General Civil Practice

Decision

Dube v. Wyeth LLC

  •      
    • Subscription Required
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

Duverger v. Connecticut Family Orthopedics

  •      
    • Subscription Required
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

Avery v. Maxim Healthcare Services Inc.

  •      
    • Subscription Required
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

Valanzuolo v. City of New Haven

  •      
    • Subscription Required
Monday, April 29, 2013

A court can order a party to provide a Rule 26(a)(2)(C) expert report for a counselor who has been disclosed as healthcare provider.

Decision

Barack v. American Honda Motor Co. Inc.

  •      
    • Subscription Required
Monday, April 29, 2013

A party's failure to disclose a summary for a treating doctor under Federal Rule of Civil Procedure 26(a)(2)(C) can violate Rule 26(a), and a court can order sanctions.

Decision

A. v. Hartford Board of Education

  •      
    • Subscription Required
Monday, April 29, 2013

A court can find that an amended complaint is filed timely, if a motion to amend the complaint is filed prior to the expiration of a 45-day statute of limitations that begins when an administrative hearing officer mails, or the parties receive personal delivery of, a final decision.

Decision

Mulero v. Snow

  •      
    • Subscription Required
Monday, April 29, 2013

A plaintiff who proves that he was "legally incapable" during the relevant time period may be entitled to the tolling of the statute of limitations, pursuant to Connecticut General Statutes §52-576(b), even if the plaintiff frequently commences suit in Superior Court.

Decision

Leftridge v. Wiggins

  •      
    • Subscription Required
Monday, April 29, 2013

Allegations that the plaintiff fraudulently misrepresented his address, to the detriment of the defendant, can be sufficient to prove fraud and to grant the defendant's request to open the judgment.

Decision

Kim v. Emt

  •      
    • Subscription Required
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.

Decision

Bank of New York as Trustee (BS ALT A 2005-9) v. Bell

  •      
    • Subscription Required
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.