Since 2010, voter suppression tactics such as requiring proof of citizenship, stringent photo identification laws, restrictions on community-based registration drives, and reducing early voting, have been on the rise in states all around the country. These changes...
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Lohnes
In Lohnes v. Hospital of Saint Raphael, (released November 15, 2011), Justice Borden, writing for the Appellate Court added to the building body of case law interpreting and applying General Statutes §§ 52-190a and 52-184c. The several issues presented in...
Duty to Mitigate Charge Clarified
In Drake v. Bingham (AC 30265) (to be released September 27, 2011), the Appellate Court reversed the medical malpractice verdict in favor of the defendant on the grounds that the trial court failed to properly charge the jury on the issue of mitigation of damages. The...
Great Decision on Certificate of Good Faith
In Morgan v. Hartford Hospital, SC 18469, released July 12, 2011(2011), the Supreme Court ruled that the certificate of good faith and the opinion letter of a similar health care provider are statutory prerequisites to the filing of an action for medical malpractice...
Court Abuses Discretion in Failing to Poll Jury Regarding Newspaper Article
In Kervick v. Silver Hill Hospital, 128 Conn. App. 341 (2011), the Appellate Court held that the existence of an inflammatory newspaper article, coupled with the fact that the jury had not previously been instructed by a judge to avoid media coverage, was sufficient...
Court Overrules Defendant’s Objection to Offer of Compromise Filed Under New Statute
In a recent decision, Judge Maronich, of Danbury Superior Court, overruled the defendants' objection to plaintiffs' offers of compromise. See Weth v. New Fairfield Family Practice, et al., D.N. DBDCV095007125S. After the plaintiffs had filed offers of compromise,...
Qualifications of Pre-Suit Opinion Author & Availability of Accidental Failure of Suit
In a pair of soon-to-be released decisions, the Supreme Court decided several significant issues that have arisen under the 2005 amendments to General Statutes § 52-190a, namely: 1) whether a board certified physician who probably would be allowed to testify at...
High Court Analyzes Theory of Differential Diagnosis
In an important medical malpractice decision, the Supreme Court reversed the Appellate Court's finding of harmless error when the trial court (Tobin, J.) precluded plaintiff's expert from testifying that the defense theory of causation was wrong. In other words,...
Motion to Cite In Is Not an ‘Action’ Under Accidental Failure of Suit
In Aqleh v. Cadlerock Joint Venture II, L.P., 299 Conn. 84 (2010), the Supreme Court determined the application of the accidental failure of suit statute, General Statutes Section 52-592, to the ongoing legal saga between the parties. In this case the Court held that...
Supreme Court Clarifies Architect, Engineer, Surveyor Statute of Limitations
In Plato Associates, LLC v. Environmental Compliance Services, Inc., 298 Conn. 852 (2010), the high court clarified the law regarding the circumstances under which the seven year statute of repose in General Statutes § 52-584a (suits against an architect,...