MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WARREN W. EGINTON, Senior District Judge. Plaintiff Gail LeFoll filed this action individually and on behalf of a class of similarly situated individuals against defendants Key Hyundai of Manchester LLC ("Key") and Citizen's Automobile Finance Inc. ("Citizen's") alleging violation of the Truth in Lending Act, 15 U.S.C. 1601 et seq. ("TILA"). Plaintiff claims Key failed to conspicuously disclose the first date that...
RULING AND ORDER ROBERT N. CHATIGNY, District Judge. I. BACKGROUND .................................................................15 A. Parties ................................................................15 B. Technology .............................................................16 1. Diesel Engines .....................................................16 2. Engine Brakes ......................................................16 3. Exhaust Brakes .....................................
RULING RE: DEFENDANTS' MOTION TO TRANSFER ( Wilson Doc. No. 264, Harris Doc. No. 14, Vance Doc. No. 9) 1 JANET C. HALL, District Judge. I. INTRODUCTION Christopher Wilson, Regina Ingram, Christian Kalled, Keith Walker, Mabyn Morgan, Daniel Morgan, Raymond Bailey, Shery Bailey, and Robin Varghese (collectively "named plaintiffs") brought the top-captioned lawsuit (" Wilson ") against DirectBuy, Inc. ("DirectBuy"), United Consumers Club, Inc. ("UCC"), and DirectBuy Holdings,...
RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT JANET BOND ARTERTON, District Judge. Plaintiffs CTO Associates Limited Partnership ("CTO") and Eight St. James Leasing Co., Inc. ("ESJ") sued Defendants Conopco, Inc. ("Conopco") and Unilever United States, Inc. ("Unilever United States") for breach of warranty, anticipatory breach of ground lease, breach of sublease, breach of implied covenant of good faith and fair dealing, breach of quiet enjoyment, tortious interference with business expectancy,...
RULING ON MOTION FOR SUMMARY JUDGMENT JANET BOND ARTERTON, District Judge. Plaintiff Roderick Buotote sued Defendant Illinois Tool Works, Inc. d/b/a ITW Highland ("Highland") under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101, et seq. and the Connecticut Fair Employment Practices Act ("CFEPA"), Conn. Gen.Stat. 46a-60(a)(1). 1 Defendant moves for summary judgment on all counts, and for the following reasons, Defendant's motion for summary judgment will be granted in full....
RULING ON DEFENDANT JAGUAR LAND ROVER NORTH AMERICA, L.L.C.'S MOTION TO DISMISS ELLEN BREE BURNS, Senior District Judge. Defendant Jaguar Land Rover North America, L.L.C. ("JLRNA"), the manufacturer and marketer of Jaguar and Land Rover automobiles, moves to dismiss all four counts of the second amended complaint ("Second Amended Complaint") filed against it by the plaintiff Miller Automobile Corporation, d/b/a Darien Automotive Group ("Darien"), a Jaguar dealership in Darien, Connecticut....
RULING ON MOTION FOR SUMMARY JUDGMENT CHRISTOPHER F. DRONEY, District Judge. The plaintiff, Bruce Boys, brought this action against the defendant, Continental Casualty Company ("Continental"), as a judgment creditor of Morris I. Olmer to collect from Olmer's Professional Liability Insurance Policy issued by Continental (the "Policy"). The plaintiff claims that Continental is liable for the full amount of the judgment, pursuant to Conn. Gen.Stat. 38a-321. The plaintiff also claims that...
RULING ON MOTION FOR A NEW TRIAL AND RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW STEFAN R. UNDERHILL, District Judge. Barbara Izzarelli smoked Salem King cigarettes for over twenty-five years until she was diagnosed and treated for larynx cancer at the age of 36. On May 26, 2010, after fourteen days of evidence, a jury determined that R.J. Reynolds Tobacco Company ("R.J. Reynolds"), the manufacturer of Salem King cigarettes, was 58% responsible for Izzarelli's injuries, under theories of...
RULING RE: MOTION FOR SUMMARY JUDGMENT (Doc. No. 158) JANET C. HALL, District Judge. I. INTRODUCTION The plaintiff, Gary L. Tatum ("Tatum"), brings this lawsuit against defendants Mary Christina Oberg ("Oberg") and the law firm, Ford, Oberg, Manion and Houck, P.C. ("FOMH"), alleging breach of contract and legal malpractice. Oberg, an attorney at FOMH, previously represented Tatum in an action to dissolve Tatum's marriage to Kathleen J. Murphy ("Murphy"). The defendants now move the court for...
RULING TUCKER L. MELAN ON, District Judge. I. History of the Proceeding from the date trial commenced on July 26, 2010 This matter was tried to the Court on July 26-29, August 10-12, September 23, 2010 and April 12-15, 18-21, 25-28, May 2, 3, and 5, with testimony concluding on May 6, 2011. At the close of trial, the Court advised the attorneys for the parties that it would issue either an oral or written ruling as soon as practicably possible after receipt of the attorneys' post-trial...
RULING ON MOTIONS FOR SUMMARY JUDGMENT JANET BOND ARTERTON, District Judge. On May 8, 2007, Plaintiffs Eugene Kuzinski, Marc Campano, Jerry Harris, and Shawn Jones filed an Amended Complaint against Defendant Schering Corporation ("Schering") on behalf of themselves and other Schering Pharmaceutical Sales Representatives alleging that Schering misclassified them as exempt from the overtime provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq. Schering previously...
RULING RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Doc. No. 54) JANET C. HALL, District Judge. I. INTRODUCTION Plaintiffs, Drita and Florim Gashi ("Gashis"), bring this case against defendants Grubb & Ellis Property Management Services, Inc. ("Grubb & Ellis") and Prospect Grove Condominium Association ("Prospect Grove") (hereafter "the defendants"), alleging that the defendants discriminated against the Gashis on the basis of their familial status, in violation of the Fair Housing...
RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PETER C. DORSEY, District Judge. Plaintiff Carl Johnson, a current employee of the State of Connecticut, brings this action against his employer, State of Connecticut Judicial Branch. Plaintiff alleges that Defendant discriminated against him on the basis of his race in violation of Title VII and the Connecticut Fair Employment Act, General Statutes 46a-60, when Defendant did not promote him from a temporary to a full-time position....
RULING RE: DEFENDANTS' MOTIONS TO DISMISS (Doc. Nos. 88, 141) AND FOR JUDGMENT ON THE PLEADINGS (Doc. No. 101) JANET C. HALL, District Judge. I. INTRODUCTION Plaintiffs, Chabad Lubavitch of Litchfield County, Inc. ("the Chabad"), and Rabbi Joseph Eisenbach, bring this action against defendants, the Borough of Litchfield, Connecticut ("the Borough") and the Historic District Commission of the Borough ("the HDC") (collectively, "Borough defendants"); and Wendy Kuhne, Glenn Hillman, and...
RULING RE: DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAY LITIGATION [Doc. No. 15] JANET C. HALL, District Judge. The plaintiff, Teshema Lucy, brings this action on her own behalf, and seeks to bring the action on behalf of all others similarly situated, against the defendants, Bay Area Credit Services LLC ("Bay Area Credit"), alleging multiple violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692e(10), 1692f(1), as well as violations of the Connecticut...
RULING AND ORDER MARK R. KRAVITZ, District Judge. Pending before the Court are Third-Party Defendant Mark Singer's Motion to Set Aside Verdict [doc. # 333] and Corrected Motion to Set Aside Verdict [doc. # 334]. Mr. Singer moves as follows: (1) to set aside the verdict and enter judgment in his favor, or grant a new trial, on the basis that the Third-Party Plaintiffs failed to present evidence on which they were entitled to indemnification as a matter of law, pursuant to Rule 50(b) of the...
RULING ON PLAINTIFFS' MOTION FOR PREJUDGMENT REMEDY AND DEFENDANTS' MOTION TO STAY PROCEEDING HAIGHT, Senior District Judge: Plaintiffs (collectively, "the Funds") seek a prejudgment remedy ("PJR") to secure from the Defendants (collectively, "the Employers") their claimed damages. The parties have fully briefed the issue, including providing supplemental briefing, and appeared before the Court via teleconference. [Doc. 44.] The PJR application is now ripe for decision. For the following...
RULING ON MOTION FOR SUMMARY JUDGMENT STEFAN R. UNDERHILL, District Judge. On May 28, 2003, plaintiff Stonington Water Street Assoc., LLC ("Stonington") entered into a contract with Hodess Building Company, Inc. ("Hodess") for the construction of a condominium complex ("the project") on Water Street in Stonington, Connecticut. The project had a contract cost $20,095,100 and a substantial completion date of November 22, 2004. National Fire Insurance Company of Hartford ("National Fire")...
MEMORANDUM OF DECISION AND ORDER DOMINIC J. SQUATRITO, District Judge. The Plaintiff, Greg V. Johnson ("Johnson"), brings this diversity action against the Defendant, Walden University, Inc. ("Walden"), raising claims of fraudulent misrepresentation, negligent misrepresentation, violation of the Connecticut Unfair Trade Practices Act ("CUTPA"), breach of implied contract, promissory estoppel, and breach of implied covenant of good faith and fair dealing. Now pending before the court is...
MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS [Doc. # 14] VANESSA L. BRYANT, District Judge. Plaintiff, Robert Shlafer ["Shlafer"] initiated this action against his employer, Defendant Wackenhut Corporation ["Wackenhut"], alleging discrimination on the basis of age and physical disability pursuant to the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ["ADA"], the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634 ["ADEA"]...
