No specific laws identified for this ruling.
Trial court found defendants violated CUTPA through deceptive misrepresentation about use of construction deposit funds, and appellate court affirmed judgment for plaintiff including punitive damages and attorney's fees.
The plaintiff general contractor sought to recover damages for, inter alia, an alleged violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42-110a et seq.), in connection with a breach of contract claim between the plaintiff and the defendants, a subcontractor, T Co., and its manager, P. Under the contract, T Co. was to perform certain work on a construc- tion project to build a condominium complex at a fixed sum. Although the contract called for payment upon delivery for furnished materials and equipment, the defendants convinced the plaintiff to pay a 30 percent deposit for all of the estimated costs of materials and equipment up front, claiming that the deposit would be used to buy materials ahead of time to avoid an anticipated price increase and to avoid delivery delays. Unknown to the plaintiff, the defendants did not intend to use these funds as promised but, instead, intended to use the funds to finance its payroll and work on other projects. When the invoices for supplies remained unpaid by the defendants, a mechanic's lien was placed on the property and, thereafter, the plaintiff terminated the contract. The trial court concluded that the defendants breached the contract, inter alia, in failing to perform the work and to pay for materials, equipment and labor used, and that the defendants were unjustly enriched. It also found the defendants' conduct was deceptive, unethical and unscrupu- lous and constituted an unfair and deceptive business practice in viola- tion of CUTPA. On the defendants' appeal to this court, held: 1. Contrary to the defendants' claims, there was sufficient evidence of inten- tional, reckless, unethical and unscrupulous conduct by both defendants to establish a violation of CUTPA: the record supported a finding that P, as the manager and controlling member of T Co., knowingly or recklessly engaged in the unscrupulous acts, because he personally represented to the plaintiff that the deposit would be used for materials, l
This summary was generated to explain the ruling in plain English and is not legal advice.
The plaintiff appealed from the trial court's judgment granting the defen- dants' motions to dismiss her retaliatory discharge action, which alleged a violation of the whistleblower statute (§ 31-51m). The plaintiff, while employed at a pizza restaurant owned by the defendant S Co. and managed by the defendant L, submitted a complaint to the local health district reporting unsanitary conditions at the restaurant. The day after a health inspector visited the restaurant and disclosed that the plaintiff had made the complaint, the defendants terminated her employment. The plaintiff claimed that the trial court erred in determining that it lacked subject matter jurisdiction on the ground that she had failed to exhaust administrative remedies available through the Department of Labor, as required by § 31-51m (c). Held: The trial court improperly granted the defendants' motions to dismiss the plaintiff's retaliatory discharge action on the ground that it lacked subject matter jurisdiction, as the plaintiff's action focused on her employer's con- duct in terminating her employment following her complaint to the health district, the substance of which related to public health, not occupational safety or health. Argued September 9—officially released December 16, 2025
The plaintiff appealed from the trial court's judgment granting the defendant town's motion for summary judgment on her complaint alleging, inter alia, pregnancy discrimination. She claimed that the court erred in its determina- tion that there were no genuine issues of material fact as to her claims. Held: The trial court improperly rendered summary judgment for the defendant on the plaintiff's claim of pregnancy discrimination, as the plaintiff presented sufficient evidence in opposition to the defendant's motion for summary judgment to create a genuine issue of material fact as to whether she suffered adverse employment actions when the defendant failed to reinstate her to her original job or an equivalent one and when it failed to promote her following her return from maternity leave, and a rational fact finder could conclude, on the basis of the evidence presented, including the timing and sequence of the alleged adverse employment actions, that the plaintiff pre- sented evidence sufficient to establish a prima facie case of pregnancy discrimination and that the defendant's stated reasons for its actions were a pretext for its unlawful discrimination; accordingly, this court remanded the case for further proceedings on that claim. This court declined to review the plaintiff's claim that the trial court erred in determining that there were no genuine issues of material fact that she was subjected to gender discrimination and in granting the defendant's motion for summary judgment with respect to that claim, as the claim was inadequately briefed. Argued October 15, 2024—officially released November 11, 2025
The plaintiff insured appealed from the trial court's judgment for the defen- dant insurance company on her amended complaint alleging a violation of the Connecticut Unfair Trade Practices Act and a breach of the implied covenant of good faith and fair dealing in an insurance dispute concerning underinsured motorist benefits. She claimed, inter alia, that the court improp- erly granted the defendant's motion to bifurcate and stay discovery. Held: The trial court did not abuse its discretion in granting the defendant's motion to bifurcate and stay discovery, as the court reasonably could have concluded that bifurcation of the claims served interests of convenience and judicial efficiency and may have negated the need to litigate certain other issues. The trial court did not abuse its discretion in denying the plaintiff's motion for an order of compliance with her discovery requests, as the defendant eventually filed a notice of compliance and the plaintiff did not allege any prejudice resulting from the defendant's delay in complying with her discov- ery requests. This court declined to reach the merits of the plaintiff's claim that the trial court erred with respect to certain legal and factual determinations, as the plaintiff failed to furnish an adequate record for review. The trial court applied a proper legal standard in ruling on the counts of the plaintiff's complaint alleging that the defendant failed to act in good faith pursuant to a provision of CUTPA and that it acted in bad faith in violation of the implied covenant of good faith and fair dealing, as the court reasonably could have concluded, in light of the evidence and the related findings of fact, that the plaintiff failed to satisfy her burden of demonstrating that the defendant had acted in bad faith. Argued October 29, 2024—officially released October 28, 2025
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