Edward McCreery III

Edward McCreery III

Pullman & Comley, LLC

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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

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

Appellate Court Advance Release Opinions: AC36558 - State v. Wood - AC37579 - State v. Wilkins - AC36576 - State v. Riley - AC36219 - Deutsche Bank National Trust Co. v. Bliss - In this decision the...more

9/8/2015 - Consumer Lenders Dodd-Frank Financial Institutions Foreclosure Homeowners Mortgage Lenders Preemption Standing

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

Supreme Court Advance Release Opinions: SC19203 - Tilcon Connecticut, Inc. v. Commissioner of Environmental Protection - Applicant sought a water diversion permit for some of its quarries for water used in its rock...more

8/13/2015 - Department of Environmental Protection Evidence Expert Testimony Foreclosure Fraud Hearsay Hospitals Independent Contractors Medical Malpractice Stormwater Discharge Permits

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

CT Law of the Land

Week of July 29 - No Hardship for Legally Nonconforming Residence - The owners of a residence in Fairfield that was legally nonconforming – that is, it failed to comply with zoning requirements in place now – wanted...more

8/1/2015 - Nonconforming Use Residential Property Owners Variances Zoning Laws

CT Law of the Land

Week of July 6 - In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more

7/14/2015 - Cease and Desist Construction Industry Easements Land-Use Permits Property Owners Subject Matter Jurisdiction Vagueness Zoning Laws

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

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

7/2/2015 - Action to Quiet Title Attorney Malpractice Breach of Contract Construction Defects Construction Industry Divorce Misappropriation Mortgage Lenders Mortgages Property Owners

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

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