Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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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

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19253 - RBC Nice Bearings, Inc. v. SKF USA, Inc. [An important decision on contract waiver but one all attorneys should recall from the UCC or Contracts course we took...more

9/30/2015 - Appeals Clear and Convincing Evidence Contract Disputes Contract Waiver CT Supreme Court Doctor-Patient Privilege HIPAA Medical Records Mental Health Modification Murder Privacy Laws Public Interest Reservation of Rights UCC

Appellate Court Notes

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC37222 - State v. Leon - AC36118 - Taft v. Commissioner of Correction - AC35815 - State v. Devito - AC36483 - Brochu v. Aesys...more

9/9/2015 - Appeals Estate Planning Fiduciary Duty Jury Verdicts Legislative Agendas Prejudice

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19254 - State v. Santos - Appellate Court Advance Release Opinions: AC37165 - State v. Marrero-Alejandro - AC35970 - Stone v. Pattis - Plaintiff hired an...more

9/5/2015 - Additur Appeals Dismissals In Pro Per Joint and Several Liability Jury Verdicts Motion for Reconsideration Motion to Set Aside the Verdict Non-Economic Damages Pain and Suffering

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

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