Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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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

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

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

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

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

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

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 Fraud Imminent Harm Laches Negligence Proximate Cause Unjust Enrichment

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

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