Recent Decisions

New London J.D., at New London

Walsh v. State

A court can find that pre-existing medical conditions and subsequent events, as opposed to the subject-motor vehicle accident, led to the plaintiff's surgery.

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

New Haven J.D., at New Haven

Fritz Hiltl Hosenfabik Gmbh Co. v. Peter Dermer Co.

Plaintiffs who prevail on statutory theft, pursuant to Connecticut General Statutes §52-564, can be entitled to treble damages.

Practice Areas: Torts , Intentional Torts , Conversion , Damages , Contracts , Breach

Fairfield J.D., at Bridgeport

Ferreira v. Ward

A court can award economic damages, for medical expenses, and non-economic damages, for pain and suffering, to the victim of an assault.

Practice Areas: Torts , Intentional Torts , Assault , Damages , Emotional Distress

Waterbury J.D., at Waterbury

Doe v. Flanigan

A police officer who allegedly handcuffs a minor and takes pictures, while another individual sexually assaults the minor, is not acting within the scope of his employment.

Practice Areas: Torts , Intentional Torts , Assault

Waterbury J.D., at Waterbury

Vicenty v. Home Depot USA

The exclusivity provision of the Connecticut Products Liability Act may not apply to a claim that a seller negligently stored its product.

Practice Areas: Products Liability , Torts , Personal Injury

Middlesex J.D., at Middletown

Seaside Sandbox LLC v. Town of Westbrook Zoning Bd. of Appeals

Evidence that a residence could not be built on property absent variances from setbacks can be sufficient to establish a hardship.

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

Danbury J.D., at Danbury

Becher v. Urology Assoc. of Danbury

Written consent to perform a hysterectomy and to remove ovaries can bar a claim against the doctor alleging battery.

Practice Areas: Health Law , Torts , Intentional Torts , Battery , Medical Malpractice

Waterbury J.D., at Waterbury

State v. Medina

Connecticut General Statutes §54-193a allows the state to prosecute within 30 years of the date that the victim attains the age of majority or within five years of the date that the victim informs the police, whichever is earlier.

Practice Areas: Criminal Law

Stamford/Norwalk J.D., at Stamford

State v. Garcia

An individual who allegedly shoots his wife with a hunting rifle during a domestic dispute can be sentenced to 10 years in prison.

Practice Areas: Criminal Law

New Haven J.D., at New Haven

Shahid v. Jongbloed

A judge who presides over a criminal court trial is entitled to absolute immunity for conduct taken as a judge, even if her rulings are erroneous, untimely or in excess of her authority.

Practice Areas: Civil Rights , Criminal Law

United States District Court

United States v. Wilson-Foley

A defendant who pleads guilty, who enters a stipulation about the amount of a payment and then confirms her adherence to the stipulation may not be entitled to a hearing to decide the amount of the illegal transaction.

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

United States District Court

United States v. Bryson

Evidence that partners in a hedge fund engaged in a conspiracy to fraudulently induce investors to invest can be sufficient to prove conspiracy to commit wire fraud.

Practice Areas: Criminal Law , White Collar Crime , Fraud (White Collar) , Securities and Federal Corporate Law , Debt Securities , Hedge Funds

United States District Court

Vallejo v. UConn Managed Health Care

Deliberate indifference to a serious medical need constitutes cruel and unusual punishment.

Practice Areas: Constitutional Law , Health Law , Criminal Law

United States District Court

Shanley v. Smith

To prevail on a claim that media publications violated 18 United States Code §1038, which provides a private cause of action for "any party incurring expenses incident to any emergency or investigative response," a plaintiff may be required to allege that he incurred an expense.

Practice Areas: Communications and Media Law

United States District Court

Fajardo v. Boston Scientific Corp.

Plaintiffs who prove that a defendant wrongfully removed a case to District Court can be entitled to attorney fees.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Legal Profession , Attorney Fee Recovery , Medical Malpractice

Connecticut Appellate Court

Gagne v. Vaccaro

In the 2008 decision of Comm'n on Human Rights & Opportunities v. Sullivan, the Supreme Court explained that the opportunity "to question under oath a billing attorney who has submitted an affidavit in support of the requested fees" is "the most fair and efficient means of challenging those fees…" and here, the trial court did not abuse its discretion in denying the defendant discovery regarding the plaintiff's claimed legal fees, given the extremely detailed fee affidavits provided, the opportunity to cross-examine the plaintiff's attorney regarding those fees and the tortured history of this case, spanning more than a decade.

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

Connecticut Appellate Court

Oldani v. Oldani

Marital properly ordinarily is valued as of the date of dissolution and while the trial court erred in valuing the marital home at the time of the remand rather than the dissolution, the error was harmless as the parties continued to own the home in equal shares.

Practice Areas: Family Law

Connecticut Appellate Court

Ciottone v. Ciottone

Faced with a party in contempt of court, it is within the court's province to fashion appropriate remedial orders.

Practice Areas: Family Law , Civil Procedure

Connecticut Appellate Court

State v. Stiggle

The U.S. Supreme Court in the 1993 decision of Godinez v. Moran determined that the competency standard for both trial and to plead guilty is "whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and has a rational as well as factual understanding of the proceedings against him."

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. McNeil

The defendant had fair warning in 2011 that he could be prosecuted for possession of a narcotic substance based on visible cocaine left on a scale known to be used for weighing narcotics for sale and Connecticut General Statutes §21a-279(a) was not unconstitutionally vague as applied.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

State v. Bozelko

The court has subject matter jurisdiction over a motion to correct an illegal sentence in accordance with the rule from the 2010 Supreme Court case of State v. Parker, for claimed procedural violations that result in the sentencing judge allegedly relying on inaccurate information in sentencing.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Barone

The collective knowledge of law enforcement personnel could be imputed to an officer making an investigatory stop of a vehicle as he contacted the police dispatcher to confirm that the vehicle was indeed the subject of an earlier "be on the lookout" alert and he was authorized to make an investigatory stop.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

State v. Ayala

The timing of an amendment to the information is central to determining whether it should be permitted, with a distinction drawn between amendments proposed before and during trial; a critical consideration is whether the amendment made during trial came before the defense presented its evidence.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

Parisi v. Parisi

A contempt judgment cannot stand when, inter alia, the order a contemnor is held to have violated is vague and indefinite.

Practice Areas: Family Law , Contracts

State Elections Enforcement Commission

Referral: Trumbull Registrar of Voters

Even if their driveway is located in another town, the location of a voter's dwelling unit can be used to decide their bona fide residence for purposes of voting.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Snider

A principal of a state contractor who donates money in violation of the state contractor ban may not qualify for a "safe harbor" in Connecticut General Statutes §9-612(f)(2)(C), if the donation is not refunded within 30 days.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Murphy

The State Elections Enforcement Commission can fine registrars of voters who allegedly fail to count absentee ballots, in violation of Connecticut General Statutes §§9-150b and 9-311.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Labella

A treasurer of a political committee who allegedly submits a report that includes the wrong dates can be fined.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Kalechman

Connecticut General Statutes §9-453k(d) does not require that a petitioning candidate receive notice of any names rejected on a petition page or require that the petitioner receive explanations for specific rejected signatures.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Hemmann

A treasurer who omits contributions from a financial report can violate Connecticut General Statutes §9-608.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Gianesini

When a party-endorsed candidate withdraws her name from consideration less than 24 days before an election, the town clerk may not be required to immediately inform the party that their candidate withdrew.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Beaman

Allegations that a voter's street name did not appear at the top of a page on the official voter registry list, and that election officials initially were unable to find the citizen's name, can be insufficient to prove a violation of elections laws.

Practice Areas: Administrative Law , Election and Political Law

Board of Mediation and Arbitration

City of New Britain and AFSCME, Council 4, Local 1186

A collective bargaining contract can require that employees called in to work outside regularly scheduled work hours receive a minimum of four hours of overtime.

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

Board of Mediation and Arbitration

City of New Britain and AFSCME, Council 4, Local 1186

Arbitrators can find that in the absence of fair warning, a fair investigation and progressive discipline, a city lacked just cause to demote.

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

United States Court of Appeals for the 2nd Circuit

Savino v. Savino

If a plaintiff lacks an objectively reasonable basis to request removal to district court, a defendant can be entitled to attorney fees under 28 United States Code §1447(c).

Practice Areas: Legal Profession , Civil Procedure

United States Court of Appeals for the 2nd Circuit

United States v. Wells

Even if a sentence is substantively reasonable, the 2nd Circuit can remand to the district court, if the district court fails to explain in writing the court's rationale for a non-guidelines sentence, as required by 18 U.S.C. §3553(c)(2).

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

United States v. Banks

A sentence that is issued for a conviction that results from a defendant's Alford plea constitutes a "prior sentence" pursuant to United States Sentencing Guidelines §4A1.2.

Practice Areas: Criminal Law

Tolland J.D., at Rockville

Wilcox v. Provancher

Participation can be a valid special defense to a Dram Shop action, if a plaintiff actively participates in the tortfeasor's intoxication.

Practice Areas: Torts , Personal Injury

Hartford J.D., at Hartford

Wadsworth v. Parmelee

A court can find that a plaintiff who consciously approaches a dog, kneels, and raises her hands to pet a dog, after she was warned that the dog was blind in one eye and was not friendly, did not torment or tease the dog.

Practice Areas: Torts , Personal Injury

Fairfield J.D., at Bridgeport

Palmieri v. Town of Trumbull

A plaintiff who seeks recovery pursuant to Connecticut General Statutes §13a-149 must prove that the highway defect constituted the sole proximate cause of his injuries, and a plaintiff who conceded that he was walking backward in the middle of the road may not prevail.

Practice Areas: Torts , Personal Injury

Waterbury J.D., at Waterbury

Hale v. Geico Indem. Co.

A court can award economic damages for medical expenses and non-economic damages for pain and suffering to individuals who were rear-ended in a motor-vehicle accident.

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

New Britain J.D., at New Britain

Duchnowski v. Webster Bank

Allegations that an employee was subjected to arbitrary discipline; failed to receive the same training that was offered to other, similarly situated workers; received more work; was criticized as "worthless," "old," "unacceptable" and "dumb"; and was denied a medical leave of absence, can be insufficient to allege extreme and outrageous conduct.

Practice Areas: Torts , Emotional Distress , Labor and Employment , Discrimination , Disability Discrimination , Age Discrimination , Family and Medical Leave Act

Hartford J.D., at Hartford

State v. Two Horses

The chief animal control officer, or any animal control officer or municipal or regional animal control officer can take custody of any animal, if reasonable cause exists to believe that the animal is in imminent harm and is neglected or cruelly treated, pursuant to Connecticut General Statutes §22-329a(a).

Practice Areas: Personal Property

New Haven J.D., at New Haven

Parillo Food Group Inc. v. Bd. of Zoning Appeals

A municipality may not reduce the hours of one particular holder of a liquor permit via a special exception.

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

Hartford J.D., at Hartford

Kaithamattam v. Walnut Hill Inc.

An employee's status as an "at-will" employee can change, if an employer offers a promotion and enters into an employment contract.

Practice Areas: Labor and Employment , Hiring/Firing , Employment Contracts , At-Will Employment , Health Law

Fairfield J.D., at Bridgeport

Merrimack Mutual Fire Ins. Co. v. 4890 Main Street LLC

An insurance company that proves that a client misrepresented its loss of rental income as a result of a fire can be entitled to attorney fees and costs.

Practice Areas: Insurance Law , Bad Faith , Contracts , Breach , Legal Profession , Attorney Fee Recovery

Fairfield J.D., at Bridgeport

Reinoso v. Quest Diagnostics LLC

A written opinion from a similar health care provider may not be required in connection with a slip and fall at a health care facility.

Practice Areas: Health Law , Torts , Personal Injury

New London J.D., at New London

Hall v. City of New London Hous. Auth.

A nonpatient who sues a health clinic for failure to protect him from a patient at the health clinic may not be required to file a written opinion from a similar healthcare provider.

Practice Areas: Health Law , Torts , Personal Injury

Tolland J.D., at Rockville

Manning v. James

A court can find that joint custody, with primary residence with the mother, is in the best interests of the minor child, although the mother has moved four times in nine years and is looking for a job in another state.

Practice Areas: Family Law

Stamford/Norwalk J.D., at Stamford

Kiley v. Kiley

A court can find one party at greater fault for the breakdown of the marital relationship, because that party allegedly refused to communicate about finances.

Practice Areas: Family Law

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

In Re: Missael

A juvenile is not competent, if the juvenile is unable to comprehend legal proceedings or to assist in his own defense.

Practice Areas: Criminal Law

New Haven J.D., at New Haven

Resha v. Hawkins

At a hearing in damages, a court can order an attorney to pay a certain amount each week toward the payment of a legal-malpractice judgment.

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

Danbury J.D., at Danbury

Pedersen v. Smith Ridge Properties LLC

A party who proves agreement, performance by one party and that the other party failed to perform, can prove breach of contract.

Practice Areas: Contracts , Breach

Stamford/Norwalk J.D., at Stamford

Park v. Anthony DeVito LLC

Connecticut General Statutes §52-59b(a) can provide jurisdiction over a New York resident who allegedly "commits a tortious act within the state."

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Contracts , Breach

Waterbury J.D., at Waterbury

City of Waterbury v. Connecticut Alliance of City Police Brass City Local

A court can disqualify a party arbitrator who represented one of the parties in pre-arbitration negotiations and who continues to represent that party on various contracts.

Practice Areas: Alternative Dispute Resolution , Arbitration (ADR)

United States District Court

Sagliano v. Ulta Salon, Cosmetics & Fragrance Inc.

To establish a prima facie case of pregnancy discrimination, a plaintiff is required to prove: (1) she belonged to a protected class; (2) job performance was satisfactory; (3) she was discharged; and (4) her job remained open and was filled by a non-pregnant worker.

Practice Areas: Labor and Employment , Discrimination , Pregnancy Discrimination , Family and Medical Leave Act

United States District Court

Igidi v. Connecticut Dep't of Correction

Allegations that the plaintiff was not promoted, because he received an unfair performance evaluation as a result of race discrimination, can be sufficient to allege an "adverse employment action" for purposes of Title VII of the Civil Rights Act.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination

United States District Court

Brown v. St. Mary's Hosp.

A hospital that allegedly releases a patient before he is stable can violate the federal Emergency Medical Treatment and Active Labor Act.

Practice Areas: Health Law

United States District Court

Physicians Healthsource Inc. v. Boehringer Ingelheim Pharm. Inc.

A faxed invitation that did name any products designed to treat a medical dysfunction did not constitute an "unsolicited advertisement," in violation of 47 United States Code §227 of the Telephone Consumer Protection Act.

Practice Areas: Communications and Media Law , Health Law

United States District Court

Harris v. Dep't of Children and Families

Government officials can remove a child from the custody of a parent, without a hearing, if an objectively reasonable basis exists to believe a threat to health or safety is imminent.

Practice Areas: Civil Rights , Constitutional Law

Connecticut Appellate Court

Bligh v. Travelers Home and Marine Ins. Co.

A plaintiff is not entitled to recover, dollar for dollar, expenses alleged to have been incurred due to a collision when the defendant concedes liability and such an argument discounted the jury's fundamental role of evaluating damages claimed with a discerning eye.

Practice Areas: Torts , Damages , Civil Procedure , Evidence

Connecticut Appellate Court

Previti v. Monro Muffler Brake, Inc.

It is within the Workers' Compensation Commissioner's discretion to award a party attorney fees pursuant to the findings of fact and, where the factual predicate to sustain a legal fee award could not be found in the record, the Workers' Compensation Review Board properly affirmed the commissioner's corrected finding and award, reducing attorney fees to a nominal amount.

Practice Areas: Legal Profession

Connecticut Appellate Court

Lawrence v. Weiner

Connecticut General Statutes §4-165 grants state employees immunity from suit for negligence claims regarding conduct arising out of the scope of their employment, but such immunity does not extend to conduct alleged to be wanton, reckless or malicious.

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

Connecticut Appellate Court

State v. Derks

The defendant bears the burden to prove the affirmative defense that the prosecution is barred by the statutes of limitation.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Dakers

A one-on-one show up identification was suggestive but not unnecessarily so because it was supported by exigent circumstances.

Practice Areas: Evidence , Criminal Law

Connecticut Appellate Court

State v. Chase

For an instructional error, it was not within the trial court's province to take the verdict from the jury without any determination that the jury, even potentially, could have been misled or confused by the court's charge in reaching its verdict.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Millan v. Comm'r of Correction

It cannot be concluded that a habeas court abuses its discretion in denying a petition for certification to appeal when the court was never presented with and, consequently, never ruled on the claims raised on appeal.

Practice Areas: Appellate Law - Criminal , Criminal Law

Connecticut Supreme Court

Ruiz v. Victory Properties, LLC

Landlords owe a duty to maintain common areas of an apartment building in a reasonably safe condition for the benefit of tenants who reside in the building and, because reasonable people can disagree about whether a landlord should have anticipated that a child playing in an apartment building's backyard reasonably might be injured by another child's mishandling of broken concrete or accumulated debris, the plaintiff was entitled to have a jury decide the question.

Practice Areas: Torts , Landlord/Tenant Law

Connecticut Supreme Court

Town of Rocky Hill v. Securecare Realty, LLC

Extending the state's immunity to a private for profit entity should be a rare occurrence and, here, private entities that contracted with the state under Connecticut General Statutes §17b-372a to provide nursing home services to state prisoners and others in state custody, were not an "arm of the state" to assert the defense of sovereign immunity in an action brought against them by a municipality claiming noncompliance with zoning regulations.

Practice Areas: Land Use and Planning , Contracts

Connecticut Supreme Court

Brody v. Brody

A civil contempt finding should not attach just because it is more likely than not that an injunction was disobeyed beyond the eyes of a court; under Connecticut law, such proceedings should be proven by clear and convincing evidence.

Practice Areas: Family Law , Civil Procedure

Board of Mediation and Arbitration

City of New Haven and UE Loc. 222, CILU, Local 71

A city can possess just cause to suspend a worker who does not immediately comply with a request to undergo a random drug test.

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

United States Court of Appeals for the 2nd Circuit

Johnson v. Connecticut Dep't of Admin. Serv.

Evidence that a government agency hired a less experienced job applicant who had a degree in the requisite area, as opposed to an individual experienced in another field, may be insufficient to prove discrimination.

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

United States Court of Appeals for the 2nd Circuit

Henderson v. Sikorsky Aircraft Corp. Inc.

If an employee alleges a prima facie case of retaliation and an employer articulates a legitimate, non-retaliatory rationale for an adverse employment action, the employee must establish that retaliation was a "but for" cause of the adverse action to prevail.

Practice Areas: Labor and Employment , Discrimination , Race Discrimination , Age Discrimination

United States Court of Appeals for the 2nd Circuit

Edwards v. Warden

Double-bunking is not per se unconstitutional and does not violate an inmate's rights, provided that the inmate is not deprived of food, medical care or sanitation.

Practice Areas: Criminal Law , Civil Rights , Constitutional Law

Hartford J.D., at Hartford

Fontanes v. City of Hartford

A plaintiff who does not provide a "general description" of his injuries from a slip and fall on city property and the time and place of his fall may not comply with the requirements of Connecticut General Statutes §13a-149.

Practice Areas: Torts , Personal Injury , Civil Procedure , Pre-trial Procedure

Middlesex J.D., at Middletown

Prime Locations of CT LLC v. Rocky Hill Dev. LLC

A declaration that purports to amend a business park's declaration and to remove lots from the business park may not be valid and enforceable.

Practice Areas: Residential and Commercial Real Estate

Fairfield J.D., at Bridgeport

State v. Marcano; State v. Diaz

Good cause can exist to allow an attorney from another state to appear in Connecticut, pro hac vice, if: (1) a longstanding attorney-client relationship exists that predates the criminal case; (2) the attorney acquired specialized knowledge about the client; or (3) the client is unable to obtain a Connecticut attorney.

Practice Areas: Legal Profession , Criminal Law

Middlesex J.D., at Middletown

Listorti v. Listorti

When parties are young and healthy, and the marriage is of short duration, a court can award child support and deny a request to award alimony.

Practice Areas: Family Law , Custody and Child Support

Windham J.D., at Putnam

Brierley v. Haas

Allegations that defendants knew that equipment did not function properly and ordered that the equipment be used just one more day may not require an expert on causation, to prove negligence.

Practice Areas: Evidence , Expert Witnesses , Torts , Motor Vehicles , Personal Injury , Transportation

New Britain J.D., at New Britain

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

Absent "evidence of a threat to researchers," a court can order a public institution to disclose the names and grant numbers of animal researchers who allegedly violated research protocols.

Practice Areas: Education Law , Administrative Law , Election and Political Law

Fairfield J.D., at Bridgeport

State v. Morales

A petitioner who allegedly engages in a violent domestic assault in which the victim was threatened with a deadly weapon can be sentenced to eight years in prison.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport

Weinshel, Wynnick & Assoc. v. Charles

Allegations that an accounting firm allegedly failed to include construction and manufacturing equipment on municipal property tax declarations, and to request an exemption for manufacturing equipment, can be sufficient to prove negligence.

Practice Areas: Contracts , Breach , Banking and Financial Institutions , Evidence , Expert Witnesses

New London J.D., at New London

Goldberg v. Reg'l Sch. Dist. #18

To obtain a bill of discovery, a petitioner must establish: (1) a good-faith claim that evidence is material and necessary; (2) probable cause exists for a civil action; and (3) the absence of specific, effective, convenient and complete alternatives to obtain evidence.

Practice Areas: Civil Procedure , Discovery , Evidence , Education Law

United States District Court

Wong v. Digitas Inc.

Regardless of assurances in an employee handbook, an employer may not be required to interview an "at-will" worker, prior to discharging the worker, if the employee handbook clearly indicates it was not intended to create a contract.

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

United States District Court

United States v. Rowland

If the government's evidence is insufficient to sustain a conviction, a court can enter judgment of acquittal.

Practice Areas: Criminal Law , Election and Political Law , White Collar Crime

United States District Court

United States v. Nieves

A defendant who was sentenced to the mandatory minimum sentence, because he was a repeat offender, may not be entitled to a sentence reduction.

Practice Areas: Criminal Law

United States District Court

United States v. $52,037.96

To prevail on allegations of mail or wire fraud, the government must prove: (1) a scheme to defraud; (2) money or property is the object of the scheme; and (3) use of mail or wires to further the scheme.

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

Connecticut Appellate Court

In Re: Pedro J.C.

With a motion for best interest findings necessary for an application for abused, neglected or abandoned special immigrant juvenile status under 8 U.S.C.§1101(a)(27)(J) of the Immigration and Nationality Act, the juvenile court must base its decision on state law, not policy considerations or desire to determine worthy candidates for citizenship.

Practice Areas: Family Law , Immigration Law

Connecticut Appellate Court

In Re: Paul M., Jr.

It is improper for a termination of parental rights to be grounded on a finding that a child's prospective foster or adoptive home will be "better" than life with one or more biological parent.

Practice Areas: Family Law

Connecticut Appellate Court

State v. Aviles

Because the police had a duty to protect the public from an armed and dangerous fugitive fleeing from an armed robbery, a one-on-one show-up identification on the street was not unnecessarily suggestive as the procedure was justified by the need for an immediate identification.

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Stephenson

Because claims can be raised in a petition for a writ of habeas corpus during a period of probation, jurisdiction was lacking over a petition for a writ of error coram nobis as another legal remedy was available.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Dotson

An officer may conduct a stop pursuant to the 1968 U.S. Supreme Court decision in Terry v. Ohio based on a traffic infraction.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Ouellette v. Comm'r of Correction

Without evidence supporting allegations of an undisclosed agreement between the state and a testifying coconspirator, the habeas petitioner could not show prejudice from his appellate counsel's failure to get the issue of the trial court's denial of his request for an evidentiary hearing on the agreement before the Supreme Court.

Practice Areas: Criminal Law

Connecticut Appellate Court

Johnson v. Comm'r of Correction

As explained in the 2013 Appellate Court decision of White v. Comm'r of Correction, "[t]he constitution guarantees only a fair trial and a competent attorney; it does not ensure that every conceivable constitutional claim will be recognized and raised."

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Banziruk v. Banziruk

Precedent establishes that whether a case should be restored to the docket following a withdrawal is one of judicial discretion, and, here, the trial court did not abuse its discretion in denying the plaintiff's motion to restore the case to the docket following its withdrawal on the ground that the terms of the parties' settlement agreement were clear and unambiguous.

Practice Areas: Civil Procedure , Settlement , Trusts and Estates

Connecticut Appellate Court

Collazo v. Comm'r of Correction

Because the habeas petitioner failed to address the habeas court's conclusion that his petition for certification to appeal was untimely, he did not meet his burden to prove that the habeas court abused its discretion in denying the petition.

Practice Areas: Appellate Law - Criminal , Criminal Law

Connecticut Supreme Court

Guarino v. Allstate Property and Casualty Ins. Co.

An underinsured motorist carrier is entitled to judgment as a matter of law when all alleged tortfeasors settle the insured's claims against them for the injuries giving rise to the underinsured motorist claim in an aggregate sum in excess of the policy limits.

Practice Areas: Insurance Law

Statewide Grievance Committee

Rosa v. Romano

An attorney who allegedly charges an unreasonable fee can violate Rule 1.5(a) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

New Haven Judicial Dist. v. Berger

An individual who allegedly accepts a retainer to represent a client in a legal matter, although he is not admitted to the practice of law in Connecticut, can violate Rule 5.5 of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

State Elections Enforcement Commission

Referral by: SEEC Elections Officer

The State Elections Enforcement Commission can fine a treasurer $200 to $2,000, if the treasurer fails to timely file a financial disclosure report.

Practice Areas: Administrative Law , Election and Political Law