RULING ON LEAD PLAINTIFFS' MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF PROFESSOR DAVID DENIS ALVIN W. THOMPSON, District Judge. For the reasons set forth below, the Motion to Exclude the Expert Report and Testimony of David Denis is being denied. I. BACKGROUND The court assumes familiarity with the factual background of the case. See In re Xerox Corp. Sec. Litig., 165 F.Supp.2d 208 (D.Conn.2001). In brief, as alleged in the Amended Consolidated Class Action Complaint (Doc....
RULING RE: DEFENDANT'S MOTION TO DISMISS FOR IMPROPER VENUE AND MOTION IN THE ALTERNATIVE TO TRANSFER VENUE (Doc. No. 10) JANET C. HALL, District Judge. I. INTRODUCTION Plaintiff Kun Shan Ge Rui Te Tool Co., Ltd. ("Kun Shan") brings this action against defendant Mayhew Steel Products, Inc. ("Mayhew Steel") for alleged infringements by Mayhew Steel of an exclusive patent for a "Telescopic Light Device." Kun Shan asserts two causes of action: (1) patent infringement in violation of 35 U.S.C....
ORDER OF REMAND STEFAN R. UNDERHILL, District Judge. Patricia McIntire brings this action pursuant to the Social Security Act ("the Act"), 42 U.S.C. 405(g) and 1383(c)(3), seeking review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application for continuing disability benefits under Titles II and XVI of the Act, 42 U.S.C. 423(f), 1382c(a)(3)(A). McIntire moves for remand 1 or reversal, arguing that the decision of the Administrative Law...
RULING AND ORDER AWARDING PUNITIVE DAMAGES STEFAN R. UNDERHILL, District Judge. Barbara Izzarelli smoked Salem King cigarettes for over twenty-five years until she was treated for larynx cancer in 1997. In 1999, she brought suit against the manufacturer of Salem Kings, R.J. Reynolds Tobacco Co. ("R.J. Reynolds"). On May 26, 2010, a jury returned a verdict in Izzarelli's favor, finding that R.J. Reynolds was liable for her injuries under the theories of strict liability and negligent design....
RULING ON MOTIONS TO DISMISS STEFAN R. UNDERHILL, District Judge. This case involves the constitutional and tort claims of a group of plaintiffs who were the subject of an early-morning immigration raid in June 2007. The plaintiffs have sued the immigration officers who conducted the raid, the officers' supervisors, and the United States, alleging violations of the Fourth and Fifth Amendments, as well as state law tort violations such as negligent hiring, training, and supervision. In...
RULING AND ORDER ROBERT N. CHATIGNY, District Judge. Plaintiff Kenneth Jones brings this action against defendants Midland Funding, LLC ("Midland") and Midland Credit Management, Inc. ("MCM") claiming that a debt collection letter he received from MCM violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, et seq., and two state statutes, the Creditors' Collection Practices Act, Conn. Gen.Stat. 36a-645, et seq. ("CCPA") and the Connecticut Unfair Trade Practices...
Ruling and Order on Plaintiff's Motion for Remand Before New ALJ THOMAS P. SMITH, United States Magistrate Judge. On May 28, 2010, the plaintiff, Melisa Card, filed a motion to reverse the decision of the defendant, the Commissioner of the Social Security Administration (the "Commissioner"), denying her application for Social Security Disability Insurance("SSDI") benefits. In the alternative, the plaintiff moved the court to remand her case for a new administrative hearing. On June 24,...
RULING ON MOTION FOR PARTIAL SUMMARY JUDGMENT JANET BOND ARTERTON, District Judge. Plaintiffs Tania Corfey ("Tania") and Sabrina Corfey ("Sabrina") bring suit against the Rainbow Diner of Danbury, doing business as the Three Brothers Diner ("Three Brothers"), its owner Nick Kallivrousis ("Nick"), and his wife Teresa Kallivrousis ("Teresa"), alleging sexual harassment in violation of the Connecticut Fair Employment Practices Act ("CFEPA"), Conn. Gen. Stat. 46a-60(a)(8) (Count One) and Title...
RULING ON MOTION FOR PARTIAL SUMMARY JUDGMENT ALVIN W. THOMPSON, District Judge. Defendants and third-party plaintiffs Universal Capital Management, Inc. ("UCM"), Michael Queen ("Queen"), William Colucci ("Colucci"), Joseph Drennan ("Drennan"), Thomas Pickard ("Pickard"), Jeffrey Muchow ("Muchow") and Steven Pruitt ("Pruitt")(collectively, the "Defendants") have moved for partial summary judgment against plaintiff McCrae Associates, LLC ("McCrae"). They seek summary judgment on the Second...
RULING AND ORDER MARK R. KRAVITZ, District Judge. This case arises from an August 14, 2009 fire at the Yankee Boat Yard and Marina ("Yankee Boat Yard") in Portland, Connecticut. The fire destroyed Petitioner Robert Carter, Jr.'s motorboat, the Indigo Sky, and damaged other boats and property stored on land at the Yankee Boat Yard. The Indigo Sky may have been the source of the fire. Pursuant to the Exoneration and Limitation of Liability Act ("Limitation Act"), 46 U.S.C. 30501 et seq.,...
RULING ON MOTION FOR SUMMARY JUDGMENT ALVIN W. THOMPSON, District Judge. The plaintiff, Scottsdale Insurance Company ("Scottsdale"), brings this action against defendants R.I. Pools, Inc. ("R.I. Pools"), Vincenzo Iannone and Franco Iannone (the "Iannones"), and the owners of 19 swimming pools built by R.I. Pools. The owners of these 19 swimming pools have complained to R.I. Pools about cracking in the concrete walls and floors of their pools. The owners of three of the swimming pools have...
RULING ON MOTION FOR SUMMARY JUDGMENT— FREIMOUR JANET BOND ARTERTON, District Judge. In this case, whose procedural background is described in the Court's ruling on the United States' summary judgment motion against codefendant Frank Gallagi [Doc. # 264], the United States moves for summary judgment against Beth Freimour, to recover the value of transfers it claims were constructively and intentionally fraudulent in violation of the Federal Debt Collection Procedure Act ("FDCPA"). I. Factual...
RULING ON MOTION FOR SUMMARY JUDGMENT— GALLAGI JANET BOND ARTERTON, District Judge. In this action brought by the United States and Cendant Corporation ("Cendant") to enforce the Restitution Order imposed on Defendant Walter A. Forbes by setting aside alleged fraudulent transfers of Forbes' assets to, or with the assistance of, the other defendants, the United States now moves for summary judgment against Frank Gallagi, to recover the value of constructive and intentional fraudulent transfers...
MEMORANDUM OF DECISION MARK R. KRAVITZ, District Judge. In this case, the Plaintiff, Master-Halco, Inc. ("Master-Halco"), a manufacturer of fencing materials, has brought claims of fraudulent misrepresentation, aiding and abetting fraud, and civil conspiracy against the Defendants, Scillia, Dowling & Natarelli, LLC, an accounting firm; two of the firm's certified public accountants ("CPAs"), Joseph Natarelli and Robert Mercado; and its parent company, UHY, LLC. See Compl. [doc. # 15]. The...
RULING AND ORDER MARK R. KRAVITZ, District Judge. This case, which proceeds to trial in less than two weeks, includes allegations that the Defendant accounting firm conspired with a third party, Michael Picard, to defraud the Plaintiff Master-Halco, Inc. out of a substantial sum of money. Mr. Picard and his company, Atlas Fence ("Atlas"), were customers of Master-Halco and clients of the Defendant accounting firm. At the risk of overgeneralization, Master-Halco says that the Defendants...
MEMORANDUM OF DECISION MARK R. KRAVITZ, District Judge. Currently pending before the Court is a motion in limine, filed by Defendants, that seeks to preclude Plaintiff Master-Halco from eliciting testimony at trial regarding its claim that Defendants aided and abetted Michael Picard—the director of Atlas Fence—in breaching a fiduciary duty he owed Master-Halco, a creditor of Atlas Fence. See Defs.' Mem. in Supp. of Omnibus Mot. in Limine [doc. # 82] at 21-23. The Court assumes...
RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JANET BOND ARTERTON, District Judge. Through her parents and next friends William K. Bass ("Mr. Bass") and Nina B. Bass ("Dr. Bass"), Plaintiff Tatum Bass ("Plaintiff" or "Tatum") brings suit against her former high school, Miss Porter's School ("Porter's"), and its Head of School, Katherine Windsor, alleging that for their decision to expel her and their conduct leading up to that decision, Defendants are liable for breach of express contract,...
RULING ON CROSS-MOTIONS FOR JUDGMENT ON THE ADMINISTRATIVE RECORD CHARLES S. HAIGHT, JR., Senior District Judge. Plaintiff Paige Fairbaugh brings this action against Defendant Life Insurance Company of North America, doing business as CIGNA Group Insurance ("LINA" or "CIGNA"), for violation of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1001, et seq. ("ERISA"). Plaintiff, who has Multiple Sclerosis ("MS"), is a participant in an ERISA welfare benefit plan...
RULING ON MOTION FOR RECONSIDERATION ELLEN BREE BURNS, Senior District Judge. Pending before the Court in this habeas corpus proceeding is Kevin Carter's ("Carter") motion for reconsideration 1 of the Court's denial of his petition to vacate his conviction and sentence [doc. # 22]. 2 Specifically, Carter asks the Court to reconsider his claim that his counsel was ineffective in not contesting the sentence enhancements he received for being a career offender and armed career criminal. 3...
RULING AND ORDER DISMISSING INDICTMENT FOR IMPROPER VENUE JANET BOND ARTERTON, District Judge. On April 21, 2010, a grand jury returned a Second Superseding Indictment against Defendant Douglas Perlitz, charging him with having "traveled in foreign commerce from the United States to Haiti" with the purpose of engaging in, and thereafter actually engaging in, "illicit sexual conduct. . . with other persons under 18 years of age," in violation of 2423(b) and 2423(c) of Title 18 of the...
