Decisions

Most Viewed Decisions

Superior Court

Beverly v. Administrator, Unemployment Compensation Act

Although domestic violence may qualify as a reason to leave suitable work involuntarily, lack of child care may not.

Practice Areas: Social Services Law , Unemployment Compensation

Superior Court

Lefebure v. Antol

Allegations that a supervisor instructed a worker to use chemicals without adequate protective gear, after the worker was diagnosed with cancer and underwent surgery, may be adequate to allege that the employer intentionally created a dangerous condition that made the employee's injuries substantially certain to occur.

Practice Areas: Social Services Law , Workers’ Compensation , Torts , Liability

Superior Court

State v. Connecticut State Employees Association

A court can vacate an arbitration award, if the arbitrator exceeds his powers, pursuant to Connecticut General Statutes §52-418(a)(4).

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

Superior Court

Maxwell v. Bozelko

The assignee of the named plaintiffs can file suit in the name of the assignors.

Practice Areas: Civil Procedure , Parties , Standing

Superior Court

Thibault v. The Barkhamsted Fire District

Allegations that a worker was discharged from a volunteer fire company after she criticized the volunteer fire company on social media may be insufficient to allege a cause of action for violation of the right to freedom of expression under the Connecticut Constitution.

Practice Areas: Constitutional Law , Labor and Employment , Discrimination , Sexual Harassment , Torts , Emotional Distress

Superior Court

Skakel v. Warden

To prevail on a claim of ineffective assistance of counsel, a petitioner must establish: 1.) counsel's representation was below an objective standard of reasonableness; and 2.) counsel's performance prejudiced the defense.

Practice Areas: Constitutional Law , Criminal Law

Superior Court

State v. Ward

An individual who is convicted of first-degree sexual assault can be sentenced t0 20 years.

Practice Areas: Criminal Law

Superior Court

Bonee v. Carr

When insurance covers only a portion of damages from a motor-vehicle accident, a court can reach a ruling on each party's economic and non-economic damages and award a proportionate amount.

Practice Areas: Legal Profession , Attorney Fee Recovery , Torts , Damages , Motor Vehicles , Personal Injury

Superior Court

Mahon v. Town of Cromwell

A minor plaintiff who voluntarily participates in a municipal program that is open to all municipal residents may not qualify as an identifiable victim subject to imminent harm.

Practice Areas: Torts , Personal Injury

Superior Court

Rosario v. Bergenty

Allegations that a moped driver who smelled of alcohol collided with a bicyclist and then ran over the bicyclist's leg and foot can be sufficient to allege recklessness.

Practice Areas: Torts , Personal Injury

Superior Court

Moore v. Connery

A trial court possesses jurisdiction over equitable claims for the imposition of a constructive trust.

Practice Areas: Trusts and Estates

U.S. District Court

Flores v. Dibenedeto

To obtain tax returns in discovery, a party may be required to prove that a compelling need exists, because the information is not freely available elsewhere, and that the tax information is pertinent.

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

U.S. District Court

Vale v. City of New Haven Police Department

Allegations in an amended complaint can be allowed, if the amended complaint adequately relates back to the original complaint or charge to an administrative agency.

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

U.S. District Court

Briscoe v. City of New Haven

Title VII prohibits an employer's use of a practice that has a disparate effect on a particular race.

Practice Areas: Civil Rights , Labor and Employment , Discrimination , Race Discrimination

U.S. District Court

Goode v. Bruno

The Religious Land Use and Institutionalized Persons Act, 42 United States Code §2000cc-1, does not create a private cause of action against state officers in their individual capacities.

Practice Areas: Civil Rights , Constitutional Law , Criminal Law

U.S. District Court

Oten v. U.S.

A "collateral attack on a final judgment in a criminal case is generally available under §2255 only for a constitutional error, a lack of jurisdiction in the sentencing court, or an error of law or fact that constitutes 'a fundamental defect which inherently results in a complete miscarriage of justice,' " pursuant to Graziano v. U.S., a 1996 decision of the 2nd Circuit.

Practice Areas: Criminal Law

U.S. District Court

Bagnall v. Sebelius

A patient who is placed on "observation" status and is not admitted to a hospital may not be entitled to Part A Medicare coverage.

Practice Areas: Health Law , Social Services Law , Medicare/Medicaid

U.S. District Court

Azoulay v. Allstate Insurance Co.

Even if an insurance agent claims that they are covered, insureds with standard flood insurance policies may possess the duty to know the policy terms, because the policies are codified under federal law.

Practice Areas: Insurance Law , Policy Terms

U.S. District Court

Reichle v. U.S. Internal Revenue Service

Disqualification is required when "an objective, disinterested observer fully informed of the underlying facts [would] entertain significant doubt that justice would be done absent recusal," pursuant to U.S. v. Carlton, a 2008 decision of the 2nd Circuit.

Practice Areas: Civil Procedure , Taxation

Board of Labor Relations

Town of Ridgefield and Ridgefield Police Union, Local 1235, Council 15, AFSCME, AFL-CIO

The duty to negotiate in good faith includes an obligation to participate actively in an attempt to reach a basis for agreement, pursuant to West Hartford Education Association v. DeCourcy, a 1972 decision of the Connecticut Supreme Court.

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

Board of Labor Relations

Town of Suffield and Teamsters Local 559

When considering whether a new collective bargaining unit is appropriate, the Board of Labor Relations may consider: 1.) community of interest; 2.) the administrative burden on the employer; and 3.) workers' desires. Teamsters Local 559 filed a petition to carve up a bargaining unit and to serve as the exclusive representative of eight dispatchers who receive emergency and non-emergency calls, for police, fire and medical services.

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

Board of Mediation and Arbitration

City of Stamford and Stamford Board of Education Employees Association

A school custodian may not violate rules, if he grabs a student's arm to escort the student to a principal's office.

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

Compensation Review Board

Covey v. Home Medical Associates, LLC

As the Compensation Review Board explained in its 1999 decision in Johnson v. Braun Moving, Inc., "the key factor in establishing employee status is not the label applied by the parties in a memorialized agreement; it is the putative employer's right to control the means and methods used by the person whose status is implicated."

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Duntz v. Ales Roofing and Caulking Company

The plain meaning of Connecticut General Statutes §31-294d(a)(1) is rather unambiguous; once the respondent is aware of a compensable injury, it is his or her duty to furnish appropriate care for the injury and there is no time limitation in the statute.

Practice Areas: Social Services Law , Workers’ Compensation

U.S. Court of Appeals for the 2nd Circuit

St. Vincent de Paul Place, Norwich, Inc. v. City of Norwich

Article III of the United States Constitution requires federal courts to decide only actual cases and controversies, and a claim may not yet be "ripe" for litigation, if the claim rests on contingent future events that may not occur and that have not yet matured into a substantial controversy that merits judicial intervention.

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

Compensation Review Board

Chowaniec v. Town of Middlefield

In the 2008 case of Evanuska v. Danbury, concerning volunteer firefighters injured while repairing the firehouse roof, the Supreme Court construed the "catch-all provision" in Connecticut General Statutes §7-314(a), "any other duty ordered to be performed by a superior or commanding officer," noting that whether an undertaking constituted a "fire duty" under C.G.S. §7-314(a), "necessarily would depend on the facts of each case establishing a duty ordered to be performed by a superior or commanding officer."

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Kingston v. Town of Seymour

In recent years, the Compensation Review Board generally has found notice of claims that may have been vague or incomplete but filed in a timely manner, preserved the Worker's Compensation Commission's jurisdiction over the injury, and the respondent has the burden under Connecticut General Statutes §31-294c(c) of establishing prejudice from an inaccurate date listed on the claimant's Form 30C or other efforts to initiate the claim within one year of the injury.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Lee v. Empire Construction Special Projects, LLC

The 1997 Appellate Court case of Park v. Choi stands for the principle that an out-of-state insurer may expose itself to risks in Connecticut when it issues a specific endorsement to a policy accepting those risks.

Practice Areas: Social Services Law , Workers’ Compensation

Compensation Review Board

Wilson v. Costco Wholesale Corporation

Marandino v. Prometheus Pharmacy, a 2010 Connecticut Supreme Court decision, stands for the proposition that a trial commissioner may "consider medical evidence along with all other evidence to determine whether an injury is related to the employment."

Practice Areas: Social Services Law , Workers’ Compensation

Freedom of Information Commission

Gillum v. Chief, Police Department, Town of Newtown

Following the Sandy Hook Elementary School shootings, the General Assembly passed SB 1149, now Public Act 13-311, which exempts from disclosure certain audio recordings of conversations, presumably between first responders, in which the conditions of victims of homicide are described, but, it specifically does not shield from disclosure recordings of 911 calls from members of the public to law enforcement agencies.

Practice Areas: Administrative Law

Freedom of Information Commission

Kadri v. Chairman, Board of Education, Groton Public Schools

In Harp v. King, the 2002 Connecticut Supreme Court adopted a moderate approach to strike the fairest balance between the competing policy interests of preserving confidential attorney-client communications and encouraging the party seeking the benefit of the attorney-client privilege to take care in handling otherwise privileged material.

Practice Areas: Administrative Law

State Elections Enforcement Commission

Complaint by: Bass

Campaign treasurers are required to disclose the receipt of campaign funds pursuant to the Citizens' Election Program. Ian Neal of New Fairfield served as the treasurer of Grossman for New Milford, to promote the candidacy of Andrew Grossman.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Burrell

A "bona fide residence" is that place where an individual maintains a true, fixed, and principal home to which the citizen, whenever transiently relocated, has a genuine intent to return.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Lopez

Registrars of voters violate Connecticut General Statutes §9-265, if they fail to report write-in votes properly.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: McCorkindale

A political company that is affiliated with a company can contribute to a political committee that was formed in response to a municipal referendum, without violating Connecticut General Statutes §9-620(c).

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Pelto

A non-profit organization that supports a referendum and spends more than $1,000 may be required to register as a political committee.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Santino

Payment by a Delaware corporation for a poll about an upcoming election may constitute an "expenditure" for an item "for the purpose of influencing" a "nomination for election, or election" and qualify as a campaign "contribution" to a politician, even if the politician has not formally registered as a candidate.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Scialabba

The "paid for by" and "approved by" attributions may be required, in connection with a candidate's election tweet, if the tweet is linked to a campaign message, pursuant to Connecticut General Statutes §9-621(a).

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Complaint by: Stambaugh-Walter

If the head moderator fails to properly report a write-in vote, the registrars of voters may also be responsible, because they are responsible to train and to supervise elections officials.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Matter of: Commission Initiated Complaint

Connecticut General Statutes §9-622 prohibits campaign contributions that are made in the name of another.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Referral of: Young-Kleinfeld

A citizen who votes via absentee ballot and is available to vote on election day is required to contact the town clerk prior to 10 a.m. on election day and arrange to withdraw the absentee ballot, prior to voting at the polls.

Practice Areas: Administrative Law , Election and Political Law

U.S. Bankruptcy Court

In Re: Newman

While a Connecticut limited liability company has the ability to claim documents are subject to the attorney-client privilege, Connecticut General Statutes §34-144(d) expressly requires, inter alia, that a limited liability company render full information of all things affecting limited liability members to those members, to the extent the circumstances render it just and reasonable.

Practice Areas: Bankruptcy

U.S. Bankruptcy Court

In Re: Smith

Any fiduciary relationship arising out of a nondiscretionary broker-client relationship exists in the context of a particular transaction.

Practice Areas: Bankruptcy

U.S. District Court

Methvin v. Cossette

Although a police officer's strike to a citizen's torso will not always constitute unreasonable force, a reasonable jury could find that a police officer's knee strike to the head of an unarmed citizen, who is on the ground, face down, constitutes unreasonable use of force.

Practice Areas: Civil Rights

U.S. District Court

Akande v. United States Marshal Service

Allegations that an inmate remained in federal custody an extra 35 days after he completed his prison sentence, and that his transfer to the custody of Immigration and Customs Enforcement was delayed, may be insufficient to allege an Eighth Amendment violation.

Practice Areas: Constitutional Law , Criminal Law , Immigration Law

U.S. District Court

Associated Electric Gas Insurance Services v. Babcock & Wilcox Power Generation Group Inc.

Absent evidence of bad faith, a court can admit an expert rebuttal report that introduces a new theory, in an apparent attempt to provide helpful background information.

Practice Areas: Evidence , Expert Witnesses , Products Liability

U.S. District Court

Murphy v. City of Stamford

To allege a 42 United States Code §1985(3) civil conspiracy among the members of a Board of Assessment Appeals, a plaintiff must allege facts that show some intentional and purposeful deprivation of constitutional rights.

Practice Areas: Constitutional Law , Taxation

New Haven J.D., at New Haven

Howell v. Aromatique Inc.

The Connecticut Product Liability Act permits a plaintiff to allege "reckless disregard," pursuant to Connecticut General Statutes §52-240b.

Practice Areas: Products Liability , Manufacturing Defect

Waterbury J.D., at Waterbury

Doe v. Roe

Assumption of the risk does not constitute a legally recognizable defense to allegations of intentional sexual assault.

Practice Areas: Torts , Affirmative Defenses , Assumption of Risk , Intentional Torts , Assault

Fairfield J.D., at Bridgeport

Paoli v. Town of Stratford

A court can award economic damages for medical expenses and non-economic damages, for pain and suffering, to a motorcyclist who crashes as a result of a highway defect.

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

New Britain J.D., at New Britain

Wagner v. Our Lady of Mount Caritas

"Punitive damages are awarded when the evidence shows a reckless indifference to the rights of others or an intentional and wanton violation of those rights," pursuant to Bhatia v. Debek, a 2008 decision of the Connecticut Supreme Court.

Practice Areas: Torts , Damages , Punitive , Intentional Torts , Fraud (Torts)

Stamford/Norwalk J.D., at Stamford

Parker v. DeFreitas

Even if Connecticut is the "home state" of a minor child, a Connecticut court can decide not to exercise jurisdiction, if Connecticut became the home state because one parent fled and hid the minor child from the other parent.

Practice Areas: Civil Procedure , Jurisdiction and Service of Process , Venue , Family Law , Custody and Child Support

New London J.D., at Norwich

Tatro v. Tatro

A court can order the party who possesses a greater ability to earn income and to acquire assets to pay alimony for six years.

Practice Areas: Family Law , Custody and Child Support

Middlesex J.D., at Middletown

Longhitano v. Zoning Board of Appeals of the Town of Essex

A court can find that a property that is burdened with two easements, a right of way and a setback is faced with the unusual hardship of an extremely restricted buildable area.

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

New London J.D., at Norwich

Facchini v. Russell

An attorney may not be allowed to represent a divorce client, if he is likely to be a necessary witness at trial.

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

New Britain J.D., at New Britain

Chenevert v. Turek

When a motor-vehicle suffers from property damage in a motor-vehicle accident, a court can award the plaintiff the difference in value prior to and after the motor-vehicle accident.

Practice Areas: Personal Property

Freedom of Information Commission

Scaringe v. Commissioner, State of Connecticut Department of Emergency Services and Public Protection, Division of State Police

The failure to produce a video recording of an accident from a police cruiser with a malfunctioning recording device did not violate the Freedom of Information Act, Connecticut General Statutes §1-200, and even if the video once existed and presently no longer exists, jurisdiction over the retention and destruction of public records does not rest with the Freedom of Information Commission, but with the State's Public Records Administrator under Connecticut General Statutes §11-8a and the applicable State's Attorney, as provided by statute.

Practice Areas: Administrative Law

Freedom of Information Commission

Smith v. Town Administrator, Town of Putnam

The privacy rights embodied in C.G.S. §1-210(b)(2) belong to the subject individuals and the respondents lacked standing to assert the privacy rights of individuals mentioned in derogatory text messages.

Practice Areas: Administrative Law

Freedom of Information Commission

Tarzia v. Orgera

An appeal was not rendered moot by the final decision in a prior case regarding the same agency action, because the complaint raised allegations that were unaddressed in the prior appeal and the doctrine of res judicata did not apply because neither the claims nor the parties were the same.

Practice Areas: Administrative Law

Freedom of Information Commission

Tarzia v. Pavia

The standard for subject matter jurisdiction in a case of an allegedly secret or unnoticed meeting is 30 days after the person filing the appeal receives notice in fact that such meeting was held, not 30 days after such person receives actual notice.

Practice Areas: Administrative Law

U.S. District Court

Wells v. Yale University

A court can order sanctions, if a party fails to disclose a doctor's medical treatment records, despite frequent requests.

Practice Areas: Civil Procedure , Discovery , Civil Rights

U.S. District Court

Ashby v. Arnone

A prison may not be required to provide a special diet to a prisoner, to help the prisoner comply with religious mandates.

Practice Areas: Criminal Law

U.S. District Court

Gonzalez v. Cheverier

An inmate who alleges that a corrections officer cut the inmate during a quarrel may possess a cause of action for excessive use of force.

Practice Areas: Criminal Law , Evidence

U.S. District Court

U.S. v. Mills

Evidence that police were engaged in a competition between police barracks—to see who could issue the most motor-vehicle tickets—may be insufficient to prevail on a motion to suppress evidence.

Practice Areas: Criminal Law , Evidence

U.S. District Court

Oppedisano v. Southern Connecticut State University

Allegations that a professor was yelled at in a threatening way, after she refused to accommodate a student, and was not properly considered part of the dean's search, may be insufficient to qualify as severe or pervasive sexually discriminatory conduct.

Practice Areas: Labor and Employment , Discrimination , Sex Discrimination

U.S. District Court

Dominion Energy Inc. v. Zurich American Insurance Co.

An insurer's duty to defend extends to litigation that alleges facts that are potentially within the scope of insurance coverage, even if facts outside the pleadings may indicate that the litigation may lack merit.

Practice Areas: Insurance Law

U.S. District Court

Held v. Silver

Allegations in an e-mail that are based on the facts in a legal pleading or that clearly constitute an opinion, as opposed to a statement of fact, may not be sufficient to prevail on defamation.

Practice Areas: Torts , Intentional Torts , Defamation

Superior Court

Sylvan R. Shemitz Designs Inc. v. Brown

A court can deny an employer's request for a temporary injunction to enforce a broad restriction on any employment, not matter how important or menial, because that could significantly harm the former employee's career.

Practice Areas: Civil Procedure , Provisional Remedies , Contracts , Breach , Labor and Employment , Employment Contracts

Superior Court

State v. Biedermann

A court has discretion to deny release on bail as a result of concerns that a defendant convicted of "extremely serious" offenses presents a risk to the community and could flee.

Practice Areas: Criminal Law

Superior Court

Kilian v. Bettencourt

A court can find that a statute that requires candidates to sign a nomination form and to provide their addresses is not mandatory, in part because the statute does not include a penalty for noncompliance.

Practice Areas: Election and Political Law

Superior Court

Dzamko v. Dossantos

An individual who allegedly uses another person's Facebook photo and distributes the photo to people in an Internet chat room, as though the photo were a picture of himself, can be sued for false light invasion of privacy, even if the plaintiff fails to allege actual damages.

Practice Areas: Torts , Emotional Distress , Intentional Torts , Defamation

Superior Court

Dorozko v. Administrator, Unemployment Compensation Act

An act of dishonesty that adversely affects the employer's interests or violates the standards of behavior that an employer can reasonably expect may constitute "willful misconduct" for purposes of unemployment benefits.

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

Board of Mediation and Arbitration

City of Bridgeport and IAFF, Local 834

A municipality may not be required to pay overtime, if a worker accepts an overtime assignment that follows a regular work shift, and the municipality cancels the extra work shift assignment.

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

Board of Mediation and Arbitration

City of Stamford and UAW, Local 2377

A worker who requests additional pay for work performed at a higher classification may be required to provide accurate and detailed documentation of the time spent.

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

New Haven J.D., at New Haven

Barberino v. JAG Studios LLC

Although a party must have standing to sue for the court to have subject-matter jurisdiction, and a motion to dismiss is the proper method to raise questions concerning subject-matter jurisdiction, a motion to dismiss may not be the proper method to resolve which individuals were parties to a contract.

Practice Areas: Civil Procedure , Parties , Standing

Fairfield J.D., at Bridgeport

Bottai v. Wiz Leasing Inc.

Connecticut General Statutes §42-221(c)3 bars claim for breach of implied warranty, if a motor vehicle is seven years old.

Practice Areas: Consumer Protection , Contracts , Breach , Warranties

Fairfield J.D., at Bridgeport

Masulli v. Framularo

A court can balance the equities when ruling on a motion to discharge a mortgage, pursuant to Connecticut General Statutes §49-13.

Practice Areas: Creditors’ and Debtors’ Rights

Superior Court

State v. Andino

An individual convicted of promoting a minor in an obscene performance, in violation of Connecticut General Statutes §53a-196b, can be sentenced to 20 years in prison.

Practice Areas: Criminal Law

Superior Court

Gordon v. Gordon

Lifestyle may serve as a basis to compute income when conventional methods are not adequate, pursuant to Carasso v. Carasso, a 2003 decision of the Connecticut Appellate Court. When the parties married in October 2001, the husband had three children from an earlier relationship.

Practice Areas: Family Law

Superior Court

Hannon v. Hannon

A court can find one party at greater fault for the breakdown of the marital relationship.

Practice Areas: Family Law

Superior Court

Levene v. Levene

Dissipation in the marital dissolution context requires financial misconduct involving marital assets, such as intentional waste or a selfish financial impropriety, coupled with a purpose unrelated to the marriage, pursuant to Gershman v. Gershman, a 2008 decision of the Connecticut Supreme Court.

Practice Areas: Family Law , Custody and Child Support

Superior Court

William v. Nguyen

A court may set aside a judgment that is obtained as a result of fraud if: 1.) after the discovery of fraud, the movant files a motion to open promptly; 2.) the movant acts diligently in attempting to discover and to expose fraud; 3.) clear proof exists of fraud; and 4.) a substantial likelihood exists that the results of a new trial will be different.

Practice Areas: Family Law

Superior Court

Kisala v. Malecky

In a whistleblower retaliation complaint, allegations that a supervisor threatened the plaintiff with receipt of a poor evaluation and discharge can qualify as a threat of "adverse personnel action."

Practice Areas: Labor and Employment , Whistle-blower Law

Superior Court

Pomazi v. Holmes

A court can order a party who builds a structure that encroaches on a neighbor's property to remove the structure within nine months.

Practice Areas: Residential and Commercial Real Estate

Superior Court

BRCP CT Properties LLC v. City of Norwalk

A real estate appraiser who uses sales of hotels to reach a conclusion about the fair market value of a corporate training facility that specializes in employee training conferences may be comparing "apples and oranges."

Practice Areas: Taxation

Superior Court

Cancelmo v. Carpenteri

A court may set aside a verdict, if the result merits a conclusion that corruption, bias, mistake or prejudice influenced the jurors, pursuant to Novak v. Scalesse, a decision of the Connecticut Appellate Court.

Practice Areas: Torts , Causation , Premises Liability

Superior Court

Lincoln v. Lincoln

To prevail on malicious prosecution, a plaintiff must prove: 1.) the defendant initiated criminal proceedings against the plaintiff; 2.) the criminal proceedings ended in the plaintiff's favor; 3.) the defendant acted without probable cause; and 4.) the defendant acted with malice, primarily for a purpose other than to bring an offender to justice.

Practice Areas: Torts , Intentional Torts , Abuse of Process , Defamation

New Haven J.D., at New Haven

State v. Davis

A petitioner who is convicted of reckless driving, in violation of Connecticut General Statutes §14-222, can be sentenced to 30 days in prison.

Practice Areas: Criminal Law

Litchfield J.D., at Litchfield

State v. Wakeman

An individual who is convicted of possession with intent to sell a controlled substance can be sentenced to seven years in prison.

Practice Areas: Criminal Law

Hartford J.D., at Hartford

Beavers v. Dones

At a hearing in damages, a court can award economic damages for medical expenses that result from a dog attack, and non-economic damages, for pain and suffering, loss of enjoyment and permanent injury.

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

New Haven J.D., at New Haven

Crespo v. 210 Burwell Avenue LLC

A court can find that a tenant who allegedly warns a landlord about a defective railing is not contributorily negligent if the tenant allegedly grabs the railing and the railing becomes detached.

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

State Elections Enforcement Commission

In the Matter of: Commission Complaint

Connecticut General Statutes §9-622(1) prohibits vote buying.

Practice Areas: Administrative Law , Election and Political Law

State Elections Enforcement Commission

Referral by: Registrars of Voters

An individual's bona fide residence is the place where that individual maintains a true, fixed and principal home to which the individual, whenever transiently relocated, has a genuine intent to return.

Practice Areas: Administrative Law , Election and Political Law

Statewide Grievance Committee

Bowler v. McCann

Practice Book §2-27 bars lawyers from commingling their personal funds with their clients' funds.

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Ruddell v. Scheirer

Rule 1.7(a)(1) provides, "A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client."

Practice Areas: Administrative Law , Legal Profession

Statewide Grievance Committee

Yopp v. Morello

Rule 1.4. provides, "A lawyer shall: . . . keep the client reasonably informed about the status of the matter."

Practice Areas: Administrative Law , Legal Profession

Connecticut Supreme Court

State v. Brown

The 10 year limitation on a period of special parole provided for in Connecticut General Statutes §54-125e(c) applies per offense, rather than to the total effective sentence of special parole.

Practice Areas: Criminal Law

Connecticut Appellate Court

Bennett v. Chenault

A claim of judicial misconduct has nothing to do with the theory on which the jury reached its verdict, and, therefore, review of such claim is not precluded by the general verdict rule.

Practice Areas: Torts , Premises Liability

Connecticut Appellate Court

Pellecchia v. Town of Killingly

Where a judgment of nonsuit entered based on a "knowing, blatant and egregious disregard for the court and the rules of practice," the action did not fail due to a matter of form as contemplated by the Accidental Failure of Suit Statute, Connecticut General Statutes §52-592.

Practice Areas: Civil Procedure , Statute of Limitations , Torts

Connecticut Appellate Court

Fine v. Commissioner of Correction

The right to petition for a writ of habeas corpus, as a means of challenging the legality of a conviction, is viewed as being no less constitutionally significant than the right of a defendant to bring a direct appeal, as a means of challenging a judgment of conviction.

Practice Areas: Criminal Law , Constitutional Law