SC20492 - Scholz v. Epstein (Litigation privilege; absolute immunity from statutory theft claim; "In this certified appeal, we are asked to determine the scope of the litigation privilege, which provides absolute immunity from liability, in relation to a lawyer's conduct in a foreclosure proceeding. The plaintiff, Stephen W. Scholz, appeals from the Appellate Court's judgment affirming the trial court's dismissal of the statutory theft claim he brought against the defendant, Juda J. Epstein, for lack of subject matter jurisdiction on the ground of absolute immunity. Epstein, an attorney licensed to practice law in Connecticut, represented Benchmark Municipal Tax Services, Ltd. (Benchmark), in the underlying foreclosure proceeding. The plaintiff claims that, under the circumstances of this case, the Appellate Court incorrectly concluded that the defendant enjoyed absolute immunity from the plaintiff's claim of statutory theft, specifically, by determining that (1) public policy considerations were served by affording the defendant this immunity, and (2) all of the defendant's alleged conduct occurred within the scope of the underlying foreclosure proceeding. We disagree and affirm the judgment of the Appellate Court.")

• Posted in:
• Foreclosure Law,
• Recent Opinions,
• Tort Law

SC20429 - State v. Bemer (Prostitution; Trafficking in persons; Whether evidence sufficient to show that defendant knew that prostitutes were victims of trafficking; Whether trial court properly instructed jury on coercion; "The defendant, Bruce John Bemer, appeals from his conviction of four counts of the crime of patronizing a prostitute in violation of General Statutes (Rev. to 2015) § 53a-83 (c), and of one count of the crime of trafficking in persons as an accessory in violation of General Statutes (Supp. 2016) § 53a-192a and General Statutes § 53a-8. On appeal, the defendant claims, inter alia, that the state presented insufficient evidence to convict him of any of the charged counts. We agree and reverse the judgment of the trial court")

• Posted in:
• Criminal Law & Procedure,
• Recent Opinions

Please note: Starting August 4th Bridgeport Law Library is closed until further notice.

Wednesday, September 29th

• Putnam Law Library is closed.
• Torrington Law Library opens at 1:00 p.m.

Friday, October 1st

• Danbury Law Library is closed.
• Putnam Law Library is closed from 2:15 p.m. - 3:30 p.m.

See our regularly scheduled hours.

• Posted in:
• Library Notices

SC20464 - Not Another Power Plant v. Connecticut Siting Council (Administrative Appeal; The plaintiff is a nonprofit association organized for the purpose of conserving the environment and ensuring the thoughtful development of the town of Killingly. The defendant NTE Connecticut, LLC (NTE), is seeking to build an electric generating facility in Killingly; "The principal issue in this appeal is whether the named defendant, the Connecticut Siting Council (council), properly refused to consider the environmental impact of installing a gas pipeline to a proposed electric generating facility when weighing the public benefit of the facility against its probable environmental impact pursuant to the Public Utility Environmental Standards Act (act), General Statutes § 16-50g et seq. The defendant NTE Connecticut, LLC (NTE), submitted an application to the council seeking a certificate of environmental compatibility and public need for the construction of an electric generating facility (facility) in the town of Killingly (town) pursuant to the act. Thereafter, the plaintiff, Not Another Power Plant, a nonprofit association formed to promote environmental conservation in the town, intervened in the proceeding pursuant to General Statutes § 22a-19 (a) (1). After conducting hearings, the council issued a decision approving NTE's application. The plaintiff then appealed from the council's decision to the trial court, claiming that, when weighing the public benefit of the facility against the harm that it would cause to the environment, the council improperly had failed to consider the environmental impact of a gas pipeline that would have to be installed in the future to provide fuel to the facility. The trial court concluded that the council was not required to consider the impact of the gas pipeline and rendered judgment dismissing the plaintiff's administrative appeal. On appeal to this court, the plaintiff claims that the council's refusal to consider the environmental impact of the future gas pipeline was arbitrary and capricious. In response, the defendants disagree and also challenge the plaintiff's standing to bring this administrative appeal. Although we conclude that the plaintiff had standing, we also conclude that the trial court properly dismissed the plaintiff's administrative appeal. Accordingly, we affirm the judgment of the trial court.")

• SC20464 Concurrence - Not Another Power Plant v. Connecticut Siting Council
• SC20464 Concurrence & Dissent - Not Another Power Plant v. Connecticut Siting Council

• Posted in:
• Administrative Appeal Law,
• Environmental Law,
• Recent Opinions

The Connecticut Law Journal, Volume LXXXIII, No. 13, for September 28, 2021 is now available.

Contained in the issue is the following:

• Table of Contents
• Volume 338: Connecticut Reports (Pages 310 - 407)
• Volume 338: Orders (Pages 901 - 906)
• Volume 338: Cumulative Table of Cases Connecticut Reports
• Volume 207: Connecticut Appellate Reports (Pages 707 - 885)
• Volume 207: Memorandum Decisions (Pages 901 - 905)
• Volume 207: Cumulative Table of Cases Connecticut Appellate Reports
• Volume 208: Connecticut Appellate Reports (Pages 1 - 74)
• Volume 208: Cumulative Table of Cases Connecticut Appellate Reports
• Miscellaneous Notices
• Connecticut Practice Book Amendments
• Notices of Connecticut State Agencies

• Posted in:
• Connecticut Law Journal,
• Recent Opinions

This Connecticut General Assembly web page lists new laws, effective October 1, 2021. In addition, the page states that "New Legislation Effective Dates are typically January 1, July 1, and October 1 and are included in these lists. Laws may also be effective from passage or based on other criteria or dates. For atypical scenarios, you may use our Advanced Document Search."

As previously posted, the Office of Legislative Research (OLR) makes available its Major Public Acts report for the 2021 legislative session as well.

• Posted in:
• FYI,
• Legal Research,
• New Legislation

AC43115 - State v. Fields (Operating motor vehicle while under influence of intoxicating liquor or drugs; operating motor vehicle while having elevated blood alcohol content; "The defendant, Joseph Fields, appeals from the judgment of conviction, rendered after a jury trial, of operating a motor vehicle while under the influence of intoxicating liquor or drugs and operating a motor vehicle while having an elevated blood alcohol content in violation of General Statutes § 14-227a (a) (1) and (2), respectively. The defendant claims that the trial court improperly declined to suppress evidence of his performance of a field sobriety test and evidence of his blood alcohol content, the latter of which was obtained pursuant to a search warrant application, because that evidence was the tainted fruit of his unlawful detention by the police. We disagree and, accordingly, affirm the judgment of the trial court.")

AC43097 - State v. Luna (Misconduct with motor vehicle; assault in third degree; "The defendant, Jasmin I. Luna, appeals from the judgment of conviction, rendered after a jury trial, of misconduct with a motor vehicle in violation of General Statutes § 53a-57 and assault in the third degree in violation of General Statutes § 53a-61 (a) (3) in connection with a motor vehicle accident in which the defendant's vehicle collided with a motorcycle. On appeal, the defendant claims that (1) the evidence adduced at trial was insufficient to support her conviction, (2) the trial court abused its discretion and violated her sixth amendment right to present a defense by improperly precluding her from introducing into evidence portions of the medical records of the operator of the motorcycle, Kevin Tardiff, (3) the court erred in admitting into evidence Tardiff's death certificate and, in doing so, violated her sixth amendment right to confrontation because the document contained testimonial hearsay, and (4) the court violated her sixth amendment right to conflict free representation when it failed to inquire into the actual conflict of interest created by defense counsel when he provided the state with evidence harmful to the defendant. We are unpersuaded by each of the defendant's claims and affirm the judgment of the trial court.")

• Posted in:
• Criminal Law & Procedure,
• Recent Opinions

AC44098 - Medical Device Solutions, LLC v. Aferzon (Breach of Contract; CUTPA; "The defendants claim that the trial court improperly concluded (1) that the parties entered into a definite and enforceable contract to make the subject payments in exchange for the plaintiff's work, (2) that payments received by the defendants for the sale and/or licensing of an anterior spinal fusion device known as the Solus, which was based on a design patented by the individual defendant after his alleged contract with the plaintiff had been entered into, were covered by the contract, (3) that all statutes of limitations applicable to the plaintiff's claims for relief in this case were tolled under the fraudulent concealment doctrine and/or the continuing course of conduct doctrine, and (4) that the plaintiff was entitled to recover attorney's fees from the defendants under CUTPA based upon the defendants' bad faith breaches of the parties' alleged contract. The plaintiff cross appeals from the trial court's judgment awarding it offer of compromise interest on its judgment against the defendants, arguing that the court improperly calculated the amount of such interest to which it was entitled. On the defendants' appeal, we affirm in part and reverse in part the judgment of the trial court. On the plaintiff's cross appeal, we reverse the judgment of the trial court and remand the case for further proceedings with instructions to recalculate the amount of offer of compromise interest to which the plaintiff is entitled in accordance with this opinion.")

• Posted in:
• Business Law,
• Contract Law,
• Recent Opinions

AC42452 - Anketell v. Kulldorff ("The defendant, Martin Kulldorff, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Beth E. Anketell. On appeal, the defendant claims that the trial court (1) erred by failing to identify the presumptive child support obligation under the child support guidelines, as set forth in § 46b-215a-1 et seq. of the Regulations of Connecticut State Agencies (guidelines), before entering a support order based on a deviation, (2) erred in calculating the parties' incomes, (3) erred in awarding the plaintiff a lump sum property settlement, (4) abused its discretion in awarding appellate attorney's fees to the plaintiff, and (5) abused its discretion in entering its custodial orders. We affirm the judgment of the court.")

AC43391 - McNamara v. McNamara ("In this postdissolution matter, the defendant, Kristine McNamara, appeals from the judgment of the trial court granting her attorney's motion to withdraw his appearance, denying her motion for a continuance, and granting the motion of the plaintiff, James M. McNamara, for modification of certain custody orders. On appeal, the defendant claims that the court (1) abused its discretion in granting her attorney's motion to withdraw, (2) violated her right to procedural due process in denying her motion for a continuance, (3) abused its discretion in denying her motion for a continuance, and (4) abused its discretion in awarding the plaintiff final decision-making authority on issues concerning the health, treatment, and therapeutic providers of the parties' children. We affirm the judgment of the trial court.")

• AC43391 Dissent - McNamara v. McNamara

AC43482 - Tannenbaum v. Tannenbaum ("The plaintiff, Leonard Tannenbaum, appeals from the judgment of the trial court denying the motion for contempt filed by the defendant, Stacey Tannenbaum. On appeal, the plaintiff claims that the court improperly modified the existing travel related child custody order by requiring the plaintiff to accompany his minor child on any airline travel, except in the case of an emergency. Specifically, the plaintiff argues that (1) the court's order denying the defendant's motion for contempt constituted a modification because the existing travel related child custody order permitted the child's nanny or driver to accompany the child on air travel in lieu of the plaintiff not only in emergency circumstances, but also when the plaintiff had a health, work, or other family commitment, and (2) the alleged modification was improper because the court did not make findings that a substantial or material change had occurred, that the existing order was no longer in the child's best interests, or that the modification was in the child's best interests. We disagree that the court's order constituted a modification and, therefore, affirm the judgment of the trial court.")

• AC43482 Dissent - Tannenbaum v. Tannenbaum

• Posted in:
• Family Law,
• Recent Opinions

AC42834 - Ulanoff v. Becker Salon, LLC ("The plaintiff, Andrea Ulanoff, who alleges she was injured when she walked into a set of glass doors, appeals from the judgment of the trial court, rendered following a jury trial, in favor of the defendants, Becker Salon, LLC (salon), and Becker Chicaiza. On appeal, the plaintiff claims that the court erred when it precluded her from (1) introducing into evidence a photograph of the entrance to the salon, showing see-through glass doors with no lettering or handles, that was on the salon's website, and (2) questioning her witness, Vanessa Savio, about the appearance of the glass doors on a date previous to the date of the plaintiff's accident. She further claims that the cumulative effect of the court's erroneous rulings was harmful and likely affected the outcome of the trial. We agree with the plaintiff's claims and, accordingly, reverse the judgment of the trial court.")

• Posted in:
• Recent Opinions,
• Tort Law

AC43262 - JPMorgan Chase Bank, National Assn. v. Malick ("The defendant Abu Hashem Malick appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, JPMorgan Chase Bank, National Association. On appeal, Malick claims that the court erred as a matter of law when, despite his objections to some of the calculations set forth in the plaintiff's affidavit of debt, it accepted the affidavit and relied on it to establish the amount of the defendant's indebtedness. Because we are bound by our Supreme Court's decision in Burritt Mutual Savings Bank of New Britain v. Tucker, 183 Conn. 369, 374–75, 439 A.2d 396 (1981), we reverse the judgment of the trial court.")

• Posted in:
• Foreclosure Law,
• Recent Opinions

A new research guide on Withdrawal of Pleas in Connecticut has been added to our research guides web page. The new guide has sections on the timing to withdraw a plea and the grounds to withdraw a plea after acceptance.

• Posted in:
• Criminal Law & Procedure,
• FYI,
• Legal Research,
• Self-Help

SC20473 - Meribear Productions, Inc. v. Frank ("This appeal arises out of a dispute between the plaintiff, Meribear Productions, Inc., doing business as Meridith Baer and Associates, and the defendants, Joan E. Frank and George A. Frank, in connection with a contract for the design, decoration, and staging for sale of the defendants' residence at 3 Cooper Lane in Westport. After the plaintiff staged the defendants' home by installing rental furniture, antiques, art, and home décor for the purpose of enhancing its appearance and, thereby, its prospects for sale, the defendants defaulted on their contractual payment obligations to the plaintiff. The plaintiff, a California company, obtained a default judgment against the defendants in its home state and thereafter filed an action in the Superior Court in Connecticut seeking to enforce the California judgment or, alternatively, to recover under the theories of breach of contract or quantum meruit. The trial court rendered judgment in favor of the plaintiff against George Frank on the count seeking to enforce the California judgment and in favor of the plaintiff against Joan Frank on the breach of contract count. On appeal, the defendants claim that (1) the California judgment is unenforceable for lack of personal jurisdiction, (2) the contract is unenforceable under the Home Solicitation Sales Act (HSSA), General Statutes § 42-134a et seq., and (3) the amount of damages awarded by the trial court was improper. We affirm the judgment of the trial court.")

• SC20473 Dissent - Meribear Productions, Inc. v. Frank

• Posted in:
• Business Law,
• Contract Law,
• Recent Opinions

The Judicial Branch has announced a number of upcoming changes to the handling of Resolution Plan Dates and other matters in Family Court, with some of these changes planned for October, 2021, where possible:

Beginning in October, 2021, but subject to change depending upon developments in COVID-19 pandemic conditions, Family Court will begin to conduct in person certain proceedings which have to this point been conducted primarily by remote video. The precise date of commencement of these changes may vary from district to district. APPLICABLE COVID-19 SAFETY PROTOCOLS WILL BE OBSERVED, INCLUDING THE REQUIREMENT THAT ALL PERSONS ENTERING THE COURTHOUSES WEAR MASKS.

Please see the Upcoming Developments in Family Court announcement for more information on the above and other matters.

• Posted in:
• Family Law,
• FYI,
• Self-Help

The Connecticut Law Journal, Volume LXXXIII, No. 12, for September 21, 2021 is now available.

Contained in the issue is the following:

• Table of Contents
• Volume 338: Connecticut Reports (Pages 154 - 310)
• Volume 338: Cumulative Table of Cases Connecticut Reports
• Volume 207: Connecticut Appellate Reports (Pages 551 - 707)
• Volume 207: Memorandum Decisions (Pages 901 - 901)
• Volume 207: Cumulative Table of Cases Connecticut Appellate Reports
• Miscellaneous Notices
• Notices of Connecticut State Agencies

• Posted in:
• Connecticut Law Journal,
• Recent Opinions

Please note: Starting August 4th Bridgeport Law Library is closed until further notice.

Wednesday, September 22nd

• New Britain Law Library closes at 4:00 p.m.
• Torrington Law Library opens at 1:00 p.m.

Thursday, September 23rd

• New Britain Law Library closes at 4:00 p.m.

Friday, September 24th

• Putnam Law Library is closed from 1:00 p.m. - 3:00 p.m.
• Torrington Law Library closes at 1:00 p.m.

See our regularly scheduled hours.

• Posted in:
• Library Notices

The 2021 edition of Frivolous Lawsuits has been posted to our research guides webpage.

• Posted in:
• FYI,
• Legal Research,
• Self-Help

AC43285 - NRT New England, LLC v. Longo ("The defendants Salvatore R. Longo, Anthony Longo, Salvatore Longo & Sons, LLC, and the estate of Salvatore Longo, Jr., appeal from the judgment of the trial court, rendered following a trial to the court, in favor of the plaintiff, NRT New England, LLC, doing business as Coldwell Banker Residential Brokerage, relating to the sale of commercial property owned by the defendants. On appeal, the defendants claim that the court erred in (1) concluding that the plaintiff had standing to bring an action for a real estate commission, (2) finding that the defendants breached the operative exclusive right to sell listing agreement, and (3) concluding that the defendants had violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq. Although we disagree with the defendants' standing claim, we agree with their second and third claims. Accordingly, we reverse the judgment of the trial court.")

AC43158 - Onofrio v. Mineri ("In this new home construction dispute, the defendants Joseph Mineri (Mineri) and Timberwood Homes, LLC (Timberwood), appeal from the judgment of the trial court, rendered after a bench trial, in favor of the plaintiffs, Daniel Onofrio and Elsie Onofrio, against (1) Mineri and Timberwood on the plaintiffs' claim pursuant to the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., and (2) Timberwood on the plaintiffs' claim pursuant to the New Home Warranties Act (warranties act), General Statutes § 47-116 et seq. We affirm in part and reverse in part the judgment of the trial court.")

AC42244 - United Concrete Products, Inc. v. NJR Construction, LLC ("This appeal arises out of the delayed construction of a bridge over the Hockanum River on Route 74 in Vernon. The plaintiff subcontractor, United Concrete Products, Inc., appeals from the judgment of the trial court, rendered as to certain claims in favor of the defendants, NJR Construction, LLC (NJR), as general contractor, and Aegis Security Insurance Company (Aegis), as surety. On appeal, the plaintiff claims that the trial court improperly: (1) calculated its award of damages to NJR on the breach of contract count of NJR's counterclaim; (2) concluded that NJR did not fail to mitigate its damages; (3) failed to render judgment against Aegis on the plaintiff's payment bond claim and award interest and attorney's fees pursuant to General Statutes § 49-42; (4) failed to render judgment against NJR on the plaintiff's claim for interest and attorney's fees pursuant to General Statutes § 49-41a; (5) concluded that the plaintiff's conduct violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq.; and (6) awarded attorney's fees to NJR pursuant to the parties' purchase order agreement. Addressing these various contentions, we agree with the plaintiff's third claim and reverse the judgment of the trial court only with respect to count three of the complaint. We affirm the judgment in all other respects.")

• Posted in:
• Business Law,
• Contract Law,
• Recent Opinions

AC43069 - State v. Yury G. ("The defendant, Yury G., appeals from the judgment of conviction, rendered following a jury trial, of disorderly conduct in violation of General Statutes § 53a-182 (a) (1). On appeal, the defendant claims: (1) the trial court incorrectly determined that the defendant's request to charge the jury on the 'lesser included offense' of creating a public disturbance, an infraction, failed to meet the test articulated in State v. Whistnant, 179 Conn. 576, 588, 427 A.2d 414 (1980); (2) the statutory scheme that gives the prosecutor complete discretion in choosing whether to charge the defendant with an infraction or with a misdemeanor that contains identical elements to the infraction violates her state and federal constitutional right to due process of law and to equal protection under the law; (3) the statutory scheme that gives the prosecutor complete discretion in choosing whether to charge the defendant with an infraction or with a misdemeanor that contains identical elements to the infraction violates the separation of powers provision of the Connecticut constitution; and (4) the court abused its discretion when it instructed the jury that it could consider the affidavit of the defendant's husband (H) only for impeachment purposes despite having admitted the affidavit as a full exhibit. We affirm the judgment of the trial court.")

• Posted in:
• Criminal Law & Procedure,
• Recent Opinions

AC43382 - Kloiber v. Jellen ("In this property dispute among neighbors, the self-represented plaintiffs, Alfred J. Kloiber and Melanie McNichol, appeal from the judgment of the trial court in favor of the defendants, Chris Jellen and Linda Jellen. On appeal, the plaintiffs raise a variety of issues related to the court's disposition of their trespass, private nuisance, negligence, and statutory negligence claims. Following supplemental briefing by the parties on the issue of standing, we conclude that the plaintiffs lacked the requisite standing to maintain this action. Accordingly, we reverse the judgment of the trial court and remand the case with direction to render a judgment of dismissal.")

• Posted in:
• Property Law,
• Recent Opinions,
• Tort Law