Decisions

Recent Decisions

New London J.D., at New London

Countrywide Home Loan v. Callaghan

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

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

United States District Court

Cayo v. Sefcik

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

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

United States District Court

Boyd v. Arnone

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

Practice Areas: Constitutional Law , Civil Rights , Criminal Law

United States District Court

Miller v. Massad-Zion Motor Sales Co.

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

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

United States District Court

Ferrari v. U.S. Equities Corp.

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

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

Connecticut Appellate Court

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

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

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

Connecticut Appellate Court

Town of Bethlehem v. Acker

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

Practice Areas: Personal Property

Connecticut Appellate Court

Martocchio v. Savoir

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

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

Connecticut Appellate Court

State v. Michael D.

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

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Appellate Court

Michael G. v. Commissioner of Correction

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

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

Kim v. EMT

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

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

Connecticut Supreme Court

State v. Eleck

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

Practice Areas: Evidence , Criminal Law

Connecticut Supreme Court

State v. Kendrick

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

Practice Areas: Criminal Law , Evidence , Constitutional Law

Connecticut Supreme Court

State v. Artis

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

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Supreme Court

Mills v. Commissioner of Transportation

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

Practice Areas: Appellate Law - Civil

Department of Energy and Environmental Protection

In the Matter of: Simeone

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

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

Department of Energy and Environmental Protection

In the Matter of: Harvey

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

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

Board of Mediation and Arbitration

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

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

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

United States Court of Appeals for the 2nd Circuit

Weber v. Tada

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

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

United States Court of Appeals for the 2nd Circuit

Driessen v. Natwest Bank PLC

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

Practice Areas: Banking and Financial Institutions

Waterbury J.D., at Waterbury

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

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

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

Middlesex J.D., at Middletown

Correa v. Westfield America Inc.

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

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

Ansonia/Milford J.D., at Milford

Coriano v. City of Ansonia

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

Practice Areas: Torts , Personal Injury

Stamford/Norwalk J.D., at Stamford

Kousidis v. City of Norwalk

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

Practice Areas: Taxation , Residential and Commercial Real Estate

New Britain J.D., at New Britain

PCUW LLC v. Constanti

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

Practice Areas: Residential and Commercial Real Estate

Fairfield J.D., at Bridgeport

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

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

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

Gardner v. Hayden

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

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

Hartford J.D., at Hartford

State of Connecticut v. Connecticut Employees Union Independent

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

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

New Haven J.D., at New Haven

Scharf v. Travelers Home and Marine Insurance Co.

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

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

Hartford J.D., at Hartford

Bell v. Safeco Insurance Co. of Illinois

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

Practice Areas: Insurance Law

Stamford/Norwalk J.D., at Stamford

Newman v. White

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

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Leonard v. Atwater

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

Practice Areas: Family Law , Custody and Child Support

Hartford J.D., at Hartford

Connolly v. Connolly

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

Practice Areas: Family Law

New London J.D., at Norwich

Anastas v. Anastas

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

Practice Areas: Family Law

New Britain J.D., at New Britain

Cruz v. Commissioner of Motor Vehicles

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

Practice Areas: Criminal Law , Torts , Motor Vehicles

Waterbury J.D., at Waterbury

Doe v. Annulli

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

Practice Areas: Civil Procedure , Parties

United States District Court

Dixon v. Keystone House Inc.

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

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

United States District Court

Spaulding v. Newfeld

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

Practice Areas: Immigration Law , Constitutional Law

United States District Court

Lopresti v. Norwalk Public Schools

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

Practice Areas: Constitutional Law , Education Law

United States District Court

Spencer v. Byars

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

Practice Areas: Civil Rights , Constitutional Law , Criminal Law

United States District Court

Prezio Health Inc. v. Schenk

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

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

United States District Court

Philadelphia Indemnity Insurance Co. v. United States

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

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

Connecticut Appellate Court

Smigelski v. Dubois

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

Practice Areas: Legal Profession

Connecticut Appellate Court

Lynch v. Lynch

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

Practice Areas: Family Law

Connecticut Appellate Court

Giordano v. Giordano

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

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

Connecticut Appellate Court

State v. Place

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

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Davalloo

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

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Peterson

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

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

State v. Jordan

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

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

State v. Ciullo

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

Practice Areas: Criminal Law

Connecticut Supreme Court

Niro v. Niro

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

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

Statewide Grievance Committee

King v. Chylinski

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

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Avila v. Fernandez

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

Practice Areas: Administrative Law , Legal Profession

Board of Labor Relations

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

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

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

United States Court of Appeals for the 2nd Circuit

United States v. Whitehead

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

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

Mashantucket Pequot Tribal Court

Celentano v. Mashantucket Pequot Gaming Enterprise

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

Practice Areas: Native American Law , Torts , Personal Injury

Litchfield J.D., at Litchfield

Johnson v. Flaherty

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

Practice Areas: Trusts and Estates

Stamford/Norwalk J.D., at Stamford

Willie v. Vera

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

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

Stamford/Norwalk J.D., at Stamford

Oualla v. Rafiq

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

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

Hartford J.D., at Hartford

Armstrong v. Boogaert

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

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

Stamford/Norwalk J.D., at Stamford

Higbie v. Housing Authority of the Town of Greenwich

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

Practice Areas: Consumer Protection , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Elliot v. Savalle

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

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

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

Holdmeyer v. Thomas

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

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

Hartford J.D., at Hartford

Riley v. The Travelers Home and Marine Insurance Co.

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

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

New London J.D., at Norwich

Robinson v. Robinson

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

Practice Areas: Family Law , Residential and Commercial Real Estate

Hartford J.D., at Hartford

Randazzo v. Volpe

A wife whose husband passes away may be required to file a motion to substitute the estate executrix as a party within one year.

Practice Areas: Family Law , Trusts and Estates

Stamford/Norwalk J.D., at Stamford

Lahn v. Lahn

A court can order a party to pay alimony and child support pendente lite that includes payment of the mortgage, taxes, insurance and utilities.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Knight v. Brog

A court can order one party, who earns higher income, to pay alimony and support pendente lite, and the other party, who owns more liquid assets, to contribute to attorney fees.

Practice Areas: Family Law , Custody and Child Support

New London J.D., at New London

State v. Morrissette

An individual who commits the crime of felony murder can be sentenced to 25 to 60 years in prison.

Practice Areas: Criminal Law

Stamford/Norwalk J.D., at Stamford

Wells Fargo Bank v. Pampoukidis

The reciprocal attorney fee provision in the consumer contracts statute, Connecticut General Statutes §42-150bb, applies to a foreclosure action.

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

Stamford/Norwalk J.D., at Stamford

Hobbs Inc. v. Levine

A homeowner who refuses to pay and who alleges that a contractor violated the Home Improvement Contract carries the burden of proof.

Practice Areas: Contracts , Breach , Residential and Commercial Real Estate

New Haven J.D., at New Haven

Foster v. Albert

A dead person cannot commence a civil suit.

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

New Haven J.D., at New Haven

Redford v. Cotrona

A court can award reasonable attorney fees to plaintiffs who prevail on their claim that a construction company breached a contract to build a new residence.

Practice Areas: Contracts , Breach , Legal Profession , Attorney Fee Recovery

New London J.D., at New London

Marchesi v. Board of Selectmen of the Town of Lyme

Connecticut General Statutes §13a-40 requires the inclusion of an "adjoining proprietor" of property, as a party defendant, in a boundary dispute, even if the "adjoining proprietor" objects.

Practice Areas: Civil Procedure , Parties , Land Use and Planning

Stamford/Norwalk J.D., at Stamford

Collier v. Norm Bloom and Son LLC

Connecticut can provide a convenient forum for litigation, if the allegedly defective product originated in Connecticut, the plaintiff and lead defendant are residents of Connecticut and pertinent regulatory agencies are located in Connecticut.

Practice Areas: Civil Procedure , Venue , Products Liability

Hartford J.D., at Hartford

Beck v. University of Connecticut Health Center

Connecticut General Statutes §46a-100 does not grant the right to a trial by jury on employment discrimination claims.

Practice Areas: Civil Procedure , Trial , Labor and Employment , Discrimination , Disability Discrimination , Family and Medical Leave Act

United States District Court

Smith v. Greater New Haven Transit District

Only "employers" are legally responsible for violations of Title VII of the Civil Rights Act and the Americans With Disabilities Act.

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination , Race Discrimination , Social Services Law , Workers’ Compensation

United States District Court

Jarell v. Hospital for Special Care

Absent direct evidence of discrimination or evidence that similarly situated workers were treated differently, a plaintiff may not be able to prove a prima facie case of discrimination on the basis of race.

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

United States District Court

Boutillier v. Hartford Public Schools

A court can construe a gay individual's constructive discharge claim as alleging wrongful discharge in violation of public policy.

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

United States District Court

Avino v. The Stop & Shop Supermarket Co. LLC

A suspension without pay that is never served cannot qualify as an "adverse employment action," for purposes of disability and retaliation claims.

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

United States District Court

Higher One Inc. v. Touchnet Information Systems Inc.

Absent prejudice to the defendant, a court may grant a plaintiff's request for voluntary dismissal of a patent infringement complaint.

Practice Areas: Intellectual Property , Patents , Infringement (Patents) , Antitrust , Civil Procedure

United States District Court

Acker v. King

"Basic character types are not copyrightable," pursuant to Jones v. CBS Inc., a 1990 decision of the Southern District of New York.

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright)

United States District Court

Respass v. Murphy

Connecticut prisoners do not possess a protected liberty interest in a particular security risk classification.

Practice Areas: Criminal Law

United States District Court

Johnson v. Perry

A father who allegedly is banned from events at his child's school can possess a cause of action for violation of his constitutional right of peaceful assembly.

Practice Areas: Constitutional Law , Education Law

United States District Court

Capetta v. City of West Haven

Public employees may not bring Title II claims against their employers, pursuant to the 2nd Circuit's 2013 decision in Mary Jo C. v. New York State and Local Retirement System.

Practice Areas: Civil Rights , Civil Procedure

United States District Court

August v. City of Bridgeport

To prevail on a claim that police misled the state court judge when they applied for a search warrant, plaintiffs may be required to prove that 1.) there were intentional and material misrepresentations or omissions in the warrant affidavit; and 2.) the alleged falsehoods or omissions were necessary to a probable cause finding.

Practice Areas: Civil Rights , Constitutional Law , Criminal Law

Connecticut Appellate Court

Jalbert v. Mulligan

Under the clearly erroneous standard of review, an appellate tribunal does not weigh the quantum of evidence submitted; it simply inquires as to whether there is any evidence in the record to support a given finding, or whether the tribunal otherwise is definitely and firmly convinced that a mistake has been made.

Practice Areas: Legal Profession , Contracts

Connecticut Appellate Court

Dinardo Seaside Tower, Limited v. Sikorsky Aircraft Corporation

Violations of the Connecticut Unfair Trade Practices Act, C.G.S. §42-110b, cannot be alleged for activities that are incidental to an entity's primary business.

Practice Areas: Landlord/Tenant Law , Contracts , Legal Profession , Evidence , Consumer Protection

Connecticut Appellate Court

Marasco v. Connecticut Regional Vocational-Technical School System

Whether brought in state or federal court, a state technical school was immune from a claimed violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. §621, given the basic tenets of sovereign immunity and lack of any state statute abrogating the protections of sovereign immunity for such a claim.

Practice Areas: Labor and Employment , Discrimination , Age Discrimination

Connecticut Appellate Court

Altraide v. Altraide

A court may order the full amount of reasonable attorney fees even when the attorney was providing representation for free or at a reduced cost.

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

Connecticut Appellate Court

State v. Dyous

The arguments of counsel are not evidence and, where the defendant did not claim or demonstrate that the court's finding was clearly erroneous that he presented a danger to himself or to others such that to release him would risk imminent physical injury to others or to himself or the risk of loss or destruction of the property of others, the court properly granted the state's second petition to extend the defendant's commitment to the Psychiatric Security Review Board.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Appellate Court

Wifiland, LLP v Hudson

In awarding minimal attorney's fees, the trial court properly considered factors directly relating to the question of what is a "reasonable" attorney fee award under a contract and the circumstances of the case.

Practice Areas: Contracts , Legal Profession , Attorney Fee Recovery

Connecticut Appellate Court

710 Long Ridge Operating company II, LC v. Stebbins

The prior pending action doctrine does not implicate the court's subject matter jurisdiction and, even if the doctrine were applicable, here, the trial court did not have the authority to dismiss the second action after judgment was rendered in that action.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process

Connecticut Supreme Court

Lane v. Commissioner of Environmental Protection

Because Connecticut General Statutes §22a-363b(a)(2) affected the substantive rights of persons who seek to repair and maintain a structure "in place prior to June 24, 1939, and continuously maintained and serviceable since such time," and the legislature did not clearly express an intent that the statute applied retroactively, the provision has no retroactive effect.

Practice Areas: Environmental Law

Connecticut Supreme Court

State v. Carrion

The Supreme Court is free to invoke its supervisory authority over the administration of justice "prospectively when prudence and good sense so dictate."

Practice Areas: Criminal Law , Appellate Law - Criminal

State Elections Enforcement Commission

Complaint by: O'Neill

Connecticut General Statutes §9-355 bars "any unlawful alteration in any list required by law."

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Kemp

A candidate who indicates on Form 1B that he does not intend to receive or to spend any funds on his campaign may be required to file an amendment, within three business days of the date that he spends personal funds.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Duus

Connecticut General Statutes 9-612(f) does not prevent a Connecticut state contractor from contributing to the federal account of a state central party committee.

Practice Areas: Administrative Law , Election and Political Law

Board of Mediation and Arbitration

Town of East Haven and AFSCME, Council 4, Local 1303-119

Arbitrators can find that a municipality did not prove it contacted workers in the bargaining unit, and that they refused to perform, before the municipality hired a subcontractor to perform the work.

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

Board of Mediation and Arbitration

City of New Haven and Elm City Local of the CT Alliance of City Police

The decision to not pay compensation to a worker whose request for vacation days was denied may not violate the collective bargaining contract.

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