General Civil Practice

Decision

People's United Bank v. Bok

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Because a default admits the material facts that constitute a cause of action, the entry of default conclusively determines the liability of a defendant, but only when the entry of default has been appropriately made.

Decision

Doran v. First Connecticut Capital, LLC

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In its 2012 decision in Coyle Crete, LLC v. Nevins, the Appellate Court explained that "collateral estoppel precludes a party from relitigating issues and facts actually and necessarily determined in an earlier proceeding between the same parties or those in privity with them upon a different claim?"

Decision

Deshields v. Baldwin

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A court can order that a defendant's deposition take place at a location within 30 miles of the defendant's residence or within the county of the defendant's residence.

Decision

Chien v. Commonwealth Biotechnologies Inc.

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A law firm's principal place of business is its "nerve center" or main headquarters, as opposed to the location of branch offices in Connecticut.

Decision

Lachira v. Sutton and Sutton Esquires

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In the 1932 case of Mlynar v. A.H. Merriman & Sons, Inc., the Connecticut Supreme Court ruled that "[w]hen testimony is thus in conflict with indisputable physical facts, the facts demonstrate that the testimony is ?untrue, and leave no real question of conflict of evidence for the jury?"

Decision

Pillco v. Turner Construction LLC

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When ruling on requests for revisions, courts may consider whether the pleadings adequately disclose the material facts that constitute the cause of action, or whether the amendment merely restates a theory of negligence.

Decision

Stuart v. Freiberg

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For claims of fraud, negligent misrepresentation and accounting malpractice, the question of reliance was not amenable to summary judgment because it was fact bound and the facts regarding the issue were in dispute.

Decision

Doe v. Darien Board of Education

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In a sexual-abuse case, a court possesses the discretion to permit plaintiffs to amend a complaint, as a result of information that the plaintiffs' attorney obtains from the treatment notes of the minor child's psychologist.

Decision

Bencivengo v. Town of Madison

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Allegations that a plaintiff was injured as a result of a "defective condition" on a "walkway and/or bridge" at a 64-acre park may not be sufficient to comply with notice requirements in Connecticut General Statutes §13a-149.

Decision

Mulero v. Board of Education of the City of Bridgeport

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Because the plaintiff previously brought claims against the defendant based upon the same cause of action as that which underlies his present claims, and he prosecuted those claims to a final judgment on the merits, he was forever barred from pursuing those claims again.