Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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Appellate Court Notes

AC36912 - Whitney v. J.M. Scott Associates, Inc. Plaintiff entered into an employment and stock purchase agreement with the owner of the company, that provided if he were terminated without cause before the end of five...more

7/7/2016 - Abrogation CUTPA Deferred Compensation Employment Contract Governmental Immunity Liquidated Damages Medical Malpractice Mesothelioma Negligence Pre-Judgment Interest Punitive Damages Stock Purchase Agreement

Appellate Court Notes

Appellate Court Advance Release Opinions: AC37813 - Santarsiero v. Planning & Zoning Commission - A planning and zoning commission (PZC) was entitled to use its discretion in waiving a landscape buffer requirement...more

7/5/2016 - Appeals Child Support Contempt Default Judgment Evidentiary Hearings Failure to Object Judicial Discretion Notice of Default Res Judicata Responsive Pleadings Statute of Limitations Summary Judgment Zoning Laws

Appellate Court Notes

Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

6/1/2016 - Abuse of Discretion Abuse of Process Appeals Child Support Child Support Modification Consumer Expectations Test CT Supreme Court Death Certificates Design Defects Emotional Distress Damages Foreclosure Jurisdiction LLC Standard of Review Standing Strict Liability Tobacco Litigation

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

5/10/2016 - Appellate Briefs Appellate Review Arbitration Awards Bank of America Bodily Injury Child Care Child Support Construction Project Divorce FedEx Foreclosure Judgment Liens Mortgages Negligent Misrepresentation Personal Property Public Nuisance Selling a Business Summary Judgment Tortious Interference Workers' Compensation Claim

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36842 - Antonucci v. Antonucci - In this divorce action, the parties had been married for twenty-five years and had two adult children, and had comparable incomes of about...more

5/9/2016 - Appellate Briefs Appellate Review Attorney's Fees Division of Assets Divorce Estate Planning Jointly-Owned Property Marriage

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

4/19/2016 - Alimony Appeals Attorney Misconduct Contempt CT Supreme Court Divorce Easements Frivolous Lawsuits Jointly-Owned Property Remand Rules of Professional Conduct Sanctions

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

4/18/2016 - Alimony Appeals Attorney's Fees Breach of Duty Child Support Citigroup Consumer Bankruptcy Contempt CT Supreme Court Divorce Fiduciary Duty Foreclosure Jury Verdicts Mistake Mootness Motion to Dismiss Negligence Prevailing Party Standing Stays Trustees Trusts Undue Influence Claims

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19408 - NPC Offices, LLC v. Kowaleski - In this case, the Supreme Court reversed the Appellate Court. The Appellate Court had agreed with the Trial Court that a driveway...more

4/15/2016 - Appeals Contractors CT Supreme Court Easements Foreclosure Partnerships Public Policy Reversal Standing Subject Matter Jurisdiction Tax Assessment Workers' Compensation Claim

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19480 - McCullough v. Swan Engraving, Inc. - This case determined that when a husband had already filed a claim for disability benefit in a timely fashion under the Worker’s...more

4/13/2016 - Affordable Housing CT Supreme Court Default Judgment Law Enforcement Local Ordinance Negligence Nuisance Public Safety Real Estate Development Roads Subject Matter Jurisdiction Survivor Benefits Variances Zoning Laws

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36040, AC36270 - Barton v. Norwalk - Congratulations to Elliott B. Pollack and Tiffany K. Spinella on their big win before the Appellate Court. This decision upheld a...more

4/13/2016 - Anti-SLAPP Commercial Bankruptcy Fair Market Value Fee Caps Inverse Condemnation Judicial Estoppel Probate Rental Property Res Judicata

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36726 - Schull v. Schull - Trial court properly refused to hold ex-husband in contempt for not paying 50 percent of child’s surgery per the original decree. The Trial...more

4/12/2016 - Abuse of Discretion Appeals Breach of Contract Child Support Contempt Liquidated Damages Motion To Restore Motion to Withdraw Real Estate Transactions Willful Violations

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

4/8/2016 - Alimony Appeals Arbitration Contempt Default Divorce Domestic Partnership Hiring & Firing Lis Pendens Mortgages Property Ownership Quantum Meirut Reinstatement Reporting Requirements Res Judicata Unjust Enrichment

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19376 - MERSCORP Holdings, Inc. v. Malloy - Electronic Mortgage Recording Systems, of which currently MERS is the only real player, account for 65% of all CT residential...more

4/7/2016 - Child Support Child Support Modification Divorce Dormant Commerce Clause MERS Mortgages Residential Property Owners

Appellate Court Notes

Appellate Court Advance Release Opinions: AC38454 - In re Daniel N. AC36701 - State v. Adams - AC36701 Dissent - State v. Adams - AC37362 - Deutsche Bank National Trust Co. v. Thompson...more

4/5/2016 - Absolute Immunity Appeals Appellate Record Apportionment Cease and Desist Orders Disability Benefits Evidence Foreclosure Fraud Imminent Harm Immunity Litigation Privilege Permits Police Misconduct Trusts Zoning Laws

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19474 - State v. Roman - Appellate Court Advance Release Opinions: AC37107 - NRT New England, LLC v. Jones - Plaintiff broker entered into an exclusive buyer’s...more

3/9/2016 - Agency Agreement Assault Child Custody CT Supreme Court Dram Shop Laws Fraud Real Estate Brokers Standing

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19481 - JP Morgan Chase Bank, N.A. v. Mendez - After a foreclosure sale auction took place, the defendant property owner appeared for the first time and filed a motion to...more

1/26/2016 - Foreclosure JPMorgan Chase Mortgages Motion to Vacate Pollution Control

Appellate Court Notes

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

12/15/2015 - Appeals Appraisal Attorney's Fees Building Codes Child Support Construction Contracts Declaratory Judgments Foreclosure Misrepresentation Nuisance Probable Cause Public Health Public Safety Spousal Support Standard of Review Valuation

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19229 - Michael T. v. Commissioner of Correction - Normally I do not summarize criminal matters due to time constraints. Recently Justice McDonald noted that it was a shame...more

12/14/2015 - Appeals Building Codes CT Supreme Court Evidentiary Rulings Habeas Corpus Injunctive Relief Summary Judgment

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19165 - Dept. of Transportation v. White Oak Corp. - SC19165 Dissent - Dept. of Transportation v. White Oak Corp. Despite a very convoluted history, the essence of...more

12/11/2015 - Administrative Procedure Act Appeals Arbitration Awards Arbitrators Confirmation Proceedings Construction Contracts Department of Transportation (DOT) Franchise Agreements Modification Pre-Suit Notice Prenuptial Agreements Spousal Support Standing

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19330 - Lawrence v. O & G Industries, Inc. - SC19331 - Beamer v. O & G Industries, Inc. Construction companies do not owe a duty of care to workers employed on a job...more

12/10/2015 - Construction Industry Construction Workers CT Supreme Court Duty of Care Economic Injuries Negligence

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

11/13/2015 - Appeals Attorney Misconduct Business Pursuits Divorce False Imprisonment Foreclosure Homeowner's Insurance Policy Exclusions Promissory Notes Umbrella Policies Writ of Error

Appellate Court Notes

SC19309 - Staton v. Commissioner of Correction - SC19195 - Campos v. Coleman - SC19195 Dissent - Campos v. Coleman - In a 4-3 split decision the Court insured that the cost of living will be going up in...more

11/11/2015 - Condominiums Contract Disputes Loss of Consortium Trucking Industry Variances Wrongful Death

CT Law of the Land

Week of September 23 - Limits of relief possible for Intervenor under CGS 22a-19 - In Hunter Ridge LLC v. Planning & Zoning Commission Connecticut’s Supreme Court considered whether injunctive relief was available...more

10/2/2015 - Appeals Conflicts of Interest CT Supreme Court Department of Environmental Management Enforcement Officers Environmental Claims Governmental Immunity Injunctions Intervenors Land Developers Land-Use Permits New Legislation Standard of Review Uniform Standards Urban Planning & Development Wetlands Zoning Laws

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36390 - Folsom v. Zoning Board of Appeals - Trial court properly granted a motion to strike a direct lawsuit by a disgruntled neighbor against the Town Zoning Enforcement...more

10/2/2015 - Appeals Child Visitation Clerical Errors Confidentiality Agreements Conflicts of Interest Consumer Bankruptcy Custody Modification Debtors Default Foreclosure Settlement Stipulated Judgment Urban Planning & Development Zoning Laws

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