22 results for 'judge:"Elgo"'.
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: Evidence, Family Law, Fraud
J. Elgo finds that while the Connecticut Supreme Court's decision in a prior case changed the implications of due process claims regarding in-court identifications, the lower court properly dismissed the inmate's habeas claim for ineffective assistance because the prior ruling did not apply retroactively and, therefore, his attorney could not raise the issue on appeal. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 26, 2024, Case #: AC46059, Categories: Habeas, Due Process, Identification
J. Elgo finds the trial court improperly denied a motor’s motion for summary judgement in this underinsured motorist dispute regarding herself and two minor children. The mother alleges negligence and recklessness claims against a driver, the vehicle’s owner and the insurer. The tortfeasor’s liability coverage is identical to, not less than, the mother’s underinsured motorist coverage. This case is to be remanded for judgement in favor of the driver, owner and insurer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 5, 2024, Case #: AC45627, Categories: Insurance, Settlements, Vehicle
J. Elgo finds that the trial court properly granted a motion to remove evidence from consideration in a summary process action in which the plaintiff sought possession of a foreclosed property. In a separate case the trial court ruled that the defendant had engaged in a collateral attack on the foreclosure of the property and thus the inclusion of evidence connected to that case was procedurally irrelevant to the decision before the court. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 22, 2024, Case #: AC45702, Categories: Civil Procedure, Property, Foreclosure
J. Elgo finds that the trial court correctly dismissed a quite title action by a plaintiff who attempted to intervene in the foreclosure of a property based on a claim of ownership as an heir and through a quitclaim deed. After a failed attempt to reopen the foreclosure, plaintiff brought a quiet title action, which the trial court denied as an attempt to repeatedly litigate a prior ruling. Plaintiff had the opportunity to appeal the decision in her prior action but the approach through an additional action is procedurally incorrect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 22, 2024, Case #: AC45450, Categories: Civil Procedure, Property
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J. Elgo finds the lower court properly granted the school's motion for summary judgment on the preschool teaching assistant's wrongful termination claim. Although it is illegal under Connecticut law to fire a qualified medical marijuana user for drug use, the assistant did not inform the school of her status until after she reported to work high and was drug tested. Meanwhile, the assistant's disability discrimination claim was also properly dismissed because she acknowledged during an investigative interview with the school that its reaction to her drug use had nothing to do with her epilepsy, while the school also took multiple steps to accommodate her when she initially disclosed her disability. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 15, 2024, Case #: AC46091, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Elgo finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel claims. His attorneys' failure to file a motion to suppress his confession was based on the facts of the case that included a surviving victim and significant physical evidence that made such a motion highly speculative. Additionally, the attorneys conducted appropriate research into the inmate's mental health before they discarded the thought of a plea deal involving mental disease or defect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: February 8, 2024, Case #: AC45737, Categories: Habeas, Ineffective Assistance
J. Elgo finds the lower court properly granted the employer's motion for summary judgment on pregnancy discrimination claims. Not only was the employee's lawsuit filed outside the 180-day statute of limitations, but she also failed to provide evidence of an adverse employment action, given that no administrative position were available when she returned from maternity leave and she failed to apply for any other similar positions with other companies. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: January 19, 2024, Case #: AC46206, Categories: Civil Procedure, Employment Discrimination
J. Elgo finds the lower court properly granted the employer's motion to dismiss the former employee's discrimination complaint as untimely. She failed to file the lawsuit until six months after the Commission on Human Rights and Opportunities relinquished jurisdiction of the case, well past the 90-day limit imposed by state law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: November 17, 2023, Case #: AC45220, Categories: Civil Procedure, Employment Discrimination
J. Elgo finds the trial court properly granted the clients' motion for summary judgment on a special defense related to licensing on a contractor's claims. The contractor's failure to respond to the clients' request for documents within the required 30-day time frame to prove it was a licensed contractor allowed the trial court to infer it lacked the proper licenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: November 3, 2023, Case #: AC45606, Categories: Licensing, Contract
J. Elgo finds the lower court lacked jurisdiction to grant the EMT's motion to enforce an arbitration award against his employer. The employer's revocation of medical supervision, which prevented the EMT from being reinstated after the arbitrator's decision, was wholly separate from the EMT's employment status. The EMT's initial grievances with the union dealt only with his termination and he was required to file an additional grievance after the employer revoked his certification upon the arbitrator's reinstatement order. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: October 27, 2023, Case #: AC45498, Categories: Arbitration, Jurisdiction, Labor / Unions
J. Elgo dismisses this visitation agreement between parents and grandparents and dismisses the appointment of a therapist to facilitate visitations. The parents have failed to make an attempt to reunification with the child and have not met their burden of demonstrating prejudicial collateral will occur; it is concluded that the appeal is moot.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: October 20, 2023, Case #: AC45210, Categories: Family Law
J. Elgo finds the trial court properly denied the borrowers' motion to dismiss on the grounds the lender failed to comply with notice requirements. Although the borrowers made their argument before the original trial court in 2015, they failed to raise the issue on appeal and, therefore, it was abandoned. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 31, 2023, Case #: AC45109, Categories: Civil Procedure, Banking / Lending
J. Elgo finds the trial court properly denied the borrower's motion to inspect the mortgage note during the foreclosure trial. He not only had the opportunity to inspect it prior to trial, where it had been deemed authentic, but he also failed to retain an expert witness he claimed could have created a question of fact as to whether the note had been doctored. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 25, 2023, Case #: AC45036, Categories: Experts, Discovery, Banking / Lending
J. Elgo finds the lower court properly granted the board of education's motion to strike all allegations in the student's complaint on the grounds of governmental immunity. There was insufficient evidence in the record to indicate school officials should have known that leaving the student unsupervised for a short period of time would expose her to imminent harm at the hands of another student. Although the student was an identifiable victim, she and the student who assaulted her were released from a teacher's class at separate times before they ended up in another room unsupervised, which is insufficient to allow the application of the imminent harm exception to governmental immunity. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 18, 2023, Case #: AC45354, Categories: Education, Immunity, Negligence
J. Elgo finds that the disciplinary counsel's claim regarding a suspended attorney's ability to meet with clients while employed by a supervising attorney was mooted when the supervising attorneys terminated their relationships with the suspended attorney; therefore, the appeal of the disciplinary counsel must be dismissed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 4, 2023, Case #: AC44763, Categories: Civil Procedure, Attorney Discipline
J. Elgo finds the trial court properly held for a lender in a foreclosure case. The owner of the tax liens on the properties provided a legitimate chain of title before the trial court, which established ownership and a right to foreclose after the property owner failed to pay taxes for several years. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: July 28, 2023, Case #: AC45065, Categories: Real Estate, Tax, Banking / Lending
J. Elgo finds the trial court properly denied the property owner's renewed motion to open the judgment of foreclosure. It failed to provide evidence it had sufficient funds to substitute a cash bond for the judgment lien or was in the process of selling other pieces of real estate to come up with the funds, while the four-year litigation also weighed heavily against any further delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 15, 2023, Case #: AC45355, Categories: Civil Procedure, Property, Banking / Lending
[Consolidated.] J. Elgo finds the lower court properly terminated the mother's parental rights and granted permanent custody of her three children to family services because she failed to complete counseling services required under her case plan and was unable to care for the children. Furthermore, the lower court properly denied the grandmother's motion to transfer guardianship of the children to her because not only was she not a licensed foster caregiver, but she was also the subject of a restraining order filed by the mother and, therefore, could not provide adequate care to the children. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 14, 2023, Case #: AC45501, Categories: Evidence, Family Law
J. Elgo finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. She failed to obtain adequate housing or income to provide a safe home for the children, did not complete drug screenings required by her case plan, and failed to visit the children frequently enough to prove a significant bond. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 1, 2023, Case #: AC45929, Categories: Evidence, Family Law