Articles Posted in Connecticut Supreme Court

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In this action brought by the administrators of the estates of nine people killed in the massacre at Sandy Hook Elementary School, the Supreme Court held that the trial court properly determined that, although the trial court properly struck most of Plaintiffs’ claims against various manufacturers, distributors and sellers of the Bushmaster XM15-E2S semiautomatic rifle, the Protection of Lawful Commerce in Arms Act (PLCAA), 15 U.S.C. 7901 through 7903, did not bar Plaintiffs’ claims that Defendants violated the Connecticut Unfair Trade Practices Act (CUPTA), Conn. Gen. Stat. 42-110a et seq., by marketing the firearm to civilians for criminal purposes and that those wrongful marketing tactics contributed to the massacre. Adam Lanza carried out the massacre using a XM15-E2S. The Supreme Court affirmed the trial court’s judgment that most of Plaintiffs’ claims were precluded by established Connecticut law and/or PLCAA. However, as to Plaintiffs’ claims that Defendants knowingly marketed, advertised, and promoted the XM15-E2S for civilians to use to carry out offensive, military style combat missions, the Supreme Court held that Plaintiffs pleaded allegations sufficient to survive a motion to strike because (1) PLCAA does not bar Plaintiffs’ wrongful marketing claims; and (2) to the extent that it prohibits the unethical advertising of dangerous products for illegal purposes, CUTPA qualifies as a predicate statute. View "Soto v. Bushmaster Firearms International, LLC" on Justia Law

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The Supreme Court reversed in part the judgment of the Appellate Court, which reversed the judgment of the trial court in favor of Defendant on both Plaintiff’s complaint seeking recovery on six promissory notes and on Defendant’s counterclaim alleging a violation of the Connecticut Unfair Trade Practices Act (CUTPA). On appeal, Plaintiff challenged only the scope of the Appellate Court’s remand order, arguing that the court erred in ordering a new trial rather than restricting the remand proceedings to a hearing in damages. The Supreme Court reversed the judgment of the Appellate Court in part, holding that a new trial was unnecessary because Defendant lacked standing to pursue a claim alleging a violation of CUTPA. View "Channing Real Estate, LLC v. Gates" on Justia Law

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The trial court found that VitalWorks, Inc. and Cerner Physician Associates, Inc. (together, Defendants) violated the Connecticut Unfair trade Practices Act (CUTPA) by making misrepresentations during the sale of practice management and electronic medical records software to Western Dermatology Consultants, P.C. (Plaintiff). The Appellate Court reversed and directed the trial court to render judgment for Defendants on the CUTPA count, concluding that, under applicable choice of law principles, the law of New Mexico, rather than CUTPA, governed Plaintiff’s unfair trade practices claim. The Supreme Court reversed the judgment of the Appellate Court with respect to its disposition of Plaintiff’s CUTPA claim and otherwise affirmed, holding that the Appellate Court did not err in determining that Plaintiff’s unfair trade practices claim is governed by New Mexico law, but the case must be remanded for a new trial so that New Mexico law can be applied to that claim. Remanded to the trial court for a new trial on Plaintiff’s unfair trade practices claim. View "Western Dermatology Consultants, P.C. v. VitalWorks, Inc." on Justia Law