Wednesday, October 16th

• Posted in:
• Library Notices

The Connecticut Law Journal, Volume LXXXI, No. 16, for October 15, 2019 is now available.

Contained in the issue is the following:

• Table of Contents
• Volume 333: Connecticut Reports (Pages 378 - 501)
• Volume 333: Orders (Pages 914 - 922)
• Volume 333: Cumulative Table of Cases Connecticut Reports
• Volume 193: Connecticut Appellate Reports (Pages 507 - 607)
• Volume 193: Cumulative Table of Cases Connecticut Appellate Reports
• Supreme Court Pending Cases

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

SC20204- Bowens v. Commissioner of Correction (Second petition for habeas; 1998 murder conviction; “On appeal, the petitioner claims, among other things, that the habeas court incorrectly concluded that (1) he did not establish by clear and convincing evidence that he is actually innocent of the murder, (2) the identification procedures employed in his criminal case did not violate his due process rights, (3) his first habeas counsel did not provide ineffective assistance of counsel, and (4) his cruel and unusual punishment claims were barred by the doctrine of res judicata. We affirm the judgment of the habeas”).

• SC20204 Concurrence and Dissent

• Posted in:
• Habeas Corpus Law,
• Recent Opinions

Connecticut Judicial Branch, Law Library Services Unit, is currently conducting an online user survey seeking information to assist us in planning for the future. The Judicial Branch Law Librarians would like to hear from you. If possible, please participate by completing the survey. The survey will be available through October 31, 2019.

Thank you for your consideration of this request. Your input is important.

• Posted in:
• Library Notices

AC40839 - Jezouit v. Malloy ("The plaintiff, Lawrence S. Jezouit, appeals from the judgment of the trial court dismissing his complaint on the basis of sovereign immunity. The plaintiff argues that the court improperly dismissed his complaint because (1) he brought his claim pursuant to General Statutes § 52-570d, which he contends waives sovereign immunity by force of necessary implication, and (2) he seeks declaratory and injunctive relief in accordance with a recognized exception to sovereign immunity. We disagree and, thus, affirm the judgment of the trial court.")

• Posted in:
• Recent Opinions,
• Tort Law

AC40415 - Weston Street Hartford, LLC v. Zebra Realty, LLC (Easements; temporary and permanent injunction; "The present case arises from a dispute between the plaintiff, Weston Street Hartford, LLC, and the defendant, Zebra Realty, LLC, concerning a right-of-way easement held by the plaintiff that runs over property owned by the defendant. The defendant has appealed and the plaintiff has cross appealed from the judgment rendered, after a court trial, on the plaintiff's complaint and the defendant's counterclaim. On appeal, the defendant claims that the trial court, in rendering judgment in favor of the plaintiff on counts one and two of the counterclaim, incorrectly determined that Alligood v. LaSaracina, 122 Conn. App. 473, 999 A.2d 836 (2010), applies to the present case and prohibits any landowner from relocating an easement without the consent of the easement holder. In the alternative, the defendant contends that the Restatement (Third), Property, Servitudes § 4.8 (3) (c), is a more logical extension of Connecticut easement law than the rule adopted by this court in Alligood. On cross appeal, the plaintiff claims that, upon finding that the defendant's use of the servient estate interfered with the plaintiff's intended use of the easement, the court should have rendered judgment in its favor on its complaint and granted its request for an injunction prohibiting interference by the defendant. We disagree with both parties' claims and, accordingly, affirm the judgment of the trial court.")

• Posted in:
• Property Law,
• Recent Opinions

AC41366, AC41365 - Kelly v. Kurtz ("In this case arising from the buyout of an oral surgery practice, the plaintiff, Dorrance T. Kelly, DDS, and the defendants, Marshall D. Kurtz, DMD, Marshall D. Kurtz, DMD, PC, and Danbury Oral and Maxillofacial Surgery Associates, LLC (DOMSA), appeal from the judgment of the trial court rendered, following a jury trial, in favor of the plaintiff, in the amount of $2,150,000.To establish the terms of the buyout, the parties executed three documents: a purchase and sale agreement, an operating agreement, and a supplementary agreement. On appeal, the defendants claim, in AC 41366, that the trial court erred in denying their motion to set aside the jury's verdict on the plaintiff's claims of breach of the supplementary agreement and breach of the implied covenant of good faith and fair dealing in the supplementary agreement on the grounds that (1) the evidence presented at trial was insufficient to sustain the jury's finding of breach of the supplementary agreement, and (2) the jury's awards of damages on the plaintiff's claims of breach of the supplementary agreement and breach of the implied covenant of good faith and fair dealing in the supplementary agreement were inconsistent. The plaintiff claims, in AC 41365, that the trial court erred in (1) granting the defendants' motion to set aside the jury's verdict on his claims of invasion of privacy by misappropriation of his name, tortious interference with his business expectancies, violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statues § 42-110a et seq., and unjust enrichment; and (2) dismissing his claim of breach of the operating agreement and breach of the implied covenant of good faith and fair dealing in the operating agreement on the ground that he lacked standing to bring those claims. We affirm the judgment of the trial court.")

AC42602 - Meribear Productions, Inc. v. Frank ("The plaintiff, Meribear Productions, Inc., filed a motion to dismiss the appeal of the defendants, Joan Frank and George Frank. The plaintiff argued that the defendants' joint appeal was untimely and, thus, subject to dismissal. See Practice Book §§ 63-1 and 66-8. In response, the defendants filed a motion for permission to file a late appeal. The defendants argued that permission to file a late appeal was warranted because they would suffer a loss of their appellate rights if the appeal was not allowed. We agreed with the defendants and, therefore, granted nunc pro tunc the defendants' motion to file a late appeal, and denied the plaintiff's motion to dismiss the appeal as untimely, indicating in our order that an opinion would follow. We write to explain our reasons for permitting this late appeal.")

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

AC40882 - State v. Crewe (Possession of narcotic substance; "The defendant, Jeffrey Orlando Crewe, appeals from the judgment of conviction, rendered after a jury trial, of possession of a narcotic substance in violation of General Statutes § 21a-279 (a). The defendant's sole claim on appeal is that the evidence presented at trial was insufficient to support his conviction. We affirm the judgment of the trial court.")

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

The Office of Legislative Research has recently published the following reports:

OLR Backgrounder: Veterans' Property Tax Exemptions - 2019-R-0178 - Provides an overview of Connecticut’s veterans’ property tax exemptions.

State Laws on Retail CBD Sales - 2019-R-0186 - In Connecticut, are retail CBD sales legal (as opposed to sales through the medical marijuana program)? In states that have not legalized recreational marijuana, is the retail sale of CBD legal?

Shock Therapy Law and Court Rules - 2019-R-0203 - Provides a summary of Connecticut law and probate court rules on informed consent for shock therapy.

Connecticut's Equal Pay and Pay Equity Laws - 2019-R-0214 - This report describes Connecticut’s equal pay and pay equity laws.

State Regulation of Stop Loss Insurance - 2019-R-0193 - Explains (1) how states regulate stop-loss insurance and (2) possible preemption issues under the federal Employee Retirement Income Security Act (ERISA).

Breastfeeding in the Workplace Laws - 2019-R-0206 - This report describes laws on breastfeeding in the workplace in Connecticut and certain other states.

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

Monday, October 7th

• Danbury Law Library is open until 1:00 p.m.
• Waterbury Law Library is closed from 1:00 p.m. - 2:15 p.m.

Friday, October 11th

• Posted in:
• Library Notices

The Connecticut Law Journal, Volume LXXXI, No. 15, for October 8, 2019 is now available.

Contained in the issue is the following:

• Table of Contents
• Volume 333: Connecticut Reports (Pages 297 - 377)
• Volume 333: Orders (Pages 912 - 914)
• Volume 333: Cumulative Table of Cases Connecticut Reports
• Volume 193: Connecticut Appellate Reports (Pages 381 - 507)
• Volume 193: Memorandum Decisions (Pages 902 - 903)
• Volume 193: Cumulative Table of Cases Connecticut Appellate Reports
• Miscellaneous Notices
• Supreme Court Pending Cases

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

AC41964 - Klein v. Quinnipiac University ("In this premises liability action, the plaintiff, Daniel Klein, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendant, Quinnipiac University. On appeal, the plaintiff claims that the trial court erred by (1) permitting a witness to testify about the estimated speed of the plaintiff's bicycle at the time of his collision, and (2) refusing to give a jury instruction on the definition of, and the duty owed to, a licensee. For the reasons discussed herein, we affirm the judgment of the trial court.")

• Dissent.

• Posted in:
• Recent Opinions,
• Tort Law

SC20000, SC20001, SC20003 - R.T. Vanderbilt Co., Inc. v. Hartford Accident & Indemnity Co. ("These certified appeals, which present us with several significant questions of insurance law, arise from coverage disputes between the plaintiff, R.T. Vanderbilt Company, Inc. (Vanderbilt), and the defendants, who are numerous insurance companies (insurer defendants) that issued primary and secondary comprehensive general liability insurance policies to Vanderbilt between 1948 and 2008, stemming from thousands of underlying lawsuits alleging injuries from exposure to industrial talc containing asbestos that Vanderbilt mined and sold. Vanderbilt and the insurer defendants appeal, upon our granting of their petitions for certification, from the judgment of the Appellate Court affirming in part and reversing in part numerous interlocutory decisions made by the trial court in connection with the first and second phases of a complex trial between the parties. R.T. Vanderbilt Co. v. Hartford Accident & Indemnity Co., 171 Conn. App. 61, 75–76, 156 A.3d 539 (2017). On appeal, the insurer defendants claim that the Appellate Court improperly (1) upheld the trial court's adoption of a 'continuous trigger' theory of coverage for asbestos related disease claims as a matter of law and the trial court's related preclusion of expert testimony on current medical science regarding the actual timing of bodily injury from such disease, (2) upheld the trial court's adoption of an 'unavailability of insurance' exception to the 'time on the risk' rule of contract law, which provides for pro rata allocation of defense costs and indemnity for asbestos related disease claims, and (3) interpreted pollution exclusion clauses in certain insurance policies as applicable only to claims arising from 'traditional' environmental pollution, rather than to those arising from asbestos exposure in indoor working environments. In its appeal, Vanderbilt claims that the Appellate Court improperly construed occupational disease exclusions present in certain policies as not limited to claims brought by Vanderbilt's own employees. Because we conclude that the Appellate Court's comprehensive opinion properly resolved these significant issues, we affirm the judgment of the Appellate Court.")

• Posted in:
• Declaratory Judgment Law,
• Insurance Law,
• Recent Opinions

AC39388 - Alpha Beta Capital Partners, L.P. v. Pursuit Investment Management, LLC ("This appeal arises out of a dispute between the plaintiff, Alpha Beta Capital Partners, L.P., and the defendants Pursuit Opportunity Fund I, L.P. (POF), Pursuit Opportunity Fund I Master Ltd. (POF Master), Pursuit Capital Management Fund I, L.P. (PCM), Pursuit Capital Master (Cayman) Ltd. (PCM Master), Pursuit Partners, LLC (Pursuit Partners), Pursuit Investment Management, LLC (PIM), Northeast Capital Management, LLC (Northeast), Anthony Schepis, and Frank Canelas, Jr. The central issue of this appeal is the defendants' claim that the court improperly interpreted the agreements between the parties to hold that certain defendants were liable for their failure to distribute to the plaintiff its share of a substantial contingent asset in which it had an interest.

The defendants appeal, and the plaintiff cross appeals, from the judgment of the trial court, rendered after a bench trial, partially in favor of the plaintiff as to certain defendants on its complaint and in favor of the plaintiff on the defendants' counterclaim. The defendants also appeal from the orders of the trial court granting the plaintiff's postjudgment motion to increase the amount of a previously secured prejudgment remedy, and granting the plaintiff's motion for discovery to secure the additional prejudgment remedy attachment.

Addressing the parties' various contentions, we conclude that (1) the court properly interpreted the agreements between the parties in concluding that the plaintiff prevailed on its breach of contract claim, (2) the court properly rejected the defendants' breach of contract counterclaim, (3) the court properly concluded that the plaintiff prevailed on its breach of the implied covenant of good faith and fair dealing claim, (4) the court properly concluded that the plaintiff could not prevail on its conversion claim, (5) the court properly struck the plaintiff's Connecticut statutory causes of action, (6) the court improperly concluded that all of the defendants who had signed the settlement agreement were liable for breach of contract and for breach of the implied covenant of good faith and fair dealing, (7) the court properly determined the amount of damages awarded to the plaintiff, (8) the court properly granted the plaintiff's motion to increase the amount of the prejudgment remedy, and (9) the defendants' claim that the court improperly granted the plaintiff's motion for postjudgment discovery was not properly preserved, and, thus, we decline to review it. Accordingly, we affirm in part and reverse in part the judgment of the trial court.")

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

AC41509 - State v. Palumbo (Sexual assault in first degree; sexual assault in fourth degree; risk of injury to child; ". The defendant, Jeffrey Todd Palumbo, appeals from the judgments of conviction, rendered following a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (1) (A), and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). On appeal, the defendant claims, pursuant to Doyle v. Ohio, 426 U.S. 610, 619, 96 S. Ct. 2240, 49 L. Ed. 2d 91 (1976), that the state (1) violated his constitutional right to remain silent by introducing evidence of his post-Miranda silence and (2) engaged in prosecutorial impropriety by attempting to elicit evidence of his post-Miranda silence. We affirm the judgments of the trial court.")

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

Connecticut Judicial Branch, Law Library Services Unit, is currently conducting an online user survey seeking information to assist us in planning for the future. The Judicial Branch Law Librarians would like to hear from you. If possible, please participate by completing the survey. The survey will be available through October 31, 2019.

Thank you for your consideration of this request. Your input is important.

• Posted in:
• Library Notices

The Connecticut Law Journal, Volume LXXXI, No. 14, for October 1, 2019 is now available.

Contained in the issue is the following:

• Table of Contents
• Volume 333: Connecticut Reports (Pages 283 - 296)
• Volume 333: Orders (Pages 906 - 912)
• Volume 333: Cumulative Table of Cases Connecticut Reports
• Volume 193: Connecticut Appellate Reports (Pages 137 - 380)
• Volume 193: Cumulative Table of Cases Connecticut Appellate Reports
• Miscellaneous Notices
• Notices of Connecticut State Agencies

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

The Connecticut General Assembly has posted a list of new legislation that is effective on October 1, 2019. Each entry includes links to the full text of the public act, the plain English summary from the Office of Legislative Research, and the bill status page.

In addition, you can view current legislation effective from passage. The Connecticut General Assembly also provides an archive of legislation by effective date going back to October 2007.

• Posted in:
• FYI,
• New Legislation

SC20151 - In re Taijha H.-B. (Termination of Parental Rights; Practice Book § 79a-3; appointed attorney declined to pursue an appeal; “The principal issue presented by this certified appeal is whether an appellate review attorney appointed to represent an indigent parent in an appeal from the termination of his or her parental rights must follow the procedure set forth in Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), before being permitted to withdraw from representation on the ground that he or she is unable to identify any nonfrivolous basis for appeal. We hold that when, as in the present case, the circumstances are such that the indigent parent has a constitutional right to appellate counsel, counsel may not be permitted to withdraw without, first, demonstrating, whether in the form of an Anders brief or in the context of a hearing, that the record has been thoroughly reviewed for potential meritorious issues, and, second, taking steps sufficient to facilitate review of the case, by the indigent parent and the presiding court, for the purpose of a determination as to whether the attorney accurately concluded that any appeal would be meritless”.)

• Concurrence

• Posted in:
• Juvenile Law,
• Recent Opinions

AC41528 - Francini v. Riggione ("This appeal arises from a breach of contract and private nuisance action brought by the plaintiffs, Peter J. Francini, Trustee, and Donald W. Anderson, Trustee, on behalf of the Peter J. Francini 1992 Revocable Family Trust, against the defendant, Nicholas A. Riggione. After a five day trial to the court, the court rendered judgment in favor of the plaintiffs on their breach of contract claims, but denied their request for injunctive and equitable relief on their private nuisance claim.The defendant appeals from the court's subsequent award, after determining that the plaintiffs were the prevailing party, of approximately $90,000 in attorney's fees. On appeal, the defendant essentially claims that the court abused its discretion in calculating the award of attorney's fees (1) because in awarding fees to the plaintiffs on their claims related to a breach of contract between the parties, a proper analysis of the factors listed in rule 1.5 (a) of the Rules of Professional Conduct would compel a significant downward departure from the plaintiffs' initial lodestar calculation; and (2) when it awarded fees for a private nuisance claim on which the plaintiffs did not prevail. We agree with the defendant that the court abused its discretion in awarding attorney's fees for a claim on which the plaintiffs did not prevail. Accordingly, we reverse the judgment of the trial court in part and remand the case for further proceedings consistent with this opinion.")

• Posted in:
• Contract Law,
• Recent Opinions