Connecticut Estoppel Law
<Center><h2>STATE OF CONNECTICUT v. ALRICK A. EVANS </h2> <table> <td> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/3/3e/Connecticut_Supreme_Court%2C_Hartford_CT.jpg/238px-Connecticut_Supreme_Court%2C_Hartford_CT.jpg"> <center </td> </table></center><center><h2><FONT COLOR="black"> Connecticut Supreme Court</FONT> </h2>
The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in Al... More...
$0 (08-16-2018 - CT)STATE OF CONNECTICUT v. MICHAEL ANTHONY GUERRERA
This decision concerns two appeals, AC 37171 and AC 38312, and a cross appeal in AC 38312 arising from the same underlying criminal case. In a single, consolidated trial, a jury found the defendant, Michael Guerrera, guilty of assault in the first degree in violation of General Statutes §§ 53a-8 (a) and 53a-59 (a) (1), conspiracy to commit the assault in the first degreeinviolationofGeneralStatu... More...
$0 (07-15-2016 - CT)STATE OF CONNECTICUT v. RICHARD BRUNDAGE
Both issues in this certified appeal centerontheclaimofthedefendant,RichardBrundage, that thestate is precludedfrom filing asubstitute information bringing new charges against him following his partially successful appeal challenging his convictions onchargesthatweredeterminedtobetimebarred.The defendant appeals from the judgment of the Appellate Court, which concluded that the trial court imprope... More...
$0 (03-16-2016 - CT)Valencis v. Nyberg
The defendants David Nyberg and CSM North, LLC (CSM),1 appeal from the judgment of the trial court awarding a prejudgment remedy in favor oftheplaintiffs,StanleyValencis,ACSYS,Inc.(ACSYS), and MIG Ventures, LLC (MIG), in the amount of $1,517,389.40.2 On appeal, the defendants claim that (1) the court improperly granted the application for a prejudgment remedy without taking into account the defen... More...
$0 (10-19-2015 - CT)Campos v. Coleman
The named plaintiff, Gregoria Campos, in her individual capacity and in her capacity as administratrix of the estate of her late husband, Jose Mauricio Campos (decedent), and the Campos’ three children, Mauricio Campos, Jose Ernesto Campos and Jose Eduardo Campos(Campos children),brought this action against the defendants, Robert E. Coleman and LQ Management, LLC (LQ Management).2 The plaintiffs... More...
$0 (09-28-2015 - CT)State Of Connecticut v. Bacon Construction Co.
.Thenameddefendant,BaconConstructionCompany,Inc.,1appealsfromthetrialcourt’sdenial of its motion for summary judgment, in which it argued thattheclaimshereinassertedbytheplaintiff,thestate of Connecticut, are all barred by the doctrines of res judicata and collateral estoppel2 because such claims wereorcouldhavebeenmadeanddecidedinanearlier arbitrationproceedinginitiatedbythedefendantpursuant to... More...
$0 (09-14-2015 - CT)Blumberg Associates Worldwide, Inc. v. Brown & Brown of Connecticut, Inc.
This case requires us to determine when<br> a reviewing court properly may raise and decide an<br> issue that was not raised by the parties. The plaintiff,<br> Blumberg Associates Worldwide, Inc., brought this<br> action against the defendants, Brown and Brown of<br> Connecticut, Inc. (Brown & Brown), and Brown and<br> Brown, Inc. (parent company), alleging, inter alia, that<br> the defendants had... More...
$0 (02-17-2014 - CT)Lost Trail, LLC v. Town of Weston
Approximately fifteen years ago, the plaintiff, Lost Trail, LLC (Lost Trail), purchased two adjacent parcels of land in the town of Weston (town). Lost Trail’s apparent intention was to divide the aggregated land into four lots suitable for building under the town’s zoning regulations. After Lost Trail reconfigured its property, consistent with this purpose, town officials informed L... More...
$0 (01-10-2013 - CT)Mireille DesRosiers v. Diageo North America
The plaintiff, Mireille Desrosiers, appeals from the partial summary judgment1 rendered by the trial court in favor of the defendants Diageo North America, Inc. (Diageo) and Lawrence D. Levine.2 On appeal, the plaintiff claims that the court erred in granting in part the defendants’ motion for summary judgment (1) on the claim alleging discrimination based on a perceived disability because ... More...
$0 (08-21-2012 - CT)Coyle Crete, LLC v. Kathleen Nevins
The plaintiff, Coyle Crete, LLC, appeals from the summary judgment rendered by the trial court in favor of the defendant, Kathleen Nevins. The plaintiff claims that the court improperly concluded that no genuine issue of material fact existed as to whether its claims were barred by the doctrines of collateral estoppel and res judicata. We agree and, accordingly, reverse the judgment of the trial c... More...
$0 (08-21-2012 - CT)Rajiv Sethi v. Bruhan Yagildere
The plaintiff, Rajiv Sethi, appeals from the summary judgment rendered by the trial court in favor of the defendant, Bruhan Yagildere. On appeal, the plaintiff claims that the court improperly determined that he lacked standing to allege unjust enrichment and a violation of the Connecticut Unfair Trade Practice Act (CUTPA).1 We conclude that, although the trial court correctly determined that the ... More...
$0 (07-17-2012 - CT)MSO, LLC v. Anthony Desimone
The plaintiff, MSO, LLC, appeals from the judgment of the trial court granting the motion of the defendants Anthony DeSimone and Charles DeSimone, Jr., in their personal capacities and as coexecutors of the estate of Charles E. DeSimone, to stay the proceedings and ordering the parties to proceed to arbitration pursuant to an arbitration clause in the parties’ lease agreement.1 On appeal, t... More...
$0 (04-17-2012 - CT)Regin Canty v. Kathleen J. Otto
The defendant, Kathleen J. Otto, appeals1 from the judgment of the trial court granting the application of the plaintiff, Regina Canty, administratrix of the estate of Shamaia Smith, for a prejudgment remedy. On appeal, the defendant contends that the plaintiff, who is a creditor of her debtor spouse, Kenneth Otto, Sr. (Otto), cannot collect the debt from the defendant, a nondebtor spouse, by brin... More...
$0 (05-01-2012 - CT)Eric Fischer v. Richard Zollino
This case raises the question of whether the putative father of a child, upon learning that he was deceived by his wife, the child’s mother, and the child’s biological father as to the child’s paternity, is estopped from recovering from the biological father funds that the putative father expended to raise the child while believing her to be his offspring. The plaintiff, Eric ... More...
$0 (02-07-2012 - CT)James D. Batchelder v. Panning and Zoning Commission of the Town of Vernon
This administrative appeal concerns the ongoing efforts of the plaintiffs, James D. Batchelder and Glenn Montigny, to block the settlement of litigation between the defendant, the planning and zoning commission of the town of Vernon, and a developer, Diamond 67, LLC (Diamond). The plaintiffs’ claims in this appeal are enmeshed in the procedural history of two prior appeals to this court. Se... More...
$0 (01-24-2012 - CT)Congress Street Condominium Association, Inc. v. Frederick L. Anderson
In this action to foreclose a statutory lien, the defendant, Frederick L. Anderson, appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Congress Street Condominium Association, Inc., as to liability only, based on the nonpayment of common charges and fines.1 On appeal, the defendant claims that the court improperly granted the plaintiff’s motion for summ... More...
$0 (12-20-2011 - CT)Eloise Marinos v. David M. Poirot
The plaintiff, Eloise Marinos, individually and as administratrix of the estate of Steven F. Meo (Meo),1 appeals from the judgment of the trial court rendered following the granting of the motions for summary judgment in favor of the defendants, David M. Poirot and Gordon S. Johnson, Jr. On appeal, the plaintiff claims that the trial court improperly granted the motions for summary judgment on the... More...
$0 (12-27-2011 - CT)Richard Barry v. Board of Education of the City of New Britain
The plaintiff, Richard Barry, appeals from the summary judgment rendered by the trial court in favor of the defendant, the board of education of the city of New Britain, on the plaintiff’s claims of breach of the parties’ settlement agreement and breach of the parties’ employment contract. On appeal, the plaintiff argues that the court improperly determined that he was collate... More...
$0 (12-27-2011 - CT)Cambridge Mutual Fire Insurance Company v. John A. Sakon
The defendant John A. Sakon1 appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Cambridge Mutual Fire Insurance Company. On appeal, the defendant argues that the court erroneously determined that the plaintiff owed no duty to defend or to indemnify the defendant by concluding that (1) the business exclusion of the homeowner’s insurance policy issued by ... More...
$0 (11-27-2011 - CT)Wiacek Farms, LLC v. City of Shelton
The defendant Mark A. Lauretti1 appeals from the judgment of the trial court denying his motion for summary judgment, which asserted that the doctrine of collateral estoppel barred the action brought by the plaintiff, Wiacek Farms, LLC. We affirm the judgment of the trial court.<br><br>The record, viewed in the light most favorable to the plaintiff; see Martinelli v. Fusi, 290 Conn. 347, 350, 963 ... More...
$0 (11-11-2011 - CT)Robert B. Barton v. City of Norwalk
The defendant, the city of Norwalk, appeals from the judgment of the trial court denying its motion for summary judgment against the plaintiff, Robert B. Barton. The defendant claims that the court improperly concluded that the plaintiff’s inverse condemnation action was not precluded by (1) the existence of a judgment in a related eminent domain proceeding, (2) the doctrine of res judicata... More...
$0 (09-27-2011 - CT)Patricia Dayner v. Archdiocese of Hartford
This appeal requires us to consider the contours of the ministerial exception, under the first amendment to the United States constitution,1 to Connecticut courts’ subject matter jurisdiction over certain employment related claims brought against religious institutions. The plaintiff, Patricia Dayner, brought this action against the defendants, the Archdiocese of Hartford (archdiocese) and ... More...
$0 (08-02-2011 - CT)Brady Dougan v. Tomoko Hamada Dougan
In this certified appeal,1 the plaintiff, Brady Dougan, appeals from the judgment of the Appellate Court reversing the judgment of the trial court that invalidated a financial order included in the stipulated judgment dissolving his marriage to the defendant, Tomoko Hamada Dougan. Dougan v. Dougan, 114 Conn. App. 379, 380–83, 970 A.2d 743 (2009). On appeal to this court, the plaintiff claim... More...
$0 (07-05-2011 - CT)Joseph Soracco v. Williams Scotsman
The plaintiffs, Joseph Soracco (Soracco) and his spouse, Cheryl Soracco, and the defendant Williams Scotsman, Inc.,1 appeal from the decision of the trial court, entered in favor of the intervening plaintiff, Manafort Brothers, Inc. (Manafort), denying their joint motion for judgment to enforce a settlement agreement that they reached to resolve the action brought by the plaintiffs against the def... More...
$0 (05-24-2011 - CT)Turi Rostad v. Leon Hirsch
In this contested paternity action, after genetic testing established that the defendant was the father of the plaintiff’s child, the trial court awarded pendente lite attorney’s fees to each member of the mother’s litigation team. The father’s appeal contests the amount of the fees awarded to the mother’s attorneys. We must decide whether we have jurisdiction to... More...
$0 (04-19-2011 - CT)Ronald J. Vance v. Kenneth P. Tassmer
The defendants, Kenneth P. Tassmer and Richard W. Perillo, appeal from the judgment of the trial court transferring to the plaintiffs, Ronald J. Vance and Carol P. Vance, title to real property claimed to be owned by the defendants. The defendants claim that the court’s enforcement of the parties’ settlement agreement, after a hearing held pursuant to Audubon Parking Associates Ltd. ... More...
$0 (04-19-2011 - CT)Scott Levine v. Town of Sterling, et al.
This appeal arises from an action brought by the plaintiff, Scott Levine, against the defendants, the town of Sterling (town) and its building official, D. Kyle Collins, Jr.,1 relating to the defendants’ refusal to issue to the plaintiff permits to build two additional dwelling units on his property located in the town. The plaintiff appeals2 from the judgment rendered by the trial court in... More...
$0 (04-12-2011 - CT)Stephen Shelton v. Femi Olowosovo
The defendants, Femi Olowosoyo1 and Starlight Construction Company, Inc., appeal from the judgment rendered after a court trial, arising from a home construction contract with the plaintiffs, Stephen Shelton and Elizabeth Shelton, denying relief on all claims and counterclaims. On appeal, the defendants claim that the court improperly found that the payment terms of the contract had been modified ... More...
$0 (11-30-2010 - CT)Siriwat Singhaviroj v. Board of Education of the Town of Fairfield, et al.
In this most unusual of summary judgment cases, the defendants, the town of Fairfield (town), the board of education of the town of Fairfield (board) and certain employees thereof,1 appeal from the judgment of the trial court denying their motions for a continuance of trial and summary judgment against the plaintiff, Siriwat Singhaviroj. The defendants claim that the court (1) improperly denied th... More...
$0 (10-03-2010 - CT)James C. Lestorti v. Ralph J. Deleo, et al.
In this certified appeal,1 the defendant Louis A. Lestorti, Jr.,2 appeals from the judgment of the Appellate Court, which affirmed the trial court’s decision to grant the motion of the plaintiff, James C. Lestorti, to strike the defendant’s counterclaim for equitable contribution. Lestorti v. DeLeo, 114 Conn. App. 50, 51, 57, 968 A.2d 941 (2009). On appeal to this court, the defendan... More...
$0 (11-30--0001 - CT)Noel Schenkel v. Richard Chevrolet
The defendant Richard Chevrolet, Inc.,1 appeals from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner (commissioner), awarding the plaintiff, Noel Schenkel, temporary total disability benefits, in addition to interest and attorney’s fees on the basis of the defendant’s unreasonable delay in t... More...
$0 (08-03-2010 - CT)Marcus Blackwell v. Tullat Mahmood, et al.
The defendants Tullat Mahmood and Two Hundred Eighty Broad Elm, LLC,1 appeal from the judgment in favor of the plaintiff, Marcus Blackwell, for breach of contract, statutory theft, conversion, bad faith and violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq. On appeal, the defendants claim that the court improperly (1) found that they were estopp... More...
$0 (04-27-2010 - CT)Timothy Thibodeau v. American Baptist Churches of Connecticut, et al.
The first amendment to the constitution of the United States and article first, § 3, of the constitution of Connecticut prohibit the state’s involvement in the internal doctrinal matters of religious organizations.<br><br>The first amendment, however, does not necessarily confer to religious organizations immunity from liability arising from tortious conduct.1 Though courts may not inter... More...
$0 (04-26-2010 - CT)Abbott Terrace Health Center, Inc. v. Anna Parawich, et al.
The plaintiff, Abbott Terrace Health Center, Inc., appeals from the judgment of the trial court in favor of the defendant William Hulstrunk, also known as William Hulstruck.1 The plaintiff maintains that the court, following the entry of default against the defendant, improperly declined to impose liability thereon. We reverse in part the judgment of the trial court.<br><br>Our recitation of the r... More...
$0 (03-23-2010 - CT)New England Estates, LLC v. Town of Bransford, et al.
This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought... More...
$0 (02-16-2010 - CT)Bacon Construction Co. v. Dept. of Public Works
The defendant, the department of public works, appeals1 from the judgment of the trial court granting the application of the plaintiff, Bacon Construction Company, Inc., to confirm an arbitration award for damages relating to a public works contract between the parties and denying the defendant’s motion to vacate the award, and from the court’s denial of the defendant’s motion... More...
$0 (02-07-2010 - CT)David R. Wilcox v. Webster Insurance, Inc.
The named plaintiff, David R. Wilcox, and the plaintiff Shaun A. Wilcox,1 appeal2 from the trial court’s dismissal of their claims against the defendant Acadia Insurance Company.3 The plaintiffs assert that the trial court improperly granted the defendant’s motion to dismiss on the ground that the plaintiffs lacked standing.4 The defendant responds that the trial court properly concl... More...
$0 (11-25-2009 - CT)Paradigm Contract Management Company v. St. Paul Fire and Marine Insurance Company
This case presents the narrow issue of whether any claim that may be asserted against a labor and material payment bond required by General Statutes (Rev. to 1995) § 49-411 must be asserted within the time limit provided in General Statutes (Rev. to 1995) § 49-42 (b).2 The plaintiff, Paradigm Contract Management Company, brought this action against the defendant, St. Paul Fire and Marine Ins... More...
$0 (10-13-2009 - CT)Lisa K. Massad v. Sarah J. Greaves
If a lawsuit has been improperly removed from a state court to a federal court, federal law requires the federal court to order a remand and authorizes the federal court to make an award of costs and attorney’s fees. See 28 U.S.C. § 1447 (c).1 In the present case, the federal court made an award of attorney’s fees and costs but directed that the supporting documentation justifying... More...
$0 (08-25-2009 - CT)Dennis W. Byars v. Staven G. Berg, et al.
The plaintiff,1 Dennis W. Byars, appeals from the summary judgment rendered by the trial court in favor of the defendants, Connecticut Condo Connection and Cathy Luciano.2 The plaintiff claims that the court improperly concluded that his claims are precluded under the doctrine of collateral estoppel. We affirm the judgment of the trial court.<br><br>The following undisputed facts and procedural hi... More...
$0 (09-07-2009 - CT)