local 424, Unit I

Supervisors are entitled to order an employee to return home, if the worker will not commit to performing a work assignment.

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

Board of Mediation and Arbitration

Town of East Hartford and East Hartford Police Officers' Association

Arbitrators can find that discharge for inappropriate computer use is overly harsh and reduce the discharge to an unpaid suspension.

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

Board of Mediation and Arbitration

City of Danbury and IAFF, Local 801

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

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

United States Court of Appeals for the 2nd Circuit

United States v. Braddock

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

Practice Areas: Criminal Law , Election and Political Law

United States Court of Appeals for the 2nd Circuit

United States v. Cossette

Due process provides a criminal defendant with the right to a fair warning of the legal consequences, pursuant to United States v. Desposito, a decision of the 2nd Circuit.

Practice Areas: Constitutional Law , Criminal Law

Fairfield J.D., at Bridgeport

Adams v. Laval

A plaintiff may possess a cause of action for violation of the Connecticut Product Liability Act that is sufficient to defeat summary judgment, even if the plaintiff is unable to identify the particular product that contained asbestos and caused asbestosis or asbestos-related disease.

Waterbury J.D., at Waterbury

Brown v. Oxford Board of Education

Allegations that a supervisor forced a worker to exert herself beyond medical restrictions may be insufficient to allege extreme and outrageous conduct.

Practice Areas: Labor and Employment , Hiring/Firing , Discrimination , Disability Discrimination , Torts , Emotional Distress , Education Law

Middlesex J.D., at Regional Family Trial Docket in Middletown

Koenigs v. Koenigs

A court can consider the length of the marriage, the causes of dissolution, and the ages, health, stations, occupations, amounts and sources of income when it distributes assets.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport (Juvenile Matters)

In Re: Jurnee

A court can terminate the parental rights of a biological parent who allegedly fails to provide any physical, financial, moral or emotional support for his minor child.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport, G.A. 2

State v. Morrison

The Connecticut Superior Court possesses the discretion to grant post-conviction bail, unless that might compromise the public's safety or the defendant's appearance in court.

Practice Areas: Criminal Law

New Haven J.D., at New Haven, G.A. 23

State v. Cho

A defendant who has no prior criminal history, is not likely to offend again in the future, and who has not been charged with violence or threats of violence, can qualify for accelerated rehabilitation, if criminal charges are not extremely serious.

Practice Areas: Criminal Law , Labor and Employment , Wages and Hours

Tolland J.D., at Somers

Giuca v. Warden

A petitioner who delays 31 years to file his habeas petition, and whose written petition did not include the claims that he subsequently asserted, may not be entitled to habeas corpus relief.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport

Wynimko v. Kish

A court can deny a motion for a continuance and to amend a complaint that is filed on the first day of evidence.

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

Stamford/Norwalk J.D., at Stamford

Greenan v. Cohen

If a plaintiff fails to file a motion to quash or for a protective order, non-party attorneys may not possess standing to invoke the attorney-client privilege on behalf of the plaintiff.

Practice Areas: Civil Procedure , Discovery , Evidence , Privileges , Legal Profession , Attorney Malpractice

New Haven J.D., at New Haven

Forsa v. Lib/Go Travel Inc.

Absent evidence that the defendant's Web site is interactive or specifically targets Connecticut citizens, placing information on the Web site may be insufficient to subject the defendant to personal jurisdiction under Connecticut's long-arm statute, Connecticut General Statute §33-929.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

United States District Court

Central Mutual Insurance Co. v. Hobbs

An insurer that issues a motor-vehicle policy that covers a dealer's license plates may not be required to defend or indemnify an individual who borrows the dealer's license plate and is not an employee or principal of the insured or acting to further the insured's business.

Practice Areas: Insurance Law , Policy Terms , Automotive , Contracts , Breach

United States District Court

United States v. Mack

A trial court is responsible to ensure that an expert's testimony is reliable and relevant, pursuant to Fed. R. Evid. 702, and can admit expert testimony, even if the expert's methods have not been validated by scientific peer review.

Practice Areas: Evidence , Expert Witnesses , Criminal Law

United States District Court

United States v. Rivera-Ortiz

A court can authorize a wiretap, if normal investigative techniques have been attempted and failed, or reasonably appear to be unlikely to succeed or to be too dangerous, pursuant to 18 United States Code §2518.

Practice Areas: Criminal Law , Evidence

United States District Court

United States v. Perkins

Bond can be revoked, if a defendant who has been released on house arrest violates conditions of release, and the defendant is unlikely to abide by conditions of release, pursuant to 18 United States Code §3148(b).

Practice Areas: Criminal Law

United States District Court

United States v. Colon

The Due Process Clause protects individuals from government investigations that violate fundamental fairness and are shocking to the sense of justice.

Practice Areas: Criminal Law , Constitutional Law , Evidence

United States District Court

PHL Variable Insurance Co. v. Burke

A court can enforce a sales contract that provides that if the purchaser of a life insurance policy cancels or rescinds the policy, the sales agent will return his commission.

Practice Areas: Contracts , Breach , Insurance Law

United States District Court

Mey v. Frontier Communications Corp.

An unaccepted offer that fully satisfies a plaintiff's legal claims can make the plaintiff's legal claims moot.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Judgments

Connecticut Appellate Court

State v. Lopez

The standard in the Supreme Court's 1980 decision in State v. Whistnant and case law indicate that a jury instruction on criminally negligent homicide is warranted in cases where there is some evidence from which the jury reasonably could conclude that the defendant acted negligently, such as when the defendant is so preoccupied by his own emotions or safety that he fails to perceive the risk of death to the victim.

Practice Areas: Criminal Law

Connecticut Appellate Court

Eric M. v. Commissioner of Correction

If the absence of a jury instruction on kidnapping consistent with the Supreme Court's 2008 decision in State v. Salamon, narrowing the scope of liability under C.G.S. §53a-92(a)(2)(A), results in harmless error, then a remand for a new trial is unnecessary.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

Sanchez v. Commissioner of Correction

The habeas court properly denied an application for a writ of habeas corpus alleging ineffective assistance of trial counsel when no reasonable probability was shown that the result of the underlying criminal trial court would have been different had the jury heard two omitted witnesses' testimony.

Practice Areas: Criminal Law , Evidence

State Elections Enforcement Commission

Complaint by: O'Connor

An individual who makes an independent expenditure in connection with a municipal primary and who omits the "paid for by" attribution and the statement that "[t]his message was made independent of any candidate or political party" can violate Connecticut General Statutes §9-621(h).

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Murray

The chief executive officer of a non-profit can violate the state contractor contribution ban, if she makes a donation to a candidate, and the non-profit is a state contractor.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Gaynor

A member of the General Assembly can use public funds to send annual mailings to constituents for informational purposes, provided that items are not mailed during the three months that precede an election.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Gale

Because a "primary" does not qualify as an "election," pursuant to Connecticut General Statutes §9-1(d), a state senator could utilize legislative money to mail district-wide mailers on July 14, 2014, which was about one month prior to a "primary" and more than three months prior to Election Day, without violating C.G.S. §9-610(d). Citizens alleged that Senator Eric Coleman, who represents the 2nd senatorial district in the General Assembly, spent $4,032 to print and $7,792 to mail a district-wide mailer that promoted his legislative achievements.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Freiss-McSparran

Only the treasurer of a town committee possesses the power to authorize payment to an individual who works on the committee's web page.

Practice Areas: Administrative Law , Election and Political Law

Freedom of Information Commission

Benicewicz v. Walker

Inserting notations about a future meeting in the minutes of a special meeting was insufficient to satisfy the open meeting provisions of Connecticut General Statutes §1-225(a).

Practice Areas: Administrative Law

Compensation Review Board

King v. City of Bridgeport

The claimant need not prove the claimant's compensable injury was the sole or most significant factor in his demise; she needed only to prove that the decedent's compensable injury was a material factor in the events leading to his demise.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Barbee v. Sysco Food Services

Lengthy precedent establishes that when surveillance video displays a claimant performing tasks in a manner inconsistent with their asserted medical condition, the trial commissioner may find the claimant's testimony unpersuasive.

Practice Areas: Social Services Law , Workers’ Compensation