Recent Decisions

Hartford J.D., at Hartford

Heisinger v. Dillon; Heisinger v. Probate Appeal

Great Grandson Protested Distribution of Trust Income

A court can find that a trust provides that the surviving members of a class of beneficiaries are entitled to the trust income until the death of the last member of the class.

CV13-6050857S and CV13-6050856S
Dubay, J.

Practice Areas: Trusts and Estates

Fairfield J.D., at Bridgeport

Padilla-Jiminez v. Gaudett

Chief of Police Was 50 Percent Contributorily Negligent

A court can find that a driver, who allegedly possessed a clear view of an intersection when he entered it and failed to take timely evasive action, was negligent and was 50 percent responsible for a motor-vehicle accident.

CV12-6030309S
Radcliffe, J.

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

New Britain J.D., at New Britain

Marciano v. Jiminez

Defendants Won Collateral Source Reduction of $24,299

A court can order a collateral source reduction as a result of amounts that a self-funded ERISA health plan paid toward plaintiff's medical expenses from a motor-vehicle accident.

CV12-6019643
Swienton, J.

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

Tolland J.D., at Rockville

Shamrock Power Sales v. Adm'r, Unemployment Compensation Act

Bookkeeper Whose Hours Were Reduced Won Unemployment Benefits

A claimant can be eligible for unemployment benefits, despite voluntarily resigning, if the employer reduces the claimant's work hours.

CV13-5005767S
Sferrazza, J.

Practice Areas: Social Services Law , Unemployment Compensation

Stamford/Norwalk J.D., at Stamford

Wylie v. Franco

Court Found Defendants Posted 'No Parking' Sign To 'Annoy and Injure'

A court can find that defendants posted a "no parking" sign expressly for the purpose of annoying and injuring their neighbors.

CV11-6011589S
D'Andrea, J.T.R.

Practice Areas: Residential and Commercial Real Estate

Hartford J.D., at Hartford

James v. Advance Property Management

Defendant Who Transferred Small Claims Matter To Pay Attorney Fees

A court can award a reasonable attorney fee to a plaintiff who prevails on a small claims matter that the defendant transferred to the regular Superior Court docket.

CV12-5036601S
Scholl, J.

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

Stamford/Norwalk J.D., at Norwalk (Housing Session)

Boggs v. Gilchrist-Wax

Tenants Won Double Damages for Failure To Return Deposit

A landlord who fails to return a security deposit within 30 days of a text to the landlord's agent that contains the tenant's new address may be required to pay double damages.

CV-1007820
Rodriguez, J.

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

New London J.D., at Norwich

Masis v. Masis

Iraq Vet with Post Traumatic Stress Disorder Won Joint Custody

A court can find that a veteran who suffers from post traumatic stress disorder underwent counseling and appears to be a safe parent.

FA13-4122743S
Moukawsher, J.

Practice Areas: Family Law , Custody and Child Support

New Britain J.D., at New Britain

Kaluzka v. Kaluzka

Wife Alleged Home Owned Prior to Marriage Was Not Part of Estate

A court may assign to either the husband or the wife all or any part of the estate of the other.

FA13-4033980S
Morgan, J.

Practice Areas: Family Law

Fairfield J.D., at Bridgeport

Grasso v. Grasso

Husband Who Owes $997,849 in Alimony Has $150K Earning Capacity

A court can consider current expenses when it finds that a party has an earning capacity that is higher than that displayed on his financial affidavit.

FA05-4009030S
Adelman, J.

Practice Areas: Family Law

New Britain J.D., at New Britain

Andrews v. Charest

Defendant Owes Former Girlfriend $4,600 for Motorcycle

A court can find that an individual orally agreed to pay his romantic partner 50 percent of the cost of a motorcycle and that defendant started to pay $50 per week and defaulted.

CV12-6018041S
Tanzer, J.T.R.

Practice Areas: Creditors’ and Debtors’ Rights

Waterbury J.D., at Waterbury

Marjanovic v. Naugatuck Valley Women's Health Specialists

Dr. Adequately Pled Breach of Oral Partnership Contract

Allegations that defendants offered to make plaintiff a partner of a medical practice, that plaintiff physician paid $105,969 toward the $150,000 price and that defendants discharged plaintiff, before he made partner, can be sufficient to allege breach of an oral agreement to make plaintiff physician a partner.

CV14-6022762S
Shapiro, J.

Practice Areas: Contracts , Breach , Health Law

Hartford J.D., at Hartford

Sherwood v. Cronin

Sex-Abuse Plaintiffs Did Not Meet Requirements of Long-Arm Statute

Plaintiffs who do not allege that they are Connecticut residents or that they possess a usual place of business in Connecticut may not meet residency requirements to invoke Connecticut General Statutes §33-1219(f) of the long-arm statute.

CV14-6048040S
Peck, J.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Venue , Torts , Intentional Torts , Assault , Battery

Waterbury J.D., at Waterbury

Moynahan & Minnella v. Minnella, Tramuta & Edwards

Law Firm's Motion To Seal Doc that Discusses Settlement Denied

The parties' agreement to seal may not provide a legal basis for the court to issue an order to seal, pursuant to Practice Book §11-20A(c).

CV14-6023977S
Brazzel-Massaro, J.

Practice Areas: Civil Procedure , Settlement , Legal Profession , Partnership Disputes

United States District Court

Rabell v. United States

Slip and Fall Plaintiff Did Not Prove Actual or Constructive Notice

Constructive notice of a defective condition can exist if a premises defect exists for a sufficient length of time and possesses such a dangerous character that a business owner, in the exercise of reasonable care, should have discovered and remedied it.

3:13cv780
Shea, J.

Practice Areas: Torts , Personal Injury

United States District Court

United States v. Pollak

Taxpayer Disputed Denial of Net Operating Loss Carryback

A taxpayer who fails to prove, by a preponderance of the evidence, that the government's denial of a net operating loss carryback was incorrect can be required to pay unpaid income taxes, penalties and interest.

3:13cv280
Bolden, J.

Practice Areas: Taxation , Civil Procedure , Statute of Limitations

United States District Court

East Point Sys. v. Maxim

Court Approved $200 per Hour for Success on Motion To Compel

A court can award attorney fees, pursuant to Fed. R. Civ. P. 37(a)(5)(A), if a plaintiff prevails on a motion to compel.

3:13cv215
Bolden, J.

Practice Areas: Legal Profession , Civil Procedure , Discovery

United States District Court

Miller v. City of New London

Plaintiff Alleged City Failed To Supervise Cops Who Broke Rib

Inadequate police training and supervision can result in a §1983 cause of action, if the failure amounts to deliberate indifference to the rights of individuals.

3:13cr619
Bolden, J.

Practice Areas: Civil Rights , Constitutional Law

United States District Court

Lassen v. Hoyt Livery

Plaintiffs Sanctioned $250 for Failure To Timely Disclose Expert

A court can sanction a party that fails to timely request an extension in which to disclose an expert witness on damages.

3:13cv1529
Bolden, J.

Practice Areas: Civil Procedure , Discovery , Evidence , Expert Witnesses , Labor and Employment , Wages and Hours

Connecticut Appellate Court

Ferraiolo v. Ferraiolo

With No Appeal, Jurisdiction Was Lacking Over Probate Court Order

Probate courts have jurisdiction to probate decedents' wills and settle their estates, which includes the authority to appoint and remove trustees of testamentary trusts and C.G.S. §§45a-186(a) and 45a-24 reveal the legislature's intent not to provide a trial court with subject-matter jurisdiction over a probate court's order concerning the appointment of a trustee of a testamentary trust absent an appeal to the trial court taken from that order.

AC 36523
Keller, J.

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

Connecticut Appellate Court

Welsh v. Martinez

$2 Million in Damages Upheld for Spyware in Home, Car, Computer

There exists no precise formula on which a court can instruct a jury as to the computation of compensation for pain and suffering and a jury in such instances necessarily is tasked with quantifying something that is inherently difficult to quantify.

AC 35335
Gruendel, J.

Practice Areas: Torts , Damages , Emotional Distress , Evidence

Connecticut Appellate Court

Phillips v. Adm'r, Unemployment Compensation

Arguments Were Raised Too Late in Unemployment Benefits Denial

Appellate courts do not make factual or credibility determinations and here the plaintiff failed to demonstrate by means of legal analysis that the Employment Security Appeals Division Board of Review acted unreasonably, arbitrarily, illegally or in abuse of its discretion in denying her motion to open the decision denying her unemployment compensation benefits for willful misconduct in allegedly falsifying billing records.

AC 36379
Lavine, J.

Practice Areas: Social Services Law , Unemployment Compensation

Connecticut Appellate Court

First Am. Title Ins. v. 273 Water St.

Loss Occurred Within Title Policy Period for Hepburn's Former Home

Because an alleged loss of property value from a claimed easement occurred during the title policy period, the insured had standing to assert counterclaims in the title insurer's declaratory judgment action, despite the policy's subsequent termination upon the property's transfer to a third party.

AC 35882
Beach, J.

Practice Areas: Insurance Law , Residential and Commercial Real Estate , Evidence , Expert Witnesses , Scientific Evidence

Connecticut Appellate Court

Callahan v. Callahan

Court Lacked Power To Open and Modify Judgment for Misconduct

Courts have no inherent power to transfer property from one spouse to another in a marital dissolution proceeding; instead, that power rests upon an enabling statute, Connecticut General Statutes §46b-81(a), and the court's authority to distribute the personal property of the parties must be exercised, if at all, when rendering judgment dissolving the marriage.

AC 34936
Schaller, J.

Practice Areas: Family Law

Connecticut Appellate Court

Roger B. v. Comm'r of Correction

Habeas Denial Reversed for Lack of Challenge to Old Warrant

The habeas court abused its discretion in denying certification to appeal where its discussion of the petitioner's claim that trial counsel was ineffective in failing to assert a statute of limitations affirmative defense was limited to the issuance of the warrant within the statute of limitations, and a proper resolution of the claim required consideration of whether there was a reasonable probability of success based on unreasonable delay in executing the warrant.

AC 36149
Alvord, J.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Nemhard v. Comm'r of Correction

Claim of Actual Innocence for Prison Riot Lacked New Evidence

An actual innocence claim in a habeas petition must be premised on newly discovered evidence that could not have been discovered by the exercise of due diligence before the petitioner's criminal trial.

AC 35681
Pellegrino, J.

Practice Areas: Criminal Law

Connecticut Supreme Court

Gill v. Brescome Barton, Inc.

Commissioner Properly Ordered Insurers To Split Relapse Rate

A workers' compensation commissioner had the authority to require one insurance carrier to reimburse another carrier for half of a claimant's temporary total disability payments for bilateral knee surgery, given that the commissioner was authorized to impose the full amount of such payments on either insurance carrier under a literal reading of the relapse statute, Connecticut General Statutes §31-307b.

SC 19201
Robinson, J.

Practice Areas: Social Services Law , Workers’ Compensation

Connecticut Supreme Court

Recall Total Info. Management v. Fed. Ins. Co.

IBM Computer Tape Loss Was Not a Personal Injury Under Policies

The loss of computer tapes containing personal information of International Business Machines' employees did not constitute a "personal injury" as defined by applicable liability insurance policies, because there was no "publication" of the information stored on the tapes resulting in a violation of a person's right to privacy.

SC 19291
Per Curiam

Practice Areas: Insurance Law , Appellate Law - Civil

Connecticut Supreme Court

State v. Ramos

Query To Blood-Covered Man Did Not Constitute Custodial Interrogation

Although the question, "what happened to you?" could constitute interrogation in certain contexts, here, where the defendant was covered in blood and still bleeding, police should not have been expected to know their questions would have elicited an incriminating response, rather than a response about whether he needed medical attention.

SC 19188
Rogers, J.

Practice Areas: Criminal Law , Evidence , Constitutional Law

Board of Mediation and Arbitration

West Shore Fire Dist. and IAFF, Local 1198

Fire District Scheduled Training when Paramedics Were on Duty

Arbitrators can enforce the provisions of a collective bargaining contract that require that a fire district either: (1) schedule training when paramedics are on duty, and provide workers with relief from the assigned work shift; or (2) schedule training when workers are off duty, and provide extra compensation to workers.

2014-A-0437
Weiner, Esq., Culhane and Shay

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

Board of Mediation and Arbitration

Town of Canton and AFSCME, Council 15, Local 2693

Cop Who Resigned Was Not Entitled To Receive Retroactive Wage Hike

A worker who resigns and is no longer working for a municipality when the municipality and the union negotiate and approve a retroactive wage increase may not be entitled to receive a retroactive payment.

2014-A-0438
Diaz and Culhane – Shea dissented.

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

Board of Labor Relations

Waterbury Symphony Orchestra and American Federation of Musicians, Local 400

Part-Time Orchestra Players Did Not Meet 'Economic Realities Test'

Musicians who only receive $1,800 to $2,000 if they work an entire season may not make enough money to meet the "economic realities test" and to qualify as employees under the State Labor Relations Act.

4802
Battey and Leech – Low dissented

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

United States Court of Appeals for the 2nd Circuit

McAllister v. East

Employer Proved that Worker Accepted New Employee Handbook

A court can find that a worker who continued to work approximately 15 years after the employer issued a new employee handbook, and who electronically accepted the handbook, consented to the terms of the employee handbook.

11-4696

Practice Areas: Labor and Employment , Alternative Dispute Resolution , Arbitration (ADR)

United States Court of Appeals for the 2nd Circuit

United States v. Kinney

Restitution Act Requires Payment To All Individuals Harmed by Conduct

A defendant who is convicted of an offense that involves a criminal scheme can be required to pay restitution to all individuals who allegedly were harmed by his conduct, even if all of the conduct was not described in the indictment or conviction.

12-2093

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

Pappas v. Town of Enfield

Owner Failed To Prove P&Z Infringed Equal-Protection Rights

Absent evidence of personal malice, a plaintiff can prevail on a "class-of-one" equal-protection claim by establishing that plaintiff was intentionally treated differently from others similarly situated, and that no rational basis exists for the different treatment.

14-2134

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

United States Court of Appeals for the Second Circuit

Vega v. Rell

Inmate Protested District Court's Failure To Appoint an Attorney

The district court is not required to appoint counsel to a pro se inmate who has training as a paralegal, litigation experience and the ability to pursue his claims without assistance of counsel.

14-137

Practice Areas: Civil Rights , Criminal Law

United States Court of Appeals for the Second Circuit

Drimal v. Tai

Suspect's Wife Alleged FBI Illegally Listened To Private Calls

Title III of the Omnibus Crime Control and Safe Streets Act provides a private right of action to an individual "whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used," but only if the individual's complaint indicates specifically how an interception violates the law.

13-2963-cv and 13-2965-cv
Walker, J.

Practice Areas: Civil Rights

New Britain J.D., at New Britain

Pothitay v. Assembly & Automation Tech.

Worker Alleged that Injury Was Substantially Certain To Occur

Allegations that an employer intentionally removed the safety guards on a work machine, consistently demanded faster production and ordered workers to use their hands to insert materials into a work machine can be sufficient to allege that the employer knowingly created a situation in which injury was substantially certain to take place.

CV14-6025888S
Gleeson, J.

Practice Areas: Social Services Law , Workers’ Compensation , Torts , Personal Injury

New Britain J.D., at New Britain

Comm'r of Transp. v. Nutmeg Realty Holdings

Commercial Owner Won $22,100 for Taking To Widen Route Six

Just compensation for the taking of property for public use can include both compensation for the loss of fair market value and compensation for construction interference with the remainder of the property.

CV14-5015955
Cohn, J.

Practice Areas: Residential and Commercial Real Estate , Constitutional Law

New Haven J.D., at New Haven

Resha v. Hawkins

Lawyer Claimed $300,000 Settlement Violated Rule 5.4

If part of a legal-malpractice settlement requires that the defendant attorney share client fees with a nonlawyer and disclose confidential client information, in violation of the Rules of Professional Conduct, those provisions can be severed and the remainder of the settlement enforced.

CV12-6027042S
Wilson, J.

Practice Areas: Legal Profession , Attorney Malpractice

Middlesex J.D., at Middletown

Lagana v. Lagana

Wife Won Motion To Disqualify Husband's Attorney

A family law attorney who previously represented the wife, and who the wife intends to call as a necessary witness at trial, can be disqualified from representing the husband on a postjudgment motion to find the wife in contempt of court.

FA99-89944S
Diana, J.

Practice Areas: Legal Profession , Family Law

New Haven J.D., at New Haven

Anderson v. Montowese Health & Rehabilitation Ctr.

Administratrix Adequately Pled Nursing Facility Was Reckless

Allegations that a nursing facility knew that plaintiff's elderly decedent suffered from dementia, poor balance and bladder dysfunction and failed to properly assist plaintiff's decedent when she used the restroom can be sufficient to allege recklessness.

CV14-6050792
Wilson, J.

Practice Areas: Health Law , Medical Malpractice , Torts , Personal Injury

Hartford J.D., at Hartford

Wood v. Wood

Wife Requested Credit for Money Lost from Quick Malaysian Divorce

A court can deny a wife's request for a credit in the amount of the money that the wife allegedly lost as a result of her decision to divorce a prior spouse quickly, in order to marry her current partner.

FA14-4071184S
Ficeto, J.

Practice Areas: Family Law , International Law (Public)

Hartford J.D., at Hartford

Lambert v. Lambert

Husband Failed To Prove that Wife Neglected Minor Child

Absent any evidence that the wife neglected the minor child, a court can award joint custody, with primary residence with the wife and visitation with the husband on alternate weekends and Wednesdays.

FA14-4072987S
Ficeto, J.

Practice Areas: Family Law , Custody and Child Support

Fairfield J.D., at Bridgeport

Adamson v. Marill

Request for Protective Order Against Former Partner Denied

Absent evidence that a male plaintiff is in imminent danger of physical harm from a female defendant, who weighs about 40 pounds less and who credibly testified that she remained "terrified" of plaintiff, a court can deny plaintiff's request for a temporary injunction.

CV13-6038035S
Jennings, J.T.R.

Practice Areas: Family Law , Civil Procedure , Provisional Remedies , Personal Property

Windham J.D., at Putnam

State v. Castro

Sentence for Manslaughter and Assault Reduced from 25 to 20 Years

The Sentence Review Division can find that a 25-year sentence for first-degree manslaughter and assault that allegedly were committed in self-defense was excessive and disproportionate.

CR09-139649
Ginocchio, J., Fischer, J., and Alexander, J.

Practice Areas: Criminal Law

New Britain J.D., at New Britain

Berti v. DeLucia

Promissory Notes Signed by Significant Other Not Enforceable

Absent evidence of an express promise to pay, the amount to pay and the payment date, a court can find that promissory notes that a significant other signed are not enforceable.

CV14-5016030S
Young, J.

Practice Areas: Creditors’ and Debtors’ Rights , Contracts , Formation , Breach

Stamford/Norwalk J.D., at Stamford

Adler-Klein v. The Stamford Health Sys.

Dr. Won Motion To Compel Production of Surveillance Tape

Practice Book §13-3(c), which allows a defendant to delay production of a surveillance tape until after the plaintiff's deposition, only applies if a defendant prepared the tape for use during litigation.

CV13-6017142S
Genuario, J.

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

United States District Court

Tavares v. Lawrence & Mem'l Hosp.

Part-Time Hospital Nurse Did Not Qualify for FMLA Coverage

A worker who does not meet the "hours of work" requirement for coverage under the Family and Medical Leave Act may not possess a FMLA cause of action, if discharged as a result of taking a medical leave.

3:11-cv-770
Crawford, J.

Practice Areas: Labor and Employment , Hiring/Firing , Family and Medical Leave Act

United States District Court

Miller v. City of New London

Expert's Estimate on Blood-Alcohol Content at Time of Arrest Precluded

Absent evidence of a "rigorous analytical connection" between methodology and conclusions, a court can exclude an expert's estimate about the degree of plaintiff's intoxication at the time of arrest.

3:13-cv-619
Bolden, J.

Practice Areas: Evidence , Expert Witnesses , Civil Rights

United States District Court

United States v. Yalincak

Defendant Entitled To Credit Toward $4M Owed as Restitution

A defendant who is convicted of bank fraud and ordered to pay restitution can obtain credits as a result of funds that victims recover, if defendant proves victims received the funds for the same loss for which defendant is responsible.

3:05-cr-111
Arterton, J.

Practice Areas: Criminal Law

United States District Court

United States v. Scott

Defendant Argued Police Entered Without His Consent

An arrest warrant implicitly includes the authority to enter a dwelling in which the suspect lives, provided that officers possess a reasonable belief the suspect is inside.

3:14-cr-81
Meyer, J.

Practice Areas: Criminal Law , Constitutional Law

United States District Court

United States v. McDade

Defendant Moved To Suppress Government's Wire Tap Evidence

A wiretap application can be granted only if a judge concludes that normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or to be too dangerous.

3:14-cr-81
Meyer, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

Champeau v. Blitzer

Error in Proximate Cause Charge Was Exacerbated by Interrogatory

Where there were two instances in the jury charge improperly exchanging "the" proximate cause for "a" proximate cause and those errors were exacerbated by an interrogatory completed by the jury that also contained the improper standard for proximate cause, the court committed reversible error because it was likely that the jury was misled.

AC 36431
Harper, J.

Practice Areas: Torts , Causation , Civil Procedure

Connecticut Appellate Court

Kloth-Zanard v. Dep't of Soc. Serv.

Lien on Real Property Was Upheld To Repay Public Assistance Funds

The state's action was upheld in recording a lien on real property to secure the repayment of reimbursable public assistance found owed by the homeowner.

AC 36729
Per Curiam

Practice Areas: Social Services Law

Connecticut Appellate Court

CHFA-Small Properties v. Elazazy

Owners' Slander of Title Claim and All Tenants' Claims Failed

Without the requisite showing of malice, the plaintiff cannot establish its claims for slander of title.

AC 36409
Gruendel, J.

Practice Areas: Residential and Commercial Real Estate , Civil Procedure , Landlord/Tenant Law , Legal Profession

Connecticut Appellate Court

Mahon v. Comm'r of Correction

Ineffective Counsel Claim Hinged on Rejected Issue of Credibility

Where the habeas petitioner's claim on appeal is squarely based on a rejection of the court's determination on an issue of credibility, he cannot prevail.

AC 36161
Sheldon, J.

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

Am. Home Mortgage Serv. v. Reilly

Authority to Enforce Debt Was Demonstrated by Holder of Note

Being the holder of a note satisfies the plaintiff's burden of demonstrating that it is the owner of the note because, under Connecticut law, as explained in the 2011 Supreme Court decision in RMS Residential Properties v. Miller, the note holder is presumed to be the owner of the debt and, unless the presumption is rebutted, may foreclose the mortgage under Connecticut General Statutes §49-17.

AC 35584
Mullins, J.

Practice Areas: Creditors’ and Debtors’ Rights , Evidence

Connecticut Appellate Court

Youngman v. Schiavone

Statute Did Not Save Action Started in Members' Names Not LLC

The court did not abuse its discretion in denying a motion to substitute plaintiffs where the plaintiffs could not, and did not, demonstrate that their belief that they were the proper parties rather than their limited liability company, was a reasonable one, held in good faith and not the result of their own negligence in failing to name the proper party.

AC 36207
Mullins, J.

Practice Areas: Civil Procedure , Business Entities

Connecticut Appellate Court

Hylton v. Gunter

Irregularities in Company Affairs Did Not Require Damages Awarded

Given the operating agreement of the limited liability company, the trial court erred in assuming that any irregularities in the financial affairs of the company properly and automatically resulted in damage awards to the plaintiff and, without evidence of reliance on the defendant's representations regarding the accounting, a finding of fraud could not stand.

AC 33316
Per Curiam

Practice Areas: Business Entities , Closely Held Corporations

Connecticut Supreme Court

Town of Canton v. Cadle Properties of Connecticut.

Authority of Receiver of Rents for Delinquent Taxes Was Disputed

Connecticut General Statutes §12-163a, under which a court may appoint a receiver of rents when real property taxes due to a municipality are delinquent, authorizes the receiver to use legal process to collect rent due prior to the date of the receiver's appointment but does not authorize the receiver to evict a defaulting tenant and to lease the premises to a new tenant.

SC 19225
McDonald, J.

Practice Areas: Residential and Commercial Real Estate , Administrative Law

Connecticut Supreme Court

State v. Crespo

Statement Was Admissible Taken Before Late Presentation in Court

A statement is not inadmissible under Connecticut General Statutes §54-1c merely because, after the statement was obtained, the defendant was not presented in court in a timely manner.

SC 19242
Palmer, J.

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Supreme Court

Stuart v. Freiberg

With Evidence of Elements Missing, Summary Judgment Was Proper

The fundamental purpose of summary judgment is preventing unnecessary trials, and if a plaintiff is unable to present sufficient evidence in support of an essential element of his cause of action at trial, he cannot prevail as a matter of law.

SC 19208
Robinson, J.

Practice Areas: Civil Procedure , Torts

Connecticut Supreme Court

DiLieto v. County Obstetrics and Gynecology Group

Interest Award Upheld but Error in Interest Granted on Interest Award

Connecticut General Statutes §37-3b authorizes an award of postjudgment interest at an annual rate of up to 10 percent and does not purport to restrict the trial court's discretion to choose any rate within that range.

SC 19297
Palmer, J.

Practice Areas: Civil Procedure , Judgments

Office of the Attorney General

Letter to: Philpot

State Marshal Chairman Asked about Extra Fees for State Marshals

Caps on fees that are contained in the state marshal fee statutes are exclusive, and state marshals are not allowed to reach agreements with clients to charge extra, beyond the statutory service-of-process fee, when a client requests that they spend extra time and effort.

2015-02
Jepsen, J.

Practice Areas: Administrative Law , Election and Political Law , Civil Procedure , Jurisdiction and Service of Process

Citizen's Ethics Advisory Board

Declaratory Ruling 2015-A

1st Impression on Whether Guardians Ad Litem Qualify as State Employees

Guardians ad litem, who are court-appointed to represent the interests of children in family-law cases, do not qualify as "public officials" or "state employees" under the Code of Ethics for Public Officials, so the code does not apply to them.

2015-A
Chiusano, J.

Practice Areas: Administrative Law , Family Law

Board of Mediation and Arbitration

West Shore Fire Dist. and IAFF, Local 1198

Fire District Scheduled Training when Paramedics Were on Duty

Arbitrators can enforce the provisions of a collective bargaining contract that require that a fire district either schedule training when paramedics are on duty, and provide workers with relief from the assigned work shift, or schedule training when workers are off duty, and provide extra compensation to workers.

2014-A-0437
Weiner, Esq., Culhane and Shay

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

Board of Mediation and Arbitration

Town of Canton and AFSCME, Council 15, Local 2693

Cop Who Resigned Was Not Entitled To Receive Retroactive Wage Hike

A worker who resigns and is no longer working for a municipality when the municipality and the union negotiate and approve a retroactive wage increase may not be entitled to receive a retroactive payment.

2014-A-0438
Diaz and Culhane – Shea dissented.

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

Board of Mediation and Arbitration

City of Middletown and AFSCME, Council 4, Local 466

City Had Just Cause To Require Worker To Undergo Counseling

A city can suspend a worker who allegedly insults and swears at a supervisor and order that he undergo counseling.

2013-A-0607
Celentano, Esq., Massa and Krzywicki

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

Board of Mediation and Arbitration

Bridgeport Hous. Auth. and AFSCME, Council 4, Local 818-32

Arbitrators Reduced Discharge for Violence to a Suspension

Arbitrators can find that discharge is overly harsh for a long-term worker who has no prior history of discipline.

2015-A-0159
Daly, Esq. and Kuehnel – Ryan dissented

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

United States Court of Appeals for the 2nd Circuit

McAllister v. East

Employer Proved that Worker Accepted New Employee Handbook

A court can find that a worker who continued to work approximately 15 years after the employer issued a new employee handbook, and who electronically accepted the handbook, consented to the terms of the employee handbook.

11-4696

Practice Areas: Labor and Employment , Alternative Dispute Resolution , Arbitration (ADR)

United States Court of Appeals for the 2nd Circuit

United States v. Gonzalez

Defendant Sought Reduction in Non-Guidelines Narcotics Sentence

A defendant who was issued a non-Guidelines sentence may not be entitled to a reduction, based on a subsequent amendment to the sentencing guidelines.

14-1956

Practice Areas: Criminal Law

United States Court of Appeals for the 2nd Circuit

Pappas v. Town of Enfield

Owner Failed To Prove P&Z Infringed Equal-Protection Rights

Absent evidence of personal malice, a plaintiff can prevail on a "class-of-one" equal-protection claim by establishing that plaintiff was intentionally treated differently from others similarly situated, and that no rational basis exists for the different treatment.

14-2134

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

United States Court of Appeals for the 2nd Circuit

Vega v. Rell

Inmate Protested District Court's Failure To Appoint an Attorney

The district court is not required to appoint counsel to a pro se inmate who has training as a paralegal, litigation experience and the ability to pursue his claims without assistance of counsel.

14-137

Practice Areas: Civil Rights , Criminal Law

United States Court of Appeals for the 2nd Circuit

Ride Inc. v. APS Tech.

Plaintiffs Failed To Prove Three of Five Elements of Joint Venture

To prevail on a claim that a joint venture existed, a plaintiff must prove five elements: (1) two or more parties entered into a specific agreement to carry on an enterprise for profit; (2) evidence existed that they intended to be joint venturers; (3) each party contributed property, financing, skill, knowledge or effort; (4) each party possessed some degree of joint control over the venture; and (5) a provision existed to share profits and losses.

14-1549-cv

Practice Areas: Business Entities

Connecticut Appellate Court

Milford Paintball, LLC v. Wampus Milford Assoc., LLC

Negligent Misrepresentations about Lease Agreement Violated CUTPA

At least as to negligent misrepresentations, negligence, if accompanied by one or more sufficient aggravating factors, will suffice to support recovery of damages under the Connecticut Unfair Trade Practices Act, Connecticut General Statutes §42-110a.

AC 35988
Beach, J.

Practice Areas: Torts , Landlord/Tenant Law , Consumer Protection

Connecticut Appellate Court

Cheshire Land Trust, LLC v. Casey

Notice To Quit Was Not Equivocal and Greenhouses Were Not Fixtures

A landlord is not prohibited from attempting to settle a tenancy dispute, provided it informs the tenant that eviction will result should settlement efforts fail.

AC 36311
Prescott, J.

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

Connecticut Appellate Court

State v. Vaught

Joinder of Cases Was Proper and Consent To Search Covered Basement

The court properly permitted the joinder of two cases where the evidence in the cases would have been cross admissible in separate trials.

AC 35996
West, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Tenay

En Banc: Florida DUI Abstract Was Insufficient for 3rd Time Charge

Under bedrock principles of criminal law, it was insufficient for the state to prove simply that it was more likely than not that the defendant was convicted of violating Fla.

AC 35045
Prescott, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Christensen

Unconditional Guilty Plea Waived Claims Raised on Appeal

Only those issues fully disclosed in the record which relate either to the exercise of the court's jurisdiction or to the voluntary and intelligent nature of the plea are ordinarily appealable after an unconditional plea of guilty or nolo contendere.

AC 36706
Gruendel, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

Saunders v. Comm'r of Correction

Circumstances Warranted Giving Chance To File Motion To Open

The exercise of the Appellate Court's supervisory powers under the 2014 Supreme Court case of Blumberg Associates Worldwide, Inc. v. Brown & Brown of Connecticut, Inc.

AC 36744
Beach, J.

Practice Areas: Criminal Law

Connecticut Appellate Court

Spears v. Elder

Statutory Homestead Exemption Protected in Foreclosure Judgment

The District of Connecticut Bankruptcy Court decisions, In Re: Loubier from 1980 and In Re: Kane from 1999, both recognized that once a foreclosure sale is confirmed and reduced to proceeds, the homeowner's exemption rights attach to the sale proceeds.

AC 35485
Bear, J.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Customers Bank v. CB Assoc., Inc.

Judgment Was Satisfied by Title to Condominiums Given Stipulation

Given the stipulated judgment between the parties, the court, in determining whether the money judgment was satisfied, was not constrained to apply the framework from the Appellate Court's 2012 decision in Coyle Crete, LLC v. Nevins, used to determine whether a judgment after trial was satisfied.

AC 36419
Prescott, J.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Leftridge v. Wiggins

Review Was Denied of Claims that Lacked Proper Briefing

The Appellate Court will not speculate or presume error on the part of the trial court on the basis of a brief devoid of any analysis of the claims raised.

AC 35726
DiPentima, C.J.

Practice Areas: Appellate Law - Civil , Family Law

Connecticut Supreme Court

Moye v. Comm'r of Correction

Golding Review in Habeas Appeal Is Limited To Habeas Court Claims

Review under the 1989 Supreme Court decision in State v. Golding, which allows a party to raise an unpreserved constitutional claim under certain circumstances, is available in habeas appeals only for claims challenging the actions of the habeas court; it does not permit review of an unpreserved ineffective-assistance-of-counsel claim because that claim did not arise out of the actions or omissions of the habeas court itself.

SC 19271
Zarella, J.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

Brennan v. Brennan Assoc.

Partner Dissociation Date for Valuation Is Date of "Expulsion"

Connecticut General Statutes §34-355(5) indicates that the "date of dissociation" to value a partnership under §34-362(b) is the date that the dissociated partner is actually expelled from the partnership, not the date that the dissociation judgment is rendered.

SC 19116; 19150
Zarella, J.

Practice Areas: Business Entities , Partnerships

Statewide Grievance Committee

Spano v. Wharton

Client Alleged that Former Attorney Failed To Return $113,341

An attorney can reach agreement with disciplinary counsel to consolidate various disciplinary matters for decision by the Superior Court.

14-0679
Molinaro, Esq., Allen, Esq. and Shugarts

Practice Areas: Administrative Law , Legal Profession , Creditors’ and Debtors’ Rights

Statewide Grievance Committee

Messina v. Cohen

Attorney Who Allegedly Lost File Ordered Presented To Superior Court

An attorney who allegedly loses a client's file and fails to inform his client that the court issued a default judgment or to take any action on behalf of his client can violate Rule 8.4(4) of the Rules of Professional Conduct.

14-0437
O'Sullivan, Esq., and Freedman

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Marino v. McCabe

Lawyer Charged with Violating Rule 8.4(4) Ordered Presented

It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(4).

14-0504
Woviotis, Esq., and Matthews

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

King v. Pearson

Lawyer on Inactive Status Allegedly Conducted Closing

A lawyer who allegedly participates in a closing when he is on inactive status because of a medical condition can violate Rule 5.5(a) of the Rules of Professional Conduct.

13-0472
Sullivan, Esq., and Castillo

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

King v. Lehmann

Lawyer Who Did Not Disclose that He Was Making a Tape Reprimanded

A lawyer who allegedly makes recordings without the knowledge of the opponent's lawyer can violate Rule 4.4(a) of the Rules of Professional Conduct.

14-0393
O'Sullivan, Esq., and Slossberg, Esq.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Gezelman v. Monaghan

Attorney Allegedly Did Not Forward Proceeds from $100,000 Settlement

An attorney who allegedly fails to distribute the proceeds of settlement to a client can be ordered to be presented to Superior Court for discipline.

14-0722
Molinaro, Esq., Allen, Esq. and Shugarts

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Barjon v. Couloutte; Cunningham v. Couloute; Christofakis v. Couloute; Santiago v. Couloute

Attorney Charged with Violating 15 Rules of Professional Conduct

A lawyer is required to communicate in writing the scope of the representation, the basis or rate of the fee and any expenses for which the client will be responsible.

14-0136; 14-0241; 14-0244 and 14-0459
Riccio, Esq., Summa, Esq. and Gill

Practice Areas: Administrative Law , Legal Profession

United States Court of Appeals for the 2nd Circuit

Etienne v. Lynch

Haitian Requested Relief under Convention Against Torture

To prevail on a Convention Against Torture claim, a petitioner must prove that more likely than not he would be tortured by, or at the instigation of, or with the consent or acquiescence of, a public official, or an individual acting in an official capacity, if returned to his country of origin.

14-1136

Practice Areas: Immigration Law , Constitutional Law

United States Court of Appeals for the 2nd Circuit

Richter v. Connecticut Judicial Branch

Rooker-Feldman Barred Federal Court Review of State Court Ruling

The Rooker-Feldman doctrine provides that federal courts lack subject-matter jurisdiction to consider complaints brought by state-court losers who allege that they were injured by state court judgments.

14-1436-cv

Practice Areas: Civil Procedure , Labor and Employment , Discrimination , Disability Discrimination

Mashantucket Pequot Tribal Court

Rogers v. Mashantucket Pequot Gaming Enter.

Genuine Issue Whether Release Signed by Wife Bound Plaintiff

A general release may not be enforceable if the principal is physically incapacitated and a third party signs the release, because the principal may not be sufficiently in control of the process.

PI-2014-157
O'Connell, J.

Practice Areas: Contracts , Formation , Breach , Civil Procedure , Settlement , Torts , Personal Injury

Waterbury J.D., at Waterbury

Sloane v. Bhatia

Ex-Wife Allegedly Filed Police Complaint Against Husband's Lover

Allegations that an ex-wife filed a police complaint against her ex- husband's current lover, and alleged that her son claimed that the current lover hurt and scared him, may be insufficient to allege a claim for intentional infliction of emotional distress.

CV14-6023186S
Roraback, J.

Practice Areas: Torts , Emotional Distress

New Haven J.D., at New Haven

Kenning v. Maricondi

Victim Who Was Punched at Gym Was 40 Percent Responsible

A court can award economic damages for medical expenses and non-economic damages for pain and suffering, and reduce the award 40 percent for contributory negligence.

CV14-6046857
Burke, J.

Practice Areas: Torts , Emotional Distress

New Britain J.D., at New Britain

Koskoff v. Griffin

Genuine Issues on Trespass and Adverse Possession Claims

Connecticut Superior Courts are divided on whether proof of routine maintenance is sufficient to obtain adverse possession and whether permanent improvements on the land are required.

CV13-5015813
Shortall, J.T.R.

Practice Areas: Residential and Commercial Real Estate

New Haven J.D., at New Haven

Johnson v. Lamere

Plaintiff Sued Opponent's Attorney for Legal Malpractice

An attorney who represents an opponent may not owe a duty to a plaintiff, because an attorney-client relationship is an essential element of a legal-malpractice action.

CV13-6041774S
Fischer, J.

Practice Areas: Legal Profession , Attorney Fee Recovery , Attorney Malpractice