Cases
Rep Matters: University Successfully Defended in Graduate Student's Dismissal Lawsuit
Halloran & Sage recently received a defendants' verdict in an action filed by a former student of a private university's graduate medical program. The student had nearly completed his four years of study
clinical practice when, about a month before graduation, the school learned he was convicted of a felony involving fraud. After a disciplinary hearing in accordance with the Student H
book, the university ultimately dismissed him from the school only days before graduation. After his dismissal, he filed a lawsuit against the university
individual faculty members claiming breach of an educational contract, breach of an implied contract, detrimental reliance, unjust enrichment, negligent misrepresentation, intentional
negligent infliction of emotional distress,
a violation of CUTPA. Prior to trial Halloran & Sage obtained summary judgment on the claims for intentional
negligent infliction of emotional distress. Lead trial attorneys Stephen P. Fogerty
Jennifer Pedevillano were assisted by Daniel Krisch, Dan LaBelle, Logan Carducci
Chelsea Choi throughout the case. Duncan Forsyth was the lead contact partner for the university's insurance company. Halloran & Sage attorneys worked closely with in-house counsel to ensure the university's interest would be protected in this case
position the university for success in future dismissal matters as well.
Successful Defense of Health District in an Appeal By Homeowners
Duncan Forsyth
Jennifer Pedevillano successfully defended a Local Health District in an appeal by the homeowners. The Local Health District reviewed the homeowners' application to perform certain improvements to a residential property
concluded the homeowners' proposed improvements did not meet the requirements of the Public Health Code. The homeowners appealed to the State of Connecticut Department of Public Health. Attorney Pedevillano represented the Local Health District at a hearing in front of a Public Health Hearing Officer. The Hearing Officer agreed with the Local Health District's denial of the application
found the requirements of the Public Health Code could not be met. The Hearing Officer dismissed the homeowners' appeal.
Siting Council Rules in Favor of Local Jurisdiction in Cell Tower Dispute
In June 2015, the Connecticut Siting Council rejected a proposal to build a 180-foot lattice cell/training tower in Farmington, Connecticut. The Applicant, Tower Holdings LLC, originally proposed building the tower to be used solely for training. But the company later partnered with AT&T to add an antenna array to the tower, saying there was a gap in coverage. That change sent the proposal to the Connecticut Siting Council, which has jurisdiction over the siting of commercial cellular providers. Duncan Forsyth
Kenneth Slater argued on behalf of the Town of Farmington that the Siting Council lacks the jurisdiction to cite
approve training towers
their associated operations, as these are matters for the local planning
zoning commission. The Council agreed,
ruled in a 5-1 decision that the training aspect of the proposed tower does not meet any defined public safety benefit under the Council's jurisdiction,
is a matter for the local regulatory process. This was a significant victory on behalf of the Town, which felt strongly that the Applicant should go through the local regulatory process for the siting of its training tower.
