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Tellar v. Abbott Laboratories, Inc.

Conn. App. Ct.May 5, 2009No. AC 29504Cited 18 times
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Case Details

Judge(s)
Flynn, Gruendel, Harper
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

DiscriminationConstructive Discharge

Outcome

The Connecticut Appellate Court reversed the trial court's dismissal of plaintiff's age and gender discrimination action, holding that the accidental failure of suit statute (§ 52-592) applied because the prior dismissal resulted from excusable neglect (attorney's family medical emergencies) rather than egregious misconduct.

What This Ruling Means

**Tellar v. Abbott Laboratories: Court Gives Worker Second Chance After Attorney Problems** This case involved an employee who sued Abbott Laboratories for age and gender discrimination and constructive discharge (being forced to quit due to intolerable working conditions). The worker's original lawsuit was dismissed by a lower court, but not because the claims lacked merit. The Connecticut Appellate Court reversed the dismissal and allowed the case to proceed. The court found that the original case was dismissed due to the worker's attorney experiencing family medical emergencies, which constituted "excusable neglect" rather than serious misconduct. Under Connecticut's "accidental failure of suit" law, when a case is dismissed for reasons beyond a plaintiff's control - like attorney emergencies - the worker gets another chance to pursue their claims. **What this means for workers:** If your discrimination lawsuit gets dismissed because of problems with your lawyer (like medical emergencies or other unavoidable circumstances), you may be able to restart your case under Connecticut law. The court recognized that workers shouldn't lose their right to seek justice simply because their attorney faced genuine emergencies. However, this protection doesn't apply if the dismissal resulted from serious attorney misconduct or your own actions.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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