Wetlands Update

A Court may shut down a business until it complies with wetland remediation order.  East Windsor Inland Wetlands & Watercourse Agency vs. Dearborn, May 27^th, 2014 (Superior Court, Berger, J.). 

Defendant owned mulching business that illegally filled wetlands, clear cut trees and put in a road.  Defendant and Commission stipulated in Court that Defendant would remediate.  Defendant’s remediation was not in “substantial compliance” with stipulated judgment.

Court enjoined Defendant from operating his business until property brought into compliance.  Court also awarded attorney’s fees of $44,393.00.

Recent CT Legislative Updates

Courtesy of Connecticut Trial Lawyers' Association:

CTLA 2014 SPONSORED LEGISLATION
SIGNED INTO LAW

Public Act 14-156   Attached Above

HB 5450 - AN ACT CONCERNING ARBITRATION IN MOTOR VEHICLE ACCIDENT CASES.
This bill allows a court, at the request of all parties in a civil action involving a claim of bodily injury from a motor vehicle accident, to refer the case to an arbitrator chosen by the parties or their attorneys. Under the bill, any such arbitration must include limits to the damage award that an injured party may receive.
The bill also limits the applicability of the arbitrator's findings and damage award. Under the bill, the arbitrator's (1) finding is binding only on the parties to the civil action and (2) damage award cannot be used by or against any party to the arbitration in any later civil action or proceeding.
Governor Signed - June 11, 2014   Effective: July 1, 2014, and applicable to any civil action pending on or filed on or after that date.

Public Act 14-20  Attached Above

SB 280 - AN ACT CONCERNING UNINSURED AND UNDERINSURED MOTORIST COVERAGE OFFSETS
This bill prohibits insurers from reducing uninsured and underinsured motor vehicle insurance coverage payments by amounts paid by or on behalf of a tortfeasor (i.e., person at fault) for (1) bodily injury to anyone other than people insured by the policy under which the claim is made or (2) property damage. Thus, the insurer can reduce the coverage payment by amounts a tortfeasor paid for bodily injury to a person insured by the policy.
Governor Signed - May 16, 2014  Effective:  October 1, 2015

Public Act 14-37   Attached Above

HB 5338 - AN ACT CONCERNING THE ADMISSIBILITY OF RECORDS AND REPORTS OF CERTAIN EXPERT WITNESSES AS BUSINESS ENTRIES.
This act extends the same rules in civil cases concerning the admissibility of records or reports of in-state physicians and various other professionals to those of such out-of-state professionals. It does so by eliminating the requirement that, for the rules to apply, these professionals be licensed or certified in Connecticut.

Governor Signed - May 16, 2014.    Effective:  October 1, 2014, and applicable to all actions pending on or filed on or after said date

Landlord/Tenant Law - Interest Rate Calculator

Security Deposit information/calculator from CT Department of Banking:

http://www.ct.gov/dob/cwp/view.asp?a=2247&q=299050