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would reimburse her for the purchase. Defendant A credit card company that was sued, inter alia,
instead used the funds to purchase the property for wrongful death after a longtime customer’s
in his own name and the name of a legal entity spouse committed suicide, was able to get that
owned by defendant, and had no intention to count stricken from the complaint. The defen-
ever reimburse plaintiff for the purchase. Plain- dant, Roger Roosendahl, was a long-time high
tiff brought multiple counts against defendant, paying customer of plaintiff American Express
including breach of oral contract, statutory theft, from 1973 until 2017. In 2016, defendant lost
conversion, and fraudulent conveyance. Plaintiff his job and could not afford to pay his nearly
won on default judgment, where defendant failed $100,000 American Express bill. Thereafter,
to appeal. However, in an attempt to avoid a wind- plaintiff hired third party defendant Alltran to
fall in favor of plaintiff, the court awarded only the collect the debt. Defendant claimed that All-
equitable relief of title to the subject property. The tran acted in a hostile and aggressive manner,
court found in favor of plaintiff, granted nominal the stress of which caused Mrs. Roosendahl
damages on the conversion and statutory theft to commit suicide. After defendant filed suit
claims, and awarded title and immediate posses- against plaintiff, the court struck his wrong-
sion of the subject property to plaintiff. ful death and related claims, but kept the fraud
and breach of contract claims.
TRUSTS AND ESTATES • FAMILY LAW
FREEDOM OF INFORMATION
Wife Wins Bench Trial In Vexatious COMMISSION
Litigation Matter
CASE: Ferri v. Powell-Ferri
COURT: Hartford J.D., Complex Litigation Docket PUBLIC RECORDS
DOC. NO.: CV-16-6066432
COURT OPINION BY: Schuman Police Department and Town of
DATE: June 10, 2021 • PAGES: 11
Defendant was sued by her ex-husband for com- Cromwell Did Not Violate FOI Act
mon law and statutory vexatious litigation in re- CASE: Schneider v. Chief, Police Dep’t, Town of Cromwell
lation to a decades-long trust asset case. Defen- COURT: Freedom of Information Commission
dant Nancy Powell-Ferri moved to dissolve her DOC. NO.: 2020-0139
marriage to the plaintiff, Paul John Ferri, and the COURT OPINION BY: Freedom of Information Commission
parties were unable to resolve a dispute related to DATE: June 09, 2021 • PAGES: 5
a 1983 Trust valued between $60 million and $70 On March 10, 2020, complainant arrived at the
million. In 2011, the trustees of the 1983 Trust Cromwell Police Department and requested
decanted all the assets of the trust to another copies of audio and video records pertaining to
trust. The overall matter, in which both parties an incident that occurred on March 20, 2018.
filed multiple suits against each other in relation On March 10, 2020, respondent’s records clerk
to the use and misuse of the trust, had already phoned complainant and told him that the
been in front of the Connecticut Supreme Court records could not be released because a nolle
three times, the Appellate Court once, and the prosequi had been entered in the criminal mat-
Massachusetts Judicial Court once. The court ter and more than 13 months had elapsed from
ruled in favor of defendant, noting that defen- such entry; therefore, the records were deleted.
dant’s previous suit did not lack probable cause. On March 16, 2020, complainant called re-
spondent police department and again request-
WRONGFUL DEATH • ed copies of the same records. Then on March
CREDITORS’ AND DEBTORS’ RIGHTS 17, 2020, complainant requested via email that
respondents provide him with audio and video
showing the subject, any portion of the alleged
Wrongful Death Claim Dismissed offense, and/or the investigation. On March
CASE: Am. Express Cent. Bank v. Roosendahl 19, 2020, complainant appealed to the Com-
COURT: Stamford/Norwalk J.D. at Stamford mission, alleging respondents violated the FOI
DOC. NO.: CV-17-6033724 Act by failing to provide him with copies of
COURT OPINION BY: Povodator the requested records. The Commission dis-
DATE: June 07, 2021 • PAGES: 35 missed his complaint. The Commission found
CONNECTICUT
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