Digest of Connecticut Appellate Court advance release opinions about trusts and estates, tax assessment, and appellate procedure. Trusts and Estates Cook v. Purtill - Non-attorney trustee of charitable trust did not have authority in that capacity to appeal on behalf…
Reviews of Connecticut Appellate Court advance release opinions about appellate subject matter jurisdiction and breach of contract. I also review an unusual opinion that resolves four separate appeals involving appellate and trial court subject matter jurisdiction and justiciability. Appellate Subject…
Reviews of Connecticut Appellate Court advance release opinions about civil procedure and appellate subject matter jurisdiction. Civil Procedure AC Consulting, LLC v. Alexion Pharmaceuticals, Inc. - The opinion affirms the trial court's decision striking a three-count complaint that claimed to…
In August 2019, the Connecticut Supreme Court confirmed that a bank's misconduct in handling post-default loss mitigation applications can be a defense to foreclosure. More specifically, the court's decision in U.S. Bank v. Blowers expands the "making, validity, or enforcement"…
The Connecticut Supreme Court recently adopted the alternative liability doctrine, shifting the burden of proof on causation in negligence cases involving multiple defendants where it is certain that one or more of them caused the harm, but impossible for the…
In August 2016, the Connecticut Appellate Court released its opinion in Bank of America, N.A. v. Aubut, which recognized the predatory lending defense in Connecticut for the first time. What is predatory lending? For mortgage loans, predatory lending is when…
Reviews of Connecticut Appellate Court advance release opinions about divorce, a spite fence, and standing. Divorce Brochard v. Brochard - I'm not giving you much detail on this one - the second time in the Appellate Court for the Brochards…
Review of a Connecticut Supreme Court advance release opinion about taxation. Taxation Dish Network, LLC v. Commissioner of Revenue Services - Dispute over whether earnings from DVR services and sale/lease/installation/maintenance of equipment were subject to taxation under the statute taxing…
Reviews of Connecticut Appellate Court advance release opinions about divorce, professional negligence (legal malpractice), and worker's compensation. Divorce Varoglu v. Sciarrino - Appellate Court affirmed trial court's finding that Varoglu bought a condominium in Colorado for herself with proceeds of…
Review of a Connecticut Supreme Court advance release opinion about personal injury (wrongful death). Personal Injury (Wrongful Death) Angersola v. Radiologic Associates of Middletown, P.C. - Though CGS § 52-555 provides a limitation period for a wrongful death claim, it is…
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