Recent Decisions

Stamford/Norwalk Judicial District at Stamford

Ng v. Barbosa

Plaintiff Carried His "Probable Cause" Burden To Obtain Prejudgment Remedy

Ng, a taxi-cab driver, sued Barbosa, alleging that Barbosa struck him in the face, causing injuries.

FST CV 17 5016470 S
Adams, J.

Judicial District of New London at New London

Buckeridge v. Schkeeper

Court Grants Defendant's Summary Judgment Motion and Dismisses Multiple Claims in Personal Injury Suit

Schkeeper was driving home when she saw an insect inside her car, near the windshield. As she opened the window to let the insect out, she collided with a car driven by Buckeridge, coming from the opposite direction.

KNL CV 16 6025707-S
Vacchelli, J.

Connecticut Superior Court

Fairfield Clothiers, LLC v. Pollack-Westfair Associates

Business Owner Failed to Show Fire Damage Resulted from Negligence of Either Landlord or Owner of Adjacent Business

A retail business owner who sustained damages resulting from a fire that started in an adjacent store failed as a matter of law to establish that his losses resulted from negligence of either the property owner or the owner of the adjacent business.

FBT-CV-15-6048031
Kamp, J.

Waterbury J.D., at Waterbury

Irizarry v. City of Waterbury

No Showing That Defective Manhole Cover Caused Alleged Injury

The plaintiff's lack of credibility undermined her claim of having been injured due to a defect in a city sidewalk.

CV14-6022124
Pellegrino, J.T.R.

Hartford J.D.

Radzik v. Conn. Children's Med. Center

Plaintiff's Medical Expert not Required to Present "But For" Evidence of Causation

Plaintiff's expert in this medical malpractice case involving a wrongful death was not required to eliminate all other credible causes for the decedent's fatal cancer aside from the defendant's conduct.

CV09-5027092
Moukawsher, J.

Hartford J.D., at Hartford

LaPierre v. Pareles

Defendant Treating Physicians May Not Be Compelled to Provide Expert Opinions Unless Designated As Expert Witnesses

Defendant treating physicians who have not been designated as expert witnesses may not be required to provide expert opinions regarding causation and standard of care.

CV13-6046945
Moll, J.

New Haven J.D., at New Haven

Kwesell v. East Haven Zoning Board of Appeals

Variances Properly Granted to Make Home in Flood Zone FEMA-Compliant

No showing of unusual hardship was required in order for homeowners in a flood zone to qualify for variances to rebuild their home to make it FEMA-compliant.

CV15-6056545
Agati, J.

Hartford J.D.

Talbot v. MacHernis

Tenant Liable for Water Damage to Leased Premises During his Absence

The defendant tenant was liable for damages to a rental property where he failed to notify his landlords of his absence or refill the oil supply, which caused a broken pipe and resulting water damage.

CV16-092620
Peck, J.

Hartford J.D.

Chimney v. Adar Real Estate, LLC

Landlord Liable to Tenant for Eviction Under False Pretenses

A landlord who evicted a tenant under false pretenses and discarded his possessions was liable to the tenant for forcible entry and retainer, intentional infliction of emotional distress and violation of the Connecticut Unfair Trade Practices Act.

CV16-5001109
Miller, J.

Connecticut Superior Court

Dunion v. Administrator, Unemployment Compensation Act

Unemployment Compensation Claimant Who Failed to Make Herself Available for Work Was Liable for Overpayments

An unemployment compensation claimant who had not made herself available for, nor had sought, full-time employment was not eligible for a waiver of liability for overpayments she had received.

KNL CV 16-5015198-S
Vacchelli, J.

Connecticut Superior Court

Gombs v. Waterbury Sentinel Insurance Co. Ltd.

Insured Homeowners Stated Claim that Insurer's Failure to Pay Damages Reflected Bad Faith, Negligence, and Statute Violations

Plaintiff homeowners adequately stated claims that defendant insurer's refusal to pay damages resulting from an ice dam at their home was actionable as bad faith, negligence, and unfair and deceptive practice in insurance.

UWY CV 166030267
Brazzel-Massaro, J.

Waterbury J.D.

Piccolo v. American Auto Sales, LLC

Unjust Enrichment Claim Merely Incorporating Breach of Contract Allegations Insufficient

Plaintiff did not sufficiently plead a cause of action for unjust enrichment where he failed to prove more than an incorporation of the allegations in his breach of contract count.

CV13-5016473
Brazzel-Massaro, J.

Stamford/Norwalk J.D., at Stamford

Lomas v. Partner Wealth Management, LLC

Ambiguities in Partnership Agreement Precluded Summary Judgment

Ambiguities in a partnership agreement precluded summary judgment on any of three claims that relied on the language of that agreement.

CV15-5014808
Jacobs, J.

Stamford/Norwalk J.D., at Stamford

Lanphier Day Spa, Inc. v. Urstadt Biddle Properties, Inc.

Withdrawal of Prior Litigation Had No Preclusive Effect

The plaintiffs' withdrawal of prior similar litigation had no preclusive effect. The trial court granted in part and denied in part the defendants' motions for summary judgment.

CV16-6029248
Povodator, J.

New Haven J.D.

Menchetti v. Bershtein

Defendant's Temporary Absence from Connecticut Home did not Defeat Personal Jurisdiction

Defendant failed to disprove personal jurisdiction where the evidence established that, despite her temporary absence from her Connecticut home, defendant had no plans to permanently leave the home.

CV16-6066337
Wilson, J.

Connecticut Superior Court

Designs for Health, Inc. v. Miller

California Defendant Who Had Never Lived In, Visited, or Transacted Any Business in Connecticut Was Not Subject to Long-Arm Jurisdiction

A California defendant who had never lived in or visited Connecticut was not subject to personal jurisdiction under the state's long-arm statute in the absence of any admissible evidence that he had transacted any business in Connecticut.

CV16-6071545-S
Scholl, J.

United States District Court

Mirmina v. Genpact LLC

Magistrate Judge Denies Plaintiff's Motion to Compel

Mirmina moved to compel Genpact to respond to interrogatories and requests for documents.

3:16-cv-614
Merriam, J.

United States District Court

US v. Roy

Defendant Did Not Satisfy Heavy Burden Required To Seal Entire Sentencing Memorandum

Roy filed a motion to seal her sentencing memorandum, and separately filed her sentencing memorandum and related attachments under seal.

3:15-cr-151
Meyer, J.

United States District Court

Reilly v. Dep't of Justice

Judge Recuses Himself Because Continued Involvement Could Give Appearance of Impropriety

Reilly, a film-maker making a film about Joseph Ganim, the current mayor of Bridgeport, sought disclosure from the FBI and DOJ of wiretap recordings made in connection with the prior investigation and prosecution of Ganim that resulted in the conviction of Ganim after a jury trial in 2003.

3:16-cv-02024
Meyer, J.

United States District Court

In re Beckford v. Bayview Loan Servicing, LLC

Bankruptcy Court Properly Dismissed Complaint Because Plaintiff Lacked Standing

In June 2013, Beckford filed a complaint against Bayview in the bankruptcy court, alleging that, by securitizing his mortgage, Bayview and various other parties had committed fraud.

14-cv-249
Bolden, J.

Connecticut Appellate Court

Grovenburg v. Rustle Meadow Associates, LLC

Trial court erred in failing to determine reasonableness of common interest ownership association's actions

In assessing a challenge to a common interest ownership association's discretionary determination regarding the installation of a fence on a lot owner's property, the trial court erred in applying a preponderance of the evidence standard, rather than determining the reasonableness of the association's decision.

AC 37719
DiPentima, C.J.

Connecticut Appellate Court

Shook v. Bartholomew

No Error in Trial Court's Refusal of Requested Jury Instruction

The defendants' failure to support a requested jury instruction with specific evidence in the record, statutes, and case law defeated their claim on appeal that the trial court erred in refusing the requested instruction.

AC 38945
Mullins, J.

Connecticut Appellate Court

Cimino v. Cimino

Wife Failed to Show That Former Husband Intentionally Misstated Pension Value

The plaintiff failed to show that her former husband deliberately misled her as to the value of his pension.

AC 38705
DiPentima, C.J.

Connecticut Appellate Court

State v. Lewis

Officer's Mere Approach Did Not Constitute Unlawful "Seizure"

A police officer's conduct in calling out to and walking towards a suspect did not constitute a seizure.

AC 38087
Bishop, J.

Connecticut Appellate Court

State v. Andino

Trial Court Not Obligated to Find Entirety of Witness's Testimony to Be Credible

The trial court could reasonably find one portion of a detective's testimony sufficient to defeat defendant's motion to suppress, while declining to rely on a different portion.

AC 38475
Keller, J.

Connecticut Appellate Court

Wells Fargo Bank, N.A. v. Owen

Homeowners Failed to Prove Lender Fraud

Homeowners failed to prove that their lender's agent fraudulently misstated their income on their loan application.

AC 38239
Lavine, J.

Connecticut Appellate Court

The Reserve Realty, LLC v. Windemere Reserve, LLC

Agreement tying sale of lots to purchasers use of specified brokers constituted illegal tying arrangement

An arrangement tying the purchase of lots in a unique and highly sought after development to the use of specified brokerage services constituted an illegal tying arrangement.

AC 38167
Schaller, J.

Compensation Review Board

Greene v. Ansonia Copper & Brass

Claimant's forgetful failure to attend hearing not grounds for dismissal

A claimant who forgot to attend formal hearing was entitled to have his claim reinstated.

6111 CRB-5-16-6
Mastropietro, Walker, and Salerno

Mashantucket Pequot Tribal Court

DiMartino v. Mashantucket Pequot Tribal Nation

Tribal Officer's Use of Force Not Excessive

A tribal officer's use of force was not excessive. The court entered judgment in favor of the Tribe.

MPTC-CV-PI-2014-174
Londregan, J.

Mashantucket Pequot Tribal Court

Delancy v. Mashantucket Pequot Tribal Nation

Plaintiff relied on defendants' instructions in submitting inadequate documentation

A self-represented plaintiff's justifiable reliance on defendants' instructions as to what documentation she needed to submit constituted exceptional circumstances warranting the granting of an extension of time to supplement the record.

MPTC-CV-AA-2014-170
O'Connell, J.

Connecticut Supreme Court

State v. Kallberg

Ambiguities in Plea Agreement Had to Be Construed in Defendant's Favor

An ambiguous plea agreement had to be construed in the defendant's favor.

SC 19536
McDonald, J.

New London J.D.

Buonocore v. Whitehall Ave.

Plaintiff Due Real Estate Commission from Individual Defendant Under Broker Rule

The individual defendant, who entered into a contract with plaintiff purportedly as an agent for a company he intended to form, was a party to the original agreement under the "broker rule" and thus liable for a real estate commission fee.

CV08-5006172
Vacchelli, J.

Connecticut Superior Court

Office of Chief Disciplinary Counsel v. Lipsky

Attorney's Inexcusable Instances of Malpractice Were Mitigated by Recent Depression and Lack of Prior Disciplinary History

Conditions on the practice of law, including continuing supervision and mental health treatment, were imposed on an attorney who was found to have recently neglected his duties to five different clients.

166031236
Taylor, J.

Connecticut Superior Court

Cruz v. Schoenhorn

Legal Malpractice Claim That Attorney Sued Wrong Defendants was Time-Barred

A legal malpractice suit founded on an allegation that the attorney sued the wrong defendants was not tolled by the continuous representation doctrine.

HHD-CV-15-5038500-S
Elgo, J.

Connecticut Superior Court

Macdermid, Inc. v. The Travelers Indemnity Co.

Environmental Polluter's Application for State-Law "Stewardship Permit" Constituted Violation of No-Voluntary-Payment Provision

Plaintiff, an accused polluter, violated a no-voluntary-payment provision of applicable insurance policies when, under pressure from state environmental protection authorities, he applied for a "Stewardship Permit" without first notifying defendant, the insurer, of potential claims for wrongfully discharging chemical products into the environment.

X04-HHD-CV-6067744-S
Sheridan, J.

Hartford J.D.

Curt v. Grace Farms Foundation, Inc.

Abutting Property Owners Had Standing to Sue Over Alleged Violations of Inland Wetlands Permit

Connecticut General Statutes § 22a-44(b) provided the plaintiff landowners with standing to file this action against defendants, owners of an abutting property, wherein they claimed defendants failed to comply with the conditions of their inland wetlands permit.

CV16-6069642
Berger, J.

Hartford J.D., at Hartford

State v. Connecticut Police and Fire Union

State Properly Ordered to Take Actions Necessary to Restore Employee to Prior Position

An arbitrator did not exceed his powers in ordering the state to take the actions necessary to restore an employee to the position he held prior to suspension.

CV16-6069527
Peck, J.T.R.

Fairfield J.D., at Bridgeport

Stratford Board of Education v. Bridgeport Board of Education

Failure to Exhaust Administrative Remedies Barred Claims Against School District

Plaintiffs' failure to exhaust their administrative remedies barred their claims against a neighboring school district based on the allegedly excessive fees charged for out-of-district students to attend two magnet schools in that district.

CV17-6063165
Bellis, J.

New Haven J.D., at New Haven

Seeley v. Quinnipiac University

Terminated Employee Entitled to Discovery Regarding Discipline Imposed in Similar Cases

A university employee terminated for alleged misconduct was entitled to discovery regarding allegations of similar misconduct against other employees, and the discipline imposed in those cases.

CV16-6065294
Wilson, J.

Hartford J.D.

Dicin Electric Co., Inc. v. O & G Industries, Inc.

Plaintiff's Equitable Claims Did Not Fail for Lack of Allegations Regarding Adequate Remedies at Law

The plaintiff subcontractor sufficiently alleged claims for unjust enrichment and quantum meruit against the entity that benefited from its labor despite the absence of claims that plaintiff did not have an adequate remedy at law.

CV16-6070813
Elgo, J.

New Haven J.D.

Jay Bhagvan, LLC v. Powar

No Viable Setoff Claim in the Absence of Mutuality

Defendant could not maintain a special defense of setoff against plaintiff's claims to recover absconded funds based upon purported loans where defendant did not sufficiently allege facts to establish mutuality.

CV16-6065152
Wilson, J.

Ansonia/Milford J.D., at Milford

Sitar v. Syferlock Technology Corporation

Plaintiff Entitled to Prejudgment Remedy for Unpaid Salary

An employee demonstrated probable cause that he would prevail on his claim of monies due under an oral employment contract.

CV16-5011834
Hiller, J.T.R.

New Britain J.D.

Wayne CYR v. Fellows

Second Marshal's Proper Service Was Timely Under Savings Provision of General Statutes §52-593a

The 30-day savings provision in General Statutes § 52-593a applied to save plaintiff's action where a first marshal was unable to effectuate service, but a second marshal made proper service upon defendant within 30 days of receiving plaintiff's papers.

CV16-6033814
Wiese, J.

Connecticut Superior Court

Levine v. Rubin

Lack of Explicit Agreement Defeated Client's Claim his Attorney Lacked Authority to Research New York Law

Absent any record indication of an agreement requiring task-related accountability, a client was unable to show that his attorney was not entitled to payment for researching issues of New York law.

FST CV165016097S
Povodator, J.

United States District Court

Mehedi v. Memry Corp.

Complaint Did Not Adequately Allege Facts Showing Complete Diversity Jurisdiction or Jurisdictional Amount in Controversy

Mehedi sued Memry for physical injuries he alleged sustained during an assignment as a temporary employee, invoking diversity jurisdiction as the basis for federal subject matter jurisdiction.

3:17-cv-809
Haight, J.

United States District Court

Lego System A/S v. Rubicon Communications LP

Court Grants Plaintiff's Motion to Amend Complaint In Order To Assert Infringing Claim Against New Corporate Defendant

Lego alleging that, during discovery, it learned about the formation of a new company (Rubicon) that participated in the allegedly infringing activities, and that two individuals, in their capacity as officers and directors of the allegedly infringing entities, directed the allegedly infringing activities.

3:15-cv-823
Bryant, J.

United States District Court

Moore v. Department of Correction

Plaintiff's Retaliation Claim Survives Summary Judgment

Moore worked for the affirmative action unit at the Department of Corrections.

3:13-cv-1160
Meyer, J.

United States District Court

Edelstein v. Lucas Brand Equity, LLC

Plaintiff Carries His "Probable Cause" Burden of Establishing a Right to Prejudgment Remedy

Edelstein sued his former employer, alleging that it failed to pay him in violation of federal and state wage laws.

16-cv-1353
Margolis, J.

United States District Court

Kuo v. Winklevoss Consultants, Inc.

Magistrate Judge Recommends Allowing Defendant To Amend Answer to Assert After-Acquired Evidence Affirmative Defense

Ten months after filing its answer, and two months before the close of discovery, Winklevoss moved to amend its answer to assert an affirmative defense based upon after-acquired evidence, arguing that it learned of certain conduct by Kuo during discovery that might have led to her termination.

3:16-cv-651
Margolis, J.

United States District Court

Connecticut Fine Wine & Spirits, LLC v. Harris

Court Rejects Antitrust Challenge to Connecticut Alcoholic Beverage Regulatory Scheme

Total Wine, which sells beer and wine, sued two Connecticut officials, alleging that certain state statutory and regulatory provisions governing the distribution and sale of alcoholic beverages were preempted by federal antitrust law.

3:16-cv-1434
Hall, J.

Connecticut Appellate Court

Burnell v. Chorches

Appeal from Probate Court Decree Properly Dismissed As Untimely

The plaintiffs' appeal from a probate court decree was properly dismissed as untimely.

AC 38267
Sheldon, J.

Connecticut Appellate Court

Sousa v. Sousa

No Showing That Modification of Dissolution Judgment Was Obtained by Fraud

Defendant failed to prove fraud so as to warrant the reopening of her dissolution case.

AC 36604
Flynn, J.

Connecticut Appellate Court

Bueno v. Commissioner of Correction

Lawful Permanent Resident Adequately Advised of Immigration Consequences of Guilty Plea

The evidence supported the habeas court's finding that the petitioner was adequately advised of the immigration consequences of his guilty plea.

AC 38662
Beach, J.

Connecticut Appellate Court

Townsend v. Hardy

Transfer of Inmate to Restrictive Housing Not Shown to Be Retaliatory

The transfer of a prison inmate to restrictive housing was not shown to be retaliatory.

AC 38262
Sheldon, J.

Compensation Review Board

Meloni v. Raymark Industries, Inc.

Appeal Unripe for Appellate Review

In the absence of any order directing the Second Injury Fund to pay any claim, its appeal from an order finding it potentially liable was unripe for appellate review.

5838 CRB-4-13-5
Mastropietro, Engel, and Dilzer

United States Court of Appeals for the Second Circuit

Johnson v. Perry

Parent Had First Amendment Right to Attend School Events That Were Open to Public

A school principal was not entitled to qualified immunity as to a parent's claim that the principal violated the parent's First Amendment rights by banning the parent from off-campus school events and from events on school property that were open to the public.

15-3671

Connecticut Supreme Court

In re Natalie S.

Trial Court Did Not Err In Holding that North Carolina Was Proper Forum to Resolve Visitation Dispute

While the mother's appeal arising out of a neglect proceeding was pending in the Connecticut appellate courts, the mother complained that the father, who lived in North Carolina with the minor child, was depriving her of visitation, and asked the Connecticut trial court to modify the order.

SC 19844
Eveleigh, J.

Connecticut Supreme Court

State v. Reyes

Arson Defendant's Conviction Affirmed

Reyes paid two men to set fire to certain real property, and had one of the men set fire to a vehicle, because he was involved in disputes with their owners.

SC 19712
Palmer, J.

New Haven J.D.

418-412 Main St. Haven Assoc., LLC v. Town of East Haven

Town's Expert was Partial and Overvalued the Subject Property

Where both parties' appraisal experts demonstrated partiality in favor of the party who commissioned their report, the Superior Court found that the Town of East Haven's appraiser overvalued the subject property.

CV13-6038280
Wilson, J.

Waterbury J.D.

Grechka v. Whole Food Market Group, Inc.

Property Owner did not Possess or Control Walkway Installed and Maintained by Subtenant

The defendant property owner could not be held liable in negligence for injuries plaintiff suffered in a trip and fall accident on a walkway where it was clear that either the property owner's tenant or a subtenant possessed and/or controlled the walkway.

CV15-6025912
Roraback, J.

New Britain J.D.

Wentzell v. Freedom of Information Commission

No Violation of Freedom of Information Act Relative to Requested Student Test Results

The Freedom of Information Commission erroneously construed General Statutes § 10-10a to allow any member of the public to request information that exists only within a student database.

CV16-6032889
Huddleston, J.

Connecticut Superior Court

Post v. Lettera

Debtors Had Standing to Pursue Medical Malpractice Claims That Were Exempt From Bankruptcy Estate

Bankruptcy debtors had standing to pursue a personal injury cause of action that had belonged to the trustee of the bankruptcy estate, but for a potential exemption from the bankruptcy action.

D.N. FST CV 11 6009564 S
Karazin, J.

Hartford J.D., at Hartford

Molina v. Freshwater Pond Ltd

Snow Removal Company Not Responsible for Maintaining Walkways

A snow removal company established that it was responsible for snow removal from the parking areas of an apartment complex only, and was not responsible for injuries sustained by a tenant when she fell on an icy walkway leading to her apartment.

CV15-6060776
Peck, J.

Fairfield J.D., at Bridgeport

Kinahan v. Gosain

Parents Not Liable for Injuries Inflicted by Adult Mentally Disturbed Son

Parents could not be held liable for injuries inflicted on a police officer by their mentally disturbed adult son.

CV15-6050674
Radcliffe, J.

Fairfield J.D., at Bridgeport

Johnson v. City of Bridgeport

Both Notice of Claim and Evidence Insufficient to Support Claim Against State

Both plaintiff's notice of claim and her evidence were insufficient to support her claim against the state for a defective condition of a state road.

CV15-6051698
Thim, J.T.R.

Hartford J.D., at Hartford

Morgan v. Baxter

Physician's Opinion Letter Insufficient to Support Malpractice Claims Against Nurses

A physician's opinion letter was insufficient to support plaintiff's malpractice claims against nurses.

CV16-6073827
Shapiro, J.

Stamford/Norwalk J.D., at Stamford

Pena v. Gladstone

No Support for Party's Claim of Judicial Bias

Plaintiff failed to support his claim that a trial judge who had ruled against him in the past was biased against him.

FA09-4016002
Genuario, J.

Connecticut Superior Court

Rossova v. Charter Communications, LLC

Neither Evidence Nor Reconciled Inconsistency Between Jury Instruction and Verdict Form Warranted Altering Verdict

Evidence was sufficient to support a jury's verdict, and an inconsistency between an initial version of jury interrogatory responses and the trial court's jury instructions did not support setting aside the verdict.

FST-CV146023695-S
Povodator, J.

Hartford J.D.

Coleman v. Jennings

Complaint to Election Commission Gave Rise to Vexatious Suit Claim but no Malicious Prosecution Claim

Plaintiff's lawsuit arising from a complaint made to the State Election Enforcement Commission sufficiently alleged a claim for vexatious suit but failed to plead a claim for malicious prosecution in the absence of a criminal proceeding.

CV16-6070983
Scholl, J.

Connecticut Superior Court

Williams v. Cohen

Borrower Entitled to Damages Following Mortgage Lender's Breach of Contract and Breach of Fiduciary Obligations

A borrower was entitled to damages and statutory fees and costs following that a mortgage lender breached the contract, attempted to charge a usurious interest rate, breached fiduciary and/or trust obligations, and engaged in unfair and deceptive practices.

HHD CV15-6058788S
Wahla, J.

Hartford J.D.

Adler Law Group, LLC v. Krawshuck

Plaintiff's Pleading Failed to Allege Waiver of Sovereign Immunity

The Superior Court did not have subject matter jurisdiction over this matter in which plaintiff sought to enjoin the State from distributing settlement funds as there was no allegation that the State statutorily waived its sovereign immunity, acted unconstitutionally or engaged in wrongful acts.

CV16-5042979
Elgo, J.

Bridgeport J.D.

Fingelly v. Town of Fairfield

Claims Arising from Town's Building Inspections Barred by Statute of Limitations

The claims plaintiff asserted in this lawsuit regarding the alleged inadequacies of certain building inspections, whether characterized as negligence or recklessness, were not brought within the maximum three-year period authorized by General Statutes § 52-577.

CV13-6037513
Rush, J.

Hartford J.D.

Cohen v. Univ. of Hartford

Jury Must Decide Award for Plaintiff's Front and Back Pay

Plaintiff was entitled to have a jury resolve her claim for front and back pay in this employment discrimination since her claim sought to recover damages, not equitable relief.

CV12-6032265
Moukawsher, J.

Waterbury J.D.

A Better Way Wholesale Autos, Inc. v. Thibodeau

Single Johnson Factor Did Not Justify Vacating Substantial Attorney Fee Award

The Superior Court refused to disturb an arbitration award which found that petitioners committed two violations of the Connecticut Unfair Trade Practices Act and awarded respondents nominal damages as well as $12,000 in attorney fees.

CV17-6033891
Taylor, J.

United States District Court

The Few, the Proud, the Forgotten, et al. v. United States Department of Veterans Affairs

Court Holds That Agency Affidavits About FOIA Searches Did Not Show FOIA Compliance

The plaintiffs filed a FOIA request, seeking documents relating to the adjudication of disability claims from alleged water contamination at Camp Lejeune.

3:16-cv-00647
Bolden, J.

United States District Court

Environmental Energy Services, Inc. v. Pak, et al.

Court Awards 50% of Attorneys' Fees Requested By Party That Prevailed Via Default Judgment

The court previously awarded EES's motion for default judgment and reasonable attorneys' fees.

3:16-cv-777
Underhill, J.

United States Bankruptcy Court

In re Jackson

Reorganization Plan Did Not Preclude Claims Against Debtor's Attorneys

After a jury awarded Lastonia Leviston $5 million in compensatory damages and $2 million in punitive damages in her suit against Jackson, Jackson filed for bankruptcy protection.

15-21233
Nevins, J.

Connecticut Appellate Court

Brander v. Stoddard

Permissive Use of Property Did Not Support Claim of Adverse Possession

The record supported the trial court's finding that plaintiff's use of a disputed parcel of property was with the permission of the owners, and thus did not give rise to either a prescriptive easement or acquisition of title by adverse possession.

AC 38254
per curiam

Connecticut Appellate Court

Bauer v. Bauer

Alimony Obligor's Loss of Employment Warranted Reduction in Alimony

The defendant's involuntary and unanticipated loss of employment relieved him of being found in contempt for his inability to pay alimony and constituted a change in circumstances sufficient to warrant a reduction in his alimony obligation.

AC 38165
per curiam

Connecticut Appellate Court

Fitzpatrick v. U.S. Bank National Association

Acceleration of Debt Did Not Advance Mortgage's Maturity Date to Date of Acceleration

A mortgagor was not entitled to discharge of his mortgage until he had remained in undisturbed possession of the subject property for six years from the maturity date set forth in the mortgage, without regard to the mortgagee's decision to accelerate the underlying debt.

AC 38810
Lavine, J.

Connecticut Appellate Court

American First Federal, Inc. v. Gordon

Evidence Demonstrated Assignment of Loan

The evidence at trial was sufficient to support the trial court's finding regarding the assignment of a loan.

AC 38217
Keller, J.

Connecticut Appellate Court

Girolametti v. Michael Horton Associates, Inc.

Contractor and Sub-Contractors in Privity As to Claims by Project Owner

The subcontractors on a construction job were in privity with the general contractor for purposes of any claims against them for defective work.

AC 38208
Bishop, J.

Second Circuit

Raymond Loubier Irrevocable Trust v. Noella Loubier

Diversity Jurisdiction Analysis Considers Only Citizenship of Trustee of Traditional Trust and Not Citizenship of Beneficiaries

The Raymond Loubier irrevocable trust, another irrevocable trust and a contingent trust beneficiary sued Noella Loubier for breach of fiduciary duty.

15-802-cv
Raggi, J.

Connecticut Supreme Court

Mayer v. Historic District Commission of the Town of Groton

No Statutory Aggrievement From Historic District Commission Decisions

Statutory aggrievement does not apply to appeals from historic district commission decisions.

SC 19568
Robinson, J.

Connecticut Supreme Court

State v. Swebilius

Brevity of Delay Does Not Automatically Excuse Failure to Execute Arrest Warrant Within Statute of Limitations

The brevity of the state's delay in executing an arrest warrant does not excuse, as a matter of law, the state's failure to execute the warrant prior to expiration of the relevant statute of limitations.

SC 19526
Palmer, J.

Connecticut Superior Court

People's United Bank v. Balsome

Foreclosure Defendant Stated Claim Against Lender for Unconscionability but not for Predatory Lending

Predatory lending was not recognizable as an independent special defense to foreclosure.

CV 11-5014231
Dubay, J.

Hartford J.D.

Micoletti v. City of Hartford

Material Issues of Fact Regarding City's Obligation to Maintain Intersection Barred Summary Judgment

The Superior Court agreed with plaintiff's assertion that there were genuine issues of material fact as to which party, the City of Hartford or the Metropolitan District Commission, was responsible for keeping the roadway intersection area where she fell safe and in repair.

CV15-6064247
Peck, J.

Litchfield J.D., at Litchfield

Rozbicki v. Sconyers

Facts in Prior Cases Provided Reasonable Basis to File Suit Against Plaintiff

The facts set forth in three prior cases provided defendant attorneys with a reasonable basis to prosecute an underlying action against plaintiff.

CV16-6013632
Pickard, J.T.R.

Stamford J.D.

K.D.V. Holdings, LLC v. Sethi

Tenant Entitled to Longest Notice Term where Notice Provisions of Lease were Ambiguous

The ambiguous notice provisions of the parties' lease agreement caused the court to construe the terms of the lease against the landlord and grant tenant the longest notice period possible.

CV16-6001694
Adams, J.

Connecticut Superior Court

Venegas v. Horace Mann Ins. Co.

Complaint Allegation of Wrongful General Business Practice Did Not Require That Plaintiff Plead Specific Instances of Wrongdoing

Particularity was not required in a plaintiff's allegations of a "general business practice" for the purpose of stating a legally sufficient claim under the Connecticut Unfair Trade Practices Act.

NNH-CV16-6061980
Ecker, J.

Hartford J.D.

Metropolitan Property & Casualty Ins. Co. v. Pukatch

Carrier had no Duty to Defend Where Insureds' Alleged Misrepresentations did not Damage Property

The plaintiff insurer had no duty to defend and/or indemnify the insured sellers of a home where they allegedly misrepresented the condition of the home to buyers but their alleged conduct did not inflict damage to the property.

CV16-6065733
Elgo, J.

Waterford J.D.

In re: S.F.

Mother's Noncompliance with Reunification Steps Justified New Permanency Plan

While Mother lived with three of her children without intervention by the Department of Children and Families, this factor did not outweigh her noncompliance with her reunification steps.

CV15-014092
Driscoll, J.

New London J.D.

Miceli v. Doherty, Beals & Banks, P.C.

No Unfair Trade Practices Act Claim where Injury Arose From Employment Relationship

Plaintiff's claim alleging defendant's violation of Connecticut's Unfair Trade Practices Act could not lie where the ultimate injury for which he sought redress occurred within the context of his employment relationship with defendant.

CV15-6025038
Bates, J.

Hartford J.D.

Libfeld v. UConn School of Medicine

Record Lacked Evidence that Employer Refused to Accommodate Plaintiff's Medical Condition

No reasonable fact finder could conclude from the evidence that plaintiff's employer refused a reasonable request to accommodate his irritable bowel syndrome and fired him from his position because he was disabled.

CV13-6038795
Moukawsher, J.

Fairfield J.D., at Bridgeport

Stratford Board of Education v. Bridgeport Board of Education

Failure to Exhaust Administrative Remedies Barred Claims Against State Board of Education

Plaintiffs' failure to exhaust their administrative remedies barred their claims for declaratory relief against the State Board of Education and Commissioner of Education.

CV17-6063165
Bellis, J.

Connecticut Superior Court

RBC Nice Bearings, Inc. v. SKF USA Inc.Bonfiglio v. Guglielmo

Prevailing Party in Contractual Dispute was Entitled to Lost Profits Damages in Specific Amount

On remand following affirmance of judgment in favor of defendant in a breach of contract dispute, defendant presented sufficient evidence of damages to warrant a lost profits damages award in a specific amount.

X04 HHD CV 06-5009720-S
Sheridan, J.

Hartford J.D., at Hartford

South Marshall Associates, LLC v. Federal National Mortgage Association

Prior Pending Action Warranted Dismissal of Complaint

The prior pending action doctrine warranted dismissal of an action that was virtually identical to a previously filed and still pending action involving the same parties and the same issues.

CV16-6072410
Scholl, J.

Connecticut Superior Court

Zampaglione v. Dempsey

Homeowner entitled to damages against unlicensed contractor who failed to perform home remodeling work

An unlicensed contractor who failed to perform home remodeling work per terms of a written contract after receiving sunstantial payments in advance, and who failed to answer a complaint, was ordered to pay actual, consequential and punitive damages to the aggrieved homeowner.

UWY-CV-16-6032040S
Shaw, J.

Fairfield J.D.

Partch v. Wilton Meadows Health Care Center Corp.

No Basis to Extend Plaintiff's Appeal Period or Vacate Judgment

Plaintiff failed to set forth a sufficient basis for the court to extend her appeal period or to open or vacate a judgment against her where she chose to prioritize other matters and her claim of new evidence was vague and unsubstantiated.

CV12-6029435
Krumeich, J.

Middlesex J.D.

Montross v. Cassella

Superior Court had Jurisdiction over Plaintiff's Claim for an Estate Accounting

Plaintiff properly brought her claim for an estate accounting before the Superior Court since this court and the Probate Court exercise concurrent jurisdiction over accountings by persons acting under powers of attorney.

CV16-6016389
Aurigemma, J.

United States District Court

Grenier v. The Stamford Hospital, et al

Federal Court Retains Supplemental Jurisdiction Over Pendent State Law Claim

Grenier, as administrator, sued Stamford Hospital and related health care providers, alleging that they injured, and ultimately killed, Laura Sheehan.

3:14-cv-0970
Bryant, J.

United States District Court

Robinson v. Department of Motor Vehicles

Court Denies DMV's Motion to Dismiss Discrimination and Retaliation Pro Se Complaint

Robinson, proceeding pro se, sued the DMV, her former employer, for race discrimination and retaliation.

3:16-cv-1148
Hall, J

United States District Court

Hauser v. General Cable Indus, Inc.

Court Orders Plaintiff to Provide Complete Discovery Responses and Awards Defendant Its Fees

Hauser sued his former employer (General Cable) for violating the Family & Medical Leave Act.

3:16-cv-1694
Martinez, J

United States District Court

Jackson v. City of Middletown

Jury to Decide Minor Plaintiffs' Claims Against Arresting Officers, School District, Police and City Stemming From Cafeteria Incident

After he was accused of stealing food by a cafeteria worker, Jackson's child (ZJ) was tackled, slammed to the ground and tasered by high school officers.

3:11-cv-00725
Meyer, J.

United States District Court

Kennedy v. Supreme Forest Products, Inc.

Court Allows Audio Recordings to be Played at Trial; Denies Plaintiff's Use of Photographs

Kennedy sued his former employer (Supreme), alleging that it violated federal law by terminating his employment because he refused to drive trucks that were loaded with mulch that was over the federal legal weight limit.

3:14-cv-01851
Meyer, J.

United States District Court

GEOMC Co., Ltd. v. Calmare Therapeutics, Inc.

Court Orders Videoconference Deposition of Plaintiff's CEO

CTI sought to depose GEOMC's CEO, Young Lim, and an executive vice president, Seung B. Oh. GEOMC produced Oh as its Rule 30(b)(6) witness, and offered to make Lim available if Oh was unable to address any topics.

3:14-cv-01222
Bolden, J.

Connecticut Appellate Court

Rinfret v. Porter

Trial Court's Findings Lacked Specificity Required Under Case Law

The trial court's findings lacked the specificity needed to support its conclusion that an action was both brought entirely without color and in bad faith.

AC 38753
Prescott, J.

Connecticut Appellate Court

Chicago Title Insurance Company v. Accurate Title Searches, Inc.

American Rule Did Not Bar Compensatory Damages for Attorney Fees Previously Incurred Due to Defendant's Negligence

The so-called American rule did not bar an award of compensatory damages for attorney fees incurred by the plaintiff in prior litigation necessitated by the defendant's negligence.

AC 37869
Sheldon, J.

Connecticut Appellate Court

State v. Joseph R. B.

Evidence Supported Finding That Defendant Broke Infant's Leg

The evidence supported a finding that the defendant broke his infant's leg. The Appellate Court affirmed the judgment of conviction.

AC 37808
Beach, J.

Compensation Review Board

Barker v. All Roofs by Dominic

City "Principal Employer" of Subcontractor's Employee Repairing City Building

A city could be held liable as "principal employer" for injuries sustained by a subcontractor's employee while performing maintenance on a city-owned building.

6166 CRB-3-16-7
Mastropietro, Engel, and Dilzer

United States Court of Appeals for the Second Circuit

Spak v. Phillips

Cause of Action for Malicious Prosecution Accrued When Criminal Charges Were Dismissed

A plaintiff's action for malicious prosecution accrued when all charges against him were dismissed.

15-3525

Connecticut Supreme Court

Estate of Brooks v. Commissioner of Revenue Services

QTIP Marital Deduction Trust Subject to State Estate Tax Upon Beneficiary's Death

The assets in a QTIP marital deduction trust were properly included in the beneficiary's estate for state estate tax purposes upon the beneficiary's death.

SC 19577
Eveleigh, J.

Connecticut Supreme Court

Lyme Land Conservation Trust, Inc. v. Platner

Property Owner Violated Conservation Restriction

The defendant violated the restrictive covenants on her property by destroying conservation lands.

SC 19797
Rogers, C.J.

Connecticut Supreme Court

Breton v. Commissioner of Correction

Defense Counsel Not Ineffective for Acquiescing to Defendant's Refusal to Present Mitigating Evidence

Defense counsel could not be deemed ineffective for acquiescing to a defendant's refusal to allow the presentation of available mitigating evidence.

SC 19072
McDonald, J.

Hartford J.D.

Anchor Reef Assoc., Inc. v. Anchor Reef Club at Branford LLC

Condominium Association's Suit Ripe Where Residents Were Already Using Common Elements of Property

The plaintiff condominium association's lawsuit against the property developer was not premature where the common elements of the property, which were the subject of this suit, had already been built and turned over to condominium residents for their use.

CV15-5043896
Moukawsher, J.

Middlesex J.D.

Cavanaugh v. Subaru of America, Inc.

Plaintiffs' Warranty and Unfair Trade Practices Claims Subsumed by State Product Liability Act

Plaintiffs' claims regarding their Subaru vehicles were product liability claims under the Connecticut Product Liability Act and, thus, were subsumed by the act.

CV16-6015243
Aurigemma, J.

Waterbury J.D.

Dichiara v. Benchmark Senior Living, LLC

Allegations Sounded in Negligence Where They Turned on Defendants' Exercise of Judgment Outside of Medical Care

Plaintiff was not required to submit an expert letter and certificate of good faith in her action against a nursing home and related parties where her claims arising from a collision with another facility resident sounded in negligence, not medical malpractice.

CV17-6033262
Shah, J.

Stamford J.D.

Imbruce v. Johnson

Plaintiffs' Legal Malpractice Claims Raised Material Issues of Fact Regarding Application of Wrongful Conduct Rule

The wrongful conduct rule did not bar plaintiffs from seeking redress against their former attorneys for alleged malpractice where there were material issues of fact regarding plaintiffs' alleged reliance on defendants' advice and their subsequent wrongful conduct.

CV14-6024138
Jacobs, J.

New London J.D., at New London

Lanoue v.McCormick, Pauding & Huber LLP

Continuous Representation Doctrine Inapplicable to Representation That Ended Latest in 2006

A plaintiff who filed suit in 2015 failed to establish eligibility for tolling under the continuous representation doctrine when he had no further interaction with his attorneys after 2005.

CV15-6023776
Vacchelli, J.

Hartford J.D.

DiGiuseppe v. Talbot

No Legal Malpractice Claim in Absence of Attorney-Client Relationship; No Governmental Immunity for Mediator

Plaintiff could not maintain a legal malpractice claim against defendant, the mediator of a marital dispute, since there was no attorney-client relationship between the parties.

CV16-6069963
Dubay, J.

Milford J.D.

Jalowiec Realty Assoc. LP v. Planning & Zoning Commission

Record Contained Ample Support for Approval of Zoning Application for Animal Hospital

The City of Derby Planning & Zoning Commission fully vetted a site plan and application for the construction of an animal hospital and elicited ample evidence to support its approval of that application.

CV16-6020558
Moran, J.

Hartford J.D.

Chambers v. Quiles

Defendant Insurer Fell Within Class of Persons Subject to Suit by Apportionment Complaint

Departing from the majority, the Superior Court held that an insurer providing motorist coverage for the liability of an unidentified motorist is within the class of persons subject to suit by apportionment complaint pursuant to General Statutes § 52-102b.

CV16-6071136
Noble, J.

Stamford, J.D.

Kirwan v. Kirwan

Defendant Failed to Demonstrate Trial Judge's Bias or Prejudice

Defendant failed to demonstrate that the trial judge's involvement in a prior criminal matter or her prior decisions in this family law matter, which were unfavorable to him, gave reason to question the judge's impartiality.

CV12-4023927
Heller, J.

Waterbury J.D., at Waterbury

Li v. Town of Woodbury

Expert Witness's Unavailability for Deposition Warranted Exclusion of Affidavit

An expert witness's unavailability for deposition warranted exclusion of his affidavit.

CV16-5017752
Brazzel-Massaro, J.

Hartford J.D.

Johnson v. Tower Business Center, LLC

Court Lacked Personal Jurisdiction Due to Improper Service of Apportionment Complaint

Where plaintiff failed to accomplish proper service of an apportionment complaint in accordance with Practice Book § 10-12(c) and 10-13, the court lacked personal jurisdiction over the apportionment defendant.

CV15-6057669
Scholl, J.

Hartford J.D.

Carabetta Organization, Ltd. v. City of Meriden

Allegations of Injury Personal to Plaintiffs Insufficient to Plead Antitrust Injury

Plaintiffs' complaint, which contained jargon, catch phrases and "talismanic language" associated with conduct prohibited by antitrust laws, was not legally sufficient to plead an antitrust injury under the Connecticut Antitrust Act.

CV16-6070738
Sheridan

United States District Court

Thurston Foods, Inc. v. Wausau Business Insurance Company

Question of Insurer's Duty to Provide Coverage for Snow and Ice Damage Left to Jury

Questions of whether an insurer should provide coverage for snow removal and related damage needed to be left for the jury.

3:15-cv-14
Eginton, J.

United States District Court

A. v. Hartford J.D., at Hartford Board of Education

Prevailing Party Not Entitled to Post-Judgment Interest on Award of Fees

An award of attorney fees was not a "judgment" for purposes of awarding post-judgment interest.

3:11-cv-1381
Crawford, J.

United States District Court

Roman v. Leibert

Homeowner's Challenge to Foreclosure Proceedings Failed To Allege Viable Basis for Federal Jurisdiction

The plaintiff's claim that foreclosure proceedings violated federal law failed to allege any viable basis for federal jurisdiction.

3:16-cv-1988
Hall, J.

United States District Court

Gallaher v. US Bank National Association

No Showing That Banking Institution Unlawfully Accessed Credit Report

The plaintiffs failed to show that a banking institution either disregarded a credit report dispute or unlawfully accessed the plaintiffs' credit report.

3:14-cv-1877
Bryant, J.

United States District Court

Goff v. Chivers

"Distraction" Caused by Bystander's Presence During Arrest Not Probable Cause to Arrest Bystander for Interference

The distraction caused by a bystander's presence during an arrest did not constitute probable cause to arrest the bystander for interference.

3:15-cv-722
Merriam, U.S.M.J.

United States District Court

Genn v. New Haven J.D., at New Haven Board of Education

Plaintiff's Motion for Fees Did Not Comply With Carey

The plaintiff filed a motion for fees that failed to comply with the court's directives.

3:12-cv-704
Haight, J.

Connecticut Appellate Court

Theodore v. Lifeline Systems Company, et al.

Trial Court Correctly Granted Defendants' Motion for Directed Verdict Where Plaintiff Did Not Prove Causation

Theodore sued Lifeline, alleging that its home medical alert system failed to operate as promised, resulting in her mother's death.

AC 37857
Lavine, J.

Connecticut Appellate Court

Riley v. The Travelers Home & Marine Ins. Co.

Jury's Breach of Contract and Emotional Distress Award for Denied Property Damage Claim Affirmed on Appeal

A fire destroyed a room in Riley's house containing family mementos and photographs, and caused smoke damage to other portions of the house.

AC 37307
Sheldon, J.

Connecticut Appellate Court

Pressley v. Johnson

Trial Court Erred By Not Requiring Parent to Pay Share of Childcare Expenses Required by Dissolution Judgment

A part of their divorce, the parties were to equally share in child care expenses.

AC 38821
Sheldon, J.

Connecticut Appellate Court

Evans v. Tiger Claw

Trial Court's Decision That Plaintiff Was Not Entitled to Alleged Unpaid Wages Was Not Clearly Erroneous

Evans joined a start-up company as its sole salesperson, on a commission basis.

AC 38445
Per Curiam

Connecticut Appellate Court

SunTech of Connecticut, Inc. v. Lawrence Brunoli, Inc., et al.

Court Affirms Judgment for General Contractor In Construction Dispute With Subcontractor

Brunoli (general contractor) entered into a contract to construct a building. It retained SunTech as a glass subcontractor on the project.

AC 38301
Lavine, J.

Connecticut Appellate Court

Doe v. Rackliffe

Plaintiffs Did Not Carry Burden of Showing Why They Should Be Allowed to Proceed Anonymously

James and John Doe sued Rackliffe, alleging that he sexually abused them when they were minors.

AC 37681
DiPentima, J.

Compensation Review Board

Wilson v. Capitol Garage, Inc.

Claimant Should Be Allowed to Rebut Finding That Cigarette Smoking Was Primary Cause of His Lung Disease

Claimant should have been afforded the opportunity to present evidence to rebut the trial commissioner's finding that claimant's cigarette smoking was the primary cause of his lung disease.

6109 CRB-2-16-6
Mastropietro, Salerno, and Morelli

Compensation Review Board

Pisaturo v. Logistec, USA, Inc.

Claimant Bore Burden of Submitting Evidence At Trial

The claimant needed to submit evidence at trial in support of his contention that respondent's expert's evaluation of his impairment was flawed.

6105 CRB-1-16-6
Mastropietro, Walker, and Salerno

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.