Recent Decisions

Stamford/Norwalk J.D., at Stamford

O'Neil v. Lt of Stamford; Terenzio v. LT of Stamford

Police Ordered to Produce Investigative Reports, Evidence, Records and Tapes

The Erasure Statute did not prevent the use of police reports during discovery in a subsequent civil case. The court ordered the police to produce the police department's police reports, physical evidence, records and tapes, on or before Aug.

CV16-6028203 and CV16-6028284
Heller, J.

Stamford/Norwalk J.D., at Stamford

Commaroto v. Guzzo

Court Struck Defense Counterclaim in Action Against LaPolla Industries

Because Connecticut General Statutes §52-240a did not create an independent cause of action, it did not provide a proper subject for a counterclaim in a products-liability action.

CV12-6013645
Genuario, J.

Fairfield J.D., at Bridgeport

200 E. Main St. v. Zoning Comm'n of the Town of Stratford

Substantial Evidence Did Not Exist to Support Commission's Decision

A zoning commission did not present evidence, even anecdotal evidence, to support a claim that excessive traffic congestion would result, if the zoning commission approved a restaurant with a drive-thru window in a 29-acre shopping center.

CV15-6051733
Radcliffe, J.

Hartford J.D., at Hartford

Raus v. Raus

Wife of 28 Years Awarded $1,000 per Week, Investments and Car

A court could consider the parties' incomes, education, health, assets and ability to acquire assets, when it awarded alimony and distributed property.

FA15-6059174
Suarez, J.

New Britain J.D., at New Britain

Conroy v. Idlibi

Dentist's Wife Awarded $1,250 per Week and $132,000 Lump Sum

A court awarded rehabilitative alimony to permit a homemaker to obtain education, training and skills to achieve self-sufficiency.

FA15-6029313
Carbonneau, J.

Waterbury J.D., at Waterbury

Osborn v. City of Waterbury

5th Grader Who Was Beat up During Recess Awarded $67,090

A court could award economic damages for medical expenses and non-economic damages for scarring and emotional distress to the victim of a physical assault.

CV13-6018305
Sheedy, J.T.R.

Stamford/Norwalk J.D., at Stamford

Batista v. Ehrlich; Batista v. The Norwalk Hosp.

Doctor Requested that Expert Disclose Written Medical Letters

A court denied defendant doctor's attempt to discover whether plaintiffs' disclosed expert also authored the written medical opinion attached to the complaint.

CV14-6023277
Genuario, J.

Fairfield J.D., at Bridgeport

Nunez v. Krofssik

Couple Injured When Driver Left Lane of Travel Awarded $114,950

At a hearing in damages, a court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to a couple who were injured in a motor-vehicle accident.

CV14-6045770
Kamp, J.

New Haven J.D., at New Haven

DiPalma v. Rapoza

$74,834 Award to Plaintiffs Failed to Shock Court's Conscience

As a result of evidence that plaintiffs suffered from pre-existing injuries, a court could not find that a jury's award for injuries that resulted from a motor-vehicle accident shocked the court's conscience.

CV14-6045827
Wilson, J.

Tolland J.D., at Rockville

State v. Christensen

Counsel for Deceased Victim Objected to Sentence Reduction

An individual who allegedly committed second-degree manslaughter and second-degree assault with a motor vehicle when driving under the influence could be sentenced to seven-and-one-half years in prison.

CR14-106367
Fischer, J., Alexander, J. and Ginocchio, J.

New Haven J.D., at New Haven

K&S Main Prop. v. Empire Serv.

Roofer Alleged Client's Principal Reneged on Promise To Keep Off Roof

Allegations that plaintiff falsely promised to keep its representatives out of the construction area and then reneged and misrepresented the terms of the agreement were insufficient to state an unfair trade practices claim.

CV14-6050567
Blue, J.

Fairfield J.D., at Bridgeport

Rosenberg & Press v. Success Vill. Apt.

Rosenberg Firm Won $53,212 on Breach-of-Contract Count

A client that signed a retainer agreement and that allegedly failed to pay for legal services could breach a contract.

CV14-6044607
Kamp, J.

United States District Court

Farmer v. Judicial Branch

Plaintiff Alleged Frank D'Adabbo Did Not Provide Salamon Instruction

A Connecticut Superior Court judge was entitled to judicial immunity for conduct during a state criminal trial, even if the judge's conduct was wrong, malicious or in excess of authority.

3:16cv1069
Bolden, J.

United States District Court

United States v. Eastman

Fake Pop Star Allegedly Persuaded Teenage Girls to Expose Themselves

On a motion to suppress, a defendant possessed the burden to prove that law enforcement subjected defendant to a search and seizure without a search warrant.

3:16cr6
Shea, J.

United States District Court

Sweeney v. Enfield Bd. of Educ.

Tenured High School Teacher Received Chance to Deny Threatening Students

A tenured teacher was entitled to oral or written notice of charges that he allegedly threatened high school students, an explanation of the employer's evidence and an opportunity to present his version.

3:14cv1511
Shea, J.

United States District Court

Chapman v. Ouellette

Officials Did Not Violate Student's Procedural Due-Process Rights

High school officials who suspended a student for 10 days provided procedural due process, because officials explained why he was being suspended and provided the student an opportunity to explain and to furnish his version.

3:14cv1411
Shea, J.

United States District Court

Flynn v. Directv

Plaintiffs Alleged Directv Installed Satellite Dishes and Abandoned Them

CUTPA did not require that a direct business relationship exist between the parties. Allegations that defendants entered plaintiffs' property, affixed satellite dishes without permission and abandoned the satellite dishes were sufficient to state a CUTPA claim.

3:15cv1053
Meyer, J.

United States District Court

Lombardi v. Myers

Animal Control Officer Protested Arrest for Alleged Animal Cruelty

Plaintiff, an animal control officer, did not prove that police lacked probable cause to arrest, as a result of statements of co-workers that plaintiff allegedly shook a dog, threw a dog against a wall and yelled obscenities at a dog.

3:14cv1687
Bolden, J.

United States District Court

Gonzalez v. Waterbury Police Dep't

Cops Alleged Plaintiff Was Unable to Identify Alleged Rock Thrower

In an excessive use of force case, a jury could rely on a combination of factors that included direct testimony, cross examination and circumstantial evidence to find that a particular individual was responsible.

3:12cv478
Underhill, J.

Connecticut Appellate Court

Cornelius v. Comm'r of Correction

Bomb Maker Alleged that Prison Wrongly Rescinded Good-Time Credit

Even if the state court wrongly rescinded good time-credit, a ruling to that effect would not provide the habeas petitioner practical relief, after he finished serving a state court sentence and began serving his federal court sentence.

AC 37861
Per Curiam

Connecticut Appellate Court

Guzman v. Yeroz

Defendant Did Not Request Plain Error Review of $386,070 Award

Absent an affirmative request from the appellant, the appellate courts could refuse to apply the plain error doctrine.

AC 37436
Prescott, J.

Connecticut Supreme Court

State v. Conn. Emp. Union Indep.

UConn Worker who Was Caught Smoking Pot Won Reinstatement

Public policy did not require the discharge of a state employee who was caught smoking marijuana during work hours.

SC 19590
Rogers, C.J.

State Elections Enforcement Commission

Referral by: von Braun

O'Neil Campaign Produced Flyer that Promoted Another Candidate

A candidate committee could only make expenditures that promoted the candidate for which the candidate committee was formed.

2015-192B
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Stapleton-Reily

Complainant Failed to Prove that Campaign Flyers Lacked Attributions

Connecticut General Statutes §9-621 provided that campaign flyers must include attributions that included the phrases "paid for by" and "approved by."

Castagno, Chair
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Schaffrick

Flyers Placed on Car Windshields Did Not Include Proper Attributions

A private citizen who spent less than $5 on a flyer that he distributed before an election could be required to include "paid for by" attributions on the flyer.

2015-135
Castagno, Chair

Citizen's Ethics Advisory Board

Advisory Opinion No. 2016-3

Conn. PURA Chair Was Offered Job on Board of Directors of MA Company

Public officials were not allowed to accept other employment that might affect their independence of judgment concerning official duties, pursuant to Connecticut General Statutes §1-84(b).

2016-3
Chiusano, Chair

Board of Mediation and Arbitration

Town of Southbury and Southbury Police Assoc.

Town Did Not Act in Bad Faith when it Enforced Cap on Unused Sick Leave

A municipality could enforce a cap in a collective bargaining contract that permitted workers to accumulate no more than 120 days of unused sick leave.

2016-A-0139
Weiner, Kuehnel and Podurgiel

Board of Labor Relations

In the Matter of Hartford and Hartford Firefighters Assoc.

Hartford Did Not Properly Compute Back Pay Owed to Reinstated Worker

A municipality that failed to comply with an arbitration award could violate the Municipal Employee Relations Act.

4905
Collins, Dellapina and Leech

United States Court of Appeals for the Second Circuit

Kovaco v. Rockbestos-Surprenant Cable

Social Security Claims Estopped Plaintiff's Claim He Was Qualified

A former worker who informed the Social Security Administration that he was unable to work as of a particular date was judicially estopped from alleging in a district court complaint that he remained capable of performing essential job functions as of that date.

15-2037cv
Cabranes, J.

New Haven J.D., at New Haven

Palmer v. Conn. Sports Plex

Father Injured at Baseball Batting Practice Awarded $32,000

A court could award economic damages for medical expenses and non-economic damages, for pain and suffering, to an individual who allegedly was struck in the eye by a baseball.

CV12-6034757
Agati, J.

Stamford/Norwalk J.D., at Stamford

Holt v. Safeco Ins. Co. of Am.

Homeowners Alleged Price Fixing and Market Manipulation by Insurer

Connecticut did not recognize a private cause of action for allegations of price fixing and market manipulation against an insurance company.

CV13-6017661
Tobin, J.T.R.

New London J.D., at New London

Peters v. United Cmty. and Family Serv.

Original Written Opinion Did Not Indicate Author Was Board Certified

Medical-malpractice plaintiffs were required to provide a written opinion from a similar healthcare provider, and if the defendant was board certified the opinion writer might also be required to be board certified.

CV16-6026050
Vacchelli, J.

New Haven J.D., at New Haven

Giampietro v. The Eye Care Grp.

Defendant Ophthalmologists Won Battle of Experts at MedMal Trial

To prevail on a medical-malpractice claim, a patient was required to prove, by a preponderance of the evidence, that defendants breached the standard of care.

CV12-6034486
Agati, J.

New London J.D., at New London

Town of Waterford v. Two Dogs

Former Owners Who Allegedly Neglected Rottweillers Fined $5,304

A court could fine the owners of pets that allegedly were neglected or cruelly treated.

CV16-6027068
Vacchelli, J.

New Britain J.D., at New Britain

Godbout v. Freedom of Info. Comm'n

FOIC Protester Not Entitled to Hearing on 'Evil Agency' Complaint

A frequent protester, who allegedly characterized the Freedom of Information Commission as "an evil agency," was not entitled to an administrative hearing on his claim that the State Task Force on Victim Privacy conducted a secret meeting.

CV15-5017046
Schuman, J.

Waterbury J.D., at Waterbury

Strakosch v. Strakosch

Husband Found in Contempt for Failure to Co-Sign College Loan

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

FA11-4025200
Nastri, J.

Waterbury J.D., at Waterbury

Mukidi v. Mafuta

Husband from Africa Alleged that Parties Were Never Intimate

As a result of a paternity test that indicated that the husband was the biological father of the parties' infant, the court found that the parties had a valid marriage.

FA15-5017152
Nastri, J.

Hartford J.D., at Hartford

Brown & Welsh v. Guest

Brown & Welsh Won $24,028 for Foreclosure and Interpleader Actions

In an interpleader action filed by the former law firm of Brown & Welsh, a court relied on equitable principles to consider claims of $141,799 that various individuals and entities made and to distribute $55,223 in funds.

CV15-6059224
Peck, J.T.R.

United States District Court

Ucar v. Conn. Dep't of Transp.

Muslim Worker Failed to Allege Hostile-Work Environment

To prevail on hostile-work environment, a plaintiff must prove that discriminatory intimidation, ridicule and insult permeated his workplace and was sufficiently severe to change the conditions of his work environment.

3:14cv765
Hall, J.

United States District Court

Karazogian v. Sam's East

Job Applicant Did Not Prove Discriminatory Failure to Hire

Plaintiff did not provide evidence that defendant's nondiscriminatory business rationale constituted a pretext for discrimination on the basis of national origin, age or gender.

3:14cv1952
Eginton, J.

United States District Court

Chhum v. Anstett

'Agricultural' Exception Barred Farm Worker's FLSA Allegations

An employee who worked at a small farm was exempt from the overtime requirements in the Fair Labor Standards Act, pursuant to the agricultural exemption.

3:15cv900
Meyer, J.

United States District Court

In re Aggrenox Antitrust Litig.

Expansive Discovery Denied in Multidistrict 'Reverse Payment' Case

Expansive discovery of data relating to various other drugs as potential substitutes was not relevant in an antitrust case, because the only relevant market was the market of the particular drug and its generic equivalents.

3:14md2516
Underhill, J.

United States District Court

Bruce Kirby Inc. v. LaserPerformance

Designer of Racing Sailboat Sold its Contractual and IP Rights

A condition precedent must appear in the contract itself, as opposed to in a writing between one of the parties and a third party.

3:13cv297
Meyer, J.

United States District Court

Marzullo v. Onofrio

Driver Who Experienced Grand Mal Seizure Did Not Allege Monell Claim

Supervisory or municipal liability under 42 United States Code §1983 cannot be based on a theory of respondeat superior.

3:14cv46
Squatrito, J.

United States District Court

Fed. Ins. v. Speedboat Racing v. Rambler 100

CUTPA Violations Alleged Against Owner of Racing Yacht that Capsized

A company that leased a worldclass yacht alleged that defendant owner knew the company intended to sail in the Atlantic Ocean Racing Series and that the owner's alleged failure to disclose that the keel fin was defective was unscrupulous, risked lives and resulted in the loss of millions of dollars.

3:12cv1480
Haight, J.

Connecticut Appellate Court

Porto v. Petco Animal Supplies Stores

Mode-of-Operation Rule Did Not Apply to Puddle in Pet Store

The "mode-of-operation" rule that provided an exception to traditional notice requirements did not apply to a puddle in a pet store that allowed pets to accompany pet owners to the store.

AC 37516
Gruendel, J.

Connecticut Appellate Court

Straw Pond Assoc. v. Fitzpatrick, Mariano & Santos

Genuine Issues in Malpractice Case Against Fitzpatrick Firm

If there were genuine issues of material fact in a legal-malpractice suit, summary judgment was not appropriate.

AC 37589
Lavine, J.

Connecticut Appellate Court

Meeker v. Mahon

Lease Guarantors Not Responsible for Damages After Lease Ended

Co-signers, who agreed to joint legal responsibility for the lease and lease payments, were not responsible for damages that allegedly took place after the lease ended, and the tenants remained on the premises pursuant to a month-to-month tenancy.

AC 37841
Bear, J.

Connecticut Appellate Court

Perry v. Valerio

Complaint about Fall During Physical Therapy Sounded in MedMal

A complaint that resulted from an alleged fall during a physical therapy session sounded in medical malpractice, as opposed to ordinary negligence.

AC 38405
Keller, J.

Connecticut Appellate Court

Zilkha v. Zilkha

Vocational Expert Testified Earning Capacity Changed from $250k to $20k

To prevail on his motion to modify, a party was required to establish a substantial change in circumstances that was excusable and not brought about by his own fault.

AC 38006 and 38007
Bishop, J.

Department of Energy and Environmental Protection

In the Matter of Asnat Realty

Parties Signed Consent Order To Allow Clean-Up of PCBs

Various parties signed a consent order to allow investigation and remediation of an industrial site that contained PCBs.

13-001
Schain

Department of Energy and Environmental Protection

In the Matter of 7 Nylked Terrace

Adjacent Property Owners Sought to Construct Shared Dock

Granting the request of homeowners to build a shared dock was expected to provide the homeowners reasonable access to water with minimal effects on coastal resources, wildlife, navigation, sedimentation and erosion.

201410359
Deshais

Compensation Review Board

Clements v. Aramark Corp.

Aramark Worker Did Not Prove that Employment Caused Fainting

Allegations that the act of exiting her motor vehicle at work made claimant dizzy and caused an episode of cardiogenic syncope with a concussive head injury were insufficient to prove that the injury arose out of employment.

6034 CRB 2-15-10
Mastropietro, with Salerno and Morelli

Board of Mediation and Arbitration

Town of W. Hartford and CSEA/SEIU

Municipality Expected Employees to Work During Temporary Travel Ban

A past practice existed concerning the requirement that municipal workers use a personal leave or vacation day, if employees decided not to work during a storm, if the past practice was unequivocal, clearly enunciated and ascertainable over a reasonable period of time.

2016-A-0013
Ryan, Neary and Murphy

Board of Labor Relations

Town of N. Haven and United Pub. Serv. Emp.

Emergency Dispatchers Sought to Create their Own Bargaining Unit

Employees who could prove that "a community of interest" existed could be allowed to "carve out" their own bargaining unit to represent their interests.

4906
Low, Battey and Collins

Board of Labor Relations

Town of E. Hartford and E. Hartford Police Officers

Town Discharged Cop Again After Arbitrators Ordered Reinstatement

A municipality did not comply with an arbitration award when it discharged a police officer for conduct that arbitrators previously had concluded did not merit discharge.

4907
Bird, Low and Collins

United States Court of Appeals for the Second Circuit

Roberts v. Bennaceur

Court Properly Issued $8 Million Sanction for Discovery Violations

The district court could issue a sanction pursuant to Rule 37(b) against a party that allegedly engaged in intentional misconduct.

15-2326

United States Court of Appeals for the Second Circuit

Macdermid Printing v. Cortron

Record Breaking $64 Million Antitrust Verdict Reversed in Part

Allegations that defendant exercised market power and misled consumers to believe plaintiff's products were no longer available could be insufficient to establish an antitrust claim.

15-589-cv
Cabranes, J.

New Britain J.D., at New Britain

Simpson Constr. v. Tillona

Homeowners Proved Construction Company Violated NHCA and CUTPA

A construction company that served as a project manager infringed Connecticut General Statutes §20-417g of the New Home Construction Act and the Connecticut Unfair Trade Practices Act, because it allowed its registration to lapse during construction, and it did not provide appropriate disclosures to defendant homeowners.

CV14-6025137
Abrams, J.

Tolland J.D., at Rockville

Beltran v. Warden

Petitioner Claimed Counsel Did Not X-Examine Witness on Inconsistencies

Trial counsel did not provide ineffective assistance of counsel when he made a strategic decision to not engage in a lengthy cross-examination of a young witness.

CV14-4005776
Oliver, J.

Stamford/Norwalk J.D., at Stamford

Fischer v. Ulysses Partners

Tape of Call that was on Speaker Phone Could be Used at Deposition

A tape of a phone call that the caller knew had been placed on speaker phone could be played at a deposition, even though the caller did not know that the call was recorded.

CV15-6024901
Lee, J.

United States District Court

Kolpinski v. Rushford Ctr.

Fired Whistleblower Won Remand to Connecticut State Court

A fired whistleblower had the option to seek protection under the First Amendment of the U.S. Constitution, the Connecticut Constitution, or both.

3:15cv1267
Underhill, J.

United States District Court

United States v. Jones

Forcing Anti-Psychotic Drugs on Defendant Would be Unconstitutional

The U.S. Constitution only permitted the government to force a mentally ill defendant to take anti-psychotic drugs if defendant faced serious criminal charges, and treatment was medically appropriate, substantially unlikely to have side effects that would undermine the fairness of trial and necessary to further important government interests related to the trial.

3:15cr184
Bolden, J.

United States District Court

Sherman v. Burwell

Medicare Claimants Won Request for Certification as Class Action

A court could certify a class action, if plaintiff proved the elements of numerosity, typicality, common questions of law or fact and that representative parties would fairly and adequately protect the interests of the class.

3:15cv1468
Meyer, J.

United States District Court

Rinaldi v. Laird

Driver Who Engaged Cops in High-Speed Chase Awarded $10,000

A driver proved by a preponderance of the evidence that a police officer engaged in excessive use of force, in violation of his constitutional rights.

3:14cv91
Meyer, J.

Connecticut Appellate Court

Kobyluck Bros. v. Planning and Zoning Comm'n

Process of Crushing and Sorting Rock Qualified as 'Manufacturing'

Crushing rock and sorting it and screening it for use as construction aggregate could transform the rock sufficiently to constitute the permitted use of "manufacturing."

AC 37732
DiPentima, J.

Connecticut Appellate Court

Moye v. Comm'r of Correction

Client Alleged Trial Counsel Did Not Request Competency Hearing

An attorney who arranged for mental health evaluations of his client and who concluded that his client probably was not incompetent, although she suffered from mental illness, was not required to request a competency hearing.

AC 36851
Cremins, J.

Connecticut Supreme Court

Velecela v. All Habitat Serv.

1st Impression on Widow's Claim for Bystander Emotional Distress

The exclusivity provision of the Workers' Compensation Act applied to a widow's claim for bystander emotional distress, because the widow's injuries arose out of her husband's personal injury and death in the course of employment.

SC 19589
Espinosa, J.

Connecticut Supreme Court

Geysen v. Securitas Sec. Serv.

Employer's Sales Incentive Plan Did Not Violate Conn. Public Policy

A sales incentive contract that provided that sales commissions would be paid only if invoiced to the client before the employee was discharged did not violate public policy and was enforceable.

SC 19545
Rogers, C.J.

Connecticut Supreme Court

State v. Saturno

Tenant with Pipe Bomb Did Not Prove Violation of Article First, §7

Defendant did not prove that he or the owner of an apartment building were entitled to notice and the opportunity to be heard, before the issuance of an administrative search warrant.

SC 19602
Eveleigh, J.

Statewide Grievance Committee

Parisot v. Spector

Colebrook Lawyer Who Allegedly Violated Rule 8.4(4) Was Reprimanded

Rule 8.4(4) of the Rules of Professional Conduct barred attorneys from engaging in conduct prejudicial to the administration of justice.

15-0442
Foti, Castillo and O'Sullivan

Statewide Grievance Committee

Minto v. Richards

Lawyer Allegedly Did Not Pay Court Reporter's Invoice for 5 Months

A lawyer who allegedly did not pay a court reporter's invoice for more than five months engaged in conduct prejudicial to the administration of justice.

15-0455
Goulden, Freedman and Slossberg

Statewide Grievance Committee

Bowler v. Piels

Attorney Suffering from Serious Illness Overdrew IOLTA Account

An attorney who allegedly overdrew his IOLTA bank account violated Rule 1.15 of the Rules of Professional Conduct and Practice Book §2-27.

15-0582
O'Sullivan and Castillo

Compensation Review Board

Dahle v. Stop & Shop

'Date of Injury' Rule Required Offset for Social Security Benefits

The "date of the injury" rule provided that the law in effect as of the date of the injury would determine claimant's eligibility for workers' compensation benefits, regardless of subsequent amendments.

6035 CRB-6-15-10
Mastropietro, with Schoolcraft and Barton

United States Court of Appeals for the Second Circuit

Walker v. Lynch

Jamaican Petitioner Who Was Gay Won Remand on Torture Claims

The Convention Against Torture applied to torture committed by or acquiesced in by government actors.

15-184

New Britain J.D., at New Britain

Second Taxing Dist. of the City of Norwalk v. Town of Wilton

Town Over Assessed $9.3 Million Reservoir Land at $22.9 Million

A court could consider the sales of comparable properties when it decided the fair market value of plaintiff's property.

CV13-6027067
Aronson, J.T.R.

Hartford J.D., at Hartford

Town of Manchester v. L&J Manchester

Purpose of Easements Created Decades Ago Was Not Frustrated

A court was not persuaded that the purpose of cross easements had been frustrated as a result of changed circumstances and that the cross easements should be judicially terminated.

CV14-6052696
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Murray v. Aparicio

Apparent 1st Impression on Removal of Part of Shared Driveway's Gate

Plaintiff, when he unilaterally removed part of the gate at the end of his shared driveway, rendered the remainder of the gate essentially useless and wrongly interfered with his neighbor's right to close the gate and to protect his property.

CV12-6014866
Heller, J.

New London J.D., at New London

Ward v. Rouhana

Plaintiffs Alleged Defendants Knew Driver Abused Controlled Substances

Allegations that defendants did not conduct an adequate pre-hiring check and allowed the driver to operate a tractor-trailer although they knew, or should have known, that the driver abused controlled or illegal substances, were sufficient to state a claim for negligent hiring.

CV15-6024678
Bates, J.

Waterbury J.D., at Waterbury

Senk v. Zoning Comm'n of the City of Waterbury

Regulation for Wireless Facility Only Applied to New Buildings

A zoning commission did not abuse its discretion when it found that a zoning regulation that governed the size of wireless communications facilities applied only to new and stand-alone buildings.

CV14-6024989
Brazzel-Massaro, J.

Litchfield J.D., at Bantam (Housing Session)

Greenbaum v. Harrigan

Relative who Co-Signed Lease was Not Responsible After Lease Ended

A relative who co-signed defendants' lease did not intend to extend the guarantee beyond the term of the lease that he signed.

CV-15736
Gallagher, J.T.R.

Hartford J.D., at Hartford

Levin v. State of Conn.

Mother's Estate Lacked Valid MedMal Claim Against State of Conn.

A nonpatient third party lacked a cause of action against the State of Connecticut for medical malpractice.

CV15-6063223
Elgo, J.

Waterbury J.D., at Waterbury

Hofler v. Petersen

Pro Se Plaintiff Did Not Obtain Adequate Written Medical Opinion

A pro se medical-malpractice plaintiff was not excused from the requirement that she obtain a written medical opinion from a similar healthcare provider, and a letter that did not indicate the author's area of expertise or provide an opinion related to plaintiff's medmal claim was not adequate.

CV15-5017373
Brazzel-Massaro, J.

New London J.D., at Norwich

Henderson v. Henderson

Wife Who Loaned Husband $69,000 Awarded Alimony of $400 per Month

A court found that a wife who loaned her husband $69,000 after they separated, because she hoped that they would reconcile, was entitled to alimony of $400 per month and not entitled to enforce the signed promissory note for $69,000.

FA15-6100699
Diana, J.

New London J.D., at New London

Feraco v. A. Duie Pyle

Car Driver 25 Percent Responsible For Collision with Tractor-Trailer

A court could find a car driver 25 percent responsible for a collision with a tractor-trailer.

CV13-6017615
Bates, J.

Stamford/Norwalk J.D., G.A. #1

State v. Smith; State v. Strong; State v. Carter

Police Reasonably Suspected Defendants Intended to Steal SUVs

When the police observed unusual conduct that led them to reasonably suspect that criminal activity might be taking place, police could briefly stop the suspect and make reasonable inquiries.

CR15-0186356, CR15-0186357 and CR15-0186358
Blawie, J.

New Britain J.D., at New Britain

State v. Skinner

State Did Not Timely Commence Prosecution for Sexual Assault

The State of Connecticut was required to commence a prosecution of defendant, in connection with an alleged March 8, 2009 sexual assault, on or before March 8, 2014.

CR15-0276339
Keegan, J.

Stamford/Norwalk J.D., at Stamford

Knight v. Brog

Former Skadden Arps Lawyer To Pay Wife $13,000 per Month

A court can consider the parties' earning capacities and education when it awards unallocated alimony and child support.

FA13-4026444
Colin, J.

New London J.D., at New London

Tischer v. Taylor

Genuine Issue if Landlord Knew about Dog Owned by Tenant's Employee

Genuine issues of material fact barred a church's motion for summary judgment on a claim it controlled the property it leased to a tenant and had constructive notice that a dog with a tendency to bite was on the property.

CV15-6024237
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

Tice v. Bush

$55,740 in Damages for Malicious Prosecution Reversed

If police had probable cause to arrest, the arrestee might not possess a cause of action based on defendant's reasonably accurate report to the police.

CV14-6023210
Povodator, J.

Hartford J.D., at Hartford

D'Attilo v. Conn. Statewide Grievance Comm.

MedMal Plaintiffs Protested Dismissal of Grievance Complaint

Plaintiffs who filed grievance complaints lacked the right to seek review of the dismissal of the grievance complainants.

CV16-6065012
Sheridan, J.

New Haven J.D., at Meriden

D.F.C. of Meriden v. Meriden Planning Comm'n

1st Impression on Exemption for Billboard with 'Public Purpose'

Connecticut General Statutes §8-2(a) permitted municipalities to exempt municipal property from zoning regulations.

CV13-6006524
Cronan, J.

Hartford J.D., at Hartford

Bawuah v. Utopia Home Care

Alleged Hot Water Injury Did Not Involve Medical Malpractice

Allegations that defendant's employee helped plaintiff shower and that plaintiff was injured because the temperature of the water was excessively high sounded in ordinary negligence, as opposed to medical malpractice, and plaintiff was not required to provide a written opinion from a similar health care provider.

CV16-6065719
Noble, J.

New Haven J.D., at New Haven

Sulpasso v. Sulpasso

Husband Who Alleged Ex-Wife Stalked Won Restraining Order

Connecticut General Statutes '46b-15 permitted a court to issue a restraining order against a former spouse, even if the spouse did not engage in "stalking" as defined by C.G.S. §53a-181d.

FA16-4068976
Shluger, J.

New Haven J.D., at New Haven

Jamison v. Jamison

Wife with Serious Illness Had Life Expectancy of Only One Year

A court could find a party in willful contempt of court, if the party willfully failed to comply with a clear and unambiguous court order.

FA05-4006337
Goodrow, J.

New London J.D., at Waterford

In re Samuel

Stepfather Allegedly Threw Baby, Flicked its Penis and Pinched it

A court could terminate the rights of biological parents, as a result of alleged sexual assault, risk of injury to a minor and predictive neglect.

K09-CP14-013826
Driscoll, J.

New Haven J.D., at Meriden

Duran v. Duran

Former Air Industries CEO Proved Substantial Change in Circumstances

A court could find a substantial change in circumstances, as a result of the husband's loss of high-level employment.

FA10-4013910
Klatt, J.

Waterbury J.D., at Waterbury

Hurley v. Naugatuck Bd. of Educ.

Administrative Remedies for Constructive Discharge Not Exhausted

Plaintiff's constructive discharge claim did not arise until after plaintiff filed a complaint with the Connecticut Commission on Human Rights and Opportunities.

CV15-6029009
Roraback, J.

Stamford/Norwalk J.D., at Stamford

Michel v. Malloy

Newly Enrolled Candidate Was Not Eligible to Act as a Circulator

A citizen could be required to wait 90 days after he changed his party affiliation, prior to acting as a circulator who collected signatures.

CV16-5015771
Lee, J.

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

State v. Gula

Adjunct University Prof Won Motion to Suppress Confession

A court could suppress a confession made by an adjunct university professor who received an unequivocal promise from law enforcement that he would not be arrested.

CR15-0279666
Moll, J.

Fairfield J.D., at Bridgeport

Conn. Amusement v. Sunstar Vending

Jukebox Company Did Not Prove Wrongful Interference

To prevail on a claim for wrongful interference with business relationships, plaintiffs were required to prove that defendant knew that plaintiffs had a contractual relationship with a customer.

CV14-6040375
Thim, J.T.R.

New Haven J.D., at New Haven

Eder v. Reid

Litigant Won Protective Order to Prevent Second Deposition

Defendants might not be entitled to conduct a second deposition, to obtain an update about any changes to plaintiff's medical condition.

CV13-6041461
Wilson, J.

United States District Court

Norman v. Bayer

Customer Did Not Adequately Allege Manufacturing Defect

To allege a manufacturing defect claim in connection with a Class III medical device, a plaintiff must allege that a manufacturer did not make the device pursuant to FDA specifications.

3:16cv243
Meyer, J.

United States District Court

Angione v. Sikorsky Aircraft

Long-Time Temporary Worker Did Not Prove Age Discrimination

An at-will, temporary worker who allegedly violated his employer's computer policy when he used a company computer to conduct personal business might not possess a viable cause of action for discharge on the basis of age discrimination.

3:14cv1049
Bryant, J.

United States District Court

United States v. Barneys

Lawyer Defendant Moved to Sever Case from Co-Defendant

A court could grant a motion to sever, if a serious risk existed that a joint trial could compromise a specific trial right of one of the defendants or prevent the jury from making a reliable judgment about guilty or innocence.

3:16cr29
Shea, J.

United States District Court

Singer v. The Priceline Grp.

'Name Your Own Price' Customer Did Not Prove Breach of Contract

A court dismissed a "name your own price" customer's claim that he was unaware until he arrived at a hotel that he would be required to pay a mandatory "resort fee."

3:15cv1090
Bolden, J.

United States District Court

Jusino v. Frayne

Inmate who Swallowed Batteries Alleged Deliberate Indifference

Allegations that plaintiff inmate's requests for medical treatment were ignored, although plaintiff made several suicide attempts, were sufficient to state a claim for deliberate indifference to a serious medical need.

3:16cv961
Shea, J.

Connecticut Appellate Court

A Better Way Wholesale Autos v. Comm'r of Motor Vehicles

Car Dealership Won Reversal of Claim it Violated C.G.S. §14-54(a)

Connecticut General Statutes §14-54(a) required that automobile dealers that wished to obtain a license to deal in motor vehicles obtain a certificate of approval from local officials and present that certificate to the commissioner of the Department of Motor Vehicles.

AC 37402
Agati, J.

Connecticut Appellate Court

Holdmeyer v. Thomas

Landlord Decided to Evict Tenant who Complained about Bed Bugs

A presumption of retaliatory eviction existed, if a landlord commenced a summary-process action within six months of the date that the tenant made a complaint to the health district about bed bugs.

AC 37344
Beach, J.

Connecticut Appellate Court

Ill v. Manzo-Ill

P.B. §14-3 Allowed Court to Dismiss for Failure to Prosecute Diligently

Practice Book §14-3 permitted a court to dismiss a motion to modify alimony, if the motion was not prosecuted with reasonable diligence.

AC 37070
Keller, J.

Connecticut Appellate Court

Astoria Fed. Mort. v. Genesis

Apparent First Impression on Foreclosure of Mechanic's Lien

The assignment of a mechanic's lien need not be recorded, for the assignee to possess standing to foreclose the mechanic's lien.

AC 37754
Keller, J.

Connecticut Supreme Court

In re Egypt

Order Not Entered Properly in Case of Child with Six Broken Bones

In a termination of parental rights case, failure to provide proper notice to the biological parents could affect their right to due process of law and require remand.

SC 19643 and 19644
Eveleigh, J.

State Elections Enforcement Commission

Complaint by: Wyatt-Giesing

First Impression on Appointments of Registrars of Voters in New London

Connecticut General Statutes §9-192 provided that unless "otherwise provided . . . in the absence of either registrar of voters, his deputy . . . shall have all the powers conferred, and may perform any of the duties imposed, upon such registrar."

2015-092
Castagno, Chair

Freedom of Information Commission

Zhdanov v. Pres., Univ. of Conn.

Attorney-Client Privilege Did Not Protect Certain Emails

The attorney-client privilege covered communications transmitted in confidence between a public agency client and a government attorney.

FIC 2015-773
Freedom of Information Commission

Freedom of Information Commission

Mendieta v. Schriro

Cheshire Inmate Requested Waiver of Statutory Copying Fee

The fee waiver provision for indigent individuals in Connecticut General Statutes §1-212(d)(1) did not apply to an $8 fee charged by the commissioner of public safety for motor-vehicle accident and investigative reports.

FIC 2015-628
Freedom of Information Commission

Board of Mediation and Arbitration

Bridgeport Housing Auth. and AFSCME, Council 4, Local 1303-430

Arbitrators Reduced Accountant's Discharge to Five-Month Suspension

Arbitrators could enforce a collective bargaining contract that required that the employer administer discipline in a progressive manner.

2016-A-0144
Diaz, Shea and Johnson

United States Court of Appeals for the Second Circuit

Steginsky v. Xcelera

Named Plaintiff's Claims Were Not Typical of those of the Class

A court could deny a motion for class certification, if the named plaintiff's claims were not typical of those of the class.

15-1885-cv

Hartford J.D., at Hartford

Johnston v. Carriage House I - Enfield Assoc.

Unit Owners Alleged Condo Association Issued Too Many Orders

Allegations that a condo association issued too many cease-and-desist orders against unit owners were insufficient to state claims for private nuisance, false imprisonment or emotional distress.

CV15-6058599
Dubay, J.

Hartford J.D., at Hartford

Landmark Development Group v. East Lyme Water & Sewer Comm'n

Plaintiffs' Project Was Barred by Board's Allocation of Sewer Capacity

A sewer commission was required to consider the demands of plaintiffs' project and the effect on remaining sewer capacity when it allocated sewer capacity.

CV15-6056637
Cohn, J.T.R.

New London J.D., at New London

Nicasia v. Mickens

Mother of Victim Cannot Prevail on Bystander Emotional-Distress Claim

Plaintiff mother failed to allege emotional distress so severe that no reasonable individual could have been expected to endure it and that was medically significant, as required to prevail on a claim for bystander emotional distress.

CV14-6022088
Vacchelli, J.

Hartford J.D., at Hartford (Land Use Docket)

Seaview Cove v. Planning and Zoning Bd.

Board Denied Affordable Housing Request without Explaining Rationale

Generally, municipal boards that vote against affordable housing were required to explain the specific public interests in health, safety or other matters that were more important than the need for affordable housing.

CV16-6065739
Berger, J.

Hartford J.D., at Hartford

OneBeacon Am. Ins. v. Hanover Ins.

Unambiguous 'Act of Malice' Exclusion Barred Insurance Coverage

An "act of malice" exclusion was clear and ambiguous, even though the exclusion appeared in an endorsement to the insurance policy.

CV15-6057541
Noble, J.

New Haven J.D., at New Haven

Nolen-Hoeksema v. Maquet Cardiopulmonary

Oxygenator Did Not Qualify as 'Implant' under Biomaterials Act

A blood oxygenator device that functioned in conjunction with several other apparatuses and that was not directly inserted into the patient's body did not qualify as an "implant."

CV14-6049888
Frechette, J.

Stamford/Norwalk J.D., at Stamford

Stephan v. Stephan

Husband Who Once Earned $500,000 per Year Requested Alimony

A court could find that a party with "significant vocational skills" and demonstrated earning capacity was not entitled to alimony.

FA15-6024498
Colin, J.

New London J.D., at Norwich

Santacroce v. Santacroce

Wife Who Earned More Was Not Required to Pay Child Support

A court could depart from child support guidelines based on shared parenting, incomes that were substantially similar and the best interests of the minor child.

FA16-6101106
Connors, J.

Stamford/Norwalk J.D., at Stamford

Hoskinson v. Hoskinson

Wife of Colbert Show Producer Not Entitled to Modification of Alimony

A party who proved a substantial change in circumstance could be entitled to a modification of alimony.

FA10-4019463
Colins, J.

Hartford J.D., at Hartford

Harmon v. Univ. of Conn. Health Ctr.

African-American Dentist Did Not Prove that She Was Qualified

To establish a prima facie case of race discrimination, plaintiff was required to prove: (1) she belonged to a protected class; (2) she was qualified; and (3) she suffered an adverse employment action in circumstances that led to an inference of discriminatory animus.

CV13-6045781
Elgo, J.

Fairfield J.D., at Bridgeport

Pettway v. Thomas

Plaintiff Not Entitled to Non-Economic Damages for Motor-Vehicle Accident

A plaintiff who was injured in a motor-vehicle accident might not be entitled to non-economic damages, for pain and suffering.

CV14-6045405
Kamp, J.

Fairfield J.D., at Bridgeport

Bochicchio v. Lloyd's Taxi of Darien

New Owner of Norwalk Yellow Cab Requested Indemnity from Prior Owner

A previous owner might not be responsible for claims that the new owner manipulated the company to deplete it of resources.

CV15-6048126
Wenzel, J.

New Haven J.D., at New Haven

MDB Beauty v. Serio

Plaintiff who Alleged Breach of Contract Won $2,500 Attorney Fee

A plaintiff who filed a suit in small claims court could be entitled to attorney fees, if defendant transferred the case to the regular docket.

CV15-5036331
Zoarski, J.T.R.

Stamford/Norwalk J.D., at Stamford

Conn v. Wavecrest Prop.

Attorney Fees Reduced 10 Percent as Result of 'Excessive Staffing'

A court could reduce an attorney fee award, because junior attorneys who billed at lower rates were not utilized.

CV13-6019940
Lee, J.

United States District Court

Principal Nat'l Life Ins. v. Coassin

Misrepresentations in Application for $10 Million Policy Were Not Material

A life insurance policy could be rescinded, if the applicant knowingly made a misrepresentation that was "material" to the insurance company's decision to insure.

3:13cv1520
Arterton, J.

United States District Court

United States v. Ahuja

Government Alleged Dr. Dispensed Controlled Substances to Relatives

The government adequately alleged that a doctor who allegedly dispensed controlled substances to family members and answered investigators' questions inconsistently and inaccurately violated the Controlled Substances Act.

3:14cv1558
Hall, J.

United States District Court

Morales v. Weiss

Undocumented Alien Immigrant from Guatemala Sued Cops and Prosecutors

A prosecutor who engaged in administrative duties that were directly connected to the conduct of a trial was entitled to absolute immunity.

3:11cv1204
Eginton, J.

United States District Court

Vale v. City of New Haven

Supervisor Allegedly Called Female, 44-Year-Old Police Recruit 'Grandma'

Allegations that a training supervisor repeatedly called a female, 44-year-old police recruit "grandma" and "motherly" were sufficient to create a genuine issue of material fact on the recruit's claim that she was discharged as a result of age discrimination.

3:11cv632
Haight, J.

United States District Court

Grenier v. Stamford Hosp.

Court Recognized Federal Peer Review Privilege in EMTALA Case

The medical peer review privilege should apply in an EMTALA, or Emergency Medical Treatment and Active Labor Act, case.

3:14cv970
Bryant, J.

United States District Court

Davis v. Falcone

Inmate Alleged Lack of Dental Care for 8 Months Violated 8th Amendment

Allegations that plaintiff prisoner's mouth hurt so much that for eight months he woke up at night because of pain could be sufficient to state a claim for deliberate indifference to a serious medical need.

3:16cv1117
Meyer, J.

United States District Court

Miller v. Sutton

Suit Against Disciplinary Counsel Dismissed Pursuant to Younger

A court abstained from making a decision on an African-American attorney's claims that Connecticut's chief disciplinary counsel, Karyl Carrasquilla, and bar counsel for the Statewide Grievance Committee, Michael Bowler, violated her rights under the Equal Protection Clause and the Due Process Clause.

3:15cv1111
Shea, J.

United States District Court

Murray v. Miron

Plaintiff Who Did Not Provide Damages Computation to Pay $525

A plaintiff who failed to provide a damages analysis that complied with Fed. R. Civ. P. 26(a)(1) could be ordered to pay attorney fees.

3:11cv629
Margolis, J.

Connecticut Appellate Court

Keller v. Keller

Attorney Fees Awarded under Bad-Faith Exception to American Rule

A wife who allegedly entered the former marital residence and stole the husband's computer hard drive, personal items and garbage, in violation of court orders, could be ordered to pay attorney fees.

AC 37263 and AC 37560
Mihalakos, J.

Connecticut Appellate Court

Sys. Pros v. Kasica

President Failed to Substantiate Claim for $467,785 for Loss of Wages

The trial court wrongly awarded $467,785 for loss of wages after defendant vice president allegedly locked out plaintiff president.

AC 37105
Gruendel, J

Connecticut Appellate Court

Cornelius v. Rosario

Motion for Attorney Fees was Not Filed Timely, within 30 Days

Practice Book §11-21 provided that motions for attorney fees were to be filed with the trial court within 30 days of the date on which the final judgment of the trial court was issued.

AC 37210
DiPentima, C.J.

Connecticut Supreme Court

Shannon v. Comm'r of Housing

Regulation that Barred Housing Assistance Was Not Retroactive

Application of the 2012 law that provided that most individuals on the sex offender registry were ineligible for housing assistance was retroactive in connection with a blind individual who received housing assistance since 2009.

SC 19562
Robinson, J.

Freedom of Information Commission

Karagozian v. Bd. of Exam'r for Opticians

Citizen Not Entitled to Copy of Tape that Chair Recorded on Own Recorder

If the chair of a public agency used his own tape recorder to tape a meeting, a member of the public might not be entitled to a copy of the tape.

FIC 2015-743
Freedom of Information Commission

Freedom of Information Commission

Dumas v. Harkins

Municipal Defendant Did Not Comply with Promptness Requirement

Connecticut General Statutes §1-212(a) provided that any "person applying in writing shall receive promptly upon request, a plain, facsimile, electronic or certified copy of any public record."

FIC 2015-599
Freedom of Information Commission

Freedom of Information Commission

Bielik v. Cullen

Board Convened in Executive Session to Discuss Selling Elementary School

Connecticut General Statutes §1-200(6) permitted a board to convene in executive session to discuss the sale of real estate, if discussion in an open session might adversely affect the price.

FIC 2015-772
Freedom of Information Commission

Compensation Review Board

Singh v. CVS

Diabetic Worker Injured Great Toe when He Unloaded Delivery Truck

A workers' compensation claimant possessed the burden to prove total disability as a result of a work-related injury.

6038 CRB 7-15-10
Mastropietro, with Walker and Salerno

Board of Mediation and Arbitration

Hartford Housing Auth. and AFSCME, Council 4, Local 1161

Worker Who Arrived Early Received One Hour of Overtime Pay

A collective bargaining contract could provide that a worker who arrived early, prior to his regular work shift, was entitled to overtime pay.

2016-A-0033
Celentano, Esq.

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 4, Local 1361

Board Wrongly Ordered Cop to Obtain a Third Doctor's Opinion

The successor collective bargaining contract was in effect when a pension board considered a disabled police officer's request for disability benefits.

2016-A-0192
Pittocco, Brown and Lipton

United States Court of Appeals for the Second Circuit

Carter v. Brennan

Post Office Employee Did Not Timely Exhaust Administrative Remedies

A post office employee who alleged that he was subjected to age discrimination was required to file a claim with the Equal Employment Opportunity Commission within 45 days of discharge to exhaust administrative remedies.

15-1837-cv

New Britain J.D., at New Britain

Zak-Rejinak v. Rejniak

Child Allegedly Distributed Mother's Property Prior to Death

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

CV15-6029937
Swienton, J.

New Britain J.D., at New Britain

BKR v. Town of Rocky Hill

Town Did Not Correctly Compute Size of West Side Marketplace Store

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

CV14-6025202
Aronson, J.T.R.

Waterbury J.D., at Waterbury

Bilotto v. Dudzikowski

Tenant Not Responsible for Police Officer's Slip and Fall

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

CV14-6023023
Roraback, J.

Hartford J.D., at Hartford

Schnaars v. Subramaniam

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

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

CV15-6062006
Dubay, J.

Stamford/Norwalk J.D., at Stamford

Clark v. Clark

Former Wife Refused to Sign 'Making Home Affordable' Form

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

FA06-4009453
Jacobs, J.

Fairfield J.D., at Bridgeport

Lopez v. City of Bridgeport

Mother Alleged Special Ed Child Was Sexually Attacked by Classmate

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

CV15-6051932
Bellis, J.

Hartford J.D., at Hartford

State v. Brown

Sentence of 55 Years for Shooting Victim of Robbery Affirmed

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

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

Ansonia/Milford J.D., at Milford

State v. Bristol

Five Years for Second-Degree Assault with Pickup Truck Affirmed

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

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

Fairfield J.D., at Bridgeport

DeMattia v. Bank of Am.

Borrower Adequately Alleged Bank of America Violated CUTPA

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

CV14-6041948
Wenzel, J.

United States District Court

Huerta v. Haughwout

FAA Could Enforce Subpoenas Against Alleged Maker of YouTube Drone Video

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

3:16cv358
Meyer, J.

United States District Court

LaFountain v. Smith ' Nephew

Allegedly, Hip Replacement Parts Corroded and Released Metal Debris

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

3:14cv1598
Eginton, J.

United States District Court

Edwards v. Stewart

Suit Against Hamden Police Alleged Emotional Distress, Tortious Conduct

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

3:15cv1257
Haight, J.

United States District Court

Pettengill v. Fireman's Fund Ins.

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

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

3:13cv154
Eginton, J.

Connecticut Appellate Court

Amica Mut. Ins. v. Muldowney

Tenants Left Property in Winter without Enough Oil for Furnace

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

AC 37721
Beach, J.

Connecticut Appellate Court

Mensah v. Mensah

Length of Marriage Did Not Merit Automatic Award of Alimony

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

AC 37412
Beach, J.

Connecticut Appellate Court

Fiona v. Kevin

Alleged Threat to Slit Throat Was Insufficient to Prove Stalking

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

AC 38495
DiPentima, J.

Connecticut Appellate Court

Computer Reporting Serv. v. Lovejoy and Assoc.

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

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

AC 37257
Prescott, J.

Connecticut Appellate Court

Bloch v. Ullman

Pro Se Who Sued Attorneys Did Not File Timely Recognizance Bond

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

AC 37847
Lavine, J.

Connecticut Supreme Court

Gershuny v. Gershuny

Legislature Recognized Marriages Performed by Fake New York 'Rabbi'

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

SC 19647
Per Curiam

Connecticut Supreme Court

State v. Arias

Office Manager Sought to Suppress Statement at Police Station

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

SC 19587
Vertefeuille, J.

Connecticut Supreme Court

State v. Perez

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

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

SC 19285
Palmer, J.

Connecticut Supreme Court

Webb v. Comm'r of Correction

Convicted Murderer Daniel Webb Won Reversal of Death Penalty

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

SC 18857
Per Curiam

Connecticut Supreme Court

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

African-American Volunteer Did Not Qualify as 'Employee'

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

SC 19496
McDonald, J.

State Elections Enforcement Commission

Complaint by: Godbout

Complainant Did Not Prove that Respondents Violated 75-Foot Rule

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

2015-161
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Davis

No Proof Selectman Used Public Funds to Write Letter Against Referendum

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

2016-036
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Bushior

Certificate of Party Endorsement Had Candidate's Faxed Signature

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

2016-007
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Arras

First Selectman Removed 'Please Vote No' Signs Before Referendum

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

2016-003
Castagno, Chair

Freedom of Information Commission

Tanner v. Maniago

Prisoner Did Not Prove that Torrington Police Withheld Records

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

FIC 2015-666
Freedom of Information Commission

United States Court of Appeals for the Second Circuit

Arzuaga v. Pafumi

Conn. District Court Wrongly Revoked Inmate's IFP Status

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

15-1112-cv

Compensation Review Board

DeOliveira v. Florenee Cleaning

Motor-Vehicle Accident En Route to Work Was Compensable

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

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

Commission on Human Rights and Opportunities

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

Diabetic Jeweler Did Not Prove Employer of 17 Years Discriminated

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

1110081
Wright, Presiding Human Rights Referee

United States Court of Appeals for the Second Circuit

United States v. Faux

Defendant Who Was Interrogated Was Not in Government's Custody

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

15-1282-cr
Jacbos, J.

New Haven J.D., at New Haven

Robinson v. Carr

Real Estate Broker Alleged that Plaintiff Signed General Release

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

CV14-6048389
Wilson, J.

Hartford J.D., at Hartford

Narvaez v. La Fonda Bar-Rest.

Alleged Assailants Were Not Identified in Dram Shop Act Suit

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

CV15-6063785
Noble, J.

New Haven J.D., at New Haven

Haynes v. Campbell

Landowners Lacked Duty of Care to Passerby Allegedly Bitten by Dog

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

CV15-6051503
Fischer, J.

New Haven J.D., at New Haven

Azzaro v. Westbrook

Tree Trimmer who Allegedly Fell Was an Independent Contractor

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

CV15-6052990
Blue, J.

Middlesex J.D., at Middletown

Keyes v. LaFlamme

Driver Adequately Alleged Contributory Recklessness

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

CV15-6014594
Aurigemma, J.

Waterbury J.D., at Waterbury

Feingold v. Watermark/Alsa

Nursing Home Resident who Fell Did Not Obtain Written Opinion

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

CV15-6026978
Brazzel-Massaro, J.

Waterbury J.D., at Waterbury

Olsen v. Olsen

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

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

FA15-5017178
Nastri, J.

Hartford J.D., at Hartford

In re Jeremiah M-R

Kids Allegedly Observed Father Engage in Domestic Violence

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

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

Fairfield J.D., at Bridgeport

Daley v. J.B. Hunt Transport

African-American Alleged Prima Facie Case of Disparate Treatment

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

CV13-6039686
Wenzel, J.

Fairfield J.D., at Bridgeport

State v. McAlister

Teen Imprisoned for 1963 Murder Committed More Crimes

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

CR64-15765 and CR64-15711
Devlin, J.

New Britain J.D., at New Britain

State v. Labarge

65 Years for Brutal Murder with Baseball Bat and Knife Affirmed

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

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

Fairfield J.D., at Bridgeport

Jimenez-Arias v. Seyal

Contractor Did Not Comply with Home Improvement Act

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

CV15-5031015
Rush, J.T.R.

Hartford J.D., at Hartford

Giuliano v. Porsche Cars N. Am.

Plaintiff Failed to Prove that 2014 Porsche Cayenne Engine Malfunctioned

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

CV16-6065009
Dubay, J.

Hartford J.D., at Hartford

State v. Sebben

Defendant Alleged Claims for Costs of Prison Violated Equal Protection

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

CV15-5039364
Epstein, J.

United States District Court

Drimal v. Makol

Agents who Conducted Wire Tap Not Entitled to Qualified Immunity

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

3:12cv717
Eginton, J.

United States District Court

Beyer v. Anchor Insulation

Plaintiffs Missed Deadline for Addition to Expert Report

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

3:13cv1576
Margolis, J.

United States District Court

Poitras v. ConnectiCare

Employer Discharged Worker who Posted Pictures of Herself Dancing

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

3:14cv981
Bolden, J.

United States District Court

Cadena v. A-E Contracting

Defendant in FLSA Case Ordered to Pay Reasonable Attorney Fees

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

3:08cv574
FitzSimmons, J.

Connecticut Supreme Court

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

Towing Company Overcharged Consumer for Use of 1140 Rotator Truck

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

SC 19454
Zarella, J.

Connecticut Supreme Court

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

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

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

SC 19453
Zarella, J.

Connecticut Supreme Court

State v. Connor

State Lacked Opportunity to Be Heard on Dispositive Issue

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

SC 19421
McDonald, J.

Statewide Grievance Committee

New London J.D. Grievance Panel v. Leary

New London Attorney Admitted Contacting Prospective Clients

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

15-0695
Riccio, Gill and Sullivan

Statewide Grievance Committee

Harris v. Lipsky

Personal-Injury Client Allegedly Did Not Receive Settlement Funds

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

15-0516
Koffsky, Sansone and Sheridan

Statewide Grievance Committee

Hankerson v. Vickery

Convicted Felon Alleged Appellate Attorney Did Not Keep Him Informed

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

15-0517
Goulden and Slossberg

Statewide Grievance Committee

Dore v. Giacomi

Waterbury Attorney to Take Legal Education Course on Legal Ethics

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

15-0383
Riccio and Gill

State Elections Enforcement Commission

Complaint by: Pivirotto

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

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

2016-006
Castagno, Chair

New Haven J.D., at New Haven

Gaetano v. Pluchino

Parties Who Ended Relationship to Sell and to Divide Net Proceeds

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

CV15-6053139
Burke, J.

Fairfield J.D., at Bridgeport

Kunschaft v. Kunschaft

Ex-Husband Proved Change in Finances as Result of Cohabitation

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

FA10-4032600
Adelman, J.T.R.

Stamford/Norwalk J.D., at Stamford

Keusch v. Keusch

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

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

FA14-4026981
Tindill, J.

New Haven J.D., at New Haven

Kaf v. Soliman

Husband who Allegedly Was Sexually Abusive at Greater Fault

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

FA14-4062659
Shluger, J.

New London J.D., at Norwich

Brown v. Brown

Husband in Willful Contempt for Failure to Pay College Tuition

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

FA06-4104682
Hadden, J.

New London J.D., at New London

Rice v. Ryders Health Mgmt

Worker Prevailed on Wrongful Discharge and Emotional Distress

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

CV11-6008602 and CV13-6016915
Vacchelli, J.

Stamford/Norwalk J.D., at Stamford

O'Hara v. O'Hara

Litigant Ordered to Request Permission, Prior to Filing Motions

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

FA04-4001078
Jacobs, J.

Stamford/Norwalk J.D., at Stamford

R&W Staffing v. O'Hara

Staffing Company Alleged it Was Entitled to Conversion Fee

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

CV14-6023282
Adams, J.T.R.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. TD Bank

Plaintiff Alleged TD Bank Deprived it of Pick-Up Fees

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

CV10-6007649
Moukawsher, J.

New Haven J.D., at New Haven

Bonner v. City of New Haven

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

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

CV15-6058987
Wilson, J.

United States District Court

Pelletier v. Purdue Pharma

Worker Did Not Allege Sex Discrimination Based on Stereotyping

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

3:15cv233
Meyer, J.

United States District Court

UCF I Trust I v. DiMenna

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

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

3:16cv156
Bolden, J.

United States District Court

MGM Resorts Int'l v. Malloy

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

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

3:15cv1182
Thompson, J.

United States District Court

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

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

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

3:15cv1058
Bryant, J.

Connecticut Supreme Court

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

Inland-Wetlands Lacked Jurisdiction Over Road Construction on Forest Land

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

SC 19591
Espinosa, J.

Connecticut Supreme Court

McKeon v. Lennon

Stock Options Wrongly Excluded from Computation of Gross Income

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

SC 19470
Zarella, J.

Connecticut Supreme Court

State v. Buhl

Facebook Posts Were Sufficient to Convict on Breach of Peace

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

SC 19412 and SC 19413
Robinson, J.

Connecticut Supreme Court

State v. Drakes

Forcible Collection of DNA Did Not Violate Double Jeopardy

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

SC 19247
Espinosa, J.

Connecticut Supreme Court

State v. Banks

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

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

SC 19246
Espinosa, J.

Freedom of Information Commission

Paulsen v. Superintendent of Sch., Bethel Public Schools

School Reasonably Charged $20 to Use Smartphone to Photo Records

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

FIC 2015-663
Freedom of Information Commission

Freedom of Information Commission

Franklin v. Semple

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

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

FIC 2015-586
Freedom of Information Commission

Freedom of Information Commission

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

Arrest Warrant and Police Report Were Exempt from Disclosure

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

FIC 2015-815
Freedom of Information Commission

Compensation Review Board

Allen v. Conn. Transit

Conn. Transit Driver Falsely Claimed Chest Collided with Steering Wheel

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

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

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

Firefighter Allegedly Refused to Cooperate During Random Drug Test

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

2015-A-0533
Toomey, Podurgiel and Hampton

Board of Labor Relations

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

Union Proved City Harassed and Retaliated Against Union President

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

4898
Battey, Collins and Low

United States Court of Appeals for the Second Circuit

United States v. Cohan

Conn. Lawyer Alleged Government Materially Breached Loan Contract

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

15-2096-cv

United States Court of Appeals for the Second Circuit

Crenshaw v. City of New Haven

Prospective Firefighter Lacked Property Interest in Conditional Offer

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

15-3484-cv

Freedom of Information Commission

Congdon-Marr v. Lyons

Executive Session Held to Discuss Teacher Reassignments

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

FIC 2015-467
Freedom of Information Commission

Hartford J.D., at Hartford

Wild v. Cocivera

Kids Alleged Tortious Interference with Inheritance

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

CV14-6050575
Noble, J.

Waterbury J.D., at Waterbury

Wilson v. Wilson

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

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

FA10-4021347
Nastri, J.

New Haven J.D., at New Haven

Tribus v. Tribus

Italian Dad Won Permission to Travel with Child To Italy

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

FA16-6062219
Shluger, J.

New Haven J.D., at New Haven

Owens-Emenyonu v. Emenyonu

Wife of Nigerian Immigrant Awarded $100 Per Week

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

FA15-5035758
Shluger, J.

New Haven J.D., at New Haven

Hannon v. Hannon

Wife Was Caught Instructing Man to Beat up Ex-Husband

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

FA11-4046681
Goodrow, J.

New Haven J.D., at New Haven

Rajeh v. Hamden Bd. of Educ.

Eighth-Grade Student Alleged Distress from Bullies at School

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

CV14-6049904
Fischer, J.

New Haven J.D., at New Haven

State v. Russell

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

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

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

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

In re Charles

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

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

JV16-1030001
Gilligan, J.T.R.

New Britain J.D., at New Britain

Badeau v. Comm'r of Motor Vehicles

Driver who Failed Sobriety Tests Appealed License Suspension

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

CV16-6031885
Schuman, J.

Waterbury J.D., at Waterbury

Odenwaelder v. Fingold

Plaintiff Won $72,317 PJR Against Friend He Helped

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

CV16-5017696
Brazzel-Massaro, J.

United States District Court

Cope v. Wal-Mart

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

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

3:15cv1523
Haight, J.

United States District Court

Swinton v. Wright

Inmate Alleged Deliberate Indifference to Medical Need

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

3:16cv659
Underhill, J.

United States District Court

Westport Resources Mgmt. v. DeLaura

Former COO Allegedly Violated Noncompete Agreement

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

3:16cv873
Bolden, J.

United States District Court

Khedr v. IHOP Rest.

Muslim Wearing a Hijab Alleged Denial of Service

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

3:16cv105
Meyer, J.

Connecticut Appellate Court

Mettler v. Mettler

Order to Pay for Child's Activities Was Ambiguous

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

AC 37844
Lavine, J.

Connecticut Appellate Court

Brochard v. Brochard

Former Wife Requested Written Authority to Modify Mortgage

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

AC 37435
West, J.

Connecticut Appellate Court

Despres v. Comm'r of Correction

Petitioner Claimed Habeas Judge Presided Over Pretrial

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

AC 37566
Alvord, J.

Connecticut Appellate Court

Hayes Family v. Town of Glastonbury

Denial of Special Permit Did Not Result in Unconstitutional Taking

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

AC 37827
Alvord, J.

Connecticut Appellate Court

Hall v. Gulaid

Res Judicata Barred Claims by Plaintiff who Sued Wrong Defendant

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

AC 37901
DiPentima, J.

Connecticut Supreme Court

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

Order to Disclose Names of Animal Researchers Reversed

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

SC 19593 and 19594
Palmer, J.

Connecticut Supreme Court

State v. Sabato

Allegedly Defendant Threatened Potential Witness on Facebook

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

SC 19406 and SC 19407
Palmer, J.

Freedom of Information Commission

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

Police Withheld Records about Indecent Exposure Complaints

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

FIC 2015-653
Freedom of Information Commission

Compensation Review Board

Melendez v. Fresh Start Gen. Remodeling and Contracting

Part-Time, Temporary Worker Qualified as 'Employee'

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

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

Board of Mediation and Arbitration

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

Plymouth Reduced Secretarial Jobs to Part-Time to Save Money

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

2016-A-0041
Culhane and Blum – Shay dissented

Board of Mediation and Arbitration

Pepsi Beverages Co. and Teamsters, Local 145

Pepsi Discharged Worker who Provided Out-of-Date Product

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

2016-A-0269
Massa and Sullivan – Sevas dissented

Board of Mediation and Arbitration

MDC and AFSCME, Council 4, Local 184

Employer Added Two Hourly Workers to 'On Call' Rotation

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

2016-A-0273
Podurgiel and Webber – Shea dissented

United States Court of Appeals for the Second Circuit

Cedillo v. Lynch

Petitioner Move to Open and To Obtain Voluntary Departure

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

13-331

United States Court of Appeals for the Second Circuit

Dervishi v. Stamford Bd. of Educ.

Board of Ed Provided Free and Appropriate Public Education

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

15-2798

New Haven J.D., at New Haven

Kapoor v. United Illuminating

No Evidence that UI Knew About Potential Public Nuisance

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

CV10-6014849
Fischer, J.

New Haven J.D., at New Haven

Castro v. MacDonald

Tow Operator Alleged Driver Who Crashed Created a Public Nuisance

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

CV14-6050225
Alander, J.

Windham J.D., at Putnam

Burgess v. Samokar

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

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

CV15-6009644
Calmar, J.

Stamford/Norwalk J.D., at Stamford

Asher v. Ray

Owner Alleged Tenant Assumed the Risk of Dangerous, Falling Trees

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

CV16-6027538
Lee, J.

Hartford J.D., at Hartford

Smith v. Fayngersh

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

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

CV14-6050863
Wahla, J.

Fairfield J.D., at Bridgeport

Montefusco v. Town of Monroe

Driver Alleged Tree Warden Did Not Promptly Remove Rotten Tree

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

CV15-6048658
Radcliffe, J.

Stamford/Norwalk J.D., at Stamford

Kellogg v. City of Norwalk

Public Notice on Proposed Development Found Defective

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

CV15-5014630
Tobin, J.T.R.

New London J.D., at New London

Lafever v. Cambridge Mutual Fire Ins. Co.

Insurance Company's Adjuster Owned No Duty to Homeowners

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

CV15-6023771
Vacchelli, J.

Fairfield J.D., at Bridgeport

Edelson v. Dubinsky

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

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

FA12-4040496
Owens, J.T.R.

Stamford/Norwalk J.D., at Stamford

Brody v. Brody

Hedge Fund Founder's Former Wife in Willful Contempt

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

FA08-4014434
Tindill, J.

Waterbury J.D., at Waterbury

Bermudez v. Laholli

Mom Did Not Prove Father of Child Presented Current Danger

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

FA16-4036503
Nastri, J.

Ansonia/Milford J.D., at Milford

Barneby v. New England Sch. of Montessori

Parents Alleged Nursery School Wrongly Expelled their Child

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

CV15-6019330
Stevens, J.

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

State v. Grimes

Defendant Convicted of Violent Sex Assault to Register for Life

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

CR04-169970
Vitale, J.

Waterbury J.D., at Waterbury

State v. Ellis

55 Years for Teen who Allegedly Masterminded Shooting Affirmed

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

CR91-196561
Fasano, J.

New Haven J.D., at New Haven

Nat'l Coll. Student Loan Trust v. Caulker

Homeless Student Sought Debt Verification and Forbearance

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

CV15-6058389
Wilson, J.

United States District Court

Eberg v. United States Dep't of Def.

Female Vet Sought Records to Support Allegations of Harassment

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

3:14cv1696
Bolden, J.

United States District Court

Nastu v. Stamford Health Integrated Practices

Health Network Barred Patient who Made Doctor Fear for Safety

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

3:16cv292
Hall, J.

United States District Court

United States v. Bick

Jury Convicted Defendant of Money Laundering and Wire Fraud

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

3:15cr1
Meyer, J.

United States District Court

Springsted v. Valenti Motors

Plaintiffs Alleged Volkswagen Passat's Engine Was Not Adequate

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

3:16cv214
Arterton, J.

Connecticut Appellate Court

Disciplinary Counsel v. Williams

Decision to Suspend Attorney for 20 Days Reversed and Remanded

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

AC 37319
Mullins, J.

Connecticut Appellate Court

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

Board of Ed Member Did Not Recommend Approval of CBA

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

AC 37564
Alvord, J.

Connecticut Appellate Court

Washington v. Comm'r of Correction

No Proof Trial Counsel Did Not Provide Effective Assistance

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

AC 37420
Per Curiam

Connecticut Supreme Court

Reynolds v. Comm'r of Correction

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

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

SC 19071
Eveleigh, J.

Freedom of Information Commission

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

ACLU Requested Copies of Police Records Concerning Drones

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

FIC 2015-581
Freedom of Information Commission

Freedom of Information Commission

Mechare v. Downs

Discussion of Pay and Health Insurance Found Appropriate

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

FIC 2015-534
Freedom of Information Commission

Freedom of Information Commission

Gandolfo v. Grove Beach Point Ass'n

Complainants Sought Info about Amendment to Charter

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

FIC 2015-580
Freedom of Information Commission

Board of Mediation and Arbitration

City of Bridgeport and AFSCME, Council 4, Local 1159

Suspension for Harassing Civilian Reduced to 45 Days

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

2016-A-0071
Cain and Neary – Leverty dissented

United States District Court

United States v. Rowland

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

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

15-985
Carney, J.

United States Court of Appeals for the Second Circuit

Allen v. Verizon Wireless

Pro Se Plaintiffs Did Not File Amended Notice of Appeal

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

15-2392-cv

United States Court of Appeals for the Second Circuit

Gold v. Harrington

Estate Attorney Did Not Adequately Document Time

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

15-2310

Waterbury J.D., at Waterbury

Jarjura v. City of Waterbury

Municipality Did Not Correctly Compute Amount of Square Feet

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

CV13-6019213
Sheedy, J.T.R.

Windham J.D., at Putnam

Corbin v. HSBC Bank USA

Plaintiffs Alleged Neighbor Negligently Kept Decaying Tree

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

CV15-6009704
Calmar, J.

Middlesex J.D., at Middletown

Sweeney v. Jarzbek

$150,000 Prejudgment Remedy Awarded for Alleged Sex Assault

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

CV16-5008760
Aurigemma, J.

Fairfield J.D., at Bridgeport

Kim v. Velez

Rear-Ended Plaintiff Did Not Prove Defendant Caused Accident

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

CV15-6049618
Kamp, J.

Waterbury J.D., at Waterbury

Avendano v. Brass Mill Center

Mall Claimed Saturn Driver's Negligence Was Superceding Cause

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

CV14-6024332
Roraback, J.

New Britain J.D., at New Britain

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

Hospital Sought to Recover $77,803 in Litigation Costs

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

CV12-6016449
Wiese, J.

Litchfield J.D., at Litchfield

Johnson v. Johnson

Landlord Requested Additional Damages for Use and Occupancy

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

CV15-4015494
Pickard, J.

Hartford J.D., at Hartford

Nationwide Gen. Ins. v. Colon

State Was Immune from Insurer's Subrogation Claims

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

CV16-6065127
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Pritsker v. Keating

Police Possessed Probable Cause to Arrest Weston Attorney

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

CV14-5014277
Lee, J.

New London J.D., at Norwich

White v. White

Disabled Wife Found at Greater Fault for Dissolution

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

FA14-4123960
Diana, J.

New Haven J.D., at New Haven

Rondina v. Leonard

Absent Disclosures, Prenuptial Agreement Was Not Enforceable

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

FA16-6060569
Goodrow, J.

Stamford/Norwalk J.D., at Stamford

Fiscella v. Fiscella

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

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

FA15-5014521
Shay, J.T.R.

New Britain J.D., at New Britain

State v. Jacques

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

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

CR15-0128007
Jongbloed, J.

New Britain J.D., at New Britain

Lazzari v. Adm'r, Unemployment Comp. Act

Plaintiff Applied for Workers' and Unemployment Compensation

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

CV15-5017048
Abrams, J.

Hartford J.D., at Hartford

State v. Williams

10 Years for Unlawful Restraint Was Not Disproportionate

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

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

Stamford/Norwalk J.D., at Stamford

State v. McDowell

10 Years for Manslaughter with a Motor Vehicle Affirmed

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

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

New Britain J.D., at New Britain

State v. Greene

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

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

CR15-0277334
Keegan, J.

New Haven J.D., at New Haven

Nolen-Hoeksema v. Maquet Cardiopulonary

Complaint Was Amended To Subtract, then Add Medical Claims

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

CV14-6049888
Frechette, J.

United States District Court

Brown v. Simpson

Defamation Claim Against Shipman & Goodwin Dismissed

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

3:16cv781
Chatigny, J.

United States District Court

Smulley v. Webster Fin.

No Proof Judge Meyer Was Biased Against Pro Se Parties

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

3:15cv1383
Meyer, J.

United States District Court

Atlantic Cas. Ins. v. Robinson

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

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

3:15cv1631
Meyer, J.

United States District Court

Gilbert v. E.I. DuPont De Nemours

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

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

3:15cv988
Merriam, J.

United States District Court

Alston v. Delpeschio

Inmate Alleged Excessive Use of Force by Correction Officers

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

3:12cv147
Haight, J.

Connecticut Appellate Court

Lewis v. Bowden

Putative Father Moved to Open 1982 Paternity Judgment

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

AC 37741
Per Curiam

Connecticut Appellate Court

Dunn v. Etzel

General Release Unambiguously Released Claims Against Co-Worker

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

AC 37492
Beach, J.

Connecticut Appellate Court

State v. Acker

No Proof Defendant Who Worked at Animal Shelter Violated Probation

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

AC 38285
Per Curiam

Connecticut Supreme Court

Cefaratti v. Aranow

Apparent Agency Applied in Medical-Malpractice Case

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

SC 19443
Rogers, J.

Connecticut Supreme Court

State v. Devon

1st Impression on Comfort Dog for Child Sexual Assault Victim

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

SC 19379
Zarella, J.

United States Court of Appeals for the Second Circuit

United States v. Ganias

En Banc Court Reversed on Admissibility of Tax Evidence

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

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

United States Court of Appeals for the Second Circuit

United States v. Russow

Defendant Received Lengthy Extension to File his Appeal

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

15-1768

United States Court of Appeals for the Second Circuit

United States v. Crespo

Defendant Protested Restitution to Victims who Bought Fake Art

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

15-270, 15-2157

New Britain J.D., at New Britain

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

Appraiser Did Not Consider Storms, Floods and Insurance

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

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

Litchfield J.D., at Litchfield

Budney v. Town of New Hartford

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

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

CV15-6012270
Pickard, J.

Waterbury J.D., at Waterbury

Ragunauth v. Bisaillon

Petitioner Alleged Ex-Boyfriend Sent Anonymous Text Messages

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

FA16-4036486
Nastri, J.

New London J.D., at New London

Comm'r of Transp. v. Brown

DOT Underestimated Value of Taking for Niantic River Bridge

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

CV15-5014937
Devine, J.

New Haven J.D., at New Haven

Romero v. City of New Haven

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

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

CV13-6043218
Fischer, J.

Waterbury J.D., at Waterbury

Foster v. Foster v. Toyota Motor Sales

Owner Did Not Adequately Allege Toyota Had Exclusive Control

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

X10-CV13-6028741
Dooley, J.

Stamford/Norwalk J.D., at Stamford

Pritsker v. Keating

Massachusetts Lawyer Did Not Prove Judge Lee Was Biased

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

CV14-5014277
Lee, J.

Hartford J.D., at Hartford

Rashid v. Sarwat

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

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

FA15-5040511
Johnson, J.

Stamford/Norwalk J.D., at Stamford

Klabal v. Klabal

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

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

FA10-4019034
Jacobs, J.

Hartford J.D., at Hartford

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

Healthcare Coordinator Failed to Maintain Regular Attendance

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

CV14-6054624
Noble, J.

New London J.D., at New London

Scott v. Donovan

Plaintiff who Was 10 Percent Responsible Awarded $186,258

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

CV14-6020782
Devine, J.

New Haven J.D., at New Haven

Boone v. 210 Burwell Ave.

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

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

CV15-6053382
Zoarski, J.T.R.

Hartford J.D., at Hartford

State v. Young

22-Year-Old Won Sentence Reduction for Discharging Gun

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

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

Stamford/Norwalk J.D., at Stamford

State v. Lombardi

77-Year-Old Sought Sentence Reduction for Manslaughter

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

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

Stamford/Norwalk J.D., at Stamford

Law Offices of Frank N. Peluso v. Cotrone

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

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

CV09-5011618
Heller, J.

United States District Court

Presumey v. Town of Greenwich

Injured Worker Did Not Prove Breach of Duty of Representation

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

3:15cv278
Martinez, J.

United States District Court

United States v. Stanley

Alleged Drug Consumption Did Not Make Confession Unknowing

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

3:16cr25
Underhill, J.

United States District Court

Anderson v. Metro-North Commuter R.R.

Plaintiff Sought to Offer Testimony from Defendant's Dr.

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

3:14cv452
Arterton, J.

United States District Court

Vera v. Alstom Power

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

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

3:12cv382
Bolden, J.

United States District Court

Medero v. Murphy Sec. Serv.

Security Supervisor Allegedly Refused to Sign Incorrect Form

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

3:16cv47
Bryant, J.

United States District Court

United States v. Jenkins

Government Did Not Prove Tax Preparer Acted Willfully

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

3:14cr1
Underhill, J.

United States District Court

Miller v. Bridgeport Police Dep't

African-American Attorney's Suit Barred by Limitations Period

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

3:14cv689
Meyer, J.

United States District Court

Saliga v. Chemtura

Court Approved $450 Per Hour for Robinson+Cole Attorney

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

3:12cv832
Martinez, J.

Connecticut Appellate Court

Britto v. Britto

Trial Court Abused Discretion when it Disregarded Stipulation

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

AC 36973 and AC 37117
Alvord, J.

Connecticut Appellate Court

State v. Jordan

Defendant Was Not Eligible for Diversionary Program for Veterans

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

AC 37654
Pellegrino, J.

Connecticut Appellate Court

State v. Chemlen

Defendant Falsely Promised to Repair Client's Credit Scores

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

AC 37429
Prescott, J.

Connecticut Appellate Court

State v. Tierinni

Defendant Waived Right to Object to Sidebar Conferences

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

AC 36903
DiPentima, J.

Connecticut Supreme Court

State v. Brawley

Defendant Claimed Shackles Violated Right to a Fair Trial

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

SC 19441
Palmer, J.

Board of Mediation and Arbitration

Town of Oxford and AFSCME, Council 15, Local 2693

Arbitrators Unanimously Reduced Suspension from 60 to 30 Days

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

2014-A-0482
Weiner, Levery and Shea

Board of Labor Relations

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

Deputy Corporation Counsel to Remain in Bargaining Unit

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

4897
Battey and Collins

Board of Labor Relations

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

Union Protested Appointment of African-American Firefighter

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

4893
Battey, Low and Bird

United States Court of Appeals for the Second Circuit

Feitosa v. Lynch

Gay Brazilian Did Not Prove Likelihood of Future Persecution

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

15-254

Waterbury J.D., at Waterbury

Garofalo v. Region 15, Bd. of Ed.

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

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

CV14-6022287
Brazzel-Massaro, J.

New Haven J.D., at New Haven

Baca v. Ferriolo

Plaintiffs Alleged Continuing Danger from Chain Link Fence

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

CV15-6053943
Fischer, J.

Fairfield J.D., at Bridgeport

Velazquez v. State

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

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

CV15-6051925
Wenzel, J.

New Britain J.D., at New Britain

Cusano v. Lajoie

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

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

CV15-6028699
Swienton, J.

New Haven J.D., at New Haven

University of New Haven v. Agosto

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

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

CV15-6057921
Fischer, J.

United States District Court

Allstate Ins. v. Essiam

Homeowners' Policy Did Not Provide Coverage to Social Hosts

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

3:15cv180
Hall, J.

United States District Court

Rodriguez v. Colvin

Disabled Applicant Alleged ALJ Ignored Crucial Evidence

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

3:13cv1195
Martinez, J.

United States District Court

Alston v. Pafumi

Health Records Could Prove Whether Assault Took Place

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

3:09cv1978
Bolden, J.

United States District Court

Rogers v. City of New Britain

African-American Found Stuffed Gorilla Dressed in his Clothes

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

3:12cv1626
Underhill, J.

United States District Court

Cortes v. Armor-All Prot.

Telemarketers Alleged they Were Required to Work Saturdays

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

3:15cv1788
Arterton, J.

United States District Court

United States v. Jones

Model Prisoner Completed Supervised Release Early

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

92cr39
Bolden, J.

United States District Court

Franco v. A Better Way Wholesale Autos

$400 per Hour Awarded to Attorney for TILA Litigation

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

3:14cv422
Bryant, J.

Connecticut Appellate Court

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

P&Z Found Natural Vegetation Provided a Sufficient Buffer

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

AC 37813
Alvord, J.

Connecticut Appellate Court

Kearse v. Taylor

$2.8 Million Judgment Against Landlords Overturned on Appeal

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

AC 38031
Per Curiam

Connecticut Supreme Court

In re Oreoluwa

Adequate Efforts Were not Made to Reunify Father, Fragile Infant

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

SC 19501
Eveleigh, J.

Connecticut Supreme Court

Hinds v. Comm'r of Correction

Defendant Was Entitled to New Trial on Kidnapping Charge

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

SC 19393 and 19394
McDonald, J.

Connecticut Supreme Court

State v. Peeler

Life in Prison for Defendant Sentenced to 2 Sentences of Death

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

SC 18125
Per Curiam

Statewide Grievance Committee

Thornton v. Barry

Superior Court to Rule on Discipline for Suspended Lawyer

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

15-0673
Cousineau, Molinaro and Shugarts

Statewide Grievance Committee

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

Clients Alleged Attorney Ceased Working on Foreclosure Cases

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

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

Statewide Grievance Committee

Coonan v. Annenberg

$17,750 Fee for Divorce Attorney Found Unreasonable

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

15-0449
Matthews, Summa and Golger

Statewide Grievance Committee

Bowler v. Elder

Lawyer Allegedly Paid Personal Expenses from IOLTA Account

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

15-0270
Goulden and Sansone

Statewide Grievance Committee

Alcorn v. Voytek

Bridgeport Attorney Admitted that he Filed a Frivolous Action

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

15-0353
Goulden and Slossberg

Department of Energy and Environmental Protection

In the Matter of: Silver Sands State Park

Silver Sands Boardwalk Application Won Approval

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

201500185
Collette, Hearing Officer

Citizen's Ethics Advisory Board

Advisory Opinion 2016-2

Revolving-Door Provision Barred Acceptance of New Job

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

2016-2
Chiusano, Chair

Board of Mediation and Arbitration

City of Stamford and AFSCME, Council 4, Local 2657

Worker Requested Additional Pay for Working During Emergencies

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

2015-A-0398
Brown, Diaz and Mandell

Board of Mediation and Arbitration

City of Bridgeport and NAGE, Local RI-200

Worker Sought Higher Pay for Working out of Job Classification

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

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

United States Court of Appeals for the Second Circuit

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

Worker Fired Because of Union Activities Won Reinstatement

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

15-1451 and 15-1760

Stamford/Norwalk J.D., at Stamford

Grant v. Drew

Child Won $18,000 Prejudgment Remedy Against Former Executor

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

CV14-6023952
Genuario, J.

Hartford J.D., at Hartford

Mauldin v. Leblanc

Plaintiff Was in Many Prior Motor-Vehicle Accidents

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

CV13-6046701
Huddleston, J.

New Haven J.D., at New Haven

State v. Johnson

1st Impression on Partially Recorded Confession to Police

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

CR15-0281583
Blue, J.

New Britain J.D., at New Britain

Cyr v. Weber

Defense Expert Opined Injured Plaintiff's Story Was Inaccurate

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

CV14-6023538
Wiese, J.

New Britain J.D., at New Britain

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

Employer Discharged Worker Who E-Mailed Memo to Herself

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

CV15-5016994
Tanzer, J.T.R.

Waterbury J.D., at Waterbury

Kee v. Rocchi

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

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

CV15-6026781
Sheedy, J.T.R.

Windham J.D., at Putnam

Jurgelewicz v. Macy

Estate Awarded $5.6 Million for Sexual Assaults at Group Home

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

CV13-6007652
Calmar, J.

Tolland J.D., at Somers

Darazs v. Warden

Inmate Allegedly Refused Command During 'Code Blue' Alert

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

CV14-4006252
Sferrazza, J.

Fairfield J.D., at Bridgeport

Jolen Inc. v. Brodie & Stone

Manufacturer Alleged Distributor Engaged in Deceptive Practices

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

CV15-6053151
Kamp, J.

New Britain J.D., at New Britain

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

Nurse Denied Neglecting Patient Injured by Hot Coffee

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

CV16-0632261
Abrams, J.

Unites States District Court

Mirto v. Aetna Life Ins. Co.

Nurse Who Injured Knee and Back Sought Disability Benefits

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

3:14cv1640
Eginton, J.

Unites States District Court

Cosby v. Erfe

Inmate Alleged Prison Diet Violated Rights as Buddhist

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

3:15cv161
Squatrito, J.

Unites States District Court

Barcomb v. Kraeger

Homeless Woman Alleged Excessive Use of Force by Cops

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

3:14cv1159
Arterton, J.

Unites States Bankruptcy Court

Law Office of W. Martyn Philpot v. Day

Law Firm Claimed Divorce Client Never Intended to Pay

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

14-03031
Manning, J.

Connecticut Appellate Court

Warren v. Cuseo Family LLC

Estate Executor Sought to Wind up Decedent's Company

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

AC 37239
Lavine, J.

Connecticut Appellate Court

In re Natalie

Mom Wanted to Reunify with Child After Father Gained Custody

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

AC 38655
Bear, J.

Connecticut Appellate Court

Ridgaway v. Mount Vernon Fire Ins.

Sanction for Failure to Follow Court Order Was Disproportionate

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

AC 37511
Sheldon, J.

Connecticut Supreme Court

Pikula v. Dep't of Soc. Serv.

Applicant's Father Intended to Create Supplemental Needs Trust

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

SC 19533
Eveleigh, J.

State Elections Enforcement Commission

Complaint by: McCall

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

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

2015-166
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Hatch

Board of Finance Candidate Served as Own Campaign Treasurer

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

2015-152
Castagno, Chair

State Elections Enforcement Commission

Complaint by: Feeley

Restaurant Charged Reduced Rate for Mayoral Fundraiser

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

2015-116
Castagno, Chair

United States Court of Appeals for the Second Circuit

Whitnum v. Town of Greenwich

Plaintiff Failed To Prove Judge Stefan Underhill Was Biased

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

15-2212cv

United States Court of Appeals for the Second Circuit

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

'Nominative Fair Use' Test Was Not an Affirmative Defense

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

14-3456-cv

United States Court of Appeals for the Second Circuit

Simmonds v. Lynch

Jamaican Convicted of Second-Degree Murder Ordered Deported

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

14-4472

United States Court of Appeals for the Second Circuit

Hossen v. Lynch

Testimony about Being Knocked Unconscious Was Inconsistent

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

15-780

United States Court of Appeals for the Second Circuit

Elliott v. City of Hartford

Mom Did Not Prove Chief of Police Knew about Threats

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

14-3633-cv
Per Curiam

United States Court of Appeals for the Second Circuit

United States v. Mazza

Defendant Requested Sentence Reduction from 168 to 108 Months

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

15-2394

United States Court of Appeals for the Second Circuit

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

Defense Used Peremptory Strike To Remove African-American Actor

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

15-1963cv

United States Court of Appeals for the Second Circuit

Commercial Union Ins. Co. v. Lord

Appeal Did Not Adequately Allege Fraud upon the Court

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

15-769cv, 15-913-cv

Hartford J.D., at Hartford

Blue v. Dye House Assoc.

Estates Claimed Owner Did Not Provide Adequate Security

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

CV14-6055943
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Mafcote Inc. v. Paschalidis

Neighbor Won Damages of $39,226 for Inadvertent Trespass

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

CV13-6017862
Heller, J.

New Haven J.D., at New Haven

McFarline v. Mickens

Plaintiff Alleged Growing Grass Concealed Meriden Sidewalk Defect

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

CV15-6052207
Blue, J.

New Haven J.D., at New Haven

McCarroll v. City of East Haven

Highest Rung on Playscape Ladder Allegedly Had Loose Bolt

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

CV14-6044518
Fischer, J.

Fairfield J.D., at Bridgeport

Boykin v. State

Plaintiff Alleged Bridgeport Pedestrian Cross Walk Was Unsafe

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

CV15-6053419
Wenzel, J.

New London J.D., at New London

Deangelis v. Law Office of Nicholas Cardwell

Nicholas Cardwell's Client Filed Second Legal-Malpractice Claim

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

CV15-5014942
Devine, J.

New Britain J.D., at New Britain

Brantley v. Donofrio

Motion to Disqualify Raised Issue of Apparent 1st Impression

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

CV12-6017910
Abrams, J.

Fairfield J.D., at Bridgeport

Forest v. Millien

Suit Against Hospital Sounded in Ordinary Negligence

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

CV15-6053441
Bellis, J.

Hartford J.D., at Hartford

Cohen v. Office of the Probate Court Admin.

Former Judicial Branch Worker Sought to Keep Records Private

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

Robaina, J.
Robaina, J.

Stamford/Norwalk J.D., at Stamford

Wolf v. Wolf

Wife Alleged Husband Gave Child a Check for Child Support

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

FA13-4024791
Colin, J.

Stamford/Norwalk J.D., at Stamford

Van Pelt v. Van Pelt

Husband Asked Court to Impute Higher Earning Capacity

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

FA14-4027431
Colin, J.

New Haven J.D., at New Haven

Sapienza v. Sapienza

Father Requested Additional Visitation with Minor Child

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

FA12-4050233
Shluger, J.

Waterbury J.D., at Waterbury

Waterbury Republican Town Comm. v. Ciochetti

Aldermen in Waterbury Changed Party Affiliations

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

CV15-6028189
Brazzel-Massaro, J.

Fairfield J.D., at Bridgeport

[Iamartino] v. Liberty Mut. Fire Ins.

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

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

CV14-6045100
Rush, J.T.R.

Hartford J.D., at Hartford

Bellantuono v. Windham Rt. 6 Partners LLC

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

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

CV14-6050749
Peck, J.

New Britain J.D., at New Britain

State v. Carter

60 Years for Stabbing on Valentine's Day Affirmed

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

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

Ansonia/Milford J.D., at Milford

Millo v. Sabo

Defendant Denied He Authorized Attorney To Settle with Plaintiff

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

CV14-6017208
Stevens, J.

Hartford J.D., at Hartford

Nat'l Waste Assoc. v. Scharf

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

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

X07-CV12-6034817
Moukawsher, J.

United States District Court

Pitterman v. Gen. Motors

Expert Estimated Economic Loss at $1.2 to $1.4 Million

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

3:14cv967
Hall, J.

United States District Court

Warner v. Mejia

Estranged Husband Sued Social Worker for False Imprisonment

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

3:14cv1968
Hall, J.

United States District Court

Taurus Cafe v. Esserman

Bar Claimed New Haven Police Exceeded Scope of Search Warrant

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

3:14cv715
Meyer, J.

United States District Court

Gaul v. City of New Haven

$53,525 in Fees Awarded in Age Discrimination Case

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

3:14cv558
Meyer, J.

Connecticut Appellate Court

Axela New Britain Grp. LLC v. LHPB Realty LLC

Expiration of Condition Ended Restrictive Covenant

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

AC 37723
Pellegrino, J.

Connecticut Appellate Court

Miller v. Kiss

Pro Se Alleged Superior Court Judge Bellis Was Biased

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

AC 37702
Per Curiam

Connecticut Appellate Court

Vt. Mut. Ins. v. Fern

Boiler Installer Denied that He Owed Duty to Homeowner

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

AC 37771
Bear, J.

Connecticut Supreme Court

Styslinger v. Brewster Park

Assignee Requested that Court Wind Up Limited Liability Company

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

SC 19489
Vertefeuille, J.

Connecticut Supreme Court

State v. Smith

Quarles Public Safety Exception Applied to Initial Confession

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

SC 19322
Rogers, C.J.

State Elections Enforcement Commission

Complaint by: Banisch

1st Impression on Nonprofit Postal Rate for Senate Campaign

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

2014-147
Castagno, Chair

Freedom of Information Commission

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

New Milford Teacher Ratings Qualified As 'Public Records'

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

FIC 2015-453
Freedom of Information Commission

Freedom of Information Commission

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

Child Requested Records Concerning Dad's Disappearance

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

FIC 2015-318
Freedom of Information Commission

Commission on Human Rights and Opportunities

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

African-American Cook Alleged his Discharge Was Racially Motivated

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

1530333
Wright, Presiding Human Rights Referee

United States Court of Appeals for the Second Circuit

Am. Psychiatric Ass'n v. Anthem Health Plans

Doctors' Discrimination Claims Against Health Insurers Dismissed

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

14-3993-cv
Walker, J.