Justia Professional Malpractice & Ethics Opinion Summaries

Articles Posted in Connecticut Supreme Court
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In this medical negligence action, the Supreme Court affirmed the judgment of the trial court rendered in accordance with the court's granting of Defendants' motions to dismiss and for summary judgment, holding that the Court could not reach the merits of Plaintiff's claim that Conn. Gen. Stat. 52-190a is unconstitutional. Plaintiff brought this case against the State and numerous superior court judges, a psychiatrist and his employer, and business entities after his wife committed suicide. The trial court granted judgment for Defendants. On appeal, Plaintiff argued that section 52-190a, which requires a plaintiff to append a good faith certificate and supporting opinion letter to the complaint in cases of medical negligence, is unconstitutional. The Supreme Court affirmed, holding that because Plaintiff failed to challenge the trial court's threshold conclusions that his claims against Defendants were barred by, among other things, the doctrines of res judicata and collateral estoppel, this Court could not address the single substantive issue that Plaintiff raised and that the judgment of the trial court must be affirmed. View "Traylor v. State" on Justia Law

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Defendant served as Plaintiff’s defense counsel in a criminal jury trial in which Plaintiff was convicted of fourteen offenses. While awaiting sentencing, Plaintiff filed this action against Defendant, alleging legal malpractice and breach of fiduciary duty. After precluding Plaintiff from presenting expert testimony on the issue of causation due to her failure to disclose an expert witness by a date previously ordered, the trial court granted summary judgment in favor of Defendant. Plaintiff appealed, arguing that the trial court erred in concluding that expert testimony was necessary to prove her allegations. The Supreme Court affirmed, holding that expert testimony was required for Plaintiff to establish the element of causation in her legal malpractice case. View "Bozelko v. Papastavros" on Justia Law

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Plaintiffs, a married couple proceeding as self-represented parties, commenced a legal malpractice action against Defendants by way of a complaint and a summons. Defendants filed a motion to dismiss the complaint on the ground that the writ of summons failed to provide either a recognizance by a third party or a certification of Plaintiffs’ financial responsibility. The trial court granted the motion and dismissed the action. The Appellate Court summarily affirmed the judgment of dismissal. The Supreme Court reversed, holding that the trial court abused its discretion by failing to afford Plaintiffs an opportunity to file a bond to avoid dismissal of the action. Remanded. View "Costello v. Goldstein & Peck, P.C." on Justia Law

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The primary issue in this case was whether a nonparty attorney may bring a writ of error from a trial court's order requiring the attorney to comply with a clear and definite discovery request. The plaintiff in error, Finn, Dixon & Herling, LLP (Finn Dixon) brought this writ of error from an order of the trial court requiring it to comply with a subpoena duces tecum issued by the defendants in error, Shipman & Goodwin, LLP, and Carolyn Cavolo (Defendants), who were also the defendants in the underlying case. Finn Dixon contended that the trial court improperly denied its motion to quash, in which it claimed that Defendants sought materials protected by the attorney-client privilege and the attorney work product doctrine. The Supreme Court granted the writ, holding (1) the trial court's order was an appealable final judgment; and (2) the trial court improperly denied Finn Dixon's motion to quash the subpoena. Remanded. View "Woodbury Knoll, LLC v. Shipman & Goodwin, LLP" on Justia Law