Recent Decisions

Mashantucket Pequot Tribal Court

Mashantucket Pequot Gaming Enter. v. Holmander

Absent clear evidence of misconduct, the Board of Review can overturn a decision to discharge.

Practice Areas: Native American Law , Labor and Employment , Hiring/Firing

New Haven J.D., at New Haven

Teel v. City of New Haven

A municipality may not be legally responsible for an "excessively high" concrete curb, if the curb is located on a right-of-way that is under the control of the State of Connecticut.

Practice Areas: Torts , Personal Injury

Fairfield J.D., at Bridgeport

Edwards v. Cuomo

A court can award economic damages for medical expenses and non-economic damages for pain and suffering to a motorist who is rear-ended at a traffic light.

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

New Haven J.D., at New Haven

Ortiz v. Adm'r, Unemployment Compensation Act

An individual who was discharged for willful misconduct, because he allegedly refused to comply with a supervisor's reasonable request to perform work and walked away from his workstation, may not be eligible for unemployment compensation.

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

Stamford/Norwalk J.D., at Stamford

Patty v. Zoning Bd. of Appeals of Town of Wilton

A zoning board can grant a variance, if enforcement of zoning regulations would result in exceptional difficulty or unusual hardship.

Practice Areas: Land Use and Planning

Waterbury J.D., at Waterbury

Garre v. Peerless Ins. Co.

Absent evidence of neglect or defective workmanship, a court can find that an exclusion in a homeowner's insurance policy does not apply.

Practice Areas: Insurance Law , Policy Terms , Residential and Commercial Real Estate , Contracts , Breach

Waterbury J.D., at Waterbury

Vasquez v. Bianchini

When ruling whether an amended written opinion is sufficient, a court can consider whether: (1) the author is a similar health care provider licensed by the appropriate regulatory agency; (2) the provider has training and experience in the same discipline or school of practice; and (3) the training and experience is a result of active involvement in the practice within the five years prior to the incident.

Practice Areas: Health Law , Medical Malpractice

Windham J.D.

Wetherell v. Kamau

A court can find it in the best interests of a minor child to modify a father's visitation from once to twice per week and to permit a third party to supervise visitation.

Practice Areas: Family Law , Custody and Child Support

Stamford/Norwalk J.D., at Stamford

Wahl v. Wahl

A court can find that a parent who willfully refused to take a Sober-Link test within 30 minutes of transporting the minor children is in contempt of court.

Practice Areas: Family Law , Custody and Child Support , Legal Profession , Attorney Fee Recovery

Ansonia/Milford J.D., at Milford

Wells Fargo Bank N.A. v. Cerreta

In a foreclosure case, a court can deny a bank's motion for summary judgment as a result of concern that the bank officer's affidavit in support was generic and lacked specific facts required to support the motion.

Practice Areas: Creditors’ and Debtors’ Rights , Banking and Financial Institutions

New London J.D., at New London

People's United Bank v. Torrance

Allegations that a bank failed to mitigate damages, because it effectively denied a request to permit defendants to subdivide property and to sell two of the resulting lots, can constituted a special defense to foreclosure.

Practice Areas: Creditors’ and Debtors’ Rights

Waterbury J.D., at Waterbury

Poe v. The Indian Mountain Sch. Inc.

A court can allow the alleged victim of sexual abuse to use a pseudonym, to protect his privacy.

Practice Areas: Civil Procedure , Parties , Torts , Intentional Torts , Assault

Hartford J.D., at Hartford

Innovative Envtl. LLC v. Windham Community Mem'l Hosp. Inc.

If an employer sues the alleged tortfeasor to recover for workers' compensation benefits the employer paid, and the employer fails to inform the employee about the complaint, the employee can move to intervene at any time before the employer's suit is resolved or is settled.

Practice Areas: Civil Procedure , Statute of Limitations , Social Services Law , Workers’ Compensation , Torts

Hartford J.D., at Hartford

Carlone v. Prims

A court can award a prejudgment remedy, if a plaintiff establishes that probable cause exists that the plaintiff will prevail in the amount requested, taking into account defenses, counterclaims and setoffs.

Practice Areas: Civil Procedure , Provisional Remedies , Torts , Motor Vehicles

United States District Court

Dobkowski v. Yale University

To prevail on an Americans With Disabilities Act claim, a plaintiff must adequately describe his alleged disability and its effect on a major life activity.

Practice Areas: Labor and Employment , Discrimination , Disability Discrimination

United States District Court

Abdel-Raouf v. Yale University

To establish a prima facie case, a plaintiff must prove: (1) he belongs to a protected class; (2) he was qualified; and (3) he suffered an adverse employment action in circumstances that led to an inference of discrimination on the basis of race or religion.

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

United States District Court

United States v. Real Property Located at 229 Potter Rd.

In a forfeiture action, an "owner" is an individual with an ownership interest as a result of a lien, mortgage or recorded security interest, and an individual who only possesses a general, unsecured interest is not an owner.

Practice Areas: Criminal Law

United States District Court

Valle v. RJM Acquisitions LLC

A debt collection agency that is making legitimate attempts to collect a consumer's debt can request the consumer's credit reports from consumer credit reporting agencies without obtaining the consumer's permission or engaging in any direct dealings with the consumer.

Practice Areas: Creditors’ and Debtors’ Rights , Torts

Connecticut Appellate Court

Rodriguez v. State; Tremper v. State

Under Connecticut General Statutes §52-556, the state may not be sued or held liable for a state vehicle positioned or parked in a location to warn drivers to danger ahead or to serve as a protective barrier.

Practice Areas: Torts

Connecticut Appellate Court

Nelson v. Tradewind Aviation, LLC

As explained in the 2009 Supreme Court decision of Gambardella v. Apple Health Care, Inc., "[a]s a general rule, a qualified privilege in a defamation case may be defeated if it can be established that the holder of the privilege acted with malice in publishing the defamatory material."

Practice Areas: Labor and Employment

Connecticut Appellate Court

In Re: Alexandria L.

The plain language of Connecticut General Statutes §46b-121(b)(1) authorizes orders directed at parents whenever their children are subject to the court's jurisdiction, regardless of whether the children have been committed to or are in the custody of the petitioner.

Practice Areas: Family Law

Connecticut Appellate Court

Gagliardi v. Comm'r of Children and Families

The bar for a finding of authenticity is not high; a party proffering evidence does not have the burden to disprove all possible inconsistencies with authenticity, or here, prove beyond all doubt that text messages were what they were purported to be.

Practice Areas: Evidence , Administrative Law

Connecticut Appellate Court

State v. Nicholson

Sufficient evidence supported the finding that the state disproved the defendant's defense of premises justification beyond a reasonable doubt where the jury reasonably could conclude that the victim was not a trespasser and the defendant was the initial aggressor and used force far exceeding that of the victim or that was necessary or the altercation was over before the defendant stabbed the victim in the back while leaving the apartment.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Book

Connecticut's appellate courts have rejected first amendment challenges to the harassment statute, Connecticut General Statutes §53a-183(a)(2), upholding the statute when it was applied to conduct rather than speech and in State v. Moulton, the 2013 Supreme Court concluded that §53a-183(a) may be constitutionally applied to speech if the content of that speech rises to the level of a true threat, which is unprotected by the first amendment.

Practice Areas: Criminal Law , Constitutional Law , Evidence

Connecticut Supreme Court

Howard-Arnold, Inc. v. T.N.T. Realty, Inc.

The well-established rule is that an exercise of an option to purchase real estate must be unequivocal, unconditional and in exact accord with the terms of the option.

Practice Areas: Residential and Commercial Real Estate , Contracts

Connecticut Supreme Court

State v. Gonzalez

Trial courts are not required to declare a mistrial when a jury has deliberated for a certain number of days without reaching a verdict, nor are they always required to declare a mistrial when a juror engages in misconduct.

Practice Areas: Criminal Law , Constitutional Law

Connecticut Supreme Court

Cuozzo v. Town of Orange

If the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluate those merits.

Practice Areas: Civil Procedure

Statewide Grievance Committee

St. George v. Guendelsberger

An attorney who allegedly does not comply with ethical rules that govern the termination of a relationship with a client can be ordered to take a continuing education class in legal ethics.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Spears v. Elder

An attorney who allegedly informs a police sergeant that he is another attorney can violate Rules 4.1(1) and 8.4(3) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Lewis v. D'Ambrosio

An attorney who allegedly informs a client that she has waived charges for e-mails and telephone calls and then changes her mind and bills the client for e-mails and telephone calls engages in misrepresentation, in violation of Rule 8.4(3) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

King v. Serafinowicz

An attorney who allegedly fails to take reasonable remedial measures, including disclosure to the tribunal that a client violated no-contact orders, can violate Rule 3.3(b) of the Rules of Professional Conduct.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Jankura v. Piombino

An attorney who allegedly ignores a small claims court judgment engages in conduct prejudicial to the administration of justice, even if he maintains that he lacks the ability to pay.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Hartford J.D. v. O'Brien

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

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Coleman v. Freeman

The Statewide Grievance Committee can reprimand an attorney who allegedly is not competent, in violation of Rule 1.1.

Practice Areas: Administrative Law , Legal Profession

Compensation Review Board

Conroy v. City of Stamford

In the 2010 decision of Ciarlelli v. Hamden, the Supreme Court concluded that "the one year limitation period for claims under [the Heart and Hypertension Act, Connecticut General Statutes] §7-433c begins to run only when an employee is informed by a medical professional that he or she has been diagnosed with hypertension."

Practice Areas: Social Services Law , Workers’ Compensation

Board of Mediation and Arbitration

Town of Stratford and IFPTE, Local 136

A municipality is not required to provide workers with paid personal days, unless the parties negotiate and agree to add that to the collective bargaining contract.

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

Metropolitan District Commission and AFSCME, Council 4, Local 184

Performance of a particular task twice over 25 years may be insufficient to establish a past practice.

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

New Britain J.D., at New Britain

Dix v. Dix

The spousal election law, which requires that a spouse request a share of the estate within 150 days of the date that the court appoints the first fiduciary, is constitutional.

Practice Areas: Trusts and Estates , Constitutional Law

Waterbury J.D., at Waterbury

Gutierrez v. Minouche

At a hearing in damages, a court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to the victim of a dog bite.

Practice Areas: Torts , Personal Injury , Premises Liability

Middlesex J.D., at Middletown

Dunham v. Puorro

A court can reduce a verdict because of plaintiff's contributory negligence and receipt of collateral source payments.

Practice Areas: Torts , Personal Injury

New Britain J.D., at New Britain

Axela New Britain Group LLC v. LHPB Realty LLC

A court can find that a restrictive covenant that applied to a discount department store for a minimum of 20 years expired, after the discount department store vacated the premises.

Practice Areas: Residential and Commercial Real Estate

New Haven J.D., at New Haven

Stewart v. Lynch

The litigation privilege can bar a litigant from suing an opponent's attorney for conduct that takes place during the judicial process.

Practice Areas: Legal Profession , Torts , Intentional Torts , Fraud (Torts)

Waterbury J.D., at Waterbury

Brigham v. Schiavo

To prevail on a request for a prejudgment remedy, an attorney must establish probable cause exists that she will prevail on the merits in the amount of the prejudgment remedy requested, taking into account any defenses, counterclaims or set-offs.

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

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

Ingves v. Guntner

An individual who purchases property and agrees to honor the previous owner's agreement that an elderly relative "may remain in residence at the property until his death" may not evict the elderly relative's roommates.

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

Hartford J.D., at Hartford

Ahmad v. Dep't of Transp.

A taxicab driver who suffers from a mental disability, because he is scared of dogs, and who refuses to transport the service dog of a disabled individual, is unable to perform an "essential job function" and is not entitled to a reasonable accommodation.

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

New Haven J.D., at New Haven

Platt v. Villabona

A court can deny a request for a protective order, on the basis that defendants moved to another country, if defendants possessed the option to proceed with a deposition in Connecticut before their departure.

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

United States District Court

Volpe v. Dep't of Mental Health and Addiction Serv.

A female who, along with male co-workers, alleges that one agency pays similarly situated workers less than another agency may not possess a prima facie Title VII claim based on membership in a protected class.

Practice Areas: Labor and Employment , Discrimination , Sex Discrimination , Wages and Hours , Constitutional Law , Torts , Emotional Distress

United States District Court

Pavia v. Severn Trent Serv. Inc.

Allegations that a worker relied on an employer's written offer of employment and did not look for work elsewhere can be insufficient to allege injury as a result of reliance, for purposes of a promissory estoppel claim.

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

United States District Court

Leary v. Manstan; Frese v. Leary

A CUTPA counterclaim that alleges vexatious litigation cannot be brought in the same copyright infringement action as that which the defendant claims is vexatious.

Practice Areas: Intellectual Property , Copyrights , Infringement (Copyright) , Consumer Protection , Torts , Intentional Torts , Abuse of Process

United States District Court

United States v. Thomas

A minor victim's text messages can be admissible, if the defendant's answers indicate that the defendant accepted or built on them.

Practice Areas: Evidence , Admissibility , Hearsay , Criminal Law

United States District Court

Peeler v. U.S. Dep't of Justice

When it complies with a Freedom of Information request, the FBI can withhold information concerning the identities of individuals, pursuant to 5 United States Code §552(b)(6) and (b)(7).

Practice Areas: Evidence , Documentary Evidence

United States District Court

Macdermid Printing Solutions LLC v. Cortron Corp.

A plaintiff who files an offer to settle that is not accepted can be entitled to offer-of-compromise interest, if the amount awarded is greater than the amount offered, pursuant to Connecticut General Statutes §52-192a(c).

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

United States District Court

Lundstedt v. People's United Bank

An individual who transfers assets to a limited liability company may not possess standing to sue, if the LLC's property is damaged.

Practice Areas: Civil Procedure , Standing , Banking and Financial Institutions

United States District Court

DeAngelo v. Yellowbook Inc.

A court can order an employer to disclose to an account executive the disciplinary records of a supervisor who was managed by the same district manager.

Practice Areas: Civil Procedure , Discovery , Labor and Employment , Hiring/Firing , Discrimination , Disability Discrimination , Family and Medical Leave Act

Connecticut Appellate Court

Bouchard v. Town of Deep River

Federal Occupational Safety and Health Administration regulations are intended to benefit specifically designated employees and created no duty at all, discretionary or ministerial, to a nonemployee plaintiff allegedly injured at a town dump.

Practice Areas: Torts

Connecticut Appellate Court

Wilson v. Maefair Health Care Ctrs.

In the 2003 decision of Hatt v. Burlington Coat Factory, the Supreme Court construed Connecticut General Statutes §31-349 and held that apportionment is inappropriate in cases involving a separate and distinct second injury, and the insurer at the time of the second injury retains sole liability for the second injury, and nothing in §31-349 nor Hatt makes an exception for cases in which the first injury is much more serious than the second injury.

Practice Areas: Social Services Law , Workers’ Compensation

Connecticut Appellate Court

Rozbicki v. Gisselbrecht

In the 1923 case of Hayward v. Plant, the Supreme Court set forth factors for the trial court to consider when ruling on the reasonableness of fees awarded to an executor, such as: the estate's size, responsibilities involved, character of the work required, difficulties encountered, results achieved, manner and promptitude in settling the estate, time and service required and other relevant circumstances.

Practice Areas: Legal Profession , Attorney Fee Recovery , Trusts and Estates

Connecticut Appellate Court

Salzbrunn v. Salzbrunn

It is within the province of the trial court to resolve conflicts in the evidence and, here, the trial court could have credited the testimony of the plaintiff who served as the defendant's company's bookkeeper that the defendant's financial affidavit understated his income figure.

Practice Areas: Family Law

Connecticut Appellate Court

State v. Giovanni P.

The admission of a child's videotaped statements under an established hearsay exception impacts the analysis as to whether good cause has been established and, because the minor's statements were admitted into evidence under the medical treatment exception, the admission of the video recording did not violate the defendant's right to due process under the 14th Amendment to the federal constitution.

Practice Areas: Evidence , Criminal Law , Constitutional Law

Connecticut Appellate Court

State v. Walczyk

The operator of a motor vehicle involved in an accident that causes damage to another vehicle, however slight, is required by Connecticut General Statutes §14-224(b) to provide the information listed in the statute, including his name, address and operator's license number and registration number.

Practice Areas: Criminal Law

Connecticut Appellate Court

State v. Gould

Persons who serve on juries must have sufficient language skills to understand the proceedings and resolve the factual issues presented at trial; nevertheless, the test of juror eligibility should not be so exacting as to deny citizens their civil right to serve on a jury.

Practice Areas: Criminal Law , Civil Procedure

Connecticut Appellate Court

State v. Fairchild

Even if the sentence imposed has begun, it may still be modified under the common law if it is invalid and its invalidity stems from its illegality or the fact that it was imposed in an illegal manner.

Practice Areas: Criminal Law

Connecticut Appellate Court

Andrews v. Comm'r of Correction

In finding that trial counsel had an obligation to provide advice regarding a plea offer in the 2014 case of Barlow v. Commissioner of Correction, the Appellate Court explained, that "[c]ounsel should not make the decision for the defendant or in any way pressure the defendant to accept or reject the offer, but counsel should give the defendant his or her professional advice on the best course of action given the facts of the particular case and the potential exposure."

Practice Areas: Criminal Law

Connecticut Appellate Court

Housing Dev. Fund, Inc. v. Burke Real Estate Management, LLC

The foreclosure committee lacked the authority to force tenants to permit an inspection of the apartment units, and the trial court did not abuse its discretion in granting the committee's motion to approve the foreclosure sale despite the lack of such an inspection.

Practice Areas: Creditors’ and Debtors’ Rights

Connecticut Appellate Court

Bellsite Dev., LLC v. Town of Monroe

The doctrine of apparent authority is inapplicable in the context of a municipal contract.

Office of the Attorney General

Letter to: Curry

A municipality that was given property from the state to use for "economic development purposes" can sell the property to a private developer.

Practice Areas: Administrative Law , Election and Political Law , Residential and Commercial Real Estate

Commission on Human Rights and Opportunities/Office of Public Hearings

Comm'n on Human Rights and Opportunities v. Town of Glastonbury

Connecticut General Statutes §46a-60(b)(1)(C) excludes older firefighters from the protections against age discrimination provided by C.G.S. §46a-60(a).

Practice Areas: Administrative Law , Labor and Employment , Discrimination , Age Discrimination , Hiring/Firing

Commission on Human Rights and Opportunities/Office of Public Hearings

Comm'n on Human Rights and Opportunities v. Polish Am. Citizens Club

A female worker who allegedly is constructively discharged as a result of sexual discrimination and harassment can be entitled to back pay.

Practice Areas: Administrative Law , Civil Rights , Labor and Employment , Discrimination , Sex Discrimination , Sexual Harassment

Board of Mediation and Arbitration

Town of Hamden and UPSEU/C.O.P.S.

A collective bargaining contract can provide that employees with 35 years of credited service are not required to continue to contribute to a pension.

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

Board of Mediation and Arbitration

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

A grievance that is filed 30 months after an officer's date of hire and that alleges that the cop should have received credit for his prior experience as a police officer at the time of hire is not filed timely.

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 Bridgeport and Bridgeport Police Union, Local 1159, Council 15

A municipality can possess just cause to suspend a police officer who allegedly uses an ethnic slur.

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

United States Court of Appeals for the 2nd Circuit

DeLollis v. Friedberg, Smith & Co.

An auditor is not required to audit every company in which its audit client has invested.

Practice Areas: Torts , Business Torts

Danbury J.D., at Danbury

Treibt v. On Track Karting Inc.

Although go-kart racing can pose considerable risks to participants, it does not qualify as an "ultrahazardous activity," because in most cases the participants can minimize the risk, if they use due care.

Practice Areas: Torts , Personal Injury , Ultra-hazardous Activity , Entertainment and Sports Law

Danbury J.D., at Danbury

Rockhill v. The Danbury Hospital

A court can find that a hospital that allegedly did not provide any warning signs to indicate that the surface of a walkway was uneven had constructive notice of the defect and was negligent.

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

New Haven J.D., at New Haven

Valcarcel v. Administrator, Unemployment Compensation Act

A pizza worker who allegedly violates a pizzeria's company policy about paying for pizzas when off duty may not be entitled to unemployment benefits.

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

Danbury J.D., at Danbury

Muraca v. Town of Bethel

A municipality can charge an owner a demolition fee of $35 or 1 percent of the assessed value of the property, whichever is greater.

Practice Areas: Residential and Commercial Real Estate

Hartford J.D., at Hartford

Leonidas v. Leconche

A court can award buyers the amount to replace a missing French door and reasonable use-and-occupancy payment, because the seller became sick and did not immediately vacate the premises.

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

Hartford J.D., at Hartford

Grovenburg v. Rustle Meadow Associates LLC

An equestrian homeowners' association may not be able to enforce an unwritten rule that owners are not allowed to remove, replace, alter or add trees or build a fence in a buffer zone.

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

Hartford J.D., at Hartford

Chief Disciplinary Counsel v. McDonough

A court can suspend an attorney who is competent and who has been convicted three times of operating under the influence of alcohol or drugs.

Practice Areas: Legal Profession

Hartford J.D., at Hartford

Sorak v. Companions & Homemakers Inc.

Evidence that a supervisor informed a new worker that the company president was "nuts," that the employer was not good to employees and that the supervisor was required to be a "bitch" can constitute a legitimate, nondiscriminatory rationale for discharge.

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

Waterbury J.D., at Waterbury

Imperial Coast Inc. v. Nguyen

A court can find that a contact not to compete for two years within 10 miles of a previous employer is enforceable.

Practice Areas: Labor and Employment , Employment Contracts

Hartford J.D., at Hartford

Alpert v. Colt's Manufacturing Co.

Absent evidence of fraud, bad faith or self-dealing, a presumption of good faith exists when a board of directors approves a corporate transaction.

Practice Areas: Labor and Employment , Hiring/Firing

New Haven J.D., at New Haven

Roth v. Roth

Even if the parties likely would have provided post-majority education support to their eldest child, if the marriage had remained intact, a court can deny a request that the parties each pay half, if the parties cannot afford to pay.

Practice Areas: Family Law , Custody and Child Support

Tolland J.D., at Rockville

Osgood v. Osgood

A court can award one party the business that that party has managed for 21 years and order that spouse to pay alimony and to shoulder a greater amount of marital debt.

Practice Areas: Family Law

Willimantic J.D.

In Re: Elijah

A court can order the Department of Children and Families to make additional efforts to discover whether it and other state agencies can provide additional assistance to a mother with an IQ of 62.

Practice Areas: Family Law , Custody and Child Support

Windham J.D., at Putnam

Fishlock v. Fishlock

A court can find a party in contempt of court, if that party allegedly sends harassing text messages, in violation of the court's order to restrict communications to issues that concern the parties' children.

Practice Areas: Family Law

Fairfield J.D., at Bridgeport

State v. Reynolds

An individual who allegedly stalks and murders two victims as they are seated in a motor vehicle can be sentenced to 125 years in prison.

Practice Areas: Criminal Law

Fairfield J.D., at Bridgeport

Perez v. University of Connecticut

A court can strictly construe a waiver of sovereign immunity to permit a plaintiff only to sue the State of Connecticut, as opposed to a state university.

Practice Areas: Civil Procedure , Parties , Torts , Personal Injury , Liability , Immunity

Danbury J.D., at Danbury

Hamed v. Hamed

Service of process that takes place at the mailing address, as opposed to the physical address, may not be sufficient.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Landlord/Tenant Law , Residential and Commercial Real Estate

New Haven J.D., at New Haven

Estate of Anderson-Coughlin v. Plymouth Rock Assurance Co.

A Connecticut court may not possess jurisdiction to decide whether a Massachusetts policy covered a Massachusetts motor-vehicle accident that allegedly took place when a tractor trailer rear-ended the decedent's motor vehicle.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Insurance Law , Torts , Motor Vehicles , Wrongful Death

United States District Court

Texidor v. Colvin

A court may consider the size of the administrative record, whether the same attorney represented the claimant during the administrative process and the complexity of the legal issues when it awards attorney fees to a successful applicant.

Practice Areas: Social Services Law , Social Security Compensation , Health Law , Legal Profession , Attorney Fee Recovery

United States District Court

Protegrity Corp. v. AJB Software Design Inc.

Absent allegations that defendant specifically intended its customers to infringe on plaintiff's patents and knew that customers engaged in infringement, a plaintiff may not allege a claim for active inducement of patent infringement.

Practice Areas: Intellectual Property , Patents , Infringement (Patents)

United States District Court

e2Value Inc. v. Fireman's Fund Ins. Co.

CUTPA does not require that an unfair trade practice actually take place in Connecticut, if the violation is tied to a form of trade or commerce associated with Connecticut.

Practice Areas: Consumer Protection , Contracts , Breach

United States District Court

Webster Bank v. Diebold Inc.

A statute of limitations can begin to run on the date that the alleged wrongful act or omission takes place, as opposed to the date that defendant indicated it was not responsible for the loss.

Practice Areas: Civil Procedure , Statute of Limitations , Banking and Financial Institutions , Contracts , Breach

United States District Court

Dallas Buyers Club LLC v. Does 1-27

The 2nd Circuit has allowed litigants to proceed anonymously to protect the identity of a minor child, to protect an innocent third party from physical or psychological retaliation or to litigate personal issues such as birth control, abortion and sexual orientation.

Practice Areas: Civil Procedure , Parties

United States District Court

Burke v. Katz

A former employee may not be able to package untimely discrimination claims with subsequent timely claims, pursuant to a "pattern or practice" theory of employment discrimination, because that theory is not available to "private, non-class plaintiffs."

Practice Areas: Civil Procedure , Statute of Limitations , Civil Rights , Labor and Employment , Hiring/Firing

Connecticut Appellate Court

St. Juste v. Comm'r of Correction

Provisions in the Immigration and Nationality Act, 8 U.S.C. §1101, bar aliens from lawful readmission to this country following their conviction of a crime involving moral turpitude, and a conviction of threatening in the second degree necessarily involves the type of conduct and mental state characteristic of crimes involving moral turpitude.

Practice Areas: Criminal Law , Immigration Law

Connecticut Appellate Court

Roberts v. Commissioner of Correction

As U.S. Supreme Court precedent establishes, including in its 2006 decision in Ledbetter v. Lantz, "while the failure to advance an established legal theory may result in ineffective assistance of counsel under [its 1984 decision in Strickland v. Washington], the failure to advance a novel theory never will."

Practice Areas: Criminal Law , Evidence

Connecticut Appellate Court

Kowalyshyn v. Comm'r of Correction

A habeas petitioner cannot establish that the habeas court abused its discretion in denying certification on issues that were not raised in the petition for certification to appeal.

Practice Areas: Criminal Law , Appellate Law - Criminal

Connecticut Appellate Court

Town of Stratford v. International Federation of Professional and Technical Engineers, Local 134

Connecticut has a clear, well-defined and dominant public policy of protecting patients from detrimental acts by emergency medical services personnel; however, that policy was not violated by an arbitration award reinstating an ambulance driver terminated for conducting a crew swap with a patient in the vehicle during a non-emergency call.

Practice Areas: Alternative Dispute Resolution , Labor and Employment