Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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Appellate Court Notes

- SC18876 - State v. Eleck - SC19035 - State v. Artis - AC34796 - Michael G.v. Commissioner of Correction - AC35641 - Kim v. Emt State Marshalls are NOT State employees but rather are independent...more

10/17/2014 - Employer Liability Issues Holidays Independent Contractors Public Employees

Appellate Court Notes

AC35463 - Bethlehem v. Acker - Trial court properly concluded that the smaller breeds of a large group of approximately 80 dogs “rescued” by a self-styled dog rescuer, and kept in frigid temperatures in a an unheated...more

10/14/2014 - Dogs Neglect

Appellate Court Notes

SC18960 - State v. Carrion - SC18960 Concurrence - State v. Carrion - Who knows the Whelan Exception to the Rule of Hearsay? You don’t? I’m sure you’re not alone. Now known more appropriately as the Connecticut...more

10/9/2014 - Criminal Prosecution Evidence Hearsay Video Recordings

Appellate Court Notes

SC19119 - Iacurci v. Sax - SC19119 Dissent - Iacurci v. Sax - Plaintiff sued his accountant for negligence and was trying to get around the 3-year statute of limitations of 52-577. In opposition to the...more

10/8/2014 - Age Discrimination Appeals Attorney's Fees Hiring & Firing Negligence Retaliation Statute of Limitations Termination

Appellate Court Notes

SC19151, SC19158 - Weiss v. Smulders - Plaintiff sued the defendant claiming it violated an oral agreement to form a new company by merging their existing companies as a joint venture to sell food products. After a...more

9/25/2014 - Appeals Chapter 7 Commercial Bankruptcy Mergers Substantially Similar

Appellate Court Notes

SC19191 - Dorry v. Garden - The Supreme Court held that the accidental failure of suit statute saves a complaint that is not properly served within the original statute of limitations period, no matter how defective...more

9/23/2014 - Governmental Immunity Negligence Public School Boards Putative Class Actions Service of Process Statute of Limitations

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

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