59 results for 'court:"Connecticut Supreme Court"'.
J. McDonald finds the lower court properly upheld the utilities commission's denial of the apartment complex owner's request to use ratio utility billing, which apportions a certain amount to each tenant from a "master" meter at the property, to charge tenants for utility costs. Connecticut law prohibits billing tenants for utilities they did not use exclusively. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: May 2, 2024, Case #: SC20769, Categories: Energy, Landlord Tenant
J. Robinson finds the lower court erroneously dismissed the borrower's special defenses of unclean hands and breach of the implied covenant of good faith and fair dealing. His allegations regarding the lender's nationwide kickback scheme with an insurer provided sufficient details about his own mortgage and, specifically, the enforcement of the lender's provision that required the borrower to purchase certain insurance. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 25, 2024, Case #: SC20817, Categories: Evidence, Fraud, Banking / Lending
J. Robinson finds Connecticut law requires an employer to deliver its notice to contest workers' compensation benefits within 28 days of the employee's notice to seek benefits and, therefore, the lower court properly upheld the workers' compensation board's decision to preclude the employer from contesting because it mailed its notice - but did not deliver it - 28 days after it received the employee's claim. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 19, 2024, Case #: SC20836, Categories: Civil Procedure, Workers' Compensation
J. Robinson finds that the trial court improperly dismissed an aunt’s amended petition for third-party visitation of her niece. The aunt alleges that she had a parent-like relationship with her niece and, if visitation was denied, the niece would suffer significant harm since she was the primary caregiver. The niece’s biological mother died, and the biological father was awarded custody. The case is remanded for further proceedings for the aunt to prove her parent-like relationship. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 15, 2024, Case #: SC20832, Categories: Evidence, Family Law, Wills / Probate
J. Mullins finds the hearing officer from the Commission of Motor Vehicles improperly admitted the incident report from the police officer regarding his arrest of the petitioner on DUI charges. The report was not completed within three days of the petitioner's request, as required under Connecticut law. Although the three-day filing requirement contains no prohibitory language, it is mandatory because it ensures the arresting officer's recollection of the incident is accurate and affords the arrested individual due process. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: April 9, 2024, Case #: SC20703, Categories: Civil Procedure, Licensing, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Ecker finds the trial court properly instructed the jury and denied defendant’s claim that he was deprived of his right to a fair trial under the due process clause due to conflicting statements by the prosecutor during cross-examination and rebuttal argument. The defendant fails to establish that the jury instruction was an injustice. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: April 5, 2024, Case #: SC20720, Categories: Robbery, Due Process, Jury Instructions
[Consolidated.] J. Dannehy finds the appellate court improperly upheld the trial court’s disposition of the claims in this breach of declaration and bylaws dispute against the condominium association. The condo owners argue that the association should have been responsible for the settling of the condos’ repairs. The appellate court is ordered to reverse the trial court’s judgements of the disposition for further proceedings. Affirmed in part. Reversed in part.
Court: Connecticut Supreme Court, Judge: Dannehy, Filed On: April 2, 2024, Case #: SC20759, Categories: Property
J. Robinson finds the overwhelming amount of evidence presented in defendant's trial on robbery and murder charges, including surveillance footage from the convenient store and testimony from a co-conspirator corroborated by independent witnesses, rendered any error regarding admission of cell phone data harmless, especially considering an unsent text message on the phone was mentioned only in passing by the prosecution. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: March 25, 2024, Case #: SC20575, Categories: Constitution, Miranda, Murder
J. D'Auria finds that under this court's precedent in State v. Arroyo, defendant cannot make a legal challenge to the inconsistent verdicts rendered by the jury in his trial on home invasion and burglary charges. Any such claim must be made before the trial court immediately upon the conclusion of the trial. Meanwhile, the trial court properly denied defendant's motion for a mistrial following a 25-day delay during jury deliberations after he was exposed to and contracted Covid-19. Although the delay increased the likelihood of jurors forgetting each side's arguments or rushing to a verdict, there was no other reasonable alternative during the pandemic. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: March 13, 2024, Case #: SC20688, Categories: Burglary, Criminal Procedure, Jury
J. Robinson finds the appeals court erroneously dismissed the husband's appeal of the trial court's decision for lack of jurisdiction. A trial court's denial of summary judgment on a claim of collateral estoppel is immediately appealable under Connecticut procedural law. Additionally, because the trial court reviews the daughter's tortious interference claim regarding her mother's will de novo through a trial, the preclusive effect of the probate court's decision regarding the claim is suspended, and the case must be remanded to that court for trial. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: March 6, 2024, Case #: SC20722, Categories: Civil Procedure, Family Law, Wills / Probate
J. Ecker finds the lower court's order granting the police officer's request for a bill of discovery does not become a final judgment until the parties agree on the scope of the discovery order related to IP addresses of internet commenters; therefore, this court lacks jurisdiction over the blog operator's appeal, which must be dismissed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: March 5, 2024, Case #: SC20699, Categories: Defamation, Jurisdiction, Discovery
J. Mullins finds the Freedom of Information Commission erroneously refused to apply the law enforcement exemption of Connecticut's public records law when the son of a murder victim requested various documents related to the police investigation into the murder. Although the case had been considered cold at the time of the request, testimony from investigating officers revealed there was enough evidence to develop a suspect and the officers periodically worked the case based on new leads. The commission failed to properly apply the correct standard when it weighed the evidence and ultimately granted the son's request and, therefore, the case will be remanded to allow for proper analysis as to whether law enforcement's investigation and potential prosecution will be prejudiced by the release of the documents. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: February 27, 2024, Case #: SC20656, Categories: Government, Public Record
J. McDonald finds the energy authority properly recalculated and reduced the operating cost recovered by the peak energy generation facility. The reduction was based on credible evidence the facility had misstated its debt-to-equity ratio and would recover excessive amounts from consumers if changes were not made. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: February 23, 2024, Case #: SC20716, Categories: Energy, Government, Consumer Law
J. Ecker finds the trial court erroneously determined the city was required to increase the retired firefighters' pension benefits after a retroactive wage increase. Although the firefighters were not retired on the retroactive application date, language in the union's pension and collective bargaining agreements was ambiguous as to whether such changes would apply to pension benefits. Only mandatory retirees are eligible for retroactive increases, according to the agreements, and so the forced retirees at issue in this case are necessarily excluded from the increase awarded by the arbitration panel. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: February 6, 2024, Case #: SC20803, Categories: Arbitration, Pensions, Labor / Unions
J. Lynch finds the trial court properly denied the state's motion to dismiss medical malpractice claims brought by the patient whose children either died or sustained permanent injuries following an artificial insemination procedure. Although a portion of the lawsuit included informed consent claims related to the cytomegalovirus-positive status of the sperm donor, these claims were linked to the medical malpractice claims and did not allow for the application of sovereign immunity. Meanwhile, the court properly calculated damages for the child with permanent injuries because they were proximately caused by the state's failure to follow an applicable standard of care and the state was in the best position to absorb the costs of providing treatment over the course of the victim's life. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: February 6, 2024, Case #: SC20646, Categories: Immunity, Damages, Medical Malpractice
J. Dannehy finds the trial court was not required to include the crimes defendant intended to commit when he broke into his brother's residence in its jury instruction on defendant's first-degree burglary charge. Although such a list is preferred, the instructions in this case accurately recited the elements of the burglary charge and made it clear the jury was required to find defendant intended to commit other crimes upon entry into the residence. Affirmed.
Court: Connecticut Supreme Court, Judge: Dannehy, Filed On: January 30, 2024, Case #: SC20721, Categories: Burglary, Jury Instructions
J. D'Auria finds the trial court properly denied the car buyer's request for additional damages following a jury verdict in her favor. The issue of whether she revoked her acceptance of the vehicle after mechanical problems was specifically decided by the jury and the damages they awarded covered that portion of her claim. Additionally, it was not inequitable for the court to decline the buyer's request because the jury's award of damages equal to the amount of payments made on the car loan, and not the full purchase price of the vehicle, restored the buyer to the same financial position as she was in at the outset of the contract. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: January 26, 2024, Case #: SC20774, Categories: Vehicle, Damages, Warranty
J. Mullins finds the lower court properly upheld the dismissal of the inmate's second habeas petition as untimely because the phrase "prior petition" in the statutory language refers only to habeas petitions filed in state court and, therefore, the inmate could not use the judgment in his federal habeas petition to extend his filing deadline. Meanwhile, the inmate's alleged lack of knowledge of the 2-year deadline imposed by the statutory language was insufficient to establish good cause for the filing delay, and his petition was, therefore, untimely. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: January 22, 2024, Case #: SC20576, Categories: Criminal Procedure, Habeas
J. Robinson finds that while the Danbury town clerk exceeded the scope of her authority when she determined only the second slate of Independent Party candidates for mayor in the November 2023 election should be placed on the ballot, the trial court's ultimate decision to place neither slate of candidates on the ballot was procedurally correct. The party did not functionally endorse a single set of candidates as required by state law. The first slate of candidates should have been approved by the clerk because an ad in the local newspaper satisfied statutory notice requirements, but the submission of a second set of certified candidates by the Independent Party effectively prevented it from endorsing a unified slate and required the trial court to remove both sets from the ballot. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: January 17, 2024, Case #: SC20907, Categories: Civil Procedure, Elections, Government
J. Alexander finds the lower court properly upheld the tax assessments on the company's vehicles. Although the vehicles are also taxed in Massachusetts - the state in which they are registered - the "double taxes" are the result of separate, non-discriminatory tax schemes that do not violate the Dormant Commerce Clause. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: December 13, 2023, Case #: SC20748, Categories: Commerce, Tax, Vehicle
J. Ecker finds the lower court erroneously dismissed the inmate's petition for a writ of habeas corpus as untimely. Although it was filed more than five years after the certification of his conviction, there is no evidence in the record the inmate's attorney advised him of any filing deadline or the need to refile the petition after his initial filing was voluntarily dismissed. Therefore, the case will be remanded to allow for proper analysis of the petition. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: December 7, 2023, Case #: SC20558, Categories: Criminal Procedure, Habeas
J. D'Auria finds defendant's due process rights were not violated by the trial court's decision to allow testimony from his daughter about prior sexual conduct that never resulted in a criminal indictment. The testimony was properly disclosed to defendant and his attorneys and was properly used as propensity evidence during his trial on sexual assault charges. Additionally, even though a large period of time had passed between the conduct involving his daughter and the current victims, defendant was incarcerated for a significant portion of that time, which allowed the court to admit the evidence, especially considering the similarities between the incidents. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: November 27, 2023, Case #: SC20740, Categories: Sex Offender, Due Process, Child Victims
J. Ecker finds the lower court erroneously dismissed the beneficiaries' fiduciary duty claims against the trustee. Although she was not the executor of the estate and could not exert influence over its assets, she retained a duty to protect the interests of the trust and file claims against the executor based on evidence of self-dealing. Additionally, even though there was no claim of self-dealing against the trustee, such an allegation is not required for a fiduciary duty claim such as this, when the trustee allegedly failed to diligently protect the interests of the beneficiaries. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: November 7, 2023, Case #: SC20676, Categories: Trusts, Wills / Probate, Fiduciary Duty
J. D'Auria finds the lower court properly refused to vacate a $57 million arbitration award in favor of an employer. The employee's decision to flee the U.S. and return to his native India after criminal charges were filed allowed for application of the fugitive disentitlement doctrine, especially considering the employee's own actions once he fled to India resulted in his inability to fully participate in the arbitration hearing. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: October 16, 2023, Case #: SC20677, Categories: Arbitration, Securities, Fiduciary Duty
J. Ecker finds the trial court properly ruled in favor of the home health care company on claims of tortious interference with a contract against its competitor. Statements made by the competitor's executive during litigation against a state agency regarding implementation of a new billing system were verifiably false and allowed the competitor to poach more than 80 clients when the home health care company's contract was terminated by the agency. Repeated statements from an executive that his company did not plan to implement the new billing system and would not poach clients also allowed the home health care company to prove damages in excess of $118,000 based on lost clients. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: October 6, 2023, Case #: SC20642, Categories: Fraud, Health Care, Interference With Contract
J. Robinson finds that while the female beneficiary of the estate technically violated the no-contest provisions of the will and trust when she filed a motion with the probate court for a hearing on alleged tax errors by the administrator, those provisions were against public policy and void because they conflicted with the beneficiary's right of appeal. Therefore, because the beneficiary acted in good faith when she challenged the administrator's errors, the probate court was not required to remove her as beneficiary. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 22, 2023, Case #: SC20701, Categories: Family Law, Wills / Probate
J. McDonald finds the appeals court properly determined the trial court lost jurisdiction over defendant's case when it dismissed the criminal charges against him and, therefore, it could not reinstate charges when the state brought forth new evidence the day after the dismissal. Although Connecticut law includes a four-month rule in civil cases that allows courts to retain jurisdiction after a notice of judgment, this rule does not apply to criminal matters. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: September 19, 2023, Case #: SC20702, Categories: Criminal Procedure, Jurisdiction
J. Seeley finds defendant's confrontation rights were not violated when the chief medical examiner, and not the individual who prepared the victim's autopsy report, testified at his trial about both the report and photos from the autopsy. Not only was the cause of death established by other evidence in the record, but defendant's strategy focused on his intoxication at the time of the shooting, not how the victim died. However, defendant's stipulation he had previously been convicted of a felony was insufficient to prove he lacked a license to possess the gun used in the shooting; therefore, that conviction will be vacated and the case will be remanded for resentencing. Affirmed in part.
Court: Connecticut Supreme Court, Judge: Seeley, Filed On: September 13, 2023, Case #: SC20452, Categories: Confrontation, Firearms, Manslaughter
J. Robinson finds the trial court properly allowed the victim's parents to testify about his disclosure of defendant's sexual assaults. The testimony was properly limited to the circumstances of the disclosure and corroborated the victim's own testimony, while defendant's attorney was also able to thoroughly cross-examine each of the parents. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 11, 2023, Case #: SC20683, Categories: Sex Offender, Child Victims