NORCOTT, J. An action seeking a writ of quo warranto provides a "limited and extraordinary remedy" that is the "exclusive" avenue under both the common law and General Statutes 52-491 1 for judicial review of, inter alia, a person's qualifications to hold a particular public office. (Internal quotation marks omitted.) Bateson v. Weddle, 306 Conn. 1 , 10-11, 48 A.3d 652 (2012). In this public interest appeal, we consider whether, when an administrative agency has issued a license,...
PER CURIAM. The defendant, Donald Gallo, was convicted, after a jury trial, of assault of public safety personnel in violation of General Statutes 53a-167c (a)(1), 1 assault of public safety personnel in violation of 53a-167c (a)(2) and interfering with a peace officer in violation of General Statutes 53a-167a. 2 The trial court rendered judgment in accordance with the verdict, and the defendant appealed to the Appellate Court, which affirmed the judgment of the trial court. State v....
VERTEFEUILLE, J. The defendant TD Banknorth, N.A. (bank), held mortgage and security interests in real and personal property located in Wallingford and Meriden and owned by the defendants Groth Family Limited Partnership, the Mountainside Corporation and/or James A. Groth (collectively, debtors). The real property was operated as a commercial special events facility and the personal property consisted of items used to operate the facility. The named plaintiff, Frederick C. Ulbrich, was the...
NORCOTT, J. The principal issue in this appeal is whether, by bringing a cause of action against a private party, the state of Connecticut waives its sovereign immunity for all counterclaims against it, including those seeking monetary damages. The plaintiffs, the Department of Information Technology and its Chief Information Officer, 1 appeal 2 from the judgment of the trial court, rendered after a jury trial, awarding the named defendant, Computers Plus Center, Inc., 3 $18.3 million on...
PALMER, J. The named plaintiff, Michele DiLieto, 1 commenced this medical malpractice action against the named defendant, County Obstetrics and Gynecology Group, P.C. (County Obstetrics), and the defendants Scott Casper, a physician employed by County Obstetrics, and Yale University School of Medicine, 2 alleging that they negligently had removed her reproductive organs and pelvic lymph nodes. Following a trial, the jury found the defendants liable and awarded $5,200,000 to the substitute...
NORCOTT, J. The determinative question in this appeal 1 is whether the trial court properly limited the scope of its review when it denied an application, filed by the plaintiff, AFSCME, Council 4, Local 1303-325 (union), to vacate an arbitration award (award), which concluded that a grievance challenging the decision of the defendant, the town of Westbrook (town), not to reappoint its assessor, Ivan Kuvalanka, to a successive term of office was not arbitrable. Specifically, the union claims...
ESPINOSA, J. The sole issue presented in this certified appeal is whether the Appellate Court properly dismissed, for lack of subject matter jurisdiction, the plaintiffs' interlocutory appeal from the trial court's order imposing monetary sanctions on the plaintiffs, Karen Incardona, in her capacity as the executrix 1 of the estate of Hazel Smart, and in her capacity as the executrix of the estate of Harold Smart, 2 for failure to comply with a discovery order. 3 The plaintiffs argue that...
NORCOTT, J. The primary issue in this certified appeal is whether an arbitration panel properly ordered the plaintiff, the town of Marlborough (town), to reinstate a former town assessor, Emily Chaponis, to her position because the termination of her employment, which had followed the expiration of her term of office, violated the applicable collective bargaining agreement (agreement). The town appeals, following our grant of certification, 1 from the judgment of the Appellate Court...
ZARELLA, J. The issue presented in this case is what standard of proof should be applied in physician disciplinary proceedings before the defendant, the Connecticut Medical Examining Board (board). The plaintiff, Charles Ray Jones, a physician, claims that the Appellate Court incorrectly concluded that the preponderance of the evidence standard applied in his disciplinary hearing before the board and should have concluded that the clear and convincing evidence standard of proof was applicable....
PALMER, J. The defendant, John Dupigney (petitioner), appeals from the dismissal of his petition for postconviction DNA testing, filed in accordance with General Statutes 54-102kk, 1 which requires the court to "order DNA testing if it finds that... [a] reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing...." General Statutes 54-102kk (b)(1). In 2000, the petitioner was convicted of...
ROGERS, C.J. The issue to be decided in this appeal is whether an arbitrator's award violates public policy when an employer's decision to dismiss an employee who has engaged in sexual harassment is reduced to a one year suspension without pay. The Appellate Court affirmed the judgment of the trial court vacating on public policy grounds an arbitration award reinstating the grievant, Scott Gamache, to his employment with the plaintiff, the state of Connecticut. State v. AFSCME, Council U,...
McDONALD, J. Connecticut's child support guidelines (guidelines); see Regs., Conn. State Agencies 46b-215a-1 et seq.; generally reflect the principle that "the proportion of household income spent on children declines as household income increases." Child Support and Arrearage Guidelines (2005), preamble, (e)(4)(A), p. iv. This principle is reflected in the guidelines' schedule of basic child support obligations (schedule), which supplies presumptive levels of support on the basis of the...
NORCOTT, J. The sole issue in this certified appeal is whether a corporate principal or officer may be held personally liable for the tort of negligent misrepresentation in connection with statements made by that principal or officer that, under the apparent authority doctrine, also create binding contractual liabilities for the corporate entity. The defendant Jeffrey S. Hoffman 1 appeals, upon our grant of his petition for certification, 2 from the judgment of the Appellate Court reversing...
VERTEFEUILLE, J. In this certified appeal, 1 we clarify the requirement that a plaintiff alleging a violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes 42-110a et seq., must make some showing of an "ascertainable loss of money or property" as required by General Statutes 42-110g (a) in order to defeat a defendant's motion for summary judgment. The plaintiff, Eloise Marinos, individually and as administratrix of the estate of Steven F. Meo (Meo), 2 appeals...
ZARELLA, J. In this breach of contract action, the plaintiff, Wyatt Energy, Inc. (Wyatt), appeals from the judgment of the Appellate Court, which affirmed the judgment of the trial court in favor of the named defendant, Motiva Enterprises, LLC (Motiva). 1 Wyatt unilaterally terminated an agreement 2 with Motiva granting Motiva exclusive use of logistical and storage services provided by a gasoline distribution terminal (terminal) owned by Wyatt after Motiva purchased a competing terminal...
ZARELLA, J. The principal issue in this appeal is whether attorneys are protected by the common-law doctrine of absolute immunity 1 against claims of fraud and intentional infliction of emotional distress 2 arising out of their conduct during judicial proceedings. 3 The plaintiff, Robert Simms, appeals from the judgment of the Appellate Court affirming the judgment of the trial court rendered in favor of the defendants Penny Q. Seaman, Susan A. Moch, Kenneth J. Bartschi, Brendon P....
PALMER, J. General Statutes 17b-93 (a) 1 establishes a general rule for a claim for reimbursement of public assistance benefits by the state under which the state has a claim for the full amount of its benefit payments against a beneficiary who has or acquires property of any kind. The sole issue raised by this appeal is whether an exception to that rule set forth in General Statutes 17b-94 (a), 2 which caps the amount of the state's recovery of such aid from the proceeds of a...
EVELEIGH, J. In this certified appeal, 1 the plaintiff, Craig E. Tuckman, appeals from the judgment of the Appellate Court reversing the judgment of the trial court with respect to the financial orders in this action dissolving his marriage to the defendant, Karen R. Tuckman. Tuckman v. Tuckman, 127 Conn.App. 417 , 14 A.3d 428 (2011). The dispositive issues in this appeal are whether: (1) the Appellate Court properly determined that the trial court failed to apply the child support...
PER CURIAM. The defendant, Ketric Barnes, appeals, upon our grant of his petition for certification, 1 from the judgment of the Appellate Court affirming his conviction, rendered after a jury trial, of criminal possession of a firearm in violation of General Statutes 53a-217, possession of narcotics in violation of General Statutes 21a-279 (a), two counts of sale of narcotics by a person who is not drug-dependent in violation of General Statutes 21a-278 (b) and two counts of sale of...
NORCOTT, J. This is the latest chapter in the efforts of the plaintiffs, including the named plaintiff and defendant in error, the commissioner of environmental protection (commissioner), 1 to close and remediate an area commonly known as the "tire pond," a solid waste disposal area straddling the Hamden and North Haven town boundaries that is on land owned by the defendants, Joseph Farricielli and various corporate entities that he owns or controls (corporations). 2 The nonparty plaintiff...
