General Civil Practice
Decision
Phillips v. Philips Electronics North America Corp.
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Monday, May 13, 2013
A defendant may amend its answer, if the plaintiff provides written consent or the court provides permission, pursuant to Federal Rule of Civil Procedure 15(a)(2).
Decision
Napolitano v. Synthes Inc.
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Monday, May 13, 2013
In a product-liability case, a court can permit discovery of information about similar models. The plaintiff underwent surgery, to remove about five centimeters of her mandible.
Decision
Alexander v. Tyson
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Monday, May 13, 2013
A family member who has not been appointed to serve as estate executor or estate administrator may not possess standing to sue on behalf of the decedent family member's estate.
Decision
Chirag v. Mt Marida Marguerite Schiffahrts
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Monday, May 13, 2013
A Connecticut court may lack jurisdiction over a suit alleging that foreign companies did not take enough precautions to protect foreign sailors who allegedly were attacked in foreign waters.
Decision
Dube v. Wyeth LLC
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Monday, May 13, 2013
When ruling on a motion to transfer, a court may consider: 1.) convenience of parties; 2.) convenience of witnesses; and 3.) interests of justice. Allegedly, the plaintiff was exposed to Reglan, which is used to treat heartburn, or Reglan's generic equivalent, metoclopramide.
Decision
Avery v. Maxim Healthcare Services Inc.
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Monday, May 6, 2013
A plaintiff who amends a complaint and written opinion, in order to include the opinion writer's credentials and a brief discussion of the incident that allegedly led to the death of the plaintiff's decedent, may not be required to serve the amended complaint and written opinion.
Decision
Duverger v. Connecticut Family Orthopedics
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Monday, May 6, 2013
A court can find that a plaintiff's valuation of his motor vehicle is "so low as to strain credibility," and order the plaintiff to file an amended financial affidavit, in support of his petition to proceed in forma pauperis.
Decision
Santorso v. Bristol Hospital
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Monday, April 29, 2013
The doctrine of res judicata does not preclude a second medical malpractice action when the first action, challenged for failure to attach a good faith certificate or opinion letters required by C.G.S. §52-190a, properly should have been tested, not by way of motion to strike, but, rather by motion to dismiss, the granting of which would not constitute a judgment on the merits.
Decision
Bank of New York as Trustee (BS ALT A 2005-9) v. Bell
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Monday, April 29, 2013
Pursuant to Practice Book §13-6 and §13-9, the trial court had no authority to order the plaintiff to turn over documents that belonged to a separate nonparty entity and acted beyond the scope of its authority in holding the plaintiff in contempt for failing to do so.
Decision
Kim v. Emt
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Monday, April 29, 2013
A legal holiday may not extend the date for delivery of the writ, summons and complaint to a state marshal for service of process, because while a plaintiff may encounter difficulty effectuating delivery to the marshal on a legal holiday, no legal obstruction exists.
