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Attorneys Sarah Smeriglio and Marc Miller successfully obtained summary judgment and dismissal on 14 counts in favor of their client in a dispute in Stamford Superior Court. The Plaintiff claimed $3,000,000 in damages resulting from a breach of contract for the purchase of a cryptocurrency mining operation. Specifically, Plaintiff claimed the client fraudulently withheld valuable…

Attorney Debbie Etlinger and her team recently secured an early voluntary dismissal on behalf of their client — a design professional who was named as a defendant in a construction accident case. The plaintiff alleged he sustained significant injuries when the floor on which he was working collapsed and he fell through to the floor…

The plaintiff, the biological father and administrator of the estate of his son, brought suit against Manchester Memorial Hospital and an emergency department physician alleging negligence and negligence pe se for failure to report suspected abuse as required by the mandatory reporter statute, Conn. Gen. Stat. § 17a-101a, and negligent infliction of emotional distress upon…

Sean R. Caruthers, a litigation partner in the New Haven office, obtained a defendant’s verdict in a recent jury trial at Bridgeport Superior Court. The plaintiff claimed serious injuries after being struck by the defendant’s vehicle on Backus Avenue near the Danbury Fair Mall.  The jury agreed with Attorney Caruthers that the incident was caused…

On February 28, 2023, Neubert, Pepe & Monteith, P.C. attorney Dennis Carnelli testified before the Connecticut General Assembly’s Joint Committee on Veterans and Military Affairs in support S.B. 1128, An Act Concerning Certain Property Tax Exemptions for Veterans.  If enacted, the bill would provide Connecticut veterans with a 100% disability rating from the U.S. Department of…

Attorneys James A. Alissi and Derek Mello, members of Neubert, Pepe & Monteith, P.C. insurance defense practice team, achieved a great result upon trial to verdict in New Haven Superior Court before Judge Robert Young. Alissi and Mello represented a defendant sued by two plaintiffs seeking damages for personal injuries allegedly arising from a car…

Attorneys Debbie Etlinger, Erin Canalia, and Lauren Astone won a Summary Judgment Motion on behalf of their insurance company client in an underinsured motorist case. In Grandpre v. American Modern Home Ins. Co., the Court granted summary judgment in favor of American Modern as to the Plaintiffs’ underinsured motorist claim against America Modern. American Modern…

Attorneys Debbie Etlinger and Erin Canalia won a Summary Judgment Motion on behalf of their product distributor Defendant in a personal injury, product liability case. In Ahrens v. A Victoria Garden Flowers & Gifts, 2022 Conn. Super. LEXIS 2125, the Plaintiff developed infectious fungal keratitis in her right eye which she claimed was caused by…

On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking (NPRM) to prohibit employers from imposing non-compete clauses on workers. True to their name, non-competes block people from working for a competing employer, or starting a competing business, after their employment ends. Evidence shows that noncompete clauses bind about one in…

Many physicians face retrospective audits of reimbursements they were paid by private and public payors. The audits are performed after the physicians receive the money, often years after. The typical audit involves an examination of a limited number of patient records during a prescribed period. Typically, the auditor either arrives at the physician’s office for…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

Borrowers Delay Foreclosure Actions by Filing Serial Bankruptcy Cases A delay tactic used by borrowers to prevent the lender from obtaining and enforcing a foreclosure judgment is to file for bankruptcy, and not just one bankruptcy case, but multiple bankruptcy cases. Often, the bankruptcies are filed in bad faith as part of a scheme to…

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…

A decision was recently issued by the Connecticut Appellate Court affirming a dismissal of a dental malpractice case based on Conn.Gen.Stat. § 52-190a. The Appellate Court held in Carpenter v. Daar that a supplemental affidavit from the author of the expert opinion letter cannot be used to cure a deficient opinion letter. Rather, only a…

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…

States Waiving Licensure Requirement/Renewals in Response to COVID-19…

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…

Borrowers Seek to Delay Foreclosure and Collection Actions Borrowers sued in foreclosure and collection actions often try to delay the entry and enforcement of judgment.  Borrowers have an interest in delaying, as enforcement of the judgment is typically loss of property in a foreclosure action, and money in a collection action.  One way borrowers attempt…

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…

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,…

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…

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…

The Connecticut Supreme Court will allow a case to go forward under a new cause of action in Connecticut. Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 327 Conn. 540 (2018) holds that in some circumstances a medical practice can be held liable for the disclosure of an individual’s medical records when the individual…

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…

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…

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…

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…

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…

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…

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 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…

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…

Under Connecticut law, when a borrower defaults on a loan, a lender has one or more of the following options: the lender can negotiate a workout if feasible, liquidate any loan collateral if the borrower is cooperative, commence a lawsuit to recover any loan collateral and/or obtain a money judgment, or possibly force the borrower…

Attorneys Eric Stockman and Adam Maiocco obtained a defense verdict on behalf of Dr. Tracy Shevell, a maternal fetal medicine specialist, in the case of Meleney-Distassio v. Weinstein et al. In Meleney – Distassio, plaintiff had been diagnosed during her pregnancy with a fetus with bilateral club feet, which can be an indication of genetic…

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…

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…

Attorneys Kevin Godbout and Deborah Monteith Neubert received an American Arbitration Association Arbitration Award in favor of an architect client. The principal claim was for $1,000,000 in design related defects concerning a commercial recreational facility open to the public. The case was tried over more than 10 hearing days on the record. The Arbitrator found…

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…

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…

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…

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…

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…

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…

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…

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…

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…

On April 30, 2015, a Bridgeport Superior Court judge granted summary judgment in favor of a Connecticut hospital as to the plaintiffs’ claims that the hospital was vicariously liable for the alleged negligence of one of the co-defendants, a general surgeon. Representing the hospital, Michael D. Neubert and Adam V. Maiocco moved for summary judgment…

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…

In the context of an allegedly defective medical product or device, a plaintiff’s remedy typically takes the form of a product liability claim against the manufacturer and/or distributor of the product or device. A current trend among the plaintiff’s bar is to add claims against the hospital where the medical device at issue was used…

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…

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…

According to one Superior Court judge, the answer is yes. This issue arose in a recent case in which our office was defending Lawrence & Memorial Hospital (“L&M”) at trial in New London Superior Court. On September 11, 2014, Judge Thomas G. Moukawsher issued an unprecedented ruling, sua sponte, in response to L&M’s Motion for…

New Haven, Connecticut (May 13, 2014) — Neubert, Pepe & Monteith, P.C. Attorney Eric Stockman, assisted by Attorney Corey Fitzgerald, recently prevailed at the Connecticut Appellate court in the appeal of the DiTeresi v. Stamford Health System, Inc. case, obtaining complete affirmation of a summary judgment victory obtained on behalf of Neubert, Pepe & Monteith’s…