Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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Appellate Court Notes

Supreme Court Advance Release Opinions: SC19203 - Tilcon Connecticut, Inc. v. Commissioner of Environmental Protection - Applicant sought a water diversion permit for some of its quarries for water used in its rock...more

8/13/2015 - Department of Environmental Protection Evidence Expert Testimony Foreclosure Fraud Hearsay Hospitals Independent Contractors Medical Malpractice Stormwater Discharge Permits

Appellate Court Notes

Appellate Court Advance Release Opinions: - AC35173 - State v. Mosback - AC36907 - Rodriguez v. Commissioner of Correction - AC36499 - Zilkha v. Zilkha After a judgment of dissolution, the plaintiff...more

8/12/2015 - Appeals Attorney's Fees Dissolution Fraud Legal Fees Marital Home Mortgages Workplace Injury

CT Law of the Land

Week of July 29 - No Hardship for Legally Nonconforming Residence - The owners of a residence in Fairfield that was legally nonconforming – that is, it failed to comply with zoning requirements in place now – wanted...more

8/1/2015 - Nonconforming Use Residential Property Owners Variances Zoning Laws

CT Law of the Land

Week of July 6 - In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more

7/14/2015 - Cease and Desist Construction Industry Easements Land-Use Permits Property Owners Subject Matter Jurisdiction Vagueness Zoning Laws

Appellate Court Notes

- Supreme Court Advance Release Opinions: - SC19422 - Awdziewicz v. Meriden Certain police officers retired, entitling them to pension benefits under the City Charter as previously modified in a separate lawsuit...more

7/7/2015 - Appeals Beneficiaries Cease and Desist Orders City Charters Concealed Carry Permit Contractors Employee Benefits FOIA Gun Laws Health Insurance Law Enforcement Municipalities Pensions Permits Property Owners Public Employees Public Employers Retirement Zoning Laws

Appellate Court Notes

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

7/2/2015 - Action to Quiet Title Attorney Malpractice Breach of Contract Construction Defects Construction Industry Divorce Misappropriation Mortgage Lenders Mortgages Property Owners

Appellate Court Notes

SC19297 - DiLieto v. County Obstetrics & Gynecology Group, P.C. - Plaintiff received a jury verdict of $4.5 million in this medical malpractice action due to the wrongful removal of certain organs. The plaintiff was...more

5/19/2015 - Appeals Jury Awards Medical Malpractice Offer of Judgment Post-Judgment Interest

Appellate Court Notes

- SC19116, SC19150 - Brennan v. Brennan Associates. - SC19116, SC19150 Dissent - Brennan v. Brennan Associates. In a prior appeal decision, the court upheld the judicial disassociation (forceful removal) of the...more

5/18/2015 - Appeals Buyouts Disassociation Limited Partnerships

Appellate Court Notes

- AC36342 - Budrawich v. Budrawich Post-dissolution motion to modify child support denial was upheld by the Appellate Court due to lack of substantial change in circumstances, when ex-husband’s increased income was not...more

4/23/2015 - Appeals Child Support Divorce

Appellate Court Notes

- SC19245 - Nation-Bailey v. Bailey - SC19245 Concurrence - Nation-Bailey v. Bailey Holding that a separation agreement that requires the payment of unallocated alimony and child support ‘‘until the …. [w]ife’s...more

4/22/2015 - Abrogation Alimony Appeals Construction Contracts Contract Terms Estoppel Public Projects Separation Agreement Termination Clauses

Appellate Court Notes

- AC35807 - Llera v. Commissioner of Correction [Not summarized.] - AC36240 - Customers Bank v. Tomonto Industries, LLC Plaintiff bank acquired the assets of a defunct bank from the FDIC, including the $3...more

4/21/2015 - ADA Adverse Employment Action Appeals Banks Debtors Disability Discrimination Discovery Hiring & Firing Marital Assets Marital Home Wrongful Death

Appellate Court Notes

- AC34886 - State v. Bush - AC35418 - State v. LaFleur - AC36275 - North Star Contracting Corp. v. Albright This case dealt with who is the proper party to bring a shareholder derivative action. A...more

4/20/2015 - Appeals Board of Directors Breach of Contract Commercial Property Owners Derivative Suit Employment Contract FOIA Public Housing Authorities Sales Commissions Shareholder Litigation Standing

CT Law of the Land

AC36196 - Verrillo v. Zoning Board of Appeals - Attorneys who practice in the land-use arena know that there is often a divergence between how local Zoning Board of Appeals (“ZBAs”), comprised of lay members, view...more

3/11/2015 - Appeals Burden of Proof Undue Hardship Variances Zoning Laws

Appellate Court Notes

SC18928 - Rathbun v. Health Net of the Northeast, Inc. - In Connecticut, the Department of Social Services manages the federal Medicaid act and awards contracts to Medicaid managed health care providers. The defendant...more

3/10/2015 - Appeals Building Permits Healthcare Managed Care Contracts Medicaid Primary Residence Real Estate Brokers Variances

Appellate Court Notes

SC19215 - Olszewski v. Jordan - In this case, the court reversed an earlier decision of the Appellate Court which had held that an equitable charging lien (as distinguished from a retaining lien equals the right to...more

2/27/2015 - Appeals Attorney's Fees Liens

Appellate Court Notes

- SC18927 - State v. Gonzalez - AC35406 - Rodriguez v. State - AC35570 - Tremper v. State - AC35972 - Bouchard v. Deep River [Dumpster diving can be hazardous to your health. As a devotee of the...more

2/26/2015 - Appeals Bodily Injury Defamation OSHA Residential Leases Roads Tortious Interference

Appellate Court Notes

- SC19298 - Getty Properties Corp. v. ATKR, LLC Defendants appealed eviction judgments against them for a series of gas stations located on properties owned by the plaintiffs. Getty Properties Real Estate Investment...more

2/13/2015 - Appeals Commercial Leases Condemnation DOT Operational Permits REIT

Appellate Court Notes

- SC18997 - Ruiz v. Victory Properties, LLC - SC18997 Dissent - Ruiz v. Victory Properties, LLC This is a continuation of an earlier Appellate Court decision I reported on, which held the landlord responsible...more

2/12/2015 - Appeals Bodily Injury Landlords Law Enforcement Wrongful Death

Appellate Court Notes

SC19194 - State v. Miranda SC19289 - Deutsche Bank National Trust Co. v. Perez Supreme Court upheld Appellate Court’s decision to reform the plaintiff’s mortgage. SC19226 - Sullins v. United Parcel...more

2/10/2015 - Deutsche Bank Mortgages SCOTUS UPS Workplace Injury

Appellate Court Notes

SC19216 - Sikorsky Financial Credit Union, Inc. v. Butts - Finally some clarity in rules pertaining to the award of post-judgment interest. Here the (consumer) loan agreement provided that interest would accrue at 9%...more

2/9/2015 - Arbitration Consumer Financial Products Consumer Lenders Foreclosure Loan Agreements Loans Postjudgment Interest

Appellate Court Notes

SC19123 - Parisi v. Parisi - [THE WORDING ON PAYMENT METHOD MATTERS] A matrimonial decision was issued today where the Court declined to hold a spouse in contempt for not complying with a (pre-nup) contract provision...more

1/27/2015 - Contract Drafting Pre-Nuptial Agreements Spouses

CT Law of the Land

Week of January 12 - On January 7, 2015, the Planning & Zoning Section of the Connecticut Bar Association met in Cromwell, CT with special guest Judge Marshall Berger. The main focus of the meeting was Practice Book...more

1/26/2015 - State and Local Government

Appellate Court Notes

SC19037 - Brody v. Brody - In this multi-million dollar matrimonial dissolution action, the SCT took the opportunity to clarify Connecticut law on civil contempt. The court set aside prior Appellate precedent and held...more

1/16/2015 - Attorney's Fees Auto Insurance Car Accident Contempt Contractors Divorce Foreclosure Nursing Homes Public Projects Uninsured and Under-Insured Motorists

Appellate Court Notes

AC35659 - Ceferatti v. Aranow - In this med mal case the Appellate Court held that leaving a sponge in the patient did not toll the SOL under the continuing course of conduct theory so as to avoid SJ in favor of the...more

12/9/2014 - Defamation Mailbox Rule Medical Malpractice Prisons Service of Process Statute of Limitations

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