Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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Appellate Court Notes

?AC35328 - Sola v. Wal-Mart Stores, Inc. Trial court incorrectly refused to charge the jury that Walmart store had a non-delegable duty to maintain its floors in a safe condition for its patrons and could not defend a...more

9/19/2014 - Auto Insurance Bodily Injury Depositions Negligence Pawn Brokers Policy Exclusions Video Recordings Wal-Mart

Appellate Court Notes

?AC35507 - State v. Wright - ?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley - The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more

9/19/2014 - Attorney Malpractice Beneficiaries Easements Equitable Conversion Fiduciary Duty Foreclosure Mortgages Probate Real Estate Transfers Religious Institutions

CT Law of the Land

SC19090, SC19091 - FairwindCT, Inc. v. Connecticut Siting Council - This decision upheld the Siting Council’s authorization to a Pullman & Comley client to install wind turbine electrical generation facilities in...more

9/19/2014 - Energy Energy Policy Renewable Energy Utilities Sector Wind Power

Appellate Court Notes

SC19089 - Travelers Casualty & Surety Co. of America v. Netherlands Ins. Co. - Travelers brought a declaratory judgment action, claiming that the Netherlands Insurance Company had to participate in the defense costs of...more

8/13/2014 - Appeals Commercial General Liability Policies Construction Defects Declaratory Judgments Property Insurance

Appellate Court Notes

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

8/12/2014 - Attorney's Fees Loss of Consortium Minors Same-Sex Marriage

Appellate Court Notes

AC35632- U.S. Bank, N.A. v. Foote - Second time is the charm. Defendant succeeded in getting plaintiff’s foreclosure action dismissed for lack of standing due to the inability of the witnesses to establish that the...more

7/17/2014 - Bid Protests Competitive Bidding Contractors Deed of Trust Doctrine of Co-Insurance Fiduciary Duty Foreclosure Insurers Municipalities Promissory Notes Secured Lenders Standing

Appellate Court Notes

SC19047 - Commissioner of Public Safety v. Freedom of Information Commission - 1994 legislation that expanded the disclosure requirements of law enforcement agencies beyond just the name, rank & serial number of the...more

7/10/2014 - Disclosure Requirements Foreclosure Guarantors Law Enforcement Statute of Frauds

CT Law of the Land

AC35796 - Michos v. Planning & Zoning Commission - This decision held that the Town of Easton P&Z Commission violated its own regulations when it approved a house of worship with 80% of the parking in front of the...more

7/10/2014 - Religious Institutions RLUIPA Setback Rules

Appellate Court Notes

SC18819 - Single Source, Inc. v. Central Regional Tourism District, Inc. - As a precursor to the July 4th holiday and the resultant influx of tourists to Connecticut's attractions, the Connecticut Supreme Court through...more

7/8/2014 - Successor Liability Successors Tourists

Appelate Court Notes

AC35823 - Stratford v. Wilson - When Mayor allegedly overpaid a departing employee as he was leaving office himself, the town sued the former employee under the action of “indebitatus assumpsit for money had &...more

6/16/2014 - Appeals Public Employees Unjust Enrichment

Appelate Court Notes

SC19092 - Stafford v. Roadway - The plaintiff, a “20 year old minor,” (admittedly experienced with drinking) filed a twenty-four-count complaint against the defendants for personal injuries allegedly sustained after he...more

6/9/2014 - Bodily Injury Drug & Alcohol Abuse

Appellate Court Notes

Plaintiff was appointed conservator over a young woman with psychological issues. A married man befriended her over the internet. She then suffered a stroke, limiting her mobility, and the married man started visiting her...more

6/5/2014 - Conservators

Appellate Court Notes

AC35802 - Estate of Haburey v. Winchester - Widow was allowed to claim spousal benefits for deceased employee who worked at municipal sewage treatment facility. Commissioner could have properly found that exposure to...more

6/4/2014 - Appellate Review Commercial Leases Foreclosure Leases Life Insurance Popular Property Damage Property Insurance Public Employees

Appellate Court Notes

SC18961 - Robbins v. Physicians for Women's Health, LLC - The plaintiff filed this medical malpractice against a hospital, the doctor, the midwife, and the company (“PWH”) that bought the assets of the hospital after...more

6/2/2014 - Default Foreclosure Homeowner's Insurance Hospitals Physicians Premiums Successor Liability Wrongful Death

CT Law of the Land

AC35612 - Greenwood Manor, LLC v. Planning & Zoning Commission - During a review of its current zoning regulations, the attorney for a property owner wrote to the planning commission and strongly urged it to downgrade...more

6/2/2014 - Condominium Associations Condominiums Land Titles Standing

CT Law of the Land

AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

5/12/2014 - Appeals Building Permits Cease and Desist Declaratory Judgments Enforcement Actions Jurisdiction Wetlands

Appellate Court Notes - Week of April 21

SC18877 Concurrence - Sarrazin v. Coastal, Inc. - Foreman for a plumbing contractor sued the company claiming he was entitled to overtime for traveling to job sites all over the state as he had to do so in a company...more

4/21/2014 - Appeals Attorney Disbarrment CHRO Disciplinary Proceedings Embezzlement FEPA FLSA Foreclosure Licenses Loan Modifications Mortgages Unpaid Overtime Workers' Compensation Defense

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

3/24/2014 - Abuse of Process Appeals Chain of Title Collection Action Divorce Due Process Easements Jurisdiction Mortgages Negligence Remand Strict Liability Vagueness Variances Wetlands

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

3/19/2014 - Appeals Divorce ESPN Foreclosure Intentional Infliction of Emotional Distress Motion to Dismiss Respondeat Superior Standing Vicarious Liability

Appellate Court Notes: Week of March 10

SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

3/10/2014 - 911 Calls Appeals Breach of Duty Continuous Representation Doctrine Fraud Illegal Pursuit Imminent Harm Laches Negligence Proximate Cause Unjust Enrichment

Appellate Court Notes - Week of February 24

Trial court could add ten percent interest onto award of $125k attorney’s fees due to the delay caused by defendant's appeal. Even if the appeal was filed in good faith for legitimate reasons, the plaintiff is entitled to be...more

2/24/2014

Appellate Court Notes - Week of February 17

AC35201, AC35270 - Henderson v. Lagoudis - The “law of the case” doctrine does not preclude a trial court from re-considering subject matter jurisdiction (standing of the plaintiff in this case), even if the plaintiff...more

2/17/2014 - Appeals Covenant of Good Faith and Fair Dealing Demotions Dismissals Evidentiary Hearings Law-of-the-Case Standing Subject Matter Jurisdiction Summary Judgment Termination

Appellate Court Notes - Week of February 10

AC35257 - Lagueux v. Leonardi: This decision has general applicability to the right of the State to ensure an applicant for a license is of good moral standing. The majority concluded that the Connecticut Insurance...more

2/10/2014 - Appeals Contractors Franchise Agreements Insurance Brokers Insurance Commissioners Licenses Limited Partnership Agreements Moral Character Determinations

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

12/23/2013 - Appeals Constructive Notice Independent Contractors Jurisdiction Settlement Slip and Fall Strict Liability Workers' Compensation Defense

Appellate Court Notes - Week of December 20

SC18845 - Milliun v. New Milford Hospital - A medical malpractice case with some general principals of law: Patient went into respiratory failure in a CT hospital which allegedly resulted in a brain injury. Patient was...more

12/20/2013 - Appeals Expert Testimony Medical Malpractice Standard of Review

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