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38 ¦ FEBRUARY 1, 2021 CONNECTICUT OPINIONS

log. Defendant provided a revised privilege log charter unambiguously mandated elections be
which classified the documents into groups of held on biennial years every two years on odd
privilege, rather than submitted on an indi- number years. The court found in favor of the de-
vidual basis. On an in camera review, the court fendants, and that defendant Hamman should fill
again determined the sufficiency of the gener- the vacancy until November 30, 2021.
alized manner to preserve privilege of the sev-
eral documents. The court declined to do an in-
dividual review of every interrogatory in ques- EMPLOYMENT LITIGATION •
tion, but instead opted for a blended review of CLASS ACTIONS

specific and general privilege claims. The court Court Denies Motion to Decertify Class
went on to address several specific claims of
privilege on multiple documents. The court or-
dered a more specific review of the defendant’s Based on Modifications to CMWA

privilege guide and ordered the defendant to CASE: Rodriguez v. Kaiaffa, LLC
make a more revised and refined exhibit on the COURT: Hartford J.D., Complex Litigation Docket
claimed-privileged documents. DOC. NO.: CV-17-6088349
COURT OPINION BY: Schuman
DATE: January 07, 2021 • PAGES: 7
ELECTION AND POLITICAL LAW
The Connecticut Minimum Wage Act allowed
restaurant owners who pay service employees
Court Interprets City Charter to minimum wage to receive a “tip credit” for the
Resolve Election Dispute Between difference such employees would have been paid
Appointed Officials customarily for gratuities. Plaintiffs were a group
of service employees at restaurants owned by the
defendants, who brought a claim against their
CASE: O’Shea v. Scherban employer for failing to pay the full minimum
COURT: Stamford/Norwalk J.D. at Stamford
DOC. NO.: CV-20-6049244 wage for their shifts and keeping the tip credit.
COURT OPINION BY: Genuario The plaintiffs became a certified class in March
DATE: December 11, 2020 • PAGES: 16 2019, however while the action was pending ap-
A recently elected member of the Stamford peal the CMWA was modified by a Special Ses-
Board of Education was supposed to serve their sion of Public Acts July 2019, which became law
position until November 30, 2021, however that in January 2020, so as to create a higher standard
member left their seat and defendant Hamman for class certification for service employees. The
was elected by the city’s Board of Representatives defendants then brought a motion for decertifica-
to fill the vacated seat. Plaintiff argued that the tion of the plaintiffs, arguing the Special Session
Charter of Stamford required that a new election modification to the CMWA should be applied ret-
should be held in November 2020 to determine roactively to the plaintiffs. The court disagreed,
who would fill the balance of the vacated term noting that the language of the Special Session
until 2021. Further, plaintiff claimed the election clearly indicated that modifications were “effec-
was held on November 3, 2020 and that plaintiff tive upon passage.” Further, the court noted the
won that election citing that November 2020 bal- Supreme Court had already determined the mod-
lots were printed with the vacancy listed. The city ification was not retroactive. The court therefore
defendants argued that the Charter clearly and denied the motion to decertify.
unambiguously mandated that the appointed de-
fendant remain in the vacated position until No-
vember 2021, the end of the term, and that the INSURANCE LITIGATION

ballot printing was in error. Plaintiff brought an Court Grants Motion to Strike Offer of
action against defendants under §9-328, and de-
fendant argued the term “biennial” in the Char- Compromise for Five Months to Allow
ter unambiguously meant only odd-numbered for Discovery
years, so an election could not properly be held in
2020. Plaintiff argued the term was not defined CASE: Stevens v. Debowski
in the Charter, and that any ambiguities in elec- COURT: Danbury J.D.
tion laws should be construed to allow the great- DOC. NO.: CV-19-6030055
est scope for public participation. In construing COURT OPINION BY: D’Andrea
the language of the Charter, the court found the DATE: January 07, 2021 • PAGES: 9

CONNECTICUT
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