Recent Decisions

Connecticut Supreme Court

State v. Lima

Trial Court Not Required To Ask Specific Immigration Question Urged By Criminal Defendant During Plea Allocation

Lima pled guilty to larceny. During the plea canvass, Lima answered yes when the trial court asked him if he had discussed his case and the plea with his attorney.

SC 19736
Palmer, J.

Connecticut Supreme Court

Gladstein v. Goldfield, et al.

Plaintiff's Appeal Rendered Moot By Her Decision To Abandon Motion Being Challenged On Appeal

In September 2009, while she had a bankruptcy action pending, Gladstein filed suit against several defendants.

SC 19696
Rogers, J.

Superior Court, Judicial District of New London at New London

Davis v. Dube

Court Strikes Recklessness and Postmortem Loss of Parental Consortium Claims

Davis, the administratrix of the Estate of Darin Robinson, sued Dube and his employers, alleging that they were liable for Robinson's death, which occurred after Dube's tractor-trailer hit Robinson's vehicle.

KNL CV 15-6028181 S
Vacchelli, J.

Superior Court, Judicial District of Litchfield

Cintron, et al. v. Funk, et al.

Diner Granted Summary Judgment On Personal Injury Claims Brought By Patrons

Funk was parked outside a diner. As he started his vehicle, he mistakenly shifted into drive, as he exited the vehicle.

LLI-CV-15-6012932-S
Moore, J.

Bridgeport J.D.

Pinto v. King

Material Issues of Fact Existed Regarding Defendant's Alleged Possession/Control of Public Roadway

While the Town of Newtown owed the road on which plaintiff fell, there was sufficient evidence from which a reasonable jury could conclude that the defendant property owner possessed and controlled the roadway.

CV16-6054517
Krumeich, J.

Bridgeport J.D.

Lagerberg v. Rogers Corp.

Newly Discovered Evidence did not Support Plaintiff's Petition for a New Trial

Plaintiff's "newly discovered" evidence regarding air samples and the defendant corporation's membership in a plastics society did not support a new trial in this asbestos-related personal injury action.

CV15-6053030
Radcliff, J.

Hartford J.D.

Gonzalez v. Legionaries of Christ

Sexual Abuse Claims Fell Outside Scope of Foreseeable Risk for Named Defendants

Plaintiffs' sexual abuse claims fell outside the scope of foreseeable risk under the Restatement (Second) of Torts §302B where the defendants did not know the plaintiffs existed and where their relationships with an allegedly abusive priest did not constitute priest-parishioner relationships.

CV10-6016974
Moll, J.

New London J.D.

Roy v. Norwich Roman Catholic Diocesan Corp.

Court Lacked Subject Matter Jurisdiction over Claims Involving Catholic Priest Under Ministerial Exception

The litigation of certain claims in plaintiff's complaint, which alleged that a Catholic priest sexually assaulted him, would impermissibly entangle the court in matters of discipline, faith, internal organization or ecclesiastical rule, custom or law.

CV16-6027757
Vacchelli, J.

Connecticut Superior Court

Aks v. Warshaw

Business owned by driver who was uncertain at time of traffic accident as to whether he would return to work was vicariously liable for injuries

For PJR purposes, vicarious liability was established where a driver/business owner was at fault in a traffic accident that resulted in injuries and where, at the time, he was uncertain as to whether he would return to work or drive home.

FSTCV165015575S
Povodator, J.

Stamford J.D.

Lou v. Partilla

Apportionment Claim Could Proceed where Plaintiffs did not Name Carrier as Defendant

Joining the minority view, the court denied the defendant insurance carrier's motion to strike an apportionment complaint even though plaintiffs did not name the carrier as a defendant in the underlying case.

CV16-6029403
Jacobs, J.

Connecticut Superior Court

Bozelko v. D'Amato

Legal malpractice plaintiff failed to present justification for failing to present expert testimony

A legal malpractice plaintiff failed to establish, as a matter of law, that her attorney's lack of care and skill was so obvious and gross as to obviate any need to present expert testimony to counter the defendant's assertion, on summary judgment motion, that she failed to establish the essential elements of a prima facie case.

CV 11-5014231
Bates, J.

New Haven J.D.

Rooney v. Zoning Bd. of Appeals, Town of Madison

Proposed Building Lot not Part of Illegal "Subdivision" Under State Law

The subject property conveyances were not part of an illegal subdivision where the party who divided the property did not do so for the purpose of sale or building development.

CV15-6056196
Ecker, J.

Superior Court, Judicial District of Fairfield at Bridgeport

Dubinsky v. Reich, et al.

Court Dismisses Claims Asserted By Father Against Guardian Ad Litem And Her Law Firm Employer

Dubinsky claimed that, after Reich was appointed by the court as guardian ad litem for Reich's minor child, as part of divorce proceedings between Reich and his ex-wife, Reich was biased against him, breached the applicable standard of care, and acted in a negligent manner.

FBT CV16 6056320
Arnold, J.

Waterbury J.D.

Wells Fargo Bank, N.A. v. Bissonnette

Mortgage Modification Agreement Ratified Terms of Earlier Note and Mortgage

While there were unexplained differences between defendant's original loan application and his subsequent 2005 note and mortgage, the defendant ratified the 2005 mortgage transaction by executing a 2009 modification agreement.

CV14-6024874
Taylor, J.

Connecticut Superior Court

Bonfiglio v. Guglielmo

Record evidence and prior small claims court ruling established plaintiff's actual ownership of dog

Notwithstanding a defendant's nominal ownership of a dog, record evidence and a prior small claims court ruling established plaintiff's actual ownership.

FSTCV165016129S
Povodator, J.

Middlesex J.D.

Kent Literary Club of Wesleyan Univ. at Middletown v. Wesleyan Univ.

Unfair Trade Practices Act Claims Premised on Negligent Misrepresentation not Barred by Contract

Plaintiffs' contracts with the defendant did not bar their claims of violations of Connecticut's Unfair Trade Practices Act where such claims were premised upon allegedly negligent misrepresentations, not breach of contract.

CV15-6013185
Aurigemma, J.

Hartford J.D.

Sullo v. FoodService Supply, LLC

Long-arm Statute Authorized Jurisdiction over Defendant who Allegedly Made In-state Misrepresentations

Connecticut General Statutes applied to give the court jurisdiction over defendant where he allegedly made misrepresentations in state in order to induce the parties to transfer funds.

CV16-6067424
Scholl, J.

New Britain J.D.

Key Personnel, Inc. v. Dept. of Social Services

Department of Social Services' Obligation to Issue Timely Audit Report Was Only Directory

The requirement that the Department of Social Services issue a preliminary audit report within 60 days after concluding the relevant audit was intended to be directory only.

CV16-6031927
Huddleston, J.

United States District Court

Tilcon New York, Inc. v. Indemnity Insurance Co. of North America

Insured Breached Obligation to Timely Notify Insurer of Claim

There were triable issues of fact regarding the extent to which an insurer was prejudiced by its insured's delay in notifying it of a potential claim.

3:14-cv-1296
Arterton, J.

United States District Court

Doctor's Associates, Inc. v. Repins

Arbitration Clause Encompassed Claims Against Affiliates

The defendant's agreement to arbitrate all claims included claims involving the plaintiff's affiliates.

3:17-cv-323
Hall, J.

Connecticut Appellate Court

Johnson v. Raffy's Cafe I, LLC

Purported Claim of Privilege Against Self-Incrimination Did Not Excuse Failure to Plead in Wrongful Death Action

The defendant's failure to file any responsive pleadings in a wrongful death action, while he also faced criminal charges arising from the same incident, was not excused by his purported claim of privilege against self-incrimination.

AC 38268
Mullins, J.

Connecticut Appellate Court

Mandable v. Planning and Zoning Commission of the Town of Westport

Map Not "Resubdivision" Requiring Planning and Zoning Commission Approval

Where there has been no prior subdivision, a map cannot constitute a "resubdivision." The Appellate Court affirmed the trial court judgment.

AC 38369
Lavery, J.

Connecticut Appellate Court

Mangiafico v. Town of Farmington

Plaintiff Could Not Challenge Enforcement Actions That Had Not Yet Commenced

Plaintiff could not challenge municipal enforcement action that had not yet occurred.

AC 37976
Alvord, J.

Connecticut Appellate Court

State v. Henry D.

Child Victim's Videotaped Forensic Interview Admissible As Prior Consistent Statement

The trial court did not abuse its discretion in admitting a child sexual assault victim's videotaped forensic interview as a prior consistent statement after the defendant challenged her credibility at trial.

AC 37118
Lavine, J.

Connecticut Appellate Court

State v. Henderson

Imposition of Multiple Enhanced Sentencing Classifications Did Not Violate Double Jeopardy

The imposition of multiple enhanced sentencing classifications based on same prior felony offense did not violate double jeopardy.

AC 38381
Harper, J.

Connecticut Appellate Court

State v. Guaman

Counsel Advised Defendant of Immigration Consequences of Guilty Plea

The record failed to support the defendant's contention that counsel failed to advise him of the immigration consequences of his guilty plea.

AC 38248
Bear, J.

Connecticut Appellate Court

State v. Chankar

Outdoor Interview Not Custodial

A suspect's interview at an outdoor location was not custodial. The Appellate Court affirmed a judgment of conviction.

AC 37782
Alvord, J.

Connecticut Appellate Court

Lamar v. Brevetti

Police Officers Entitled to Governmental Immunity As to Arrestee's Claims of Negligence

Police officers were entitled to governmental immunity as to an arrestee's claims of negligence against them.

AC 37893
per curiam

Compensation Review Board

Magistri v. New England Fitness Distributors

Claimant's sleep apnea did not preclude compensation for injuries suffered in work-related accident

The claimant's medical condition did not preclude compensation for a work-related injury.

6089 CRB-2-16-4
Mastropietro, Engel and Mlynarczyk

Mashantucket Pequot Tribal Court

Santander Bank, N.A. v. Colebut

Judgment Debt in Excess of Property Value Does Not Bar Auction

The Tribal Court found that it had the power to grant a lender's request for auction where the judgment debt exceeds the fair market value of the property.

MPTC-HS-2014-142
Londregan, J.

Connecticut Supreme Court

Presidential Village, LLC v. Phillips

Trial Court Erred In Relying Upon Equity to Excuse Pet That Violated Real Estate Lease

After Phillips' mother passed away, she moved into her mother's apartment and kept her mother's dog.

SC 19762
Robinson, J.

New Haven J.D.

Labutis v. City of Meriden

Amended Allegations Related Back to Original Claims

Plaintiff's proposed amendments to her complaint involving a slip-and-fall accident related back to her original negligence complaint where they arose out of a single set of facts.

CV16-6059852
Wilson, J.

Litchfield J.D.

Giarnese v. Bianowicz

"Wrong Defendant" Statute not Available to Plaintiff in Second Lawsuit

Plaintiff could not rely on General Statutes § 52-593, the "wrong defendant" statute, to bring this untimely negligence action against the defendants where he knew of their potential liability but failed to plead over against them in his original lawsuit.

CV16-6013341
Pickard, J.

Hartford J.D., at Hartford

Cruz v. Schoenhorn

Legal Malpractice Action Not Timely Filed

The plaintiff's malpractice action was not timely filed within three years of the latest date on which the defendant represented him as counsel.

CV15-5038500
Elgo, J.

Stamford, J.D.

Murphy v. City of Stamford

Plaintiff's Challenge did not Undermine Zoning Board's Site Plan Approval

The zoning board did not act improperly in accepting the architectural data contained in the record and plaintiff failed to undermine the board's decision by attacking the factual basis of the decision with contrary acts without giving the board an opportunity to evaluate those facts.

CV14-5014274
Mottolese, J.

Ansonia/Milford J.D., at Milford

Alanz v. Planning & Zoning Commission of the City of Shelton

Record Supported Zoning Officials Denial of Application to Open Restaurant and Bar

The record supported city zoning officials' denial of the plaintiffs' application to open a full service restaurant and bar.

CV16-6020592
Moran, J.T.R.

New Haven, J.D.

UPSEU, Local 424 v. Town of Wallingford

No Grounds to Support Union's Motion to Vacate Arbitration Award

The plaintiff union, which represented employees of the Town of Wallingford, was not entitled to the relief sought in its application to vacate an unfavorable arbitration award since the court could not review an arbitration award for mere errors of law.

CV14-6044120
Burke, J.

New London J.D., at New London

Chiapperini v. Larson

Allegations of Insurer's Misconduct Sufficed to Support Claims of Bad Faith and CUTPA Violation

An insured alleged facts sufficient to support claims of bad faith and CUTPA violation against his insurer.

CV16-6027713
Bates, J.

Fairfield, J.D.

Gabrysch v. Town of Stonington

Discretionary Act Immunity Inapplicable to Plaintiff's Nuisance Claims

Defendants' discretionary act immunity special defense was inapplicable to plaintiffs' nuisance claims and, therefore, legally insufficient because a municipality's liability for nuisance does not rest on whether the act is discretionary or ministerial.

CV15-6025267
Bates, J.

Ansonia-Milford J.D.

Connecticut v. Sawyer

Evidence of Child Pornography Sufficient to Justify Search Warrant

The issuing court was entitled to draw the reasonable inference from a witness's observations that defendant was in fact in possession of child pornography sufficient to justify a search and seizure warrant.

CV16-0091597
Brown, J.

Fairfield, J.D.

Wells Fargo Bank, N.A. v. Bailey

Attorney Fees not Warranted where Parties Settled Mortgage Foreclosure Action

Plaintiff was not the prevailing party in a mortgage foreclosure action where the action was withdrawn after she admitted the underlying debt and the parties restructured the debt through a settlement agreement.

CV15-6053178
Krumeich, J.

Fairfield, J.D.

Property Tax Management, LLC v. Karageorge

Plaintiff Earned Contingency Fees by Achieving Tax Reductions for Defendant

The plaintiff earned a contingency fee provided for in the parties' contract for tax consulting services where the firm achieved a substantial tax reduction on defendant's behalf.

CV16-6058816
Krumeich, J.

Fairfield, J.D.

Kriwinsky v. Tuthill Finance, LLP

No Breach of Contract or Fiduciary Duty in LLP's Refusal to Redeem Units

The defendant limited partnership and its general partner did not breach the terms of the operative limited partnership agreement or a fiduciary duty to plaintiffs by refusing to redeem their units in the partnership until it obtained consent from its lender.

CV14-6047214
Hartmere, J.

United States District Court

Sanches-Naek v. TAP Portugal, Inc.

Tort and discrimination claims against airline arising from altercation during boarding were preeempted

Plaintiffs' numerous state-law and federal claims against an airline arising from an incident during boarding of international flight were all precluded by the Montreal Convention and the federal Airline Deregulation Act.

3:16-cv-1843
Bolden, J.

United States District Court

Edelstein v. Lucas Brand Equity, LLC

Litigation efficiencies and financial burden on unemployed plaintiff warranted holding deposition of New York defendant in Connecticut

An individual plaintiff who brought wages-and-hours claims against a New York defendant could depose defendant in Connecticut rather than New York.

3:16-cv-1353
Margolis, U.S.M. J.

United States District Court

Doctor's Associates, Inc. v. Repins

Franchise agreement clause obligating out-of-state franchisee to arbitrate in Connecticut not shown to be unconscionable

A franchisor was entitled to enforcement of a provision in the agreement requiring that disputes be resolved by arbitration, with all hearings in Connecticut, but was not entitled to attorney fees and costs incurred in pursuing its motion to compel arbitration.

3:17-cv-323
Hall, J.

United States District Court

U.S. v. Bohannon

Money and drugs found on and near defendant's person when arrested were admissible

Money found in defendant's clothing and drugs found in room where arrested were admissible, but not other items found after resident gave search consent only after being threatened with arrest.

3:16-cr-229
Hall, J.

Connecticut Appellate Court

Heinonen v. Gupton, et al.

Plaintiff Lacked Standing to Sue for Real Estate Fraud

In February 2015, Heinonen sued defendants for real estate fraud. Heinonen alleged that he had transferred his interest in the premises to his three children by means of a trust instrument in 2007.

AC 38414
Per Curiam

Connecticut Appellate Court

State v. Prucker

Loan Payment for Car Purchase Not Connected to Personal Injury Action

The defendants failed to provide any support for their claim that their client's $500 loan payment for the purchase of a new car, made from the settlement proceeds in a personal injury action, was connected to the personal injury action so as to preclude attachment by the state to satisfy a lien.

AC 38509
Prescott, J.

Connecticut Appellate Court

LeSueur v. LeSueur

Trial Court Did Not Err In Child Support Modification Decision

After their marriage dissolved, Andrew LeSueur and Janine LeSueur entered into a separation agreement that provided, among other things, for alimony and child support (for two minor children).

AC 38300
DiPentima, J.

Connecticut Appellate Court

DeEsso v. Litzie

Jury's Minimal Economic Damages Award and Zero Noneconomic Damages Award Were Not Unreasonable As a Matter of Law

DeEsso sued Litzie, alleging that Litzie injured DeEsso during a fight. DeEsso claimed he suffered economic damages totaling $61,483.34, which were unchallenged by Litzie, as well as $297,360 in noneconomic damages attributable to past and future pain and suffering.

AC 38046
Mullins, J.

Connecticut Appellate Court

State v. Williams

Substantial Evidence Supported Guilty Verdict on Charge of Unlawful Restraint

The jury's apparent rejection of certain portions of a victim's testimony did not preclude it from finding the remaining portions sufficiently credible to support one of three charges against the defendant.

AC 37923
Alvord, J.

Connecticut Appellate Court

State v. Sinclair

Prosecutor's Improprieties Did Not Violate Due Process

The prosecutor's improper comments during closing arguments did not deprive the defendant of due process.

AC 38366
Lavine, J.

Connecticut Appellate Court

State v. Toro

Defendant Failed to Raise Key Issue in Main Brief on Appeal

The defendant's failure to address a key issue in his main brief on appeal precluded appellate review.

AC 38215
Mullins, J.

Connecticut Appellate Court

Papallo v. Lefebvre

Plaintiff Produced Evidence Sufficient to Support Claim of Partner's Breach of Fiduciary Duty

The plaintiff produced sufficient evidence of her claims of malfeasance to shift the burden of proof to the defendant to prove his own fair dealing; the trial court committed fundamental error in placing the burden of proof as to this issue on the plaintiff.

AC 38538
Keller, J.

Connecticut Appellate Court

Jonas v. Playhouse Square Condominium Ass'n, Inc., et al.

Trial Court Lacked Authority to Grant Motion to Reopen Judgment That was Filed Beyond Statutory Period

Jonas sued his condominium association in 2008, 2009 and 2010, alleging it failed to repair and maintain his unit's heating system.

AC 38764
Per Curiam

Connecticut Appellate Court

Rendahl v. Peluso

Trial Court Properly Rejected Inconsistent Verdict

The trial court did not abuse its discretion in rejecting an inherently inconsistent verdict and directing the jury to continue its deliberations.

AC 38181
Sheldon, J.

Connecticut Supreme Court

Disciplinary Counsel v. Elder

Bar Complaint Barred by Six-Year Statute of Limitations

In 2014, an individual filed a bar complaint against Elder, alleging that he engaged in professional misconduct in 2004.

SC 19698
Palmer, J.

Connecticut Supreme Court

State v. Donald

Police Did not Violate Criminal Defendant's Miranda Rights

Two police officers suspected that Donald was involved in a recent robbery. They arranged to meet Donald in a public park to discuss an outstanding warrant.

SC 19786
Rogers, J.

Connecticut Supreme Court

Pease v. The Charlotte Hungerford Hospital, et al.

Contempt Is Not Appropriate Remedy for Failure to Satisfy Outstanding Costs

Pease sued the hospital for injuries allegedly sustained as a result of medical malpractice.

SC 19761
Vertefeuille, J.

Hartford J.D., at Hartford

Steinhilper v. Esty

State Employees' Conduct Not Wanton, Reckless, or Malicious

Various state employees' negligence did not rise to the level of wantonness, recklessness, or maliciousness so as to give rise to an exception to sovereign immunity.

CV15-6059849
Noble, J.

New London J.D.

Cyr v. Parys

Defendant Landowner had Constructive Notice of Dimensions of Plaintiff's Lot

The defendant landowner had constructive notice of the dimensions of the parcel originally conveyed to plaintiff, his neighbor, where plaintiff's original deed established its chain of title first.

CV14-6020820
Bates, J.

Hartford J.D.

Hoheb v. Conn. Light and Power Co.

Utility not Liable for Consequences of Interruption in Service Due to Storm

The defendant utility was not liable for the decedent's unforeseeable death resulting from her use of charcoal in an enclosed area of her apartment after power was knocked out.

CV13-6046423
Noble, J.

Stamford J.D.

Donnelly v. Stamford Golf Authority

Application of Highway Defect Statute to Claims Arising from Golf Course Injuries Unresolved

Where plaintiff's complaint alleged he was injured on a footbridge on defendants' golf course, the court could not find as a matter of law that plaintiff's claims fell under the highway defect statute.

CV15-6025707
Jacobs, J.

Litchfield J.D.

Conn. Interlock Risk Mgmt. Agent v. Migalti

Agent's Conduct not in Furtherance of Employer's Business

Defendant's employee was not acting within the scope of any presumptive agency relationship when she drove across a lawn on her way home and struck a gas tank valve.

CV14-6011101
Dooley, J.

Stamford J.D.

Donohoe v. Metropolitan Property & Casualty Ins. Co.

Evidence Supported Jury Finding that Defendant Driver's Negligence did not Cause Plaintiff's Injuries

While the jury found that the defendant driver was negligent, there was sufficient evidence to support the jury's verdict that defendant's negligence did not cause the plaintiff pedestrian's alleged injuries.

CV15-6025403
Grogins, J.

Stamford/Norwalk J.D., at Stamford

Qamar v. Couture

Unpleasant Interactions With Town Officials Did Not Give Rise to Actionable Claims

The plaintiff failed to show actionable injury arising from her unpleasant interactions with town officials.

CV15-5014900
Povodator, J.

Stamford J.D.

Greenan v. Greenan

Child's Best Interests not Served by Granting Father Sole Decision-making on Education

The bests interests of the parties' minor child, who suffers from anxiety and school phobia, were not served by granting father final decision-making authority regarding the child's education.

CV09-40157845
Heller, J.

Stamford J.D.

Toason v. Cablevision of Conn., Ltd Partnership

Complaint Failed to Allege Employer's Violation of Public Policy Against Fraud

Plaintiff's amended complaint failed to allege facts sufficient to show that her termination violated a public policy against fraud where she admitted violating a company benefits policy for over 10 years.

CV16-6027731
Jacobs, J.

Stamford/Norwalk J.D., at Stamford

Manufacturers & Traders Trust Company v. Virgulak

Wife Not Liable for Mortgage Executed by Husband

A lender could not hold a borrower's wife liable for the mortgage note executed by her husband.

CV13-6017120
Tobin, J.T.R.

Stamford J.D.

Levco Tech, Inc. v. Kelly

Evidence Insufficient to Determine Propriety of Special Meeting of Corporate Board

The evidence was insufficient to determine the plaintiff corporation's stock ownership where it was not clear whether the board properly convened a special meeting directing the issuance of additional stock.

CV16-6028629
Jacobs, J.

Stamford/Norwalk J.D., at Stamford

McKay v. Longman

Debtor Concocted Fraudulent Network of LLCs to Shield Assets From Creditor

A debtor abused the law in setting up an elaborate network of LLCs in order to shield his assets from attachment to satisfy his personal debt.

CV10-6007056
Povodator, J.

Fairfield J.D., at Bridgeport

Zuklie Investment Firm, LLC v. JDMN, LLC

LLC Not Liable for Acts of Sole Member in Personal Capacity

A limited liability corporation was not liable for its sole member's breach of an agreement entered into in her personal capacity.

CV15-6052393
Jennings, J.T.R.

Hartford J.D.

Sunbelt Rentals, Inc. v. Hayford Builders, LLC Development, Inc.

Defendant not Liable for Abuse of Process in Mechanic's Lien Foreclosure Action

While plaintiff knew or should have known that the mechanic's lien it filed against defendant's property was invalid, plaintiff did not use unreasonable force or extortionate methods.

CV14-60252189
Noble, J.

Hartford J.D.

Rodriguez v. Hartford Housing Auth. Development, Inc.

Defendant not Prevented from Making Defense as Required by General Statutes § 52-212(a)

The defendant limited liability company could not rely on its own failure to comply with the statutory requirement to maintain an agent for service of process to claim lack of notice of plaintiff's lawsuit.

CV14-60252189
Noble, J.

United States District Court

In re Matthew John Kwong

Bankruptcy Debtor's Failure to File Notice of Appeal within 14 Days Divested Reviewing Court of Jurisdiction

Kwong filed a voluntary petition for bankruptcy under Chapter 13 of the bankruptcy code.

3:17-cv-00496
Underhill, J.

Connecticut Appellate Court

Town of Glastonbury v. Sakon

Substitute Counterclaims Properly Struck Under the Law of the Case Doctrine

Law of the case doctrine properly applied to the striking of substitute counterclaims.

AC 38413
Per Curiam

Connecticut Appellate Court

PMG Land Associates, L.P. v. Harbour Landing Condominium Association, Inc.

Failure to Release Lis Pendens Was Single Act and Not Continuing Course of Conduct

A party's failure to release a lis pendens was a single act for purposes of the applicable statute of limitations, and not a continuing course of conduct.

AC 37965
Beach, J.

Connecticut Appellate Court

Ruff v. Yale-New Haven Hospital, Inc.

Nurse With No Recent Practical Experience Did Not Qualify As Expert on Standard of Care

A nurse with no recent practical experience did not qualify as an expert on the standard of care for a medical procedure.

AC 37749
West, J.

Connecticut Appellate Court

Watkins v. Demo

Amendment of Tax Forms Substantially Complied With Agreement to "Withdraw" Tax Forms

Defendant's amendment of previously filed tax forms substantially complied with parties' agreement that he "withdraw" the previously filed forms.

AC 38402
per curiam

Connecticut Appellate Court

Horey v. Horey

Time Limited or Contingent Alimony Award With Guidelines Appropriately Ordered to Protect Defendant-Wife's Interest

The trial court did not abuse its discretion when ordering a time limited or contingent alimony order upon the sale of plaintiff's business.

AC 38379
Harper, J.

Connecticut Appellate Court

Bruno v. The Travelers Companies

Absolute Immunity Required Dismissal for Lack of Jurisdiction

Because the defendants were entitled to absolute immunity, the court lacked jurisdiction and should have dismissed the case.

AC 38284
Mullins, J.

Connecticut Appellate Court

LM Insurance Corporation v. Connecticut Dismanteling, LLC

Third-Party Audit Report Properly Admitted Under Business Records Exception to Hearsay Rule

A third party's audit report was properly admitted at trial under the business records exception to the hearsay rule.

AC 38179
DiPentima, C.J.

Connecticut Appellate Court

State v. Petion

Permanent and Visible Scar Constituted "Serious Physical Injury"

A permanent and visible scar caused by a knife wound was sufficient to support a finding that the wound constituted a serious physical injury.

AC 37884
Prescott, J.

Connecticut Appellate Court

JPMorgan Chase Bank, N.A. v. Cam

Settlement Terms to be Performed Within a Reasonable Time as Agreement was Silent Regarding Time Being of the Essence

Defendant executed and delivered a note in the amount of $900,000 to non-party Washington Mutual Bank, plaintiff's predecessor in interest, plus a mortgage deed secured by his property.

AC 38622
Lavine, J.

Compensation Review Board

Vitti v. City of Milford

Illness Properly Attributed to Heart Disease

The workers' compensation commissioner properly attributed the claimant's illness to heart disease. The Compensation Review Board affirmed the commissioner's findings and award.

6066 CRB-4-15-12
Mastropietro, Walker, and Salerno

Connecticut Supreme Court

State v. Lee

Conviction for Multiple Counts of Conspiracy from Single Unlawful Agreement Requires Vacatur

Lee was convicted of conspiracy to make a false statement and conspiracy to fabricate physical evidence, arising from a single unlawful agreement.

SC 19688
Per Curiam

Stamford J.D.

Caires v. J.P. Morgan Chase Bank, NA

Purchaser of Washington Mutual Assets had Standing to Bring Foreclosure Suit

Stated precedent established that, through a 2008 purchase and assumption agreement, Washington Mutual Bank, F.A. conveyed all of its assets to J.P. Morgan, N.A. and, thus, J.P, Morgan had standing to pursue a foreclosure claim against the plaintiff.

CV09-6002651
Tierney, J.

Stamford J.D.

Bank of America, N.A. v. Grogins

Moving Defendants Offered no Defense to Underlying Foreclosure Action

The moving defendants failed to establish a basis for their motion to open a default judgment where they offered no viable defense to the underlying foreclosure action.

CV14-6023006
Tierney, J.

Hartford J.D.

Freiman-Mills v. Town of Windsor Locks

Sidewalk Accident Raised Issues of Fact Regarding Application of Highway Defect Statute

There were material issues of fact as to whether the sidewalk on which the plaintiff allegedly fell while walking to a town hall came within the purview of the highway defect statute.

CV14-6054005
Scholl, J.

Waterbury J.D.

Folderauer v. REI Property & Asset Mgmt., Inc.

Landscaper Owed no Duty to Complex Resident to Inspect for Insects

The defendant landscaper contracted with a condominium complex to provide only aesthetic landscaping services and, therefore, did not owe a duty to the plaintiff resident to protect her from injuries caused by wasps on the property.

CV16-6029960
Brazzel-Massaro, J.

New Haven J.D., at New Haven

Hutchins v. Metro Taxi Company, Inc.

Cab Company Owed No Duty to Protect Passenger From Third Parties' Unforeseeable Criminal Conduct

A cab company and its driver owed a passenger no duty to protect her from the unforeseeable criminal conduct of third parties who assaulted her in the cab.

CV16-6059411
Wilson, J.

Hartford J.D., at Hartford

Holt v. Adams

Home Fireworks Display Ultrahazardous Activity

The ignition of illegal fireworks on residential property constituted an ultrahazardous activity.

CV16-6070761
Dubay, J.

Azzarito v. Matthews-Dixon

Azzarito v. Matthews-Dixon

Defendant Failed to Establish Injured Police Officer's Comparative Negligence

There was insufficient evidence of the plaintiff police officer's comparative negligence where he was struck and injured by a fellow police officer who backed up his car suddenly and without warning.

CV15-6021203
Kamp, J.

New Haven J.D., at New Haven

Negri v. Murphy

Employer Not Liable for Employee's Car Accident

Plaintiff was unable to present evidence in support of her claims that an employer was liable to her for a car accident involving on of its employees.

CV15-6054538
Abrams, J.

New Britain J.D.

Gonzalez v. Celebration Foods, LLC

Genuine Issues of Fact Regarding Absence of Pretext for Plaintiff's Termination

The evidence raised genuine issues of material fact as to whether plaintiff's termination was retaliatory or merely the result of the application of employer's attendance policy.

CV13-6021020
Young, J.

Hartford J.D.

Falero v. Rivera

Evidence Supported Jury's Award of Zero Damages

While the jury's initial verdict in this personal injury suit granted plaintiffs economic damages, the evidence at trial provided a rational basis for the jury's final verdict of no economic damages.

CV15-6056209
Dubay, J.

Stamford J.D.

Alpha Beta Capital Partners, LP v. Pursuit Investment Mgmt., LLC

Prejudgment Interest Warranted on Award for Money due Under Contract

Plaintiff was entitled to prejudgment interest, at 10 percent per year, where the court sought to compensate plaintiff for money due under the terms of a contract but wrongfully detained by defendants.

CV15-5014970
Genuario, J.

Stamford/Norwalk J.D., at Stamford

Murphy v. Borges

Failure to Make Payment Defeated Claim for Specific Performance of Purchase Agreement

The plaintiff's failure to make payment in a timely fashion defeated his claim for specific performance of a purchase agreement.

CV16-6027375
Adams, J.T.R.

Hartford J.D., at Hartford

Morey v. Lallier

Contractor's Failure to Execute Written Contract Did Not Cause Homeowner's Damages

Plaintiff failed to show that roofing company's noncompliance with the statutory requirement that it enter into a written contract was the proximate cause of plaintiff's damages.

CV15-6063388
Elgo, J.

Hartford J.D.

Elliot Equities, LLC v. Asphalt Maintenance Paving Contractors, LLC

Statute of Repose did not save Plaintiffs' Action

The statute of repose in General Statute § 52-592 did not save plaintiffs' claims since they were filed more than one year after the court denied plaintiffs' motion to open a judgment of dismissal.

CV16-6069637
Elgo, J.

Fairfield J.D., at Bridgeport

The Lawyers Group Advertising, Inc. v. Law Offices of Craig A. Altman, P.C.

Service Upon Unauthorized Person Not Effective

Service of process upon a person lacking any authority to accept service defeated the service.

CV16-6055687
Krumeich, J.

Bridgeport J.D.

Cushman & Wakefield of Conn., Inc. v. 12 CDT LLC

Post-Confirmation Contract Claim Fell within Court's Jurisdiction under "Close Nexus Test"

Under the "close nexus test" applied by the Second Circuit, the bankruptcy court did not have exclusive jurisdiction over plaintiff's post-confirmation claim for a commission due under a real estate listing agreement.

CV15-6050205
Krumeich, J.

United States District Court

Dwinnell v. Federal Express Long Term Disability Plan, et al.

Remand For Further Consideration Entitles Plaintiff to Recovery of Fees Under ERISA

Dwinnell filed suit under ERISA, challenging the denial of her claim for long term disability benefits.

3:14-cv-01439
Meyer, J.

United States District Court

CSL Silicones, Inc. v. Midsun Group, Inc.

Court Awards Fees to Party Who Successfully Opposed Motion for Protective Order

The court denied Midsun's motion for a protective order and indicated its willingness to award CSL its fees in responding to the motion.

3:14-cv-01897
Haight, J.

United States District Court

Doctor's Associates, Inc. v. Nijjar

Motion to Compel Arbitration Denied Because Agreements Containing Arbitration Clauses Were Ancillary

Doctor's Associates, Inc., the franchiser of Subway sandwich shops in the United States, entered into two franchise agreements with Rambir Nijjar.

3:16-cv-1944
Hall, J.

United States District Court

Stebbins v. S&P Oyster Co.

Plaintiffs' Entitled to Discovery of Fellow Employees' Names and Contact Information

Plaintiffs filing a putative class action were entitled to disclosure of their fellow employees' names and contact information.

3:16-cv-992
Merriam, U.S.M.J.

United States District Court

Mirlis v. Greer

Deponent Failed to Establish Grounds For Refusing to Answer Deposition Questions

A deponent failed to meet his burden of establishing facts sufficient to support his refusal to answer deposition questions based on his claim of clergy-penitent privilege.

3:16-cv-678
Martinez, U.S.M.J.

United States District Court

MacDermid Printing Solutons, LLC v. Cortron Corporation

No Basis to Reinstate Previously Remitted Compensatory Damages Award

Damages previously eliminated as duplicative could not be restored following appeal on unrelated issues.

3:08-cv-1649
Shea, J.

United States District Court

Clark v. United States

Court Denies Criminal Defendant's Myriad Post-Trial Motions But Allows Modification of Restitution Order

A jury convicted Clark on one count of conspiracy to commit wire fraud, thirteen counts of wire fraud, and six counts of money laundering.

3:10-cr-00235; 3:10-cr-00585
Eginton, J

United States District Court

United States Regional Economic Development Authority, LLC v. Matthews

Failure to Repay Supported Claims for Breach of Contract and Unjust Enrichment

Failure to Repay Supported Claims for Breach of Contract and Unjust Enrichment

3:16-cv-1093
Haight, J.

United States District Court

Barnes Group, Inc. v. Int'l Union United Auto. Aerospace & Agricultural Implement Workers of America, et al.

Court Certifies Class Regarding Changes to Retiree Benefits

In 1996, Barnes and the International Union United Automobile, Aerospace and Agricultural Implement Workers of America ("UAW") settled a class action concerning the payment of medical benefits.

3:16-cv-00559
Shea, J.

Connecticut Appellate Court

Robinson v. Robinson

Denial of Child Support Modification Appropriate as no Change in Circumstances

Despite change in residence of minor children, an upward modification of child support was appropriate under the guidelines.

AC 38222

Connecticut Appellate Court

Righi v. Righi

Modification of Child Support Appropriate When Substantial Deviation from the Guidelines Existed

Child support modification was appropriate, even absent a change of circumstances, when original order substantially deviated from the statutory guidelines.

AC 38492
Bishop, J.

Connecticut Appellate Court

State of Connecticut v. Navarro

No Conflict of Interest in Joint Representation

The trial court conducted a reasonable inquiry into defense counsel's joint representation when determining no conflict of interest existed.

AC 37724
Alvord, J.

Connecticut Appellate Court

William Raveis Real Estate, Inc. v. Zajaczkowski

Exclusive Agreement Breached Resulting in Loss of Commission Damages

Sufficient evidence supported the court's finding that defendants breached the parties' agreement and properly awarded fees in association with such damage.

AC 37843
Lavine, J.

Superior Court, Judicial District of Stamford/Norfolk at Stamford

The Wilton Congregational Church, Inc. v. Roche Inc.

Court Strikes Failure to Mitigate and Contributory Negligence Defenses

The Wilton Congregational Church sued Roche, alleging that it breached a contract by negligently installing a defective sprinkler system and that it made misrepresentations about the sprinkler system, and that this conduct violated the Connecticut Unfair Trade Practices Act.

FST CV16-6027400-S
Jacobs, J.

New Haven J.D.

Farrell v. Lincoln National Life Ins. Co.

Plaintiff's Complaint Insufficient to Allege Breach of Contract to Secure Life Insurance

The plaintiff's allegations regarding the defendants' alleged failure to pay death benefits did not satisfactorily allege that a contract existed.

CV16-6066445
Abrams, J.

Bridgeport J.D.

Fairfield Pro-Teck, LLC v. Jewish Home for Elderly of Fairfield Cnty., Inc.

Insufficient Evidence of Clear Intent to Waive Subcontractor's Rights under Mechanics' Lien

The language of the parties' periodic release and waiver did not reflect a clear intent to waive the plaintiff subcontractor's right to file a mechanics' lien for work performed but for which plaintiff had not yet been paid.

CV15-6049465
Jennings, J.

New Britain J.D.

Cook's Common Realty Corp. v. Gagnon

Property Developer had Standing to Sue for Breach of Construction Contracts After Assignment

The plaintiff, a corporate real estate developer, had standing to pursue this breach of contract action against the defendant subcontractors involved in a construction project where plaintiff had a specific, personal and legal interest in the action.

CV12-6016409
Tanzer, J.

Hartford J.D.

Campbell v. Shiloh Baptist Church

Vote to Expel Plaintiff from Church a Valid Expression of Corporate Body of Church

The court lacked authority to inquire further into plaintiff's dismissal from a church congregation after it determined that the dismissal was a valid expression of the corporate body of the church.

CV16-6067714
Noble, J.

United States District Court

Paquin v. Crane Co., et al.

Employee Entitled to Jury Trial on Whether He Was Injured by Asbestos-Containing Products

Paquin alleged that he was injured by exposure to asbestos-containing products.

3:15-cv-218
Thompson, J.

United States District Court

Delsasso v. 1249 Wine Bar, et al.

Former Waitresses' Employment Discrimination Claims to be Decided by Jury

Delsasso alleged that she was sexually harassed by two coworkers and that, after she complained to management, it retaliated against her by terminating her employment and defamed her by telling other employees she was terminated for theft.

3:14-cv-63
Chatigny, J.

United States District Court

Garcia v. Law Offices Howard Lee Schiff P.C.

Potentially Misleading Debt Collection Letter Gives Rise to Claims under Fair Debt Collections Practices Act

Garcia alleged a law firm specializing in creditors' rights litigation violated the Fair Debt Collections Practices Act when it sent him a letter that did not provide him with sufficient detail about his debt.

3:16-cv-00791
Bolden, J

United States District Court

Jacoby & Myers, LLP v. Judges of the Connecticut Superior Court

Court Dismisses Law Firm's Challenge to Attorney Rule Against Fee Sharing

Jacoby & Myers challenged the constitutionality of Connecticut Rule of Professional Conduct 5.4, which restricts the ability of lawyers to share fees or enter into business relationships with non-lawyers, alleging that the rule violated the United States Constitution and should be enjoined.

3:11-cv-817
Chatigny, J.

United States District Court

Goodwin v. City of New Haven, et al.

Police Officer's Disagreement with Department Dress Code Policy Not Actionable

A male member of the New Haven Police alleged that the department implemented a dress code policy that treated male and female officers differently by allowing female officers to dress in clothing that was appropriate for the weather.

3:15-cv-00789
Eginton, J.

Connecticut Appellate Court

Rubenstein v. Rubenstein

Change of Circumstances Supported Modification Of Alimony Order

Change of financial circumstances, beyond an inheritance, supported a modification of the parties' alimony award.

AC 38137
Sheldon, J.

Connecticut Appellate Court

Moore v. Commissioner of Motor Vehicles

Evidence of Failure to Submit to Chemical Alcohol Testing Supported Driver's License Suspension

Sufficient evidence supported the commissioner's suspension of plaintiff's driver's license for failure to submit to chemical alcohol testing.

AC 38146

Connecticut Appellate Court

State of Connecticut v. Morales

Intentional Manslaughter Upheld Following Altercation

Sufficient evidence existed to support a jury's finding that the defendant was guilty of intentional manslaughter during an altercation.

AC 37867
Hartford, J.

Compensation Review Board

DeForest v. Yale New Haven Hospital

Compensable injuries sustained during break were attributable to employment

Injuries sustained during a lunch break on public streets were compensable as occurring during the course of employment.

6075 CRB-3-16-2
Mastropietro, Chairman

2nd Circuit Court of Appeals

U.S. v. Yalincak

No Authority to Vacate a §3664(j)(2) Order which was Final and Appealable

A §3664(j)(2) order was final and appealable as it conclusively determined appellant's entitlement to credit and the district court lacked authority to later vacate such order.

11-5446
Lynch, J.

Connecticut Supreme Court

In Re Santiago G.

Denial of Motion to Intervene in Family Law Proceeding Is Not an Appealable Final Judgment

Maria G. sought to intervene in a parental rights proceeding on the basis that a foreign court had determined that she had a right to custody of the minor child.

SC 19798
Robinson, J.

Connecticut Supreme Court

State v. Bush

Racketeering Conviction Was Not Supported By Evidence

On the first two days of his trial, Bush expressed dissatisfaction with his attorney. Bush then stated he wanted to represent himself and the court allowed him to do so.

SC 19492
Robinson, J.

Connecticut Supreme Court

State v. Chyung

Criminal Jury's Inconsistent Verdicts Require New Trial

A jury convicted Chyung of murder and manslaughter in the first degree with a firearm in connection with the death of his wife.

SC 19375
Rogers, J.

Stamford J.D.

Bank of America, National Assoc. v. Liebskind

Evidence Established Plaintiff's Possession of Note at Time of Foreclosure Action Filing

The evidence established that the original plaintiff was in possession of the adjustable rate note at issue in this foreclosure action on the date the action was commenced.

CV10-6006445
Tierney, J.

Milford J.D.

Duford v. Duford

Governmental Immunity Barred Claims against Town Arising From Discretionary Acts

Plaintiff's allegations against the defendant town arising from a slip and fall accident were barred by governmental immunity because the alleged negligence involved a discretionary act.

CV16-6020466
Stevens, J.

Waterbury J.D.

Acevedo v. Durham School Services, LP

School Bus Company and Driver Potentially Liable for Assault on Student Passenger

The evidence was sufficient to raise a genuine issue of material fact as to whether the defendant bus company and its driver owed a duty to plaintiff, a student allegedly assaulted by fellow bus riders at her stop.

CV14-6025831
Roraback, J.

Hartford J.D.

In Re: Ayvah M.

Mother Failed to Achieve Sufficient Rehabilitation to Warrant Reunion with Neglected Child

Termination of both mother's and father's parental rights was warranted in this case where neither parent had addressed their mental health, substance abuse and housing issues after their minor child had been adjudicated neglected.

CV12-015778
Woods, J.

Waterbury J.D.

Centeno v. Alvarez

Insufficient Evidence to Hold Car's Owner or Insurer Liable Under Family Car Doctrine

Defendants could not be held liable under the Family Car Doctrine where the defendant car owner did not reside in the same household as the negligent driver, the defendant insured did not own the car and neither gave the driver permission to operate the vehicle.

CV14-6023879
Pellegrino, J.

Superior Court for Juvenile Matters at Hartford

In Re Danny S.

Court Terminates Father's Parental Rights Because of Abandonment

After his mother's parental rights were terminated in August 2013, Danny was placed with his maternal aunt, where he bonded with her and her family.

H12-CP13-015133-A
Burgdorff, J.

Middletown J.D.

Muckle v. Pressley

Car Owner Entitled to Damages for Diminished Value of Motor Vehicle

Plaintiff was entitled to damages for the diminution in value of his motor vehicle after an accident with defendant where repairs did not restore the vehicle to its former full market value.

CV15-6013126
Domnarski, J.

Connecticut Supreme Court

Briere v. Greater Hartford Orthopedic Group, P.C.

Amended Complaint Related Back to Original Claim That Surgeon Failed To Properly Plan and Perform Surgery

Detailed allegations in an amended complaint changing specific description of surgical tools allegedly misused by surgeon did not contradict the original claim that the surgeon failed to properly plan and to perform surgery through the use of instrumentality in his control, and therefore the amendments related back to the original complaint.

SC 19576
Rogers, C.J.

Connecticut Supreme Court

Gold v. Rowland

Health Care Plan Participants Not Entitled To Share in Proceeds

Class action state employees and retirees were not contractually entitled, by virtue of their participation in a group health care insurance plan, to share in proceeds following demutualization of the health care plan insurer.

SC 19585
Palmer, J.

Connecticut Supreme Court

State v. Edwards

Admission of Police Testimony Regarding Defendant's Cell Phone

Trial court's admission of improper police officer testimony regarding cell phone records and map was harmless error.

SC 19735
Eveleigh, J.

Litchfield J.D.

Palermo v. Terryville Chevrolet, LLC

Car Dealership Did Not Completely Surrender Control Of Vehicle To Potential Buyer During Test Drive

The defendant car dealership was not absolved of liability for injuries resulting from an accident during a vehicle test drive since it was not clear the dealership's agent surrendered the operation of its vehicle wholly to the potential purchaser.

CV16-60113161
Pickard, J.

Middleton J.D.

Jordan v. Biller

Defendants Liable For Trespass/Removal of Plaintiffs' Trees Where They Had No View Easement

Where defendants' predecessors secured a view easement over plaintiffs' land that was personal to them and did not run with the land, defendants were liable for the removal of plaintiffs' trees.

CV13-6013438
Aurigemma, J.

Middlesex J.D.

Reyher v. Finkeldey

Real Estate Broker Not Obligated to Procure Non-contingency Purchase Agreement To Earn Commission

The evidence was sufficient to establish that the plaintiff real estate broker earned a commission by producing a ready, willing and able buyer to purchase defendant's property, even though the purchase offer contained two contingencies.

CV16-6014640
Domnarski, J.

Deutsche Bank Trust Co. Americas v. Vaught

Bond v. Avdiu

Plaintiff Made Proper Service of Foreclosure Papers On Defendant's Pre-incarceration Abode

Plaintiff properly served defendant with foreclosure documents in accordance with the general rule that service of process upon an incarcerated person may be legally accomplished by service at his pre-incarceration residence.

CV15-6031269
Shortall, J.

Superior Court, Judicial District of Hartford at Hartford

Glatz v. Town of Enfield

Dispute over Whether Statute Applied to Place of Alleged Injury Prevents Summary Judgment

Glatz alleged that she slipped and fell on a patch of ice on a public sidewalk that was owned, managed, maintained or controlled by the Town of Enfield.

CV 15 6063874 S
Scholl, J

Superior Court, Judicial District of Fairfield at Bridgeport

Briere v. Career Technology, LLC, et al.

City Did Not Have Duty to Remove Snow or Ice from Sidewalk

Briere alleged that she was injured when she slipped on accumulated ice on a public sidewalk.

CV 16 6055249S
Arnold, J

Superior Court, Judicial District of Hartford at Hartford

Allen v. Shoppes at Buckland Hills, LLC, et al.

Summary Judgment Motion Denied Because Question of Foreseeability Was for Jury to Decide

Allen, an off-duty police officer, encountered a shoplifter in the mall parking lot who was being chased by mall security.

HHD CV-16-6065734-S
Peck, J.

Superior Court, Judicial District of Fairfield at Bridgeport

Williams v. The Stop & Shop Supermarket Co., LLC

Dispute Over Inspection of Allegedly Defective Shopping Cart Prevents Summary Judgment to Defendant

Williams alleged that the wheel of a shopping cart she was using fell off, causing her to suffer resulting injuries.

FBT CV-16-6054780 S
Krumeich, J.

Superior Court, Judicial District of Fairfield at Bridgeport

Costello v. Goldstein & Peck PC

Plaintiffs' Separate Claims of Legal Malpractice Were Improperly Joined in Single Action

James Costello sued his former lawyer and law firm, alleging they committed malpractice in the handling of his case.

FBT-13-5029935
Kamp, J.

New Haven J.D.

Fidilio v. Ashe

Landlord Owed Duty To Student Who Attended One of Large Parties Held at Building

The defendant landlord, who knew that many large parties had been held in its rental property, owed a duty to plaintiff, a college student who was injured while attending a party at defendant's property.

CV14-6049331
Robinson, J.

Middlesex J.D.

Bartolotta v. TICO Realty, LLC

Landlord Not Liable For Failure To Repair Rental Property Where Tenant Thwarted Repair Efforts

There was insufficient evidence to support tenant's claim for damages where she interfered with landlord's efforts to repair the alleged safety violations in her rental unit.

CV16-5009149
Vitale, J.

New Haven J.D.

Gorski v. Town of Cromwell

Plaintiff's Failure To Exhaust Administrative Remedies Deprived Court Of Subject Matter Jurisdiction

The court lacked subject matter jurisdiction over plaintiff's wrongful termination claims where he failed to exhaust his administrative remedies provided under the applicable collective bargaining agreement.

CV15-6058004
Richards, J.

Stamford J.D.

Hanson v. Hanson

Lifetime Alimony Still Appropriate Where Wife Unlikely to Join Work Force Due to Mental Health Issues

An award of lifetime alimony was still warranted in this case where the reasons for the underlying award, wife's bipolar disorder and mental health issues, still existed.

CV03-0196805
Heller, J.

Stamford J.D.

Norwalk Medical Center LLC v. O & G Industries, Inc.

Defendant Could Not Challenge Legal Sufficiency of Plaintiffs' Claims Through Special Defenses

Defendant erred in filing special defenses challenging the sufficiency of certain allegations in plaintiffs' complaint, as the legal sufficiency of a claim cannot be raised in such a manner.

CV16-6028475
Povodator, J.

Superior Court, Judicial District of Fairfield at Bridgeport

O&G Industries, Inc. v. Bridgeport Zoning Board of Appeals

Substantial Evidence Supported Board of Zoning Appeals Determination

The Bridgeport Board of Zoning Appeals held that O&G was not authorized to engage in concrete crushing and stockpiling, despite the fact such activities had been conducted at its site in the past.

CV-16-6059045 S
Radcliffe, J.

United States District Court

E.R. v. UnitedHealthCare Insurance Company

"Substantial Evidence" Supported Health Insurer's Determination

After several weeks of in-patient residential treatment for an eating disorder, UHC determined that E.R. was able to continue treatment at home, and denied coverage for further residential treatment.

14-cv-01657
Haight, J

United States District Court

Polk v. Sherwin-Williams Company

Unexecuted Settlement Agreement Is Not Enforceable

After Sherwin-Williams terminated Polk's employment, he retained counsel who advised Sherwin-Williams that Polk believed he had been terminated in violation of the law.

3:16-cv-01491
Shea, J.

United States District Court

Hallums v. Department of Veterans Affairs

Court Dismisses Federal Tort Claims Act Suit Filed Without Medical Certification and Beyond Statutory Time Period

Hallums sued the VA, alleging that it misdiagnosed him. The VA denied Hallums' administrative tort claim, and then denied his request for reconsideration on the basis that it was filed too late.

3:15-cv-00841
Bolden, J

United States District Court

Associated Construction/AP Construction, LLC. v. The Hanover Insurance Company, et al.

General Contractor's CUPTA Claim Against Performance Bond Administrator Survives Motion to Dismiss

After its sheetrock subcontractor failed to timely perform on a construction project, Associated sought recovery under performance bonds issued by Handover.

3:15-cv-1600
Shea, J.

Connecticut Appellate Court

Friedman v. Gomez

Plaintiff Did Not Breach Agreement to Convey Title to Home

Defendants who occupied a home for 13 years without making any use or occupancy payments, and without fulfilling their agreement to repay the plaintiff the funds he expended to purchase the house failed to show that the plaintiff committed fraud by retaking possession of the property.

AC 37930
Alvord, J.

Connecticut Appellate Court

Fairfield Merrittview Limited Partnership v. City of Norwalk

No Clear Error in Trial Court's Resolution of Assessment Dispute

Trial court did not clearly err in finding in a property owner's favor with regard to an assessment dispute.

AC 34950
Sheldon, J.

Connecticut Appellate Court

Connecticut Home Health Services, LLC v. Futterleib

Home Care Agreement Must Be in Writing

The parties' oral agreement for the provision of home health care services was not enforceable.

AC 37766
Bishop, J.

Connecticut Appellate Court

State of Connecticut v. Morel

Circumstantial Evidence Supported Judgment of Conviction

Ample circumstantial evidence supported the defendant's conviction for stealing from his employer.

AC 38326
Keller, J.

Connecticut Appellate Court

State of Connecticut v. Linder

Assault Not Accidental

Sufficient evidence support a jury's finding that the defendant intended to assault the victim.

AC 38433
Mihalakos, J.

Compensation Review Board

Rowland v. Town of Woodbridge

Service As Fire Chief Precluded Finding of Total Disability

An injured firefighter's continued service as fire chief precluded a finding of total disability.

6087 CRB-3-16-3
Mastropietro, Walker, and Salerno

Connecticut Supreme Court

Amaral Brothers, Inc. v. Department of Labor

"Tip Credit" Not Applicable to Restaurant Delivery Drivers

"Tip credit" regulations do not apply to restaurant delivery drivers. The Supreme Court affirmed the trial court judgment upholding the Labor Commissioner's decision.

SC 19622
McDonald, J.

New Haven J.D., at New Haven

Johnson v. Rogers

Plaintiffs Injured in Motor Vehicle Accident

Evidence supported award of damages to plaintiffs injured in a car accident.

CV16-6056313
Wilson, J.

Hartford J.D., at Hartford

Greene Law, P.C. v. 2 National Place, LLC

Triable Issues of Material Facts Precluded Summary Judgment on Claims of Vexatious Litigation

Triable issues of material facts precluded summary judgment on a party's claims of vexatious litigation.

CV14-6055493
Noble, J.

Hartford J.D.

Bloomfield Health Care Center of Conn., LLC v. Doyon

Conservator Not Liable To Nursing Facility For Failure To Secure Medicaid Payments For Ward's Care

State law did not support a claim that the defendant conservator was liable to the plaintiff nursing facility for financial losses suffered as a result of defendant's failure to secure Medicaid payments for the care of his ward.

CV16-6065664
Scholl, J.

Hartford J.D.

Baribeault v. Town of Wethersfield

Governmental Immunity Barred Plaintiff's Claims Arising From Slip-And-Fall Accident At Public Pool

Where there were no written guidelines governing the defendant town's operation of its public pool, the plaintiff's negligence claims arising from a slip-and-fall accident at the pool implicated the town's discretionary acts.

CV13-6044064
Shapiro, J.

Superior Court for Juvenile Matters, Twelfth District at Hartford

In re Aaliyah M.

Parents Failed to Participate in Reunification Services

Parents' failure to participate in reunification services warranted termination of parental rights.

CP14-014610
Woods, J.

Hartford J.D.

Gardner v. Wells

Child's Best Interests Not Served by Contact With Mother

The evidence established that it was not in minor child's best interests to maintain contact with his mother due to her mental health issues and substance abuse.

CV15-4080516
Nastri, J.

New Britain J.D.

Deveau v. Deveau

Evidence Insufficient To Support Deviation From Presumptive Child Support Amounts

A magistrate erred in granting a deviation from the presumptive amount of child support in this case involving a shared physical custody arrangement where there was insufficient evidence to support such a deviation.

CV09-4022109
Carbonneau, J.

Middlesex J.D., at Middletown

Hayes v. Pfizer, Inc

No Evidence of Employer's Contractual Obligation to Pay Employee Annual Bonus

Plaintiff failed to show that her employer owed her an annual bonus. The court granted defendant's motion for summary judgment.

CV15-6014614
Domnarski, J.

New London J.D., at New London

Jones v. Jones

No Grounds to Open Judgment and Set Aside Default

Defendant failed to present reasonable cause to open the judgment against her and set aside her default.

CV14-6022355
Vacchelli, J.

Fairfield J.D.

Bond v. Avdiu

Defendant Sanctioned For Willful Violations of Court Order Imposing Parking Injunction

The clear and convincing evidence of defendant's willful violations of a prior injunction limiting her parking options on a private street warranted sanctions.

CV16-6058674
Krumeich, J.

United States District Court

Heinemann v. Patchey

Court Appointed Guardian Was Not Acting Under Color of State Law

Patchey was appointed as Heinemann's guardian by a Florida state court after it found that Heinemann was incompetent.

16-cv-00774
Shea, J

United States District Court

Blackett v. Whole Foods Market Group, Inc.

FMLA Interference and Discrimination Claims Survive Summary Judgment

After Blackett took three separate medical leaves of absence following two injuries, Whole Foods filled his position and did not hire him for another position.

14-cv-01896
Meyer, J

United States District Court

Bourne v. City of Middletown

Public Employee's First Amendment Retaliation and Whistleblower Case Survives Summary Judgment

Bourne was the Board of Education's payroll supervisor. She alleged that, after she expressed concerns to the mayor about certain Board financial conduct that she believed was improper, her supervisor (Haynes), Board superintendent (Frechette) and the Board of Education retaliated against her in a variety of ways.

11-cv-00309
Meyer, J

United States District Court

Laquer v. The Priceline Group, Inc.

Plaintiff Lacked Standing to Sue Online Retailer For Alleged Failure to Refund or Remit Improperly Collected Taxes

Laquer alleged that Priceline collected "taxes" on a rental vehicle he never picked up in San Francisco and that Priceline never refunded those taxes or remitted them to California.

3:16-cv-860
Arterton, J.

United States District Court

Alnabulsi v. Midland Funding, LLC

CUTPA's "Actual Loss" Language Potentially Includes Emotional Harm Damages Associated with Pecuniary Loss

Alnabulsi alleged that Midland erroneously placed a judgment lien on certain real property.

3:15-cv-00247
Shea, J.

Connecticut Appellate Court

Snell v. Norwalk Yellow Cab, Inc.

Criminally Reckless Superseding Conduct Viable Defense to Claim of Negligence

A third party's criminally reckless superseding conduct is a viable defense to a claim of negligence.

AC 38155
Prescott, J.

Connecticut Appellate Court

Jeanette-Blethen v. Jeanette-Blethen

Evidence Supported Order Changing Primary Physical Custody of Minor Children

The trial court did not abuse its discretion in changing the primary physical custody of a couple's two minor children from the mother to the father after the mother's circumstances changed.

AC 38275
per curiam

Connecticut Appellate Court

In re Savannah Y.

Record Supported Termination of Parental Rights

The record supported termination of the respondent's parent rights. The Appellate Court affirmed the judgment.

AC 39594
Bentivegna, J.

Connecticut Appellate Court

Jones v. Department of Children and Families

Plaintiff Failed to Prove Discrimination on Basis of Sexual Orientation

The plaintiff failed to show that he was discriminated against on the basis of his sexual orientation.

AC 37529
Gruendel, J.

Connecticut Appellate Court

State of Connecticut v. Bonds

Hearsay Statements Properly Admitted Under Exception for Statements Against Penal Interest

A fellow perpetrator's out-of-court statements were properly admitted at the defendant's trial under the hearsay exception for statements against penal interest.

AC 38309
Prescott, J.

Connecticut Appellate Court

Stamatopoulos v. ECS North America, LLC

Inability to Prove Ownership Defeated Claims of Conversion and Replevin

The plaintiff's failure to prove ownership of the goods in question defeated his claims of conversion and replevin.

AC 38173
per curiam

Connecticut Appellate Court

Just Restaurants v. Thames Restaurant Group, LLC

Trade Name Could Not Initiate Legal Action

An entity that was a trade name only could not initiate a legal action. The Appellate Court accordingly reversed the judgment below and remanded with directions to dismiss.

AC 3849
per curiam

Compensation Review Board

Pitruzzello v. State of Connecticut Department of Transportation

No Showing That Advancements in Medical Science Warranted Reevaluation of Claimed Brain Injury

The claimant failed to show that advancements in medical science since 2010 would establish that his cognitive problems were the result of a concussion sustained at work.

6093 CRB-8-16-5
Mastropietro, Salerno, and Engel

Compensation Review Board

Dwyer v. Insperity Services, L.P.

No Error in Trial Commissioner's Assessment of Experts' Credibility

The trial commissioner did not err in giving more weight to the findings of the respondents' expert than to those of the claimant's expert.

6083 CRB-6-16-3
Mastropietro, Walker, and Salerno

Compensation Review Board

Bradford v. Griffin Health Services Corp.

Employer Not Precluded From Contesting Employee's Claim

The claimant failed to show that her employer should be precluded from contesting her workers' compensation claim.

5878 CRB-4-13-9
Mastropietro, Walker, and Salerno

United States Court of Appeals for the Second Circuit

Marin-Marin v. Sessions

Eighth Amendment Not Applicable to Order of Removal

Because an alien's removal is not punishment, it is not subject to Eighth Amendment proportionality analysis.

15-2074

Connecticut Supreme Court

State of Connecticut v. Milner

Trial Court Properly Denied Motion for Disqualification

The defendant failed to establish error in the trial judge's denial of defendant's motion to recuse himself.

SC 19759
McDonald, J.

Connecticut Supreme Court

Burns v. Adler

Homeowner's Refusal to Pay Contractor Not Bad Faith

A homeowner did not act in bad faith for purposes of the Home Improvement Act by refusing to pay a contractor based on a genuine dispute about the amounts billed under the parties' contract.

SC 19560
Rogers, C.J.

Fairfield J.D., at Bridgeport

Sena v. American Medical Response of Connecticut, Inc.

Parties Disputed Duration of Civil Preparedness Emergency

A genuine issue of material fact as to when a civil preparedness emergency ended precluded a grant of judgment to the defendant, as a matter of law, based on its claim of immunity.

CV15-6048410
Kamp, J.

Middlesex J.D.

Saybrook Manor Cove Association, Inc. v. Saybrook Manor Beach, Inc.

Adverse Possession Claim Unsupported by Allegations of Specific Acts of Ownership

Plaintiffs failed to support their claim of adverse possession with allegations of specific acts indicative of ownership.

CV16-6015953
Aurigemma, J

Hartford J.D., at Hartford

Frayler v. Davis

Medical Provider's Alleged Failure to Supervise New Associate Not Medical Malpractice

No good faith opinion letter was required to support a claim of ordinary negligence against a medical provider.

CV61-6066590
Peck, J.T.R.

Stamford/Norwalk J.D., at Stamford

Manzo-Ill v. Schoonmaker

Plaintiff Failed to Show Timely Filing of Legal Malpractice Action

The plaintiff failed to show that her legal malpractice action was timely commenced within three years of when the defendant law firm last represented her.

CV13-5014084
Povodator, J.

Ansonia/Milford J.D., at Milford

Tarini v. Duffy

Board-Certified Surgeon's Expert Witness Fee Set At $750/Hour

Upon motion for a determination of appropriate expert witness fees, the court determined that a surgeon's deposition fee should be set at $750 per hour.

CV10-6002201
Stevens, J.

Waterbury J.D., at Waterbury

Schofield v. Loureiro Engineering Associates, Inc.

Public Policy No Bar to Employer Requiring Employee to Submit to Hair Drug Test

Public policy does not prohibit a private employer from requiring an employee to submit to a drug test based on a hair sample.

CV14-6024702
Roraback, J.

Fairfield J.D., at Bridgeport

Robitaille v. Town of Stratford

Administrative Complaint Against Supervisor Sufficed to Also State Claims Against Municipal Employer

A town employee's complaint to the Commission on Human Rights and Opportunities regarding discrimination by a supervisor sufficed to also state claims against the town.

CV15-6053873
Kamp, J.

Litchfield J.D., at Litchfield

PMI Shares, Inc. v. Sima Interbational, Inc.

Temporary Injunctive Relief Not Warranted

The plaintiff was not entitled to a temporary injunction where the only relief sought was financial and the plaintiff failed to show that it would suffer significant and irreversible damage if a temporary injunction were not granted.

CV16-6013981
Moore, J.

Litchfield J.D., at Litchfield

Donahue v. Vondwingelo

Claim for Balance Due on Loan Offset by Unpaid Rent

The plaintiff's claim against defendants for the unpaid balance on a loan was offset by their claim for unpaid rent.

CV15-6012310
Pickard, J.T.R.

Waterbury J.D., at Waterbury

Bucks Hill Realty, LLC v. Genter Healthcare, Inc.

Factual Disputes Precluded Enforcement of Contract's Forum Selection Clause

Disputed issues of material fact regarding the formation and terms of a contract precluded summary enforcement of a forum selection clause contained therein.

CV16-6029957
Shah, J.

New Britain J.D.

Flanagan v. State of Connecticut Department of Motor Vehicles

Hearing Officer May Reject Unrebutted Expert Report As Unpersuasive

A hearing officer acted within his discretion in rejecting an unrebutted expert report as unpersuasive.

CV16-6034201
Huddleston, J.

New Britain J.D.

Adams v. Commissioner of Motor Vehicles

Substantial Evidence Supported DUI Finding

Substantial and reliable evidence supported a finding that the plaintiff was operating a motor vehicle while under the influence of drugs or alcohol.

CV16-6033742
Huddleston, J.

United States District Court

Karavitis v. Matika U.S.A., Inc.

Plaintiff's Proposed Expert Not Qualified to Offer Expert Opinion, Resulting in Summary Judgment For Defendant

The plaintiff was allegedly injured while using a circular power saw. He sued the manufacturer and asserted defective design and failure-to-warn theories.

14-cv-00913
Bryant, J

United States District Court

Scandul v. Student Transportation of America, Inc.

No Entitlement to Punitive Damages Against Reckless Driver's Employer

A plaintiff injured in a car accident was limited to recovering compensatory damages only from the allegedly reckless driver's employer.

3:16-cv-58
Arterton, J.

United States District Court

Courteau v. Teachers Ins. Co.

Court Grants Motion to Dismiss CUIPA and CUTPA claim in Coverage Suit Arising Out of Cracks In Basement Wall

The plaintiffs alleged their homeowner's insurer improperly denied coverage for damage caused by cracks in their basement walls, despite the fact other courts had held "virtually identical" claims were covered.

3:16-cv-580
Shea, J.

United States District Court

Vermont Mutual Insurance Company v. Samson

Home Day Care Center Excluded From Coverage Under Homeowners' Policy

A home day care operator's homeowner's policy did not provide coverage for injuries sustained when the parent of one of her charges was bitten by the homeowner's dog while retrieving his child from day care.

3:16-cv-00034
Bryant, J.

Hannah v. Wal-Mart Stores, Inc.

Hannah v. Wal-Mart Stores, Inc.

Defendants' Failure to Identify Witnesses In Initial Disclosures Did Not Preclude Their Testimony At Trial

The defendants did not identify certain witnesses in their initial disclosures, but identified them during discovery.

3:12-cv-01361
Bolden, J.

United States District Court

Bailey v. Grocery Haulers, Inc.

Plaintiff's Sexual Orientation Discrimination Claim Survives Motion to Dismiss

A tractor-trailer driver alleged that Grocery Haulers, his former employer, terminated his employment after he refused an assignment that would have required him to drive in excess of the limits imposed by the Department of Transportation.

3:15-cv-1835
Arterton, J.

United States District Court

Schuman v. Aetna Life Ins. Co.

Ambiguities in Disability Policy Warranted Remand

Ambiguities on a disability policy warranted remand. The court granted in part and denied in part cross-motions for summary judgment and other relief.

3:15-cv-1006
Underhill, J.

United States District Court

Mulligan v. Department of Developmental Services

Employee Failed to Show Discrimination Based on Gender

The plaintiff failed to show that his unpleasant work situation was the result of gender discrimination.

3:14-cv-01793
Eginton, J.

United States District Court

Dalamagas v. Leonidas

Plaintiff's Fraud and Unpaid Wages Claim Survives Motion to Dismiss

Dalamagas and Leonidas owned equal shares in several companies. In November 2012, they entered into an Equity Purchase Agreement pursuant to which: (1) Leonidas purchased all of Dalamagas' interests; and (2) the parties agreed that Dalamagas would work as a consultant.

3:16-cv-00638
Thompson, J.

Connecticut Appellate Court

Grant v. Grant

No Evidence Supported Financial and Contempt Orders in Dissolution Action

The trial court's orders in a marital dissolution action were unsupported by evidence. The Appellate Court reversed the judgment in part and remanded.

AC 37658
DiPentima, C.J.

Connecticut Appellate Court

State of Connecticut v. Martinez

Any Evidentiary Error Harmless

Ample evidence of defendant's guilty rendered any evidentiary error harmless. The Appellate Court affirmed a judgment of conviction.

AC 38788
Keller, J.

Connecticut Appellate Court

State of Connecticut v. Day

Unduly Suggestive Identification Procedures Did Not Render Identification Unreliable

Unduly suggestive identification procedures did not render the victims' identification of their assailant unreliable.

AC 36834
Sheldon, J.

Connecticut Appellate Court

Countrywide Home Loans Servicing, L.P. v. Peterson

No Evidence Substantiated Existence of Purported Mortgage Insurance Policy

The defendant failed to provide any evidence to substantiate her claim that her debt to the plaintiff should be recalculated to reflect monies owed to the plaintiff under a mortgage insurance policy.

AC 37764
per curiam

Mashantucket Pequot Tribal Court

Barnes v. Mashantucket Pequot Gaming Enterprise

Emailed Notice of Decision Not "Personal Service"

The transmission of a notice of employment decision by email does not constitute "personal service" for purposes of triggering the applicable 30-day appeal period.

MPTC-CV-2016-166
O'Connell, J.

Connecticut Supreme Court

Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act

Independent Business Need Not Generate Income to Satisfy Part C of ABC Test for Independent Contractors

An individual's independent business need not generate outside income in order to satisfy part C of the ABC test for determining whether that individual is an employee or an independent contractor.

SC 19651
Rinson, J.

New Britain J.D.

Kubanek v. Star

Factual Disputes Precluded Finding That Marriage Was Either Valid or Invalid

Factual disputes precluded finding that decedent's marriage was either valid or invalid.

CV16-6032449
Young, J.

Hartford J.D., at Hartford

Argintaru v. RPL Associates, LLC

Property Owner Had No Duty to Maintain Leased Premises

The terms of a lease precluded finding that a property owner owed a duty of care to persons visiting its leased premises. The court granted summary judgment to the property owner.

CV15-6062369
Shapiro, J.

Waterbury J.D., at Waterbury

Mirabilio v. Opticare, P.C.

No Basis to Exclude Expert Testimony in Medical Negligence Case

The court found no basis for excluding proposed expert testimony regarding the damage caused by defendant's failure to timely diagnose plaintiff's glaucoma.

CV14-6025593
Brazzel-Massaro, J.

New Haven J.D., at Meriden

Doherty v. Connecticut CVS Pharmacy, LLC

Claim of Negligence in Dispensing of Prescription Sounded in Medical Malpractice

Allegations of negligence in the dispensing of a prescription sounded in medical malpractice and thus required a certificate of good faith and an opinion letter from a similar health care provider.

CV16-6009283
Cronan, J.

Waterbury J.D., at Waterbury

DeVito v. Roy

Disqualification of Law Firm Not Warranted

Plaintiff's representation by the same law firm that represented defendant in an unrelated matter years before did not merit disqualification.

CV15-6027583
Taylor, J.

Hartford J.D., at Hartford

Companions and Homemakers, Inc. v. DeClemente

Commencement of Eviction Proceedings Did Not Entitle Landlord to Withhold Portion of Security Deposit

The parties' lease did not provide for the landlord to withhold a portion of the tenant's security deposit to pay the landlord's attorney fees incurred in commencing, but later withdrawing, eviction proceedings.

CV15-5039261
Elgo, J.

Hartford J.D., at Hartford

Villages LLC v. Longhi

Zoning Commission Member Not in Privity With Commission

The plaintiff's prior successful challenge of a zoning commission decision did not collaterally estop a commission member from subsequently defending claims asserted against her individually.

CV12-6036028
Peck, J.T.R.

New Haven J.D., at New Haven

Pfister v. Madison Beach Hotel, LLC

No Requirement to Exhaust Administrative Remedies

The plaintiffs in an action alleging violations of a variance and of local zoning regulations were not, on the facts presented, required to exhaust administrative remedies prior to bringing suit.

CV15-6055458
Wilson, J.

Fairfield J.D., at Bridgeport

Clanton v. Westport Zoning Board of Appeals

Homeowners' Desire to Expand Living Space Insufficient to Support Granting of Zoning Variances

Homeowners' desire to expand their living space did not constitute the "exceptional difficulty and unusual hardship" required to support the granting of zoning variances.

CV16-6057526
Krumeich, J.

Windham J.D.

Enfield Lodging, LLC v. Zurich American Insurance Company

Two Insurers Shared Equal Liability for Wrongful Death Settlement

Two insurers were equally liable for their share of a wrongful death settlement involving multiple insureds.

CV11-6003795
Boland, J.

Hartford J.D., at Hartford

Rollo v. Derek's Home Improvement, LLC

Principals Could Be Held Liable for Torts Committed by LLC

The defendants could be sued in their individual capacities for torts committed by the LLC in which they were principals.

CV16-6067491
Elgo, J.

Stamford/Norwalk J.D., at Stamford

Vision Financial Markets, LLC v. Lu

No Merit to Defendant's Claim Never to Have Had Any Dealings With Plaintiff

The record contradicted the defendant's assertion that he never did business with the plaintiff.

CV16-5016190
Adams, J.T.R.

New Britain J.D.

Prout v. Mukul Luxury Boutique Hotel & Spa

Solicitation of Business in Connecticut Supported Exercise of Personal Jurisdiction

Nicaraguan hotel owners' solicitation of business in Connecticut was, under the circumstances presented, sufficient to support the exercise of personal jurisdiction.

CV15-6029341
Wiese, J.

United States District Court

Colon v. Metro-North Commuter Railroad Company

Triable Issues of Fact As to Railroad's Liability for Injuries Suffered by Trespasser

There were triable issues of material fact as to a railroad's liability for injuries suffered by a man who trespassed on railroad property.

3:13-cv-00325
Meyer, J.

United States District Court

Cote v. United of Omaha Life Insurance Company

Triable Issues of Fact As to Whether Insured Lied on Life Insurance Application

Triable issues of material fact precluded a grant of summary judgment on the issue of whether an insured made a knowing and material misrepresentation about his health in filling out his application for life insurance.

3:14-cv-01644
Bolden, J.

United States District Court

Beamon v. Yale New Haven J.D., at New Haven Horpital, Inc.

Hospital Employee's Complaint About Alleged Assault by Physician Not Matter of Public Concern

A hospital employee's complaint about the alleged inappropriate conduct of a physician on a single occasion did not relate to a matter of public concern so as to trigger the protections afforded private employees under CGS §31-51q.

3:16-cv-181
Arterton, J.

United States District Court

Langan v. Johnson & Johnson Consumer Companies, Inc.

Triable Issues of Fact As to Whether Labeling of Products As "Natural" Was Misleading

Triable issues of material fact precluded a grant of summary judgment to either plaintiff or defendant in two actions alleging the deceptive marketing of consumer products as "natural."

3:13-cv-1470
Meyer, J.

United States District Court

Bell v. Survey Sampling International, LLC

Defendant May Not Settle Individual Plaintiff's Claims to Prevent Class Action

A defendant may not tender funds to settle an individual plaintiff's claim so as to prevent her from pursuing class claims.

3:15-cv-1666
Shea, J.

United States District Court

Wilmington Savings Fund Society, FSB v. Universitas Education, LLC

Motion For Reconsideration Without Merit

A party's motion for reconsideration was utterly without merit. The court denied the motion.

3:15-cv-911
BRYANT, J.

Connecticut Appellate Court

Holmes v. Safeco Insurance Company of America

Inclusion of Fire Coverage in All-Risk Policy Does Not Transform It Into Standard Fire Insurance Policy

The inclusion of fire coverage in an all-risk homeowners' policy does not convert that policy into a standard fire insurance policy for purposes of Connecticut law allowing 18 months for the filing of a lawsuit alleging an insurer's breach of such a policy.

AC 37936
Sheldon, J.

Connecticut Appellate Court

State v. Snowden

Failure to Challenge Alleged Error in Trial Court Precluded Appellate Review

Defendant's failure to object to the joinder of charges in the trial court precluded him from challenging joinder on appeal.

AC 38758
Sullivan, J.

Connecticut Appellate Court

State v. Carlos P.

Convictions for Sexual Assault and Attempted Sexual Assault Violated Double Jeopardy

Convictions for both sexual assault and attempted sexual assault, arising out of the same incident, violated the prohibition against double jeopardy.

AC 39616
Lavine, J.

Connecticut Appellate Court

State v. Berthiaume

Eyewitness Identification Not Tainted by Spontaneous Recognition of Perpetrator's Newspaper Photograph

An eyewitness's spontaneous recognition of a perpetrator from a newspaper photograph was not the product of unduly suggestive private conduct so as to bar the admission of her identification at trial.

AC 37913
Flynn, J.

Connecticut Appellate Court

State v. Ames

Murderer Failed to Prove Affirmative Defense of Extreme Emotional Disturbance

The defendant failed to establish her affirmative defense of extreme emotional disturbance.

AC 38397
Mullins, J.

Connecticut Appellate Court

Ampero v. Commissioner of Correction

Defense Counsel's Performance Not Shown to Be Deficient

The petitioner failed to show that defense counsel's performance was deficient.

AC 38575
Norcott, J.

Connecticut Appellate Court

Al Dente, LLC v. Consiglio

High Bid in Bidding Contest for Successful Business Did Not Obligate Seller

The plaintiff's submission of the high bid in a bidding contest for a restaurant did not obligate the sellers to sell their restaurant to the plaintiff.

AC 38279
Prescott, J.

Connecticut Appellate Court

Town of Ledyard v. WMS Gaming, Inc.

Award of Attorney Fees Not Appealable Before Amount of Award Is Determined

A judgment awarding attorney fees to plaintiff was not appealable until the trial court determined the amount of attorney fees to which the plaintiff was entitled.

AC 39746
DiPentima, C.J.

United States Court of Appeals for the Second Circuit

Umbach v. Carrington Investment Partners (US), LP

Amendment of Agreement to Curtail Investor's Right to Withdraw Funds Constituted Breach

A hedge fund's amendment of a limited partnership agreement to prevent a limited partner's withdrawal of funds breached their agreement.

15-1285

Connecticut Supreme Court

State v. McClain

Failure to Instruct on Consciousness of Guilt Not Plain Error

The trial court's decision not to instruct the jury on consciousness of guilt was not plain error warranting reversal.

SC 19532
Robinson, J.

Connecticut Supreme Court

State v. Davis

Witness Testimony Proved Defendant Did Not Hold Valid Handgun Permit

The evidence at defendant's trial was sufficient to prove that he did not hold a valid permit for the handgun found in his possession.

SC 19511
Espinosa, J.

Connecticut Supreme Court

State v. Bennett

Denial of Material Witness Warrant Did Not Deprive Defendant of Fair Trial

Defendant's inability to provide an address for a missing defense witness was fatal to his claim that the trial court's refusal to issue a material witness warrant deprived him of a fair trial.

SC 18862
McDonald, J.

New Haven J.D., at New Haven

Maroney v. Whitney Imaging Center, LLC

Genuine Issue of Material Fact As to Cause of Plaintiff's Fall

The parties' dispute as to what caused plaintiff's injuries amounted to a genuine issue of material fact.

CV16-6059692
Wilson, J.

New London J.D., at New London

Korineck v. Ridley-Lowell Business and Technical Institute, Inc.

Stairway Where Injury Occurred Not Part of Defendant's Leased Premises

A business operator successfully rebutted a claim that it had control over the stairway leading to the second floor offices that it leased from the property owner.

CV15-6024059
Bates, J.

Fairfield J.D., at Bridgeport

Dalomba v. BML Tool & MFG Corp

Genuine Issue of Material Fact As to Who Employed Temporary Worker

Multiple facts contravened defendant's claim that it was plaintiff's employer and thus immune from suit for personal injuries sustained by plaintiff on its premises.

CV15-6051716
Krumeich, J.

Stamford/Norwalk J.D., at Stamford

Bushansky v. The Phoenix Companies, Inc.

Settlement of Stockholder's Challenge to Proposed Merger Fair, Reasonable, and Adequate

The settlement between a stockholder and a public company regarding a proposed merger was fair, reasonable, and adequate.

CV15-6027891
Genuario, J.

Middlesex J.D., at Middletown

Caron v. Connecticut Pathology Group, P.C.

Clinical Pathologists' Opinion Letter Insufficient to Support Claim of Anatomic Pathologists' Malpractice

An opinion letter from a clinical pathologist was insufficient to support a claim of malpractice that focused on the alleged errors of anatomic pathologists.

CV16-6016245
Domnarski, J.

Waterbury J.D., at Waterbury

Carda v. Alliance Medical Group, Inc.

Genuine Issue of Material Fact Existed As to When Plaintiff Discovered Defendant's Involvement in His Injury

A genuine dispute as to when plaintiff discovered defendant's involvement in his medical treatment precluded a finding that plaintiff's claims against defendant were time-barred.

CV15-6026376
Brazzel-Massaro, J.

Hartford J.D.

Chief Disciplinary Counsel v. Wang

Application for Readmission to State Bar Denied

Attorney's conduct did not warrant reinstatement to the State Bar.

CV14-6048385
per curiam

Hartford J.D., at Hartford

Niziankiewicz & Miller Reporting Services, LLC v. Beebe

Unfulfilled Expectation Insufficient to State Claim of Fraud

Party's mere belief that the services provided him would be different than they actually were was insufficient to state a claim for fraud.

CV15-6060954
Noble, J.

New London J.D., at New London

Fashion Outlets at Foxwoods, LLC v. Foxwoods Fashion Outlets, LLC

Plaintiffs Adequately Pleaded Claim of Breach of Contract

Defendants' challenges to the sufficiency of breach of contract and civil theft claims were without merit.

CV15-6025330
Bates, J.

New Britain J.D.

DEB Realty, LLC v. Fortunato Construction Group, Inc.

Property Owner Not Liable for Renovations Performed for Tenant

A property owner was not liable to a contractor for work performed for the benefit of its tenant.

CV16-6034915
Young, J.

United States District Court

Grayson v. General Electric Company

Class Certification Appropriate As to Breach of Warranty Claims Arising From Defective Microwave Oven

Plaintiffs' claims relating to an alleged defect in defendant's microwave oven warranted class certification.

3:13-cv-1799
Eginton, J.

United States District Court

Trella v. Wal-Mart Stores, Inc.

Patient's Fall From Operating Table Not Result of Medical Malpractice

No medical training is required to know that a patient must be prevented from falling off an operating table.

3:15-cv-1211
Thompson, J.

United States District Court

Fernandez v. Zurich American Insurance Company

Insurer Had Duty to Defend Insured Against Third Party Complaint

The plaintiff met its burden of showing that at least one allegation in a third-party complaint against possibly fell within the coverage of defendant's liability policy.

3:15-cv-00228
Shea, J.

United States District Court

Uyar v. Seli

Medical School Potentially Liable for Professor's Sexual Harassment of Post-Doctoral Fellow

A post-doctoral fellow adequately alleged claims of sexual harassment against a medical school based on the conduct of its professor.

3:16-cv-186
Bryant, J.

United States District Court

Cecchini v. Schenk

Police Officer Alleged Retaliation by Two Superiors

A police officer adequately alleged a causal connection between his report of misconduct against a fellow officer and adverse actions taken against him by two of his superiors.

3:14-cv-1704
Shea, J.

United States District Court

MedPricer.com, inc. v. Becton, Dixon, and Company

Fees Charged for Medical Supplier's Use of Online Auction Platform Violated Anti-Kickback Statute

The host of an online auction platform for the purchase and sale of medical supplies violated the Anti-Kickback Statute by charging a seller a fee calculated as a percentage of the proceeds from its sales.

3:13-cv-1545
Shea, J.

United States District Court

Edwards v. Cornell

Plaintiffs' and Defendants' Testimony Conflicted As to Police Officers' Alleged Use of Excessive Force

Plaintiffs' and defendants' conflicting testimony precluded the entry of judgment as a matter of law in favor of defendants.

3:13-cv-878
Garfinkel, U.S.M.J.

Connecticut Appellate Court

R.T. Vanderbilt Company, Inc. v. Hartford Accident and Indemnity Company

Insured and Insurers Litigated Liability for Thousands of Claims of Asbestos Injury

Insurers and insured litigated their respective liability for thousands of personal injury actions arising from exposure to asbestos.

AC 36749
Lavine, Beach, and Bear, Js.

Connecticut Appellate Court

McDonald v. McDonald

Doctrine of Res Judicata Barred Successive Action for Partition of Real Property

Plaintiff's current action for partition was, in all significant respects, identical to his prior unsuccessful action for partition by sale, and was thus barred by the doctrine of res judicata.

AC 38289
Sheldon, J.

Connecticut Appellate Court

Ding v. Lazaro

Plaintiff's Notice of Claim Adequately Identified Alleged Defect in City Street

Plaintiff's notice of claim to the City of Stamford adequately identified the location of a manhole alleged to be defective and to have caused an automobile accident in which plaintiff was injured.

AC 38297
Alvord, J.

Connecticut Appellate Court

Rosa v. Commissioner of Correction

Defense Counsel's Failure to Seek Mistrial Not Shown to Be Ineffective

Defendant's acquittal as to the most serious of the charges against him undermined his claim that defense counsel was ineffective for failure to request a mistrial on grounds of juror bias.

AC 37573
Harper, J.

Connecticut Appellate Court

21st Mortgage Corporation v. Schumacher

Plaintiff Had Standing to Foreclose

Plaintiff was the holder of a mortgage with standing to foreclose. The Appellate Court affirmed the trial court judgment granting strict foreclosure.

AC 38219
Mullins, J.

Connecticut Supreme Court

Wall Systems, Inc. v. Pompa

Record Did Not Support Imposition of Constructive Trust on Jointly Owned Assets

No evidentiary basis supported the trial court's imposition of a constructive trust on assets owned jointly by a husband and wife as a remedy for wrongdoing by the husband only.

SC 19734
Rogers, C.J.

Connecticut Supreme Court

Horner v. Bagnell

Former Partner Entitled to Share of Contingency Fees Paid After Partnership Ended

Contingency fees earned by an attorney both during his partnership with another attorney and after that partnership ended, but not paid until after the partnership was dissolved, needed to be divided between the two partners.

SC 19700

Fairfield J.D., at Bridgeport

Silano v. Cooney

Complaint to Police Insufficient to Support Claim of Malicious Prosecution

The defendant's complaint to the police was insufficient to support causes of action for either malicious prosecution or defamation.

CV14-6045374
Hartmere, J.T.R.

Hartford J.D., at Hartford

Short v. State of Connecticut

Standard Tallow Hearing Required to Determine Jurisdiction Over Claim Against State

Because the record was insufficient to permit a finding as to whether the claims commissioner considered and adjudicated plaintiff's claim against the State, the court scheduled an evidentiary hearing on that issue.

CV16-6066375
Dubay, J.

Stamford/Norwalk J.D., at Stamford

Nizzardo v. Badoyannis

Attorney Entitled to Absolute Immunity for Actions Undertaken in Representing Client in Dissolution Action

An attorney was entitled to absolute immunity for her actions in drafting documents on behalf of her client during dissolution proceedings.

CV13-6020100
Tierney, J.T.R.

Fairfield J.D., at Bridgeport

Reef Inc. v. Town of Stratford P&Z

Zoning Commission's Approval of High School Renovation Project Not Arbitrary or Illegal

A neighboring property owner failed to show that a zoning commission decision approving a high school expansion and renovation project was arbitrary or illegal.

CV16-6058900
Krumeich, J.

New Haven J.D., at Waterbury

Hutterly v. Miller

Post-Secondary Education Statute Not Applicable Retroactively

The state's post-secondary education statute does not apply to children for whom an original support order was entered prior to the statute's effective date.

FA98-0148843
Murphy, J.

Hartford J.D., at Hartford

Finney v. Zahedi

Expert Opinion Tendered During Prior Litigation Absolutely Privileged

Because a medical expert's opinion submitted in child custody proceedings was absolutely privileged, the court granted his motion to dismiss subsequent claims of blackmail, fraud, and negligence based on the expert's submission of that opinion.

CV16-5041599
Elgo, J.

Waterbury J.D., at Waterbury

U.S. Bank, N.A. v. Orlando

Triable Issues of Fact As to Lender's Alleged Misrepresentations to Borrower

Contested issues of fact as to a lender's alleged misrepresentations to a borrower during loan modification proceedings precluded summary judgment in the lender's favor in an action for foreclosure.

CV11-6011982
Taylor, J.

Stamford/Norwalk J.D., at Stamford

Tiplady v. Maryles

Relationship Between LLCs Precluded Grant of Summary Judgment

The relationship between two limited liability companies was sufficiently confusing to preclude a grant of summary judgment to the one denying responsibility for alleged negligence.

CV07-5003525
Povodator, J.

New Haven J.D., at New Haven

Antoine v. Elm City Communities

Motion for Extension of Time Applies to Generic Pleading Deadlines Only

A motion for extension of time does not apply to the time limitation for filing a motion to dismiss on grounds subject to waiver under §10-32 unless it states such request expressly.

CV16-5037046
Ecker, J.

New Britain J.D.

Krawiec v. Connecticut State Employees Retirement Commission

Personal Service of Administrative Appeal Had to Be Completed Within Statutory Time Limit

Personal service of appeal from administrative decision had to be completed within the 45 days permitted under the relevant statute.

CV16-6035322
Huddleston, J.

United States District Court

State of Connecticut v. YP Advertising & Publishing, LLC

Need to Interpret Collective Bargaining Agreement Triggered Federal Question Jurisdiction

The complete preemption doctrine applied to a case requiring interpretation of a collective bargaining agreement (CBA), thus triggering federal question jurisdiction.

3:16-cv-1424
Shea, J.

United States District Court

Edelson v. Chapel Haven, Inc.

Provider's Termination of Services To Developmentally Disabled Adult Did Not Violate Medicaid Act

A service provider's termination of services to a developmentally disabled client did not violate either the integration or free choice mandates of the Medicaid Act.

3:15-cv-1862
Underhill, J.

United States District Court

Beyer v. Anchor insulation Co., Inc.

Portions of Proposed Expert Testimony Unreliable

Finding certain proposed expert testimony to be unreliable, the court granted in part and denied in part plaintiffs' motion to preclude such testimony.

3:13-cv-1576
Arterton, J.

United States District Court

Kelly v. Honeywell International, Inc.

Collective Bargaining Agreement Limited Certain Benefits to Employees Who Retired During Term of Agreement

The terms of the parties' collective bargaining agreements assured lifetime medical coverage benefits only to those employees who retired while the agreements were still in effect.

3:16-cv-00543
Bryant, J.

United States District Court

Blackwell v. City of Bridgeport

Racist Letters Created Hostile Work Environment

Defendant's failure to investigate racist letters targeting an individual employee supported the employee's claim of discrimination.

3:15-cv-0046
Arterton, J.

United States District Court

Benjamin v. Oxford Health Ins., Inc.

Discovery Requests Not Shown to Be Vague or Overbroad

Defendant failed to support its objections to plaintiff's discovery requests.

3:16-cv-00408
Merriam, U.S.M.J.

United States District Court

Connecticut Light & Power Co. v. Verizon New York Inc.

Utility Breached Contractual Obligation to Inspect Cables Attached to Jointly Owned Utility Poles

The defendant breached its contractual obligation to inspect and maintain cables suspended from jointly owned utility poles.

3:14-cv-1152
Underhill, J.

Connecticut Appellate Court

Disciplinary Counsel v. Sporn

Attorney's Mishandling of Clients' Cases Warranted Two-Year Suspension

An attorney's mishandling of both client funds and the client's cases warranted a two-year suspension from the practice of law.

AC 38387
Keller, J.

Connecticut Appellate Court

In re Henrry P. B.-P.

Probate Court Jurisdiction to Issue SIJ Findings Ends When Minor Turns 18

The probate court lacked jurisdiction to issue special immigration juvenile status findings once the minor who was the subject of the proceedings turned 18.

AC 39276
Bear, J.

Connecticut Appellate Court

State v. McCoy

Sentencing Deprives Trial Court of Jurisdiction to Hear New Trial Motion

The trial court loses jurisdiction to hear a new trial motion in a criminal case once sentence has been executed.

AC 38789
Beach, J.

Connecticut Appellate Court

State v. Johnson

Offer of Proof Needed to Preserve Claim of Evidentiary Error

The defendant's failure to make an offer of proof in the trial court barred him from arguing on appeal that the trial court's evidentiary ruling deprived him of a fair trial.

AC 39290
DiPentima, C.J.

Connecticut Appellate Court

Meridian Partners, LLC v. Dragone Classic Motorcars, Inc.

Alleged Noncompliance With Settlement Agreement Did Not Warrant Finding of Contempt

Disputes arising over the parties' compliance with a settlement agreement did not warrant either an order vacating the agreement or an order of contempt.

AC 38085
Calmar, J.

Compensation Review Board

Palacios v. Dual-Lite

Former Employer Remained Liable for Injury Suffered During That Employment

Claimant's current employer was not liable for an injury suffered by claimant while working for a prior employer, which injury continued to cause claimant discomfort.

6078 CRB-8-16-3
Mastropietro, Walker, and Salerno

Compensation Review Board

Derosiers v. Electric Boat Corporation

Employer Not Liable for Employee's Injuries Sustained While Using Ride Share Van to Commute to Work

Claimant's employer was not liable for injuries suffered by claimant while using a Ride Share commuter van to travel to work.

6082 CRB-2-16-3
Mastropietro, Salerno, and Mlynarczyk

United States District Court

Beyer v. Anchor insulation Co.

No Foundation for Expert Testimony Linking Insulation to Homeowners' Illness

Plaintiffs' expert testimony was sufficient to withstand summary judgment, but insufficient to prove causation with regard to personal injury.

3:13-cv-1576
Arterton, J.

United States District Court

Hannah v. Wal-Mart Stores, Inc.

Certain Evidence Subject to Exclusion

Plaintiffs were barred from relitigating to the jury certain previously dismissed claims.

3:12-cv-1361
Bolden, J.

United States District Court

United States v. Godiksen

Defendant Not Entitled to Disclosure of Confidential Informant's Identity

Disclosure of a confidential informant's identity would jeopardize the informant's safety and would not assist the defense.

3:16-cr-178
Bryant, J.

United States District Court

United States v. Calhoun

No Exigent Circumstances Justified Warrantless Intrusion Into Suspect's Home

A few drops of blood apparently shed by a suspect did not constitute exigent circumstances justifying officers' warrantless entry into his home.

3:16-cr-92
Underhill, J.

United States District Court

Pascarelli v. Schwartz

Availability of State Law Remedy Precluded Due Process Claim

The availability of a postdeprivation remedy at state law precluded a cause of action for violation of an injured party's procedural due process rights.

3:14-cv-1123
Thompson, J.

United States District Court

MacCluskey v. University of Connecticut Health Center

Employer Liable for Sexual Harassment Inflicted on Employee by Co-Worker

A dental assistant was entitled to damages from her employer for sexual harassment by a co-worker.

3:13-cv-1408
Shea, J.

United States District Court

Borrelli v. McDermott

Police Officer's Use of Force Not Unreasonable

A police officer's use of force to restrain a belligerent and resisting suspect was not unreasonable.

3:15-cv-1857
Martinez, U.S.M.J.

Connecticut Supreme Court

ARS INVESTORS II 2012-1 HVB, LLC v. CRYSTAL, LLC

City's Disapproval of Subdivision Map Did Not Prevent Foreclosure on Tracts Identified in That Map

A lender could foreclose on property even if its interest was in tracts that were purportedly subdivided, but which were never actually approved for subdivision.

SC 19661
McDonald, J.

Complex Litigation Docket, at Hartford

Schwerin v. Bessemer Trust Company

Family Members Contested Distribution of Two Family Trusts

Family members urged competing interpretations of two family trusts. The court granted defendants' motions for summary judgment and denied plaintiffs' motion.

CV12-6036160
Sheridan, J.

New Haven J.D., at New Haven

Craco v. Carlson

Genuine Issue of Fact As to Attorney's Authority to Execute Promissory Note on Client's Behalf

A genuine issue of material fact as to whether a party's attorney had the authority to execute a promissory note on his behalf precluded a grant of summary judgment.

CV14-6048293
Wilson, J.

New Haven J.D., at New Haven

Zamora v. City of New Haven

Plaintiff Failed to Show That Playground Injury Resulted From Foreseeable and Imminent Risk

Plaintiff, who was injured in a school playground, failed to show that her injuries resulted from an imminent harm of which defendants should have been aware.

CV12-6033735
Alander, J.

Rose v. Wintonbury Realty, LLC

Rose v. Wintonbury Realty, LLC

Lessee Responsible for Keeping Parking Lot Clear of Snow and Ice

Under the terms of a lease, the lessee, and not the property owner, was responsible for maintaining a parking lot, and the property owner was not liable for the lessee's alleged failure to keep the lot clear of snow and ice.

CV15-6062576
Noble, J.

Hartford J.D., at Hartford

Kudish v. State of Connecticut

No Showing That State Trooper's Injuries Resulted From His Own Negligence

The evidence failed to support the State of Connecticut's contention that a state trooper's purported negligence in executing a suspect's arrest was a contributing cause of the injuries sustained by the trooper in that arrest.

CV14-6050189
Noble, J.

Fairfield J.D., at Bridgeport

Paternoster v. Paszkowski

Triable Issue of Fact As to Whether Officer's Failure to Activate Siren Breached Ministerial Duty

A police officer's failure to activate his siren upon initiating a vehicle pursuit raised a triable issue of fact as to whether that failure breached a ministerial duty.

CV14-6042098
Arnold, J.

Waterbury J.D., at Waterbury

Golek v. Ury & Moskow, LLC

Triable Issues of Fact As to Counsel's Alleged Failure to Investigate

Parties' pleadings raised triable issues of facts as to counsel's failure to investigate a hospital's motives for first promoting and then terminating a physician from its residency program.

CV13-5016457
Brazzel-Massaro, J.

Fairfield J.D., at Bridgeport

Reef, LLC v. Stratford Board of Zoning Appeals

Modernization of Public High School Necessitated Zoning Variances

A town's plan to modernize its high school, in its current location, required the granting of certain variances from local zoning requirements.

CV61-6058335
Krumeich, J.

Hartford J.D., at Hartford

City of Hartford v. Premier Sports Management Group, LLC

Bidder on City Contract Submitted False Certificate of Insurance

A city stated a viable cause of action for aiding and abetting fraud, among others, based on a defendant's issuance of a false certificate of insurance to a company bidding on a city contract.

CV16-6067560
Epstein, J.

Complex Litigation Docket, at Waterbury

Diaz v. Griffin Health Services Corp.

Hospital Not Subject to Penalty for Notifying Patient of Possible Mistake

Health care providers should not be held liable for negligent infliction of emotional distress based on their act of notifying a patient of a possible medical error.

CV15-6029965
Lager, J.

Hartford J.D., at Hartford

Wood-Ellis v. Ellis

Independent Trucker's Claim That Two-Thirds of Income Went to Expenses Found Credible

Husband's claim that some two-thirds of his income as an independent truck driver had to be applied to business expenses was found to be credible.

FA16-5041644
Adelman, J.T.R.

Superior Court for Juvenile Matters, at Hartford

In re Amber B.

Neglect Warranted Termination of Parental Rights

Sibling minors were neglected and/or abandoned by their parents. The court granted petitions to terminate parental rights as to both minors.

CP16-016537
Burgdorff, J.

New London J.D., at New London

Oliver v. Walmart Stores East, L.P.

Employer Not Liable for Supervisor's Unforeseeable Invasion of Employee's Privacy

An employer could not be held liable for a supervisor's unforeseeable invasion of an employee's privacy.

CV16-6027223
Bates, J.

Waterbury J.D., at Waterbury

Martinez c. Premier Maintenance, Inc.

Maintenance Worker Not Terminated Due to Religious Affiliation

A maintenance worker failed to show that he was terminated due to his relationship with a local pastor.

CV14-6021982
Brazzel-Massaro, J.

Hartford J.D., at Hartford

Columbia Dental, P.C. v. Dombkowski

Employer Entitled to Damages for Employee's Theft of Goods

An employer was entitled to damages for an employee's theft of goods. The court rendered judgment in favor of the employer.

CV15-5038642
Elgo, J.

Waterbury J.D., at Waterbury

Agosto v. Premier Maintenance, Inc.

Maintenance Worker Not Terminated From Job Due to His Religion

The record failed to support the plaintiff's claim that he was terminated from his job as a maintenance man because of his religious affiliation.

CV14-6021981
Brazzel-Massaro, J.

Fairfield J.D., at Bridgeport

Carter v. Edge Fitness Gym

Gym Not Liable for Releasing Member's Name to Police

A gym member failed to show that the gym either breached its contract with him or violated his civil rights when it released his name to the police.

CV16-5031410
Bellis, J.

New Britain J.D.

Medical Diagnostic Laboratories, LLC v. Connecticut Department of Social Services

Denial of Provider's Application to Participate In Medicaid Program Not Appealable Decision

The court had no subject matter jurisdiction over an appeal from a decision denying a provider's application to participate in the state's Medicaid program.

CV16-6035077
Huddleston, J.

Connecticut Appellate Court

Weihing v. Preto-Rodas

No Basis to Set Aside Defense Verdict in Personal Injury Case

The trial court properly denied the plaintiff's motion to set aside the jury's verdict in her personal injury case.

AC 37310
per curiam

Connecticut Appellate Court

in re Unique R.

Investigation of Relative Placement Resources Not Prerequisite for Termination of Parental Rights

The alleged failure of the Department of Children and Families to adequately investigate the possibility of placing a neglected minor with paternal relatives did not preclude termination of parental rights.

AC 39020
Sheldon, J.

Compensation Review Board

Frantzen v. Davenport Electric

Stay Warranted Pending Resolution of Jurisdictional Issue

A stay was warranted pending resolution of the issue of the board's jurisdiction over an attorney fee dispute.

6091 CRB-4-16-4
Walker, Salerno, and Engel

New Britain J.D.

Chief Disciplinary Counsel v. Rivera

Attorney Placed on Probation for One Year

An attorney was negligent in his maintenance of a separate account for client funds and in advocating on behalf of clients.

CV16-6034826
D'Addabbo, J.

Hartford J.D., at Hartford

Leth v. Halloran & Sage, LLP

Emotional Distress Allegedly Caused by Legal Counsel's Breach of Fiduciary Duty

Plaintiff stated viable causes of action for negligent infliction of emotional distress based legal counsel's alleged breach of fiduciary duty.

CV16-6068019
Noble, J.

Stamford/Norwalk J.D., at Stamford

Connecticut Automotive Retailers Association, Inc. v. Town of Greenwich Planning and Zoning Board of Appeals

Automobile Retailers' Association Lacked Standing to Appeal Zoning Decision Favoring Competitor

A zoning decision that allowed a competing automobile manufacturer to display its products in a retail neighborhood not zoned for auto sales did not aggrieve the members of an automobile retailers association sufficient to give that association standing to challenge the zoning board's decision.

CV16-6028483
Heller, J.

Middlesex J.D., at Middletown

Muckle v. Pressley

Insurer's Release of Subrogation Claim Did Not Cover Damages Not Covered Under Policy

An insurer's release of its subrogation claim against a tortfeasor could not encompass claims by its insured that fell outside the coverage afforded under its policy.

CV15-6013126
Vitale, J.

Ansonia/Milford J.D., at Milford

Andrews v. City of Shelton

School Officials Immune From Liability for Student's Assault

A student who was assaulted outside her school was unable to show that the identifiable person-imminent harm exception applied so as to defeat the school officials' claim of governmental immunity.

CV15-6019773
Stevens, J.

New Britain J.D.

Golden Circle District, Inc. v. Administrator, Unemployment Compensation Act

Salespeople Properly Deemed Employees And Not Independent Contractors

A company's inability to show that its salespeople were customarily engaged in the same trade independent of their relationship with the company defeated its claim that the salespeople were independent contractors, rather than employees.

CV16-5017202
Tanzer, J.T.R.

New London J.D., at New London

Frechette v. Athena Health Care Associates, Inc.

Filing of Complaint With Workers' Compensation Commission Barred Civil Complaint

A plaintiff who filed a complaint with the Workers' Compensation Commission (WCC) was barred from seeking the same relief in the court.

CV16-6026876
Bates, J.

New London J.D., at New London

Fashion Outlets at Foxwoods, LLC v. GGH Management, LLC

Members of Limited Liability Company Lacked Standing to Participate in LLC's Lawsuit

The members of a limited liability company failed to show that they had independent interests in the litigation sufficient to confer standing.

CV15-6025330
Bates, J.

New London J.D., at New London

Pettini Contracting Corporation v. Carol R. Johnson Associates, Inc.

Res Judicata And/Or Collateral Estoppel Barred Contractor's Claims Against Engineering Firms

Engineering firms that designed the plans for a municipal construction project were in privity with the town for purposes of a contractor's claims against both the town and the engineers that the plans were defective.

CV14-6022452
Vacchelli, J.

Hartford J.D., at Hartford

Loureiro Engineering Associates, Inc. v. KBE Building Corporation

Contractor's Execution of Lien Waiver Precluded Subsequent Filing of Lien

A contractor's execution of a lien waiver barred enforcement of its subsequently filed lien.

CV16-6065326
Scholl, J.

Fairfield J.D., at Bridgeport

Leggiardo v. Coface North America Insurance Company

Special Defenses Needed to Be Supported by Facts

Special defenses that were supported by specific allegations of fact were legally sufficient.

CV16-6056760
Arnold, J.

Stamford/Norwalk J.D., at Stamford

Abrams v. PH Architects, LLC

No Merit to Homeowner's Claims of Malfeasance Against Contractors

A homeowner failed to substantiate claims of malfeasance by both the architectural firm and construction company hired to do home improvements.

CV12-6015437
Adams, J.T.R.

New Haven J.D., at New Haven

Pfister v. Madison Beach Hotel, LLC

Subpoena for Association's Membership Records Infringed Plaintiffs' Constitutional Right of Association

Defendant's subpoena for an a non-profit association's records, including membership records, infringed the constitutional right of association of those members who were plaintiffs in this action.

CV15-6055458
Wilson, J.

Waterbury J.D., at Waterbury

A Better Way Wholesale Autos, Inc. v. Smith

Abstention Doctrine Barred Resolution of Pending Federal District Court Matter

The doctrine of abstention precluded entertaining a party's state court application to vacate an arbitration award pending resolution of opposing party's previously filed motion in federal district court to confirm that same award.

CV16-6032761
Taylor, J.

United States District Court

Greene v. City of Norwalk

No Relief Granted for Parties' Dilatory Conduct

Parties' dilatory conduct did not warrant sanctions of barring plaintiff's expert testimony or striking defendants' answers, but also counseled against granting plaintiff's motion to reopen discovery.

3:14-cv-1016
Bryant, J.

United States District Court

Reaes v. City of Bridgeport

Employer's Candidate Screening Practices Not Shown To Be Discriminatory

An unsuccessful job candidate failed to carry his burden of proof that defendant's method of screening job candidates was discriminatory.

3:13-cv-1508
Martinez, J.

United States District Court

Metcalf v. Yale University

Prior Sexual Misconduct Complainants' Privacy Needed to Be Protected

Disclosure of prior employee complaints of sexual misconduct needed to be tailored so as to protect the privacy of those employees.

3:15-cv-1696
Bolden, J.

United States District Court

Thompson v. Rovella

Claims of Civil Rights Violations Time-Barred

A wrongfully incarcerated plaintiff's claims of civil rights violations and other torts were time-barred.

3:15-cv-1742
Bryant, J.

Connecticut Appellate Court

Chang v. Chang

Premarital Agreement Did Not Bar Award of Alimony

A premarital agreement's failure to reference alimony could not be construed as a waiver of any claim to alimony.

AC 38201
Alvord, J.

Connecticut Appellate Court

Deutsche Bank National Trust Company v. Pardo

Loan Modification Agreements Did Not Render Promissory Note Non-Negotiable Instrument

Defendant's claims of error in rulings dismissing his motion to open a judgment of strict foreclosure and denying his motion to dismiss the action for lack of subject matter jurisdiction were without merit.

AC 38127
Lavery, J.

Connecticut Supreme Court

CCT Communications, Inc. v. Zone Telecom, Inc.

No Error in Finding That Plaintiff Breached Parties' Agreement

Plaintiff failed to show error in the trial court's ruling that it breached its agreement with defendant and was thus liable for defendant's damages.

SC 19574
Eveleigh, J.

Stamford/Norwalk J.D., at Stamford

Narayanaswami v. Christian

Homeowners Gave Neighbors Permission to Remove Trees

The parties' conflicting testimony supported a finding that homeowners gave their neighboring homeowners permission to enter their property and remove certain trees.

CV13-6019968
Lee, J.

New Britain J.D.

McCullough v. Town of Rocky Hill

Homeowner Stated Viable Claim Against Town for Abuse of Process

Homeowner stated viable claim that town foreclosed on his property in order to avoid its liability for damages to the property.

CV15-5016831
Wiese, J.

Ansonia/Milford J.D., at Milford

Francini v. Riggione

Both Parties Breached Real Estate Sales Agreement

The purchaser of a residential lot breached his sales agreement when he had two truckloads of topsoil hauled away, rather than delivering them to the seller's adjacent lot.

CV15-6019263
Moran, J.T.R.

Stamford/Norwalk J.D., at Stamford

Errichetti v. Botoff

Fence Impaired Neighbors' Enjoyment of Property and Served No Useful Purpose

A fence erected along a section of the border between two residential properties impaired the neighbors' enjoyment of their property and served no useful purpose.

CV14-6022623
Heller, J.

New Haven J.D., at New Haven

DeWitt v. Felt Racing, LLC

Question of Fact As to Whether Waiver of Liability Was Enforceable

A waiver of liability was not binding if the party signing it was not given sufficient time to read it.

CV13-6040482
Robinson, J.

New Haven J.D., at New Haven

Malerba v. Betkowski

Jury Improperly Denied Plaintiff Compensation for Injury

A jury award was improper that compensated the plaintiff for neck injuries sustained in an accident, but denied her any compensation for back injuries sustained in the same accident.

CV14-6051447
Ecker, J.

Fairfield J.D., at Bridgeport

Pritsker v. Bowman

Attorney's Special Defenses Legally Insufficient

Defendant's unsupported opinion was insufficient to constitute a special defense.

CV16-5031461
Bellis, J.

Connecticut Supreme Court

Norwalk Police Union, Local 1727, Council 15, AFSCME, AFL-CIO v. City of Norwalk

Question of Whether Police Officer's Reassignment Constituted Discipline Was Purely Question of Fact

The question of whether or not a police officer's reassignment constituted disciplinary action was purely a question of fact and was thus not subject to judicial review.

SC 19667
Rogers, C.J.

New Haven J.D., at New Haven

Markowitz v. Villa

Tortious Interference with Expected Inheritance Is Viable Cause of Action

Tortious interference with expected inheritance is a viable cause of action in Connecticut and does not require a showing of exhaustion of probate court remedies, but must nonetheless be supported by allegations of (1) the existence of an expected inheritance, (2) defendant's knowledge of the expected inheritance, (3) tortious conduct by the defendant, and (4) actual damages resulting from defendant's conduct.

CV16-6060963
Wilson, J.

New Britain J.D.

The Stop & Shop Supermarket Company, LLC v. City of Norwalk

City Assessor's Valuation of Commercial Property Excessive

The fair valuation of four parcels of real property was lower than that determined by the city's assessor.

CV14-6026514
Aronson, J.T.R.

New Britain J.D.

Tajmajer v. Safeco Insurance Company

Jury Verdict Legally Inadequate that Awarded Economic Damages for Injury but No Noneconomic Damages

A jury verdict that awarded plaintiff damages for extensive medical treatment but found he suffered no pain or discomfort was inherently flawed, warranting the extraordinary remedy of additur.

CV15-6028512
Morgan, J.

Stamford/Norwalk J.D., at Stamford

Harris v. Elliott

Pedestrian Injured by Motor Vehicle Entitled to Prejudgment Remedy and Attachment

Pedestrian who was struck by motor vehicle was entitled to a pre-judgment remedy of $300,000.

CV16-5015714
Povodator, J.

Hartford J.D., at Hartford

Coleman v. Kirby

Landlord Not Required to Remediate Snow and Ice While Storm was Ongoing

A landlord could not reasonably be expected to remediate snow and ice either while a storm was ongoing, or less than 10 minutes after it stopped.

CV15-6062602
Elgo, J.

Hartford J.D., at Hartford

Lazuk v. First Student, Inc.

Felony Conviction for Tax Fraud Did Not Establish Incompetence to Operate Motor Vehicle

A single prior collision, a written warning, and a felony conviction for tax fraud did not establish a school bus driver's incompetence to drive a motor vehicle.

CV15-6059825
Dubay, J.

Hartford J.D., at Hartford

Marshall v. State of Connecticut

Patient's Trip and Fall in Office Not Result of Dentist's Exercise of Medical Judgment

A dental patient's trip and fall in the dentist's office was not shown to result from the dentist's exercise of medical judgment.

CV14-6054713
Noble, J.

Stamford/Norwalk J.D., at Norwalk

Success Systems, Inc. v. Sottile

Collateral Estoppel Barred Plaintiff from Relitigating Previously Decided Claim

A court order finding defendant had complied with the terms of a settlement barred a second lawsuit making the same allegation of noncompliance.

CV15-6025883
Lee, J.

Fairfield J.D., at Bridgeport

Fitzgerald v. City of Bridgeport

Civil Service Commission Lacked Authority to Approve New Position In Police Department

A police officer placed in an unauthorized position as police lieutenant could not be deemed to have served in that position so as to qualify for a subsequent exam for promotion to captain, even though he sat for and passed the exam.

CV15-6052664
Hartmere, J.T.R.

Litchfield J.D.

Killiany v. Bouchard

Husband Entitled To Compensation for Wife's Intentional Damage to Marital Home

Husband was entitled to compensation for wife's intentional damage to the marital home prior to vacating.

FA15-5007830
Dooley, J.

Superior Court for Juvenile Matters, at Waterford

In re Estrella D.

Incarcerated Parent's Criminal History Warranted Termination of Parental Rights

An incarcerated parent's criminal history, repeated acts of domestic violence in the presence of his minor children, and steadfast refusal to acknowledge the trauma these acts inflicted on his children warranted termination of parental rights.

CP15-014088
Driscoll, J.

New Haven J.D., at New Haven

Gottlick v. Gottlick

Wife's Cohabitation with Boyfriend Did Not Warrant Reduction in Alimony

Wife's cohabitation with her boyfriend did not reduce her expenses so as to justify a reduction in alimony; nonetheless, husband's dire financial situation warranted some relief.

FA13-4056806
Shluger, J.

New Britain J.D.

Duane W. v. Department of Children and Family Services

History of Abuse and Neglect Warranted Couple's Placement On Central Registry as Persons Who Pose Risk to Children

A couple's history of abusing and neglecting the children in their case amply supported their placement on the Department of Children and Families' central registry as persons who pose a risk to children.

CV15-5017060
Huddleston, J.

Stamford/Norwalk J.D., at Stamford

Francois v. Norwalk Police Department

Victim's Testimony Undermined Claim of Wrongful Arrest

An alleged assault victim's testimony at trial undermined the plaintiff's claim of wrongful arrest.

CV15-5014644
Povodator, J.

Complex Litigation Docket at Hartford

Mendez v. JPMorgan Chase Bank, N.A.

Jury Acted Within Discretion in Awarding Only $5 for Contents of Foreclosed Home

A jury acted within its discretion in awarding plaintiffs only $5 for the contents of their home.

CV14-6049524
Sheridan, J.

Stamford/Norwalk J.D., at Stamford

United Security, Inc. v. Computronix, Inc.

No Entitlement to Prejudgment Remedy Absent Showing of Probable Cause of Prevailing on Claims

An inadequate showing of probability of prevailing on the merits of its claims warranted denial of a plaintiff's application for prejudgment remedy.

CV16-5015655
Jacobs, J.

Middlesex J.D., at Middletown

Nedovich v. Brennan

Bailee Liable to Bailor For Damaged Goods

A bailee was liable to the bailor for the value of goods damaged while in his possession.

CV14-6012728
Domnarsky, J.

Hartford J.D., at Hartford

Mina v. Connecticut Children's Medical Center

Defendant's Claim of Lack of Jurisdiction Necessitated Supplemental Briefing

At issue in this case was whether there was an issue of fact in dispute on the question of jurisdiction and whether it needed to be resolved before the court might rule on the issue of mootness.

CV16-6064355
Elgo, J.

United States District Court

Deleon v. Dollar Tree Stores, Inc.

Employee Who Failed to Opt Out Bound by Employer's Arbitration Agreement

An employee who failed to opt-out of her employer's newly instituted arbitration program was bound by that program, and was required to submit her claims to arbitration.

3:16-cv-767
Haight, J.

United States District Court

Billie v. Credit Collection Services, Inc.

Assertion That Debt Was Incurred "For Personal, Family or Household Purposes" Insufficient to State Claim Under FDCPA

The mere conclusory assertion that a debt was incurred "for personal, family or household purposes" is insufficient to state a claim for violation of the Fair Debt Collection Practices Act (FDCPA).

3:16-cv-786
Bolden, J.

Connecticut Appellate Court

In re Larry D.

Allegedly Erroneous Admission of Parent's Psychological Evaluation Harmless Error

The allegedly erroneous admission of a psychological evaluation was harmless because the trial court would have issued the same ruling even in the absence of the evaluation.

AC 39478
Flynn, J.

Connecticut Appellate Court

Izzo v. Quinn

Failure to Name Necessary Party Does Not Deprive Court of Subject Matter Jurisdiction

Because failure to name a necessary party does not deprive the court of subject matter jurisdiction, the appropriate remedy is to strike, rather than dismiss, the complaint and allow the complainant to replead.

AC 37510
Mullins, J.

Connecticut Appellate Court

Hammer v. Posta

Lack of Transcript Defeated Claim of Improper Denial of Oral Request for Jury Trial

Lack of a transcript defeated defendants' claim that the trial court improperly denied an oral request for a jury trial.

AC 38194
Alvord, J.

Connecticut Appellate Court

Gordon v. Gordon

No Error in Ruling on Summary Judgment Motion Prior to Filing of Answer or Special Defenses

The trial court did not err in ruling on a motion for summary judgment prior to the filing of an answer or special defenses.

AC 38343
Keller, J.

Compensation Review Board

Arnold v. Walsh PCL Joint Venture II

Credible Testimony Supported Finding that Workplace Injury Was Not Result of Misconduct

Claimant presented credible testimony that his workplace injury was not the result of willful and serious misconduct.

6052 CRB-3-15-11
Mastropietro, Walker, and Salerno

J.D. of Stamford/Norwalk at Stamford

3Can, LLC v. Manero

LLC Member Had Standing to Sue

The plaintiff, a Connecticut LLC, sued former managing members, alleging failure to pay property taxes, vexatious litigation, civil theft, failure to make various corporate filings, and for attorney's fees.

CV-16-6028562
Lee, J.

J.D. of Waterbury at Waterbury

Denaul v. Comm. Mntl. Hlth. Affiliates

Employee Established Work Environment Hostile

Plaintiff worked for the defendant company from April 2012 to May 2015 as vice president of human resources and alleged that her supervisor, engaged in a pattern of ongoing and consistent sexual harassment involving her and other female employees.

CV-16-6030713-S
Shah. J.

Hartford J.D., at Hartford

Greene v. Quraishi

Medical Facility Not Vicariously Liable For Clinical Decisions Of Private Contracting Physician

A medical facility was not vicariously liable for the clinical decisions of a physician who contracted to treat patients at its facility.

CV13-6045815
Peck, J.T.R.

New Haven J.D., at New Haven

Rosemary Costanzo Trust, Settled December 12, 1991 v. Planning & Zoning Commission Town of Bradford

Traffic studies not required to reference each street in neighborhood bordering proposed development

Traffic studies pertaining to a proposed development were not shown to be flawed merely for failure to specifically reference all streets in the surrounding community.

CV16-6060514
Robinson, J.

Hartford J.D., at Hartford

United Ohio Insurance Company v. Durafloor Industrial Flooring and Coating, Inc.

Liability Coverage For "Advertising" Injuries Did Not Encompass Claim For Misappropriation Of Trade Secrets

A third party's claim of misappropriation of trade secrets was not covered under a business liability policy providing coverage for injuries caused by advertising.

CV15-6062735
Noble, J.

Hartford J.D., at Hartford

Wood-Ellis v. Ellis

Independent Trucker's Claim That Two-Thirds Of Income Went To Expenses Found Credible

Husband's claim that some two-thirds of his income as an independent truck driver had to be applied to business expenses was found to be credible.

FA16-5041644
Adelman, J.T.R.

Superior Court for Juvenile Matters, at Waterford

In re K.V.

Father's Assault on Minor's Half-Sibling Warranted Termination of Parental Rights

Father's prior assault on minor's half-sibling, in the minor's presence, provided grounds for termination of father's parental rights, and minor's ongoing fear and anxiety regarding father supported that disposition.

CP15-014338
Driscoll, J.

Litchfield J.D.

Golden v. Golden

Length Of Marriage Warranted Award Of Alimony

The length of the parties' marriage supported an award of alimony to the wife.

FA15-6012766
Schuman, J.

Farirfield J.D., at Bridgeport

State v. Jones

Defendant's Demeanor Belied Claim Of Not Understanding (I)Miranda(I) Advisement

Defendant's demeanor belied his claim of not having understood the written (I)Miranda(I) advisement that he read aloud prior to signing.

CR15-0284785
Kavanewsky, J.

Ansonia/Milford J.D., at Milford

State v. Harris

Superior Court Lacked Subject Matter Jurisdiction Over Post-Conviction Motion Challenging Jury Instructions

The superior court lacked jurisdiction to entertain a post-conviction motion to correct that challenged jury instructions given at trial.

CR96-0104271
Iannotti, J.

Stamford/Norwalk J.D., at Stamford

Taragano v. M2 Systems Corporation

Plaintiff Failed To State Facts Sufficient To Support Claim Of Interest In Unpaid Promissory Note

A complaint alleging failure to pay a promissory note failed to allege facts sufficient to demonstrate a chain of title from the original payee to the plaintiff.

CV16-6027844
Tobin, J.T.R.

Waterbury J.D., at Waterbury

HSBC Bank USA, N.A. v. Oliveira

Homeowner's Unverified Claims of Unlawful Foreclosure Practices Merited Evidentiary Hearing

A homeowner's claims that her lender attempted to foreclose despite having entered into a forbearance agreement warranted an evidentiary hearing.

CV14-6025655
Taylor, J.

Stamford/Norwalk J.D., at Stamford

Zukowski v. Zukowski

Plaintiffs Failed to Carry Burden of Proof in Action to Enforce Repayment of Alleged Debt

Plaintiffs failed to carry their burden of proof as to claims that they loaned their son's wife substantial sums of money prior to her divorce from their son.

CV14-6023805
Povodator, J.

Litchfield J.D.

Alisi v. Cerruto

Contractor Sued Wrong Parties For Unpaid Invoices

Plumbing contractor could not recover for unpaid invoices from persons other than the business owner, who was not named as a defendant in his complaint.

CV16-6013238
Schuman, J.

Litchfield J.D., at Litchfield

TAKD, LLC v. Biele

Agreement Unrelated To Allegations In Complaint Did Not Deprive Court Of Subject Matter Jurisdiction

Choice of law and arbitration provisions in an agreement unrelated to the plaintiffs' allegations against defendant did not operate to deprive the court of subject matter jurisdiction.

CV15-6012961
Moore, J.

United States District Court

K.E. v. GlaxoSmithKline LLC

Lack Of Evidentiary Foundation Rendered Expert Medical Testimony Inadmissible

The lack of evidentiary foundation for a medical expert's testimony precluded its admission.

3:14-cv-1294
Bolden, J.

United States District Court

Morales v. Colvin

Inadequate And Conflicting Record Warranted Further Hearing On Application For Disability Benefits

An inadequate and contradictory record undermined the administrative law judge's findings with regard to an application for disability benefits.

3:16-cv-0003
Garfinkel, J.

Compensation Review Board, Workers' Compensation Commission

Shults v. D.J. Hall Roofing, LLC

Commissioner Required to Determine Date of Injury

Appellee was employed by Appellant and sustained an injury on September 26, 2009.

6071 CRB-5-16-1
Mastropietro, CC

Compensation Review Board, Workers' Compensation Commission

Clark v. Middlesex Corp.

Spouse Not Qualified For Survivorship Benefits

Appellant was the spouse of a decedent whom died as a result of taking prescription medication taken for a compensable injury.

6041 CRB-1-15-10
Mastropietro CC

United States Court of Appeals for the Second Circuit

Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc.

Unsolicited Fax Plausibly Shown To Have Commercial Purpose

Plaintiff alleging that an unsolicited fax promoting a free dinner constituted an advertisement in violation of the Telephone Consumer Protection Act of 1991 (TCPA) was not required at the pleading stage to allege specific facts pertaining to the products or services intended to be promoted at the dinner.

15-288-CV