Steve Wright appointed to C.A.B.E
On Saturday July 15th, 2007, Attorney Wright was appointed to the Connecticut Association of Boards of Education. As a Board Member, Attorney Wright will assist local and regional boards of education in providing higher quality public education for Connecticut's children. Attorney Wright also currently serves as the Chairman of the Board of Education for Trumbull, CT. Click Here to Visit Website.
Steve Wright Seeks Recovery for Creditors
In May, 2007, Attorney Wright filed an Involuntary Chapter 7 Bankruptcy Petition on behalf of certain creditors of Alan Christopher Floor Coverings, LLC, of Danbury Connecticut. They seek to recover debts wrongfully withheld from their clients by Alan Christopher following the company's dissolution.
Steve Wright and Jim Nugent Defeat Motion to Dismiss
In the matter of R.S. Silver Enterprises Co., vs. Pascarella, Attorneys Wright and Nugent, on behalf of the Plaintiff, successfully argued that a corporation, although administratively dissolved, retains its corporate existence for the purpose of prosecuting a law suit. The Court further held that when a corporation reinstates, the corporate reinstatement is effective as of the date of the dissolution, and the corporation resumes carrying on its business as if the administrative dissolution never occurred. The Defendants, in their motion to dismiss, claimed that since the Plaintiff-corporation was dissolved at the time the claim arose, the court lacked subject matter jurisdiction to hear the case. The law suit seeks over 1 million dollars in damages from the Defendants for their wrongfully failing to recognize the Plaintiff as a partner in a real estate venture.
See Recent Case Developments
After appearing for oral argument before the Connecticut Supreme Court on February 2, 2006 in the matter of Manuel Moutinho, et al. v. Bridgeport Planning and Zoning Commission, et al., 278 Conn. 660 (2006), Attorney Joe Kubic obtained a reversal from the Supreme Court on June 20, 2006. Attorney Kubic argued that a zoning applicant who lacks a written agreement permitting it to use a particular parcel of property, and who does not currently own or occupy the property, nonetheless has standing to appeal where he was found by the trial court to be statutorily aggrieved. Attorney Kubic also argued that the trial court was incorrect in finding that the record owner of the property, who had given the applicant permission and approval to apply to the zoning board, was not an applicant for purposes of appeal. The Supreme Court took the appeal directly from the superior court. This was Attorney Kubic's second oral argument before the state's highest court.
On June 13, 2006, a reversal was received from the Appellate Court of the trial court's contract damage award imposed against the firm's client pursuant to a shipping contract. In Small Business Transportation, Inc. v. ABC Stores, LLC, et al., 96 Conn. App. 14 (2006), the Appellate Court held that where the subject shipping contract's damages provision stated that the Defendant would be charged a discounted rate only if payment was made within 30 days of the invoice, but did not identify the amount of the non-discounted rate or provide information from which non-discounted rate could be ascertained if the invoice was not paid within 30 days, was too vague and indefinite to be enforceable, and therefore in its breach of contract action, the Plaintiff was entitled to recover only the specified discounted rate as charged in the invoice. This reversal lowered the client's liability from roughly $38,000.00 to $7,000.00.
Attorney Joseph A. Kubic recently settled a mold infestation case. The two plaintiffs were employees of a hair salon that had become infested with mold as a result of claimed defective construction techniques which allowed moisture to become trapped between in the walls of the building. The clients' complaints included allergies, breathing and cognitive difficulties. Attorney Kubic worked with three expert witnesses to develop the case and obtain an attachment order allowing him to attach real property of the defendant. The case settled for $85,000.00.
This May Attorney Joe Kubic obtained a $99,000.00 arbitration award on behalf of the firm's client, who was involved in a rear end collision causing injuries to her neck and carpal tunnel syndrome to her right hand and wrist.
Attorney Jim Winkel has been representing homeowners in disputes with numerous local and national banks who have failed to provide, or have provided untimely, mortgage releases pursuant to C.G.S.A. sec. 49-8(c). As a result of the lawsuits filed, proper documentation of mortgage payoffs has been obtained from the banks, town land records have been updated to accurately reflect the mortgage status, and statutory penalties have been collected and distributed to clients.
Steve Wright Involved in Litigation Over Norman Rockwell Paintings
Attorney Steve Wright is currently representing Kenneth Stuart, Jr. in connection with his claims to several Norman Rockwell paintings, one of which is "Saying Grace," estimated to be worth over 15 million dollars.
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Read About Recent Case Developments in the Hartford Current
Victory For Consumers Achieved
Attorney James M. Nugent recently prevailed in an important bankruptcy decision on behalf of consumers in Connecticut. A challenge was raised to the prevalent practice of lenders to add late charges to their claims against debtors. However, controlling state law prohibits doing so after the loan has been accelerated. The bankruptcy courts had not yet ruled.
Attorney Nugent's objection to these charges was upheld by Judge Weil of the New Haven Bankruptcy Court. The lender appealed. The U.S. District Court (Kravitz, J.) then upheld the bankruptcy court on appeal. This issue frequently arises in bankruptcy court and, for now, the issue has been resolved in favor of consumers.
The case is styled Wells Fargo Bank Minnesota, N.A. As Trustee v. Patricia Ann Guarnieri, U.S. Bankruptcy Court, District of Connecticut, (Civil No. 3:03CV1591(MRK). Click case for a full text of the opinion in Adobe Acrobat .pdf format. (332k).
Attorneys Wright and Winkel Get Chapter 11 Approved
The Kent Golf, LLC Chapter 11 plan of reorganization was approved by the Bankruptcy Court in the District of Connecticut on March 3, 2006. Stephen P. Wright and James R. Winkel represented the Creditors' Committee and achieved a distribution of 60% of the creditors' claims, and the plan resolved over $50 million dollars in claims.
The Kent Golf Course is an exclusive Tom Fazio-designed golf course and country club facility in Kent, Connecticut that had a value of over 17 million dollars.
Associate Joins Firm
Attorney Matthew A. McColl joined the firm of Harlow, Adams & Friedman, P.C. in October, 2005. Attorney McColl received his J.D. from Western New England University School of Law in 2001, and his LL.M in Taxation from Boston University in 2002. Attorney McColl is admitted in both Connecticut and Massachusetts, and will be practicing Commercial Real Estate and Estate Planning.
Connecticut Class Action Filed Against DuPont
Harlow, Adams & Friedman filed suit recently on behalf of a Connecticut consumer against E.I. DuPont De Nemours & Company ("DuPont"). Attorneys Stephen P. Wright and James R. Winkel filed a complaint in March, 2006 in the United States District Court for the District of Connecticut, claiming that DuPont failed to disclose potentially serious health hazards caused by the DuPont product commonly known as "Teflon." The lawsuit seeks monetary and other relief based on DuPont's misrepresentation of the usefulness, convenience, and safety of Teflon, as well as DuPont's failure to disclose the harmful risks of their product, including the potential dangerous release of carcinogenic chemicals. By filing this suit in Connecticut Federal Court, Harlow, Adams & Friedman, P.C. is helping to lead the way in a national class action suit against DuPont.
Attorney Kubic Argues in Connecticut Supreme Court
On February 2, 2006, Attorney Joe Kubic appeared in front of the state's highest court, in the matter of Manuel Moutinho, et al. v. Bridgeport Planning and Zoning Commission, et al., arguing that a zoning applicant who lacks a written agreement permitting it to use a particular parcel of property, and who does not currently own or occupy the property, nonetheless has standing to appeal where he was found by the trial court to be statutorily aggrieved. Attorney Kubic also argued that the trial court was incorrect in finding that the record owner of the property, who had given the applicant permission and approval to apply to the zoning board, was not an applicant for purposes of appeal. The Supreme Court took the appeal directly from the superior court, and a decision is currently pending.
Ribbon Cutting Ceremony for Trumbull Early Childhood Education Center
On September 7, 2005, the Trumbull Early Childhood Education had its ribbon cutting ceremony. The Center, the first free standing early intervention complex, will meet the individual needs of children 3-5 years of age in Trumbull, Monroe, and Bridgeport, through active participation in a dynamic learning community which will facilitate the children's growth and development. Stephen P. Wright, Chairman of the Building Committee and current Chairman of the Trumbull Board of Education, and many other dedicated volunteer committee members, finally saw the completion of their 24,000 square foot center, which will serve the needs of several towns' economically disadvantaged and special needs children.
Stephen Wright Elected to Trumbull Board of Education; Voted Chairman
In November 2005, Attorney Wright was elected to the Trumbull Board of Education, and was subsequently appointed Chairman by his colleagues in December.
Attorney Kubic Gets $40,000.00 Verdict for Motor Vehicle Collision Victim
On September 29, 2005, Attorney Joseph Kubic was awarded a verdict for his client in the amount of $40,000.00 for injuries sustained when a car the plaintiff was riding in, driven by the defendant, was involved in a collision as a result of the defendant's negligence in driving through an intersection. Attorney Kubic, in the jury trial, established that the plaintiff suffered soft tissue neck and back injuries as a direct result of the collision, which resulted in 5% permanency ratings in both her neck and back. The jury awarded her $15,000.00 in economic damages (including future medicals of $6,700.00) and $25,000.00 in non-economic damages, as well as costs and interest. The carrier’s last pre-trial offer was $13,500.00.
Joe Kubic Obtains $75,000.00 Verdict
Joe Kubic represented a woman who was a passenger in a car stopped at a traffic light that was rear ended by the Defendant's motor vehicle. There was little visible damage to the car in which Attorney Kubic's client was a passenger. The client complained of neck pain and discomfort. She did not treat immediately after the collision but then treated with an orthopaedic surgeon for a short time and obtained physical therapy. The client was assigned with a permanent impairment rating of her neck. The lowest offer was $5,000.00 which was soundly rejected by Attorney Kubic. The jury brought back a verdict of $75,000.00 following two (2) days of trial.
