Justia Civil Procedure Opinion Summaries

An inmate was attacked by another inmate and died from his injuries. Plaintiffs, the victim’s mother and sister, applied for compensation from Defendant, the Office of Victim Services. Defendant declined to compensate Plaintiffs. After a hearing, the Victim Compensation Commissioner denied Plaintiffs’ request for review. Plaintiffs subsequently appealed the Commissioner’s decision. More than four years later, shortly before trial, Defendant moved to dismiss Plaintiffs’ appeal on the ground that it was untimely filed. The trial court dismissed Plaintiffs’ appeal for lack of subject matter jurisdiction, concluding that Plaintiffs did not timely appeal in accordance with Conn. Gen. Stat. 54-211a. The Supreme Court reversed, holding that Plaintiffs satisfied the requirements of section 54-211a by properly serving a writ of summons and a complaint on Defendant within thirty days of the Commissioner’s decision. View "Cales v. Office of Victim Servs." on Justia Law

Plaintiff sued Defendant, alleging that Defendant aided and abetted Plaintiff’s former attorneys in breaching their fiduciary duties to Plaintiff and that Defendant’s actions violated the Connecticut Unfair Trade Practices Act. The trial court entered summary judgment for Defendant, concluding that Plaintiff’s claims were barred by the applicable three year statutes of limitations and that tolling was inapplicable. The Supreme Court affirmed, holding (1) Plaintiff sufficiently invoked the continuing course of conduct doctrine before the trial court; but (2) equitable tolling pursuant to the continuing course of conduct doctrine was not available under the facts of this case. View "Flannery v. Singer Asset Fin. Co., LLC" on Justia Law

This action was the culmination of a long-standing disagreement between two attorneys. The present appeal centered on the judgment of the appellate court concluding that Conn. Gen. Stat. 51-183c required the judge trial referee to recuse himself from presiding over a hearing regarding the reasonableness of Plaintiff’s attorney’s fees. The Supreme Court reversed, holding (1) the appellate court improperly considered the merits of Defendant’s claims regarding the recusal of the judge because this issue was moot; and (2) because the appellate court remanded the case for a new hearing without addressing Defendant’s other claims, the case must be remanded for consideration of those claims. View "Gagne v. Vaccaro" on Justia Law