Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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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 Option to Buy 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

Appellate Court Notes

- SC19080 - Sanchez v. Commissioner of Correction - SC19013 - State v. Terwilliger - SC19013 Concurrence - State v. Terwilliger - AC35918 - Scandariato v. Borrelli Trial court was held not to have...more

12/8/2014 - Abuse of Discretion Department of Corrections Expert Testimony

Appellate Court Notes

SC19118 - E & M Custom Homes, LLC v. Negron - New home warranty claim was successfully asserted as a counterclaim to a mechanic lien foreclosure. You will have to read the Appellate Court decision to find out what...more

11/20/2014 - Expert Testimony Foreclosure Home Warranties Local Ordinance Medical Malpractice Municipalities Property Owners

Appellate Court Notes

- SC18975 - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Concurrence - Connecticut Ins. Guaranty Assn. v. Drown - SC18975 Dissent - Connecticut Ins. Guaranty Assn. v. Drown This started as a medical...more

11/3/2014 - Construction Defects Healthcare Providers Highways Malpractice Insurance Medical Malpractice Physicians Vicarious Liability

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

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