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How to Avoid Unintended Claims Consequences to the Surety

Matthew Horowitz’s article, “How to Avoid Unintended Claims Consequences to the Surety,” has been published in Surety Bond Quarterly, Summer 2022, Vol. 9, Issue 2. “Bond producers should always timely advise the surety of circumstances that might give rise to a claim as well as consult with the surety before making commitments that might impair…

Favorable Appellate Court Decision Obtained for Insurer

Deborah Etlinger and Erin Canalia obtained a favorable Appellate Court decision on behalf of their insurance company clients in Kinity v. US Bancorp, 212 Conn. App. 791 (2022). The Trial Court had granted summary judgment in favor of the insurers and the insured appeal. While the appeal was pending, a settlement was reached and the…

Sale of Family-Owned Oil Company

The Krall Oil Company, an institution in the New Haven area, was recently sold to Petro, Inc. for a mid-seven figure price. The over 90-year-old, multi-generational business was sold by George Krall, president and son of the company’s founder. Mr. Krall determined that given the present valuations of oil companies, now was the best time…

Successful Refinancing of Amity Physical Therapy

Amity Physical Therapy, a successful and growing physical therapy business, with offices in Woodbridge, Hamden, Branford, Milford, and soon in Wallingford, successfully completed the refinancing of its indebtedness with the assistance of a detailed refinancing plan created by Vice President Brett Eagleson of Guilford Savings Bank and with the assistance of the SBA 504 Loan…

Defense Verdict Obtained in Motor Vehicle Case

Sean R. Caruthers obtained a defendant’s verdict at a recent jury trial in Middletown Superior Court. The plaintiff, a back seat passenger of the defendant, claimed life-altering personal injuries, including traumatic brain injury, multiple fractures, and lost wages, arising out of an incident where the defendant lost control of his vehicle, crossed over into oncoming…

Sale of Danbury Industrial Property After Resolution of Decade-long Dispute

Attorney Marc T. Miller recently represented a prominent Danbury real estate development company in the successful sale of a 115,000 square foot industrial building in Danbury, Connecticut. The property had been languishing on the open market for more than a decade due to the pending legal dispute between parties. Consequently, the dispute prevented the owner…

Sale of Quinnipiac River Marina is Completed

Attorney James S. Brownstein was called upon by members of a well-known New Haven family to mediate a five-plus years-old dispute which had prevented the sale of the Quinnipiac River Marina and surrounding properties. After reviewing the lengthy history resulting in the impasse between the parties, Attorney Brownstein came up with a new perspective and…

Favorable Result of an Audit Challenge

OptumRx, a company working with United Health Care to manage United’s pharmacy benefits for individuals insured under those plans, conducted an audit of NPM’s client in connection with some prescribing “anomalies” alleged by Optum.  Our client has its own in-house pharmacy where it dispenses many different drugs for pain management. The arrangement is beneficial for patients…

Defense Verdict Obtained on Behalf of a Connecticut Dental Practice

Gretchen G. Randall has obtained a defense verdict on behalf of a dental practice following a recent jury trial in Hartford Superior Court. The plaintiff, a former patient of the practice, claimed that she suffered personal injuries, including neck and shoulder injuries, resulting from the negligence of the dental assistants who participated in her care. Specifically,…

Judgment Lien Foreclosure in Connecticut

Foreclose Judgment Liens to Satisfy Money Judgments Creditors can secure money judgments by filing judgment liens on debtor-owned real estate.  Similar to a mortgage, judgment liens can be foreclosed, permitting liquidation of the debtor’s real estate to satisfy the judgment debt.  For this reason, recording judgment liens should be among the first steps taken by…

Defense Verdict Obtained on Behalf of CSAA Affinity Insurance Co.

We are pleased to announce that Sean R. Caruthers, partner with the firm’s insurance defense group, on December 2, 2021, obtained a defendant’s verdict in a jury trial on behalf of CSAA Affinity Insurance Co. in the Connecticut Superior Court for the judicial district of Tolland at Rockville. The jury deliberated for about thirty minutes…

Judgment Liens in Connecticut: How to Secure Money Judgments

Secure Money Judgments by Filing Judgment Liens on Real Estate Money judgments entered in Connecticut can be secured by filing a Judgment Lien on Connecticut real estate owned by the judgment debtor.  Recording judgment liens on real estate should be among the first steps taken by judgment creditors after obtaining a money judgment.  Included among…

Deficiency Judgments in Connecticut: How to Collect Post Foreclosure Debt

Lenders Can Pursue Borrowers for Loan Debt Remaining After Foreclosure by Obtaining a Deficiency Judgment Lenders are frequently left with a balance remaining on the loan (commonly referred to as the “deficiency”) after completing a foreclosure of the real estate collateral for the loan. This is the case if the loan debt exceeds the value…

Replevin in Connecticut: How to Obtain Possession of Personal Property Collateral

Lenders Can Obtain Possession of Personal Property Collateral Through Replevin Collateral for commercial loans often includes personal property of the borrower, evidenced by a security agreement and perfected through a UCC-1 financing statement filed with the Secretary of State.  If the loan goes into default, the lender should consider pursuing a replevin lawsuit as part…

Lease Co-tenancy – A Cautionary Tale

To say that the Covid-19 crisis has changed virtually every aspect of life as we knew it is an understatement. Why should leasing be immune? At least in the pre-Covid-19 days, while landlords and tenants could not control uncertainty, at least they had a somewhat communal understanding of a defined set of market risks and…

COVID-19 Update: NPM’s Message to Clients and Colleagues

Neubert, Pepe & Monteith, P.C.’s (“NPM”) offices have remained open throughout Connecticut’s Stay Safe, Stay Home policy. The offices have been maintained with a minimal staff, with remaining personnel working remotely. Our goal has been, and continues to be, serving your legal needs during this challenging time. The State’s guidelines for Offices, together with our…

Defense Verdict in Property Damage Action

We are pleased to announce that Sean R. Caruthers, counsel with the firm’s insurance defense group,  obtained a defendants’ verdict in a recent trial held in the Connecticut Superior Court for the judicial district of New Haven. The case, styled Nyberg-Hendricks v. Matthews, involved interesting issues of property damages, double recovery, settlement, and estoppel. The…

Collections in Connecticut: How Creditors Can Pursue Multiple Collateral Sources Simultaneously

Introduction Creditors often receive more than one source of security for their commercial loans. Often, this is a mortgage on the borrower’s real estate, and a security interest in the borrower’s personal property (e.g. equipment, machinery, inventory, accounts receivable, etc.). If the loan goes into default, it is permissible, and sometimes advisable, for the creditor…

Rent Receivers in Connecticut Foreclosures

Contested foreclosure actions in Connecticut can be protracted, taking more than a year to complete. If there are tenants in the property being foreclosed (e.g. commercial building, multi-tenant apartment), it is common that rental income is being generated from the property, tenant issues arise (including lease and evictions matters), property maintenance and repairs are required,…

Cross-Plan Offsetting: The Latest Abuse of Providers by Commercial Managed Care Payors

In January 2019, the Eighth Circuit published its opinion in Peterson v. UnitedHealth Group, Inc. Peterson involved a widely used practice by some commercial insurers in which the payors withhold payments to providers for services provided to insureds, which the payor believes were previously paid in error. The payors offset the amount of the alleged…

Defense Verdict for Attorney Adam Maiocco in Hartford Superior Court

On October 5, 2018, after a three-day trial, a Hartford jury returned a defense verdict in favor of John Chiarizio, who was represented by Attorney Adam Maiocco, a Partner at Neubert, Pepe & Monteith, P.C. The plaintiff, a 26-year-old school teacher, claimed that Chiarizio, then 16 years old, ran a red light at an intersection…

Foreclosures in Connecticut: How to Remove Tenants Post Foreclosure

A foreclosure action in Connecticut is completed, most notably, when title to the property that is being foreclosed passes to the new owner. This event alone, however, often does not give the new owner the right to immediately remove tenants who remain in the foreclosed property. Ejecting tenants post foreclosure can add significant delay and…

More Fallout from the Opioid Crisis

The ripple effects of the hundreds of thousands, perhaps millions, of Americans dealing with addiction issues are reaching into our neighborhoods further than ever. As recovering addicts leave the numerous programs established to help them kick their addiction, it is increasingly clear that housing arrangements are needed for many of them to help these individuals…

Summary Judgment Granted in Favor of Hospital in Medical Malpractice Case

On January 2, 2018, a Hartford superior court judge granted summary judgment in favor of a Connecticut hospital on a plaintiff’s negligence claims. The plaintiff alleged that she had suffered injuries due to a fall that occurred while she was an inpatient at the defendant hospital. Representing the hospital, Gretchen G. Randall and Emily McDonough…

Collateral Source Reductions Are Barred If Right of Subrogation Exists in Any Amount

The Connecticut Supreme Court in Marciano v. Jimenez, 324 Conn. 70 (2016) recently clarified the law regarding the availability of a collateral source reduction when a right of subrogation exists. The Court held that when a right of subrogation exists in any amount a trial court cannot make any collateral source reduction for damages. Marciano…

Motion for Directed Verdict Granted in Apparent Agency Case

After three weeks of trial, Eric Stockman and Sandy Roussas recently won a defense verdict on behalf of Lawrence & Memorial Hospital. The case, Porucznik v. Lawrence & Memorial Hospital, et al., was one of a series of novel product liability cases now pending in Waterbury Superior Court involving the implantation of mesh devices for…

Post Judgment Interest When Enforcing a Loan in Connecticut

A money judgment entered in Connecticut is enforceable for twenty years. This is advantageous from a creditor perspective because collecting a judgment can be more difficult than obtaining the judgment. For these reasons, creditors should always seek an award of post judgment interest as a component of the judgment. For example, post judgment interest of…

Summary Judgment Granted in Favor of Hospital and Obstetrician in Birth Injury Case

On March 21, 2017, after five years of litigation, a New London Superior Court judge granted summary judgment in favor of a Connecticut hospital and an obstetrician as to the plaintiff’s claims that those defendants were negligent in their prenatal care of the patient. Plaintiff claimed that the defendants’ alleged negligence caused her infant son…

Connecticut’s Prejudgment Remedy

Connecticut has a powerful debt collection tool called the Prejudgment Remedy. A prejudgment remedy allows creditors, at the beginning of a lawsuit, to attach property of the debtor in order to secure debt that is otherwise unsecured prior to the creditor obtaining a final judgment. The Process to Obtain a Prejudgment Remedy The creditor begins…

Neubert, Pepe & Monteith, P.C. Wins Defense Verdict in Birth Injury/Wrongful Death Suit

Attorneys Eric Stockman and Adam Maiocco won a hard fought defense verdict in a birth injury/wrongful death case this past Friday. In opening statements, plaintiff’s counsel demanded $18.5 million from the jury. In the case, Estate of Dylan Hoffman v. Margolis et al, involved allegations that our clients, three neonatologists and their practice group, negligently…

Neubert, Pepe & Monteith Obtains Defense Verdict in Favor of General Surgeon

On November 1, 2016, following a two-week trial of a medical malpractice case before Judge Cesar Noble, a Hartford jury rendered a defense verdict in favor of Dr. Matthew Dukehart, a general surgeon affiliated with Eastern Connecticut Medical Professionals Foundation. Attorneys Michael D. Neubert and Gretchen G. Randall represented Dr. Dukehart and his employer. The…

Apparent Agency Now Permitted In Medical Malpractice Actions

In its newly-released decision in Cefaratti v. Aranow, a divided Connecticut Supreme Court (4-3) has significantly expanded the scope of potential liability and available theories of recovery against Connecticut hospitals and other institutional defendants in medical malpractice actions. Addressing an issue that had received inconsistent treatment at the trial court level for years and one…

Norwalk Hospital Prevails in Premises Liability Action

On June 3, 2016, the defense team of Michael Neubert and Adam Maiocco obtained judgment in favor of Norwalk Hospital in a premises liability action tried in Stamford Superior Court before Judge Donna Heller. The plaintiff claimed to have sustained a torn meniscus, and subsequently a torn rotator cuff, as a result of a fall…

Prescription Opioid Deaths Need Solutions Not Crime Scene Forensics

As predicted, the world is being turned upside down for some people who may have been involved in some tangential way, to the overdose deaths of those either in their care or in their family. In one instance, a doctor who prescribed an opioid medication for a patient was “interviewed” by police for four hours…

What’s in Store for Opioid Prescription Legislation?

Coming on the heels of a Connecticut doctor being sent to prison for sloppy prescription of opioids, and a California doctor convicted of manslaughter for her opioid prescribing practices, it is small wonder that the senate confirmation of Dr. Robert Califf to head up the FDA was done amid a cacophony of commentary from politicians…

U.S. Supreme Court Decision Protects Healthcare Providers

On January 20, 2016, the United States Supreme Court issued a decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan. The Montanile decision limits a payor’s (e.g. United, Anthem, Connecticare, Aetna or Cigna) ability to recover overpayments made on behalf of an ERISA plan to a non-participating provider. In…

Alternative Dispute Resolution – Multi-State Managed Care

The health care market is engaged in a consolidation of both provider groups and insurers. Among other aggregations, provider groups are combining into hospital-based mega-groups and networks of community-based and hospital-based clinicians. This consolidation is creating some of the largest health care provider groups this country has ever seen. Examples on the provider side are…

Court Affirms Judgment for Defendant Hospital in Premises Liability Action

On December 15, 2015, the Connecticut Appellate Court released a decision affirming the trial court’s entry of judgment in favor of defendant Manchester Memorial Hospital (the “Hospital”) in a slip and fall case brought by plaintiff Maria Diaz. Ms. Diaz claimed that she sustained physical injuries when she slipped and fell on an icy sidewalk…

Lease Co-Tenancy – Reasons for Care

Many commentators (including a number from the College) have discussed the dangers associated with co-tenancy lease provisions and the need for careful draftsmanship. The cases of Kleban Holding Co., LLC v. Ann Taylor Retail, Inc., No. 3:11-CV-01879 (VLB), 2013 U.S. Dist. LEXIS 168231 (D. Conn. Nov. 26, 2013)† and Grand Prospect Partners, L.P. v. Ross…

“Non-delegable Duty” – Groundbreaking Appeal Decision

Attorneys Eric Stockman and Simon Allentuch recently won a groundbreaking appeal decision on behalf of Stamford Hospital in Tiplady v. Maryles, et al. In Tiplady, plaintiff claimed that Stamford Hospital could be liable for the acts of emergency room physicians under a novel theory of “non-delegable duty”, the premise of which is that various state…

Directed Verdict Won on Behalf of Yale-New Haven Hospital

Attorneys Eric Stockman and Sandy Roussas recently prevailed in a court-side trial on behalf of YaleNew Haven hospital and its nursing staff. A former patient alleged that he was injured by stepping on the cap of a syringe left in his room by the Yale-New Haven Hospital staff. Plaintiff claimed the injury required three surgeries…

Bystander Emotional Distress- A Viable Claim in Medical Malpractice

The Connecticut Supreme Court recently announced that a bystander may recover damages for emotional distress in the context of a medical malpractice claim under the rule of reasonable foreseeability if the emotional injury is severe and debilitating and is not the result of an abnormal response. Squeo v. The Norwalk Hospital Association, (SC 19283), 2015…

Apparent Agency Claims Not Permitted In Medical Malpractice Actions

The Appellate Court recently released an important decision in Cefaratti v. Aranow, 2014 Conn. App. LEXIS 503 (Dec. 1, 2014), which will significantly impact the scope of potential liability and the available theories of recovery against Connecticut hospitals and other institutional defendants in medical malpractice actions. The Appellate Court definitively addressed an issue that has…

The Byrne Decision: Potential Liability for HIPPA Violations in Connecticut

Based on a recent groundbreaking decision by the Connecticut Supreme Court, healthcare providers in Connecticut should hesitate before producing their patients’ medical records in response to a subpoena. In Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 314 Conn. 433 (Nov. 11, 2014), the Supreme Court provided patients with an avenue to assert state-law…