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Nuzzo & Roberts publishes quarterly newsletters with analysis of recent superior and appellate court case law relevant to the interests of our clients. The newsletters include case details as well as editorial comment, and keep our clients abreast of important changes and developments in Connecticut law.

We currently publish the following newsletters:

General Newsletter
Professional Liability Newsletter
Workers' Compensation Newsletter
Insurance Coverage & Bad Faith


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All rights reserved. These materials may not be reproduced without permission from Nuzzo & Roberts, L.L.C. Additional copies may be requested by contacting us.

These newsletters are designed to provide general information prepared by professionals regarding the subject matter covered. The information contained therein is not and should not be interpreted as legal opinions or legal advice. The discussions of each of the cases, issues and other statures are merely summaries and do not purport to be a full analysis thereof. Moreover, the information may not be completely up to date, as new cases may have been decided and statutes amended since the publication of the newsletters. These newsletters should not be utilized as a substitute for professional service, as the applicability of the law may vary for each factual scenario. Contact us if legal advice is required.
Category: PROFESSIONAL LIABILITY
Issue: 1st Quarter 2014   View in PDF
Topics covered include:
* Legal Malpractice-Breach of Contract - Claim Against Attorney Sounds in Tort and Not Contract Where Plaintiff did Not Allege Breach of Specific Contractual Provision
* Legal Malpractice - Expert Testimony Not Required Where Issue Within Knowledge of Jurors
* Vexatious Litigation - Vexations Litigation Lawsuit Not Ripe Where Underlying Action Still Pending
* Notes - Immunity Bars Emotional Distress Claim Against Attorney Who Represented Plaintiff's Former Wife in Divorce - Good Samaritan Statute Provides Immunity to Emergency Personnel Transporting Plaintiff by Stretcher - § 52-190a, Requiring a Good Faith Certificate and Physician Opinion Letter, Does Not Apply to Claims Alleging Violations of Statutory Psychiatric Patient Bill of Rights - Health Care Providers Do Not Owe Duty of Care to Holder of Patient’s Power of Attorney
Category: PROFESSIONAL LIABILITY
Issue: 4th Quarter 2013   View in PDF
Topics covered include:
* Medical Malpractice - Plaintiff's Expert Qualified to Testify on Issue of Causation
* Notes - Hospital's Removal of Life Support Against Family's Wishes is Extreme and Outrageous as a Matter of Law - Litigation Privilege Extends to Report of Defendant's Expert - Attorney Disqualified From Representing Ex-Wife of Deceased Former Client - Whether Non‑Employee Doctors were Agents of Hospital is Question of Fact Precluding Summary Judgment
Category: PROFESSIONAL LIABILITY
Issue: 3rd Quarter 2013   View in PDF
Topics covered include:
* Attorney Immunity - Attorneys Immune from Suit for Communications Made in Context of Judicial Proceeding
* Attorney Ethics - Attorney Charging Lien in Dissolution Actions Not Prohibited by Rules of Professional Conduct
* Notes - Jury Free to Believe or Disbelieve Expert Testimony - Attorney's Fees Not Permitted to Prevailing Plaintiff in Legal Malpractice Action - Attorney-Client Privilege Belongs to Trustee Personally - Claim Arising from Fall in Hospital Parking Lot Sounds in Simple Negligence - Motion to Reduce Jury Verdict Denied Where Patient Endured 26-Day Coma and Significant Rehabilitation
Category: PROFESSIONAL LIABILITY
Issue: 2nd Quarter 2013   View in PDF
Topics covered include:
* Lawyer Immunity - The Litigation Privilege Provides Absolute Immunity to Opposing Counsel for Fraud and Emotional Distress Claims
* Medical Malpractice - Accidental Failure of Suit Does Not Apply to Prior Malpractice Action Dismissed for Failure to Include Required Opinion Letter From Similar Heath Care Provider
* Legal Malpractice-Statute of Limitations - Continuing Course of Conduct Doctrine Can Toll the Statute of Limitations After the Attorney-Client Relationship Ends
* Notes - Claim Based on Injuries Sustained While Giving Blood Sample During Physical Sounds in Medical Malpractice - Claim Based on Injuries Resulting From Improper Custom Mattress Prescribed for Rehabilitation Sounds in Medical Malpractice - Lawyer Suspended for Conduct While Defendant in Lawsuit - Nursing Home Owed No Duty to More Promptly Report to Daughter Mother's Sexual Assault
Category: PROFESSIONAL LIABILITY
Issue: 1st Quarter 2013   View in PDF
Topics covered include:
* Continuous Treatment Doctrine Does Not Toll Statute of Limitations Once Patient Discovers Injury
* Comparative Negligence Special Defense Not Required to Introduce Evidence of Plaintiff's Post-Treatment Conduct
* Preclusion of Plaintiff's Disclosure of Expert for Failure to Comply with Scheduling Order Affirmed by Appellate Court
* Connecticut's Long Arm Statute Provided Jurisdiction Over Out-of-State Doctor who Treated Connecticut Patient
* Uncertainty of Damages Not Automatic Bar to Legal Malpractice Action
* Malpractice Action Against Attorney's Estate Time Barred
* Opinion Letter in Medical Malpractice Actions Requires Information About Author's Licenses and Certifications
Category: PROFESSIONAL LIABILITY
Issue: Fourth Quarter 2012   View in PDF
Topics covered include:
* Medical Malpractice - Doctor Owes No Duties to Victim of Car Accident for Failing to Advise Patient of Potential Driving Risks Associated With Condition
* Accountant Malpractice - Accountant's Preparation of Tax Returns Does Not Give Rise to a Fiduciary Relationship
* Notes - Arbitration Proceeding Not "Civil Action" and Cannot Give Rise to Vexatious Litigation Claim - Attorney-client Privilege Waived by Placing Privileged Communications at Issue - Allegations Regarding Reasonableness of Attorney's Fees Are Actionable Under CUTPA - Good Faith Certificate Required as to Each Agent for Which Plaintiff Seeks to Hold Defendant Vicariously Liable - Where Single and Common Professional Standard of Care at Issue Expert need not be Similar Health Care Provider - Attorney Found Guilty of Ethical Violation for Failing to Pay Rent Pursuant to Stipulation
Category: PROFESSIONAL LIABILITY
Issue: Third Quarter 2012   View in PDF
Topics covered include:
* Attorney-Client Privilege - Order Requiring Non-party to Produce Potentially Privileged Documents Immediately Appealable
* Legal Malpractice - Executrix of Estate Lacked Standing to Sue for Malpractice in Individual Capacity
* Notes - Prejudicial Testimony by Medical Expert Required Curative Instruction - Contract Claim against Lawyer Requires Allegations that Defendant Agreed to Obtain Specific Result - Requirements of § 52-190a Do Not Apply to Claims for Veterinary Malpractice - Allegations Regarding Feasibility of Stopping Procedure Required in Informed Consent Battery Claim - Court Permits Amendment to Opinion Letter in Medical Malpractice Action
Category: PROFESSIONAL LIABILITY
Issue: Second Quarter 2012   View in PDF
Topics covered include:
* Lawyer Immunity - Qualified Immunity for § 1983 Claim Applies to Private Attorney Engaged in Public Service - Conservators Entitled to Quasi-Judicial Immunity When Court Ratifies Conduct or When Executing Court Order
* Medical Malpractice - "Detailed Basis" Requirement of § 52-190a Satisfied by Statement that Defendant Failed to Prevent Injury
* Notes - Plaintiff Not Intended and Foreseeable Beneficiary of Defendant's Representation of Client - Court Strikes Professional Negligence Claim against Social Worker - Court Dismissed Medical Malpractice Action Where Opinion Fails to Specify Doctor's Qualifications - Court Declines to Adopt Wrongful Conduct Rule
Category: PROFESSIONAL LIABILITY
Issue: First Quarter 2012   View in PDF
Topics covered include:
* Legal Malpractice - Court's Criticism of Attorney did not Excuse Expert Requirement in Legal Malpractice Action
* Medical Malpractice - General Statutes § 52-190a Requires Identity of Qualifications of Author of Opinion Letter
* Notes - Failure to Produce Literature Relied on for Medical Opinion Results in Sanctions - Grievance Committee's Criticism of Attorney When Dismissing Grievance is not Actionable - Malpractice Action not Ripe Until Final Judgment in Underlying Probate Matter - In Action on Note, Conflict Arose When Client and Attorney Both Claimed Interest in Property - Apportionment Complaint Dismissed Where Underlying Claims did not Fall Within Apportionment Statute
Category: PROFESSIONAL LIABILITY
Issue: Fall 2011   View in PDF
Topics covered include:
* Medical Malpractice - Defense Verdict Reversed Based on Improper Mitigation Jury Instruction
* Notes - Claims Arising From Staff's Alleged Rude Behavior During Delivery Sounded in Medical Malpractice Requiring Opinion Letter and Good Faith Certificate - Summary Judgment Denied due to Questions of Fact on Issue of Apparent Agency - Malpractice Action Fails Under Theories of Third Party Beneficiary and Equitable Subrogation - Special Public Defender Reprimanded for Submitting Inaccurate Billing Records - Special Public Defender Immune From Claims of Professional Negligence
Category: PROFESSIONAL LIABILITY
Issue: Summer 2011   View in PDF
Topics covered include:
* Medical Malpractice - Challenge to Opinion Letter Implicates Personal Jurisdiction Which Can Be Waived
* Professional Ethics - Requiring Written Response to a Grievance Complaint is Not in Violation of Fifth Amendment
* Notes - Court Permits § 52-190a Opinion Letter to be Supplemented by Affidavit - Presentment Continues Despite Appeal of Denial of Motion to Dismiss - Trust Beneficiaries Do Not Have Standing to Sue Counsel for Trust - Claim Against Doctor for Releasing Medical Records Is Not Subject to Requirements of § 52-190a - Mother's Negligent Infliction of Emotional Distress Claim Stemming from Birth is Actionable
Category: PROFESSIONAL LIABILITY
Issue: Spring 2011   View in PDF
Topics covered include:
* Legal Malpractice - Continuous Representation Doctrine Does Not Save Time Barred Claims
* Absolute Immunity - Lawyers Immune From Suit by Former Adversary for Misrepresentations Made in Connection with Judicial Proceeding
* Medical Malpractice - Prior Judgment for Failure to Include Opinion Letter was Res Judicata
* Notes - Claim of Lack of Informed Consent Is Not a Medical Negligence Claim Subject to Statutory Requirements - Grievance Committee Permitted to Consider Late Submissions - Lack of Expert Testimony Fatal to Plaintiff's Legal Malpractice Case
Category: PROFESSIONAL LIABILITY
Issue: Winter 2011   View in PDF
Topics covered include:
* Legal Malpractice - Expert Testimony Requirement Cannot be Avoided by Pleading Malpractice Claim as Fiduciary Duty Claim
* Medical Malpractice - Expert Disclosure Sufficient to Permit Testimony on What Did Not Cause Plaintiff's Injuries - Summary Judgment Based on Plaintiffs' Lack of Expert Affirmed Where Plaintiff Withdrew Expert Disclosure to Circumvent Court's Scheduling Order
* Notes - Dismissal of Medical Malpractice Case Affirmed Where Opinion Letter Not Authored by Health Care Provider With Same Specialty as Defendant - Accidental Failure of Suit Statute Does Not Save Medical Malpractice Case Dismissed for Lack of Opinion Letter - Attorney Not Required to Independently Verify Facts in Client's Affidavit
Category: PROFESSIONAL LIABILITY
Issue: December 2010   View in PDF
Topics covered include:
* Legal Malpractice - Legal Malpractice Counterclaim Fails Due to Lack of Expert Testimony
* Attorney Ethics - Accusations Against Judge Must be Based on Objective Belief in Truth of Statements
* Notes - Legal Malpractice Claim Barred by Three Year Statute of Limitations - Attorneys Not Limited to Hourly Fee in Domestic Relations Matters - Medical Malpractice Claim Barred by Two Year Statute of Limitations - Committee on Professional Ethics Informal Opinion-Application of Professional Conduct When There is No Attorney Client Relationship
Category: PROFESSIONAL LIABILITY
Issue: October 2010   View in PDF
Topics covered include:
* Attorney Ethics - Probate Court Approval Required Before Attorney Takes Fee
* Legal Malpractice - Claims Related to Estate Planning Advise Governed by C.G.S. §52-577
* Notes - Fee Agreement Not Required Where Attorney Regularly Represented Party - Counter Claim For Legal Malpractice Speculative and Not Ripe For Adjudication - Claim For Failure to Supervise is Ordinary Negligence and Therefore Good Faith Certificate Not Required - Court Appointed Attorney For Minor is Immune From Suit
Category: PROFESSIONAL LIABILITY
Issue: August 2010   View in PDF
Topics covered include:
* Appellate Court Affirms Dismissal of Complaint for Failure to Comply with C.G.S. § 52-190a
* Fraudulent Concealment Claim Stricken Due to Insufficient Allegations
* Allegations of Wrongful Advertisement Sufficient for CUTPA Claim Against Real Estate Agent
* Challenging an Opinion Letter Under C.G.S. § 52-190a Implicates Personal Jurisdiction
* Insurance Agent Malpractice and CUTPA Claims Barred by Three-Year Statute of Limitation
* Prior Representation in Will and Real Estate Matters Does Not Create Conflict of Interest in Subsequent Representation of Adverse Party in Personal Injury Case
Category: PROFESSIONAL LIABILITY
Issue: June 2010   View in PDF
Topics covered include:
* Legal Malpractice - Summary Judgment Granted in Favor of Defendant on Issue of Causation
* Notes - Malicious Prosecution Statute of Limitations Begins to Run When Defendant Replaced as Counsel - Guardian Ad Litem's File Not Protected by Attorney-Client Privilege or Work Product Doctrine - Negligent Homicide with a Motor Vehicle Not "Serious Crime" Under Rules of Professional Conduct - Connecticut Ethics Committee Informal Opinion-Lawyer Assisting a Pro Se Litigant is Not Obligated to Disclose Such Assistance to the Court
Category: PROFESSIONAL LIABILITY
Issue: April 2010   View in PDF
Topics covered include:
* Medical Malpractice - Appellate Court Held Medical Opinion was Sufficient to Comply with the Requirements of C.G.S. § 52-190a - Purported Medical Malpractice Action Barred by Prior Pending Action Doctrine
* Notes - Plaintiff's Legal Malpractice Claim Barred by Three Year Statute of Limitations in C.G.S. § 52-577 - Breach of Contract and CUTPA Claims Against Attorney Fail to State Causes of Action - Medical Opinion Pursuant to C.G.S. § 52-190a Not Required Where Medical Malpractice is Grossly Apparent - Court Permits Widow's Claim of Interference With Dead Bodies Against Hospital
Category: PROFESSIONAL LIABILITY
Issue: February 2010   View in PDF
Topics covered include:
* Medical Malpractice - Connecticut Court has Jurisdiction Over Out-of-State Radiologist Who Reviewed Films of Connecticut Patient
* Notes - Statute of Limitation Bars Legal Malpractice Claim - Attorney Grievance-Due Process Not Violated by Participation of Committee Member Absent from Hearing - Expert's Inflammatory and Prejudicial Testimony Regarding Defensive Medicine Warranted Mistrial - Altering Medicine Records Considered "Entrepreneurial" for Purposes of CUTPA Claim Against Doctor
Category: PROFESSIONAL LIABILITY
Issue: December 2009   View in PDF
Topics covered include:
* Legal Malpractice - Expert Testimony Required for Claims Based on Failure to Appear at Probate Hearing and to Advise of Appellate Rights
* Medical Malpractice - Motion for Directed Verdict Overturned-Jury could have Reasonably Found Defendant did not Warn of Drug Risks
* Notes - Motion to Set Aside $1.5 Million Medical Malpractice Verdict Denied - Certificate of Good Faith Not Required in Action Alleging Lack of Informed Consent - Partial Summary Judgment Granted in Accountant Malpractice Subrogation Action Where Claims Barred by Three Year Statute of Limitations - Proving "Case within the Case" Not Required in Legal Malpractice Actions When Underlying Case Fully Litigated
Category: PROFESSIONAL LIABILITY
Issue: October 2009   View in PDF
Topics covered include:
* Attorney Ethics - Former Employee of Law Firm Entitled to Referral Fee Despite New Employer's Conflict of Interest
* Medical Malpractice - Opinion Letter by Surgeon Insufficient in Malpractice Claim Against Emergency Physician
* Notes - Claim that Attorney Failed to Include Life Insurance Provision in Divorce Settlement Agreement Justiciable - CUTPA Claim Stricken Because No Ascertainable Loss - Breach of Contract, CUTPA and Intentional Infliction of Emotional Distress Claims Stricken in Legal Malpractice Action - Physician Violated the Standard of Care By Failing to Monitor Long-Term Effects of Medication
Category: PROFESSIONAL LIABILITY
Issue: August 2009   View in PDF
Topics covered include:
* Legal Malpractice - Malpractice Claim Ripe While Underlying Action Still Pending
* Medical Malpractice - Written Opinion of Similar Health Care Provider Need Not Address Causation
* Notes - CUTPA Claim Stricken Because No Entrepreneurial Conduct Alleged - No Civil Forgery Claim Based on Forged HUD-1 Statement - Bystander Emotional Distress Claims Not Allowed in Medical Malpractice Case - Statewide Grievance Reviewing Committee Decision Not Appealable
Category: PROFESSIONAL LIABILITY
Issue: June 2009   View in PDF
Topics covered include:
* Medical Malpractice - Summary Judgment Affirmed Where Plaintiff Fails to Disclose Expert Witness in Lawsuit Alleging Malpractice and Breach of Contract
* Notes - Discovery and Evidentiary Hearing Not Required Prior to Ruling on Motion to Dismiss for Lack of Subject Matter Jurisdiction - Absolute Judicial Immunity Bars Claim Against Probate Judge - Quasi-Judicial Immunity Bars Claims Against Court Appointed Attorney - Apportionment Not Permitted in Legal Malpractice Action - Claims of Fraudulent Conduct Sufficient to State a CUTPA Claim Against Lawyer
Category: PROFESSIONAL LIABILITY
Issue: April 2009   View in PDF
Topics covered include:
* Medical Malpractice - Appellate Court Affirms Dismissal of Complaint for Failure to Comply with Requirements Under Conn. Gen. Stat. § 52-190a
* Notes - Legal Malpractice Claim Fails Due to Lack of Expert Testimony - Untimely and Prejudicial Amended Complaint Not Allowed - Psychiatrist Qualifies as "Similar Health Care Provider," Where Claims Involved Patient's Mental Status and Psychiatric History - Legal Malpractice Claim Barred by Statute of Limitations
Category: PROFESSIONAL LIABILITY
Issue: February 2009   View in PDF
Topics covered include:
* Legal Malpractice - Plaintiff Not Collaterally Estopped From Relitigating Issue of Existence of Attorney-Client Relationship
* Medical Malpractice - Statute of Repose Not Tolled
* Notes - Investment Advisor Malpractice Claim Barred by Statute of Limitations - Claim of Excessive Fees Sufficient for CUTPA Claim Against a Lawyer - Despite Medical Problems, Accountant Liable for Malpractice - Negligent Infliction of Emotional Distress Claim Not Permitted in Childbirth Medical Malpractice Case
Category: PROFESSIONAL LIABILITY
Issue: December 2008   View in PDF
Topics covered include:
* Professional Ethics - Attorney Violated Rule 3.1 Regarding Candor by Including Frivolous Allegations in a Motion to Disqualify
* Legal Malpractice - Summary Judgment in Favor of Defendant Reversed Despite Plaintiff's Failure to Disclose Expert in Timely Manner
* Notes - Speculation and Conjecture Insufficient to Defeat Summary Judgment - Surveyor Breached Standard of Care by Failing to Certify that There Were no "Visible Encroachments" - Retainer Agreement Sufficient to Support Breach of Contract Claim - Medical Malpractice Complaint Dismissed for Failure to File Sufficient Opinion Letter from Similar Health Care Provider
Category: PROFESSIONAL LIABILITY
Issue: October 2008   View in PDF
Topics covered include:
* Habeas Corpus Determination Precluded Re-litigation of Causation in Legal Malpractice Action
* Breach of Oral Contract Claim Barred by Three Year Statute of Limitations
* Lawyer's Fees and Identity of Party Paying the Fees Are Not Protected by Attorney-Client Privilege
* Dismissal of Grievance Complaint Cannot Be Appealed
* Pro-se Plaintiff's Medical Malpractice Complaint Dismissed for Failure to File Good Faith Certificate
* Action Against Executors Not Ripe Where Estate at Issue Still Open
Category: PROFESSIONAL LIABILITY
Issue: August 2008   View in PDF
Topics covered include:
* Legal Malpractice - Legal Malpractice Counterclaim Fails Due to Lack of Expert Testimony
* Professional Ethics - Note and Mortgage in Favor of Counsel Not Grounds for Disqualification
* Medical Malpractice - Failure of Loss of Chance Claim Does Not Preclude Other Claims
* Notes - Causation Could Not be Established Where Underlying Appeal was Not Viable
* Assignment of Agent Malpractice Action Permitted
* Causation Expert Needed in Medical Malpractice Action
Category: PROFESSIONAL LIABILITY
Issue: June 2008   View in PDF
Topics covered include:
* Legal Malpractice - Claims of Negligence Insufficient to State a Cause of Action for Breach of Contract
* Medical Malpractice - Question of Fact Regarding Application of Continuous Course of Conduct Doctrine
* Notes - Intentional Conduct Alone Insufficient to State a Claim Under CUTPA
* Court Appointed Attorney Not Entitled to Immunity
* CUTPA Claim Based Solely on Over-Billing Insufficient
* Court Permits Negligent Infliction of Emotional Distress Claim in Medical Malpractice Action
Category: PROFESSIONAL LIABILITY
Issue: April 2008   View in PDF
Topics covered include:
* Connecticut Unfair Trade Practices Act - Negotiation and Collection of an Excessive Legal Fee May Give Rise to CUTPA Claim
* Notes - Pre-Hearing Discovery in Attorney Discipline Matters Not Permitted
* Allegations Regarding Fee Agreement Sufficient to Support CUTPA Claim
* Plaintiff's Allegation of Specific Request Sufficient for Breach of Contract Claim Against Insurance Agent
* Allegations that Attorney Failed to Bring a Lawsuit May be Sufficient for Breach of Contract Claim
* Opinions from Similar Health Care Provider Must be Obtained Prior to Filing Suit
Category: PROFESSIONAL LIABILITY
Issue: February 2008   View in PDF
Topics covered include:
* Legal Malpractice - Judgment for Defendant Lawyer Following Bench Trial
* Breach of Contract - Summary Judgment for Defendant Affirmed Because Existence of Contract Not Proven
* Professional Ethics - Attorney Violated Rules 3.1 and 3.3 Regarding Candor by Continually Claiming Attorney-Client Privilege After Waiving It
* Notes - No Breach of Fiduciary Duty for Conduct Occurring After Termination of the Attorney-Client Relationship
* Conflict in Representing Multiple Clients Does Not Give Rise to a Claim for Breach of Fiduciary Duty
* Motion to Dismiss Denied Despite Pro Se Plaintiff's Failure to File Certificate of Good Faith
Category: PROFESSIONAL LIABILITY
Issue: December 2007   View in PDF
Topics covered include:
* Legal Malpractice - Claim That Attorney Failed to Deliver Title Without Restrictions Does Not State a Cause of Action for Breach of Contract
* Professional Ethics - Attorney Violated Rule 1.4(a) Regarding Communications by Failing to Respond to Telephone Calls and Correspondence From Client
* Notes - No Right of Bystander Emotional Distress Arising From Medical Malpractice
* Misrepresentation By Real Estate Agents Triggers CUTPA Claim
* Certificate of Good Faith Need Not Specify Every Negligent Party
* Inability to Market Property is Property Damage
Category: PROFESSIONAL LIABILITY
Issue: October 2007   View in PDF
Topics covered include:
* Vexatious Litigation - Application of the 'Probable Cause' Standard against a Defendant Law Firm
* Professional Ethics - Attorney Reprimand Upheld Where Based on Clear and Convincing Evidence of Rule Violation
* Notes - Attorney/Client Privilege Waived as to Insurer's File
* Doctor Owes No Duty to Provide Post Discharge Advice to Patient's Relatives
* Refusal to Provide Patient With Medical Records Triggers CUTPA
* Medical Malpractice - Good Faith Certificate Must be From 'Similar Health Care Provider'
Category: PROFESSIONAL LIABILITY
Issue: August 2007   View in PDF
Topics covered include:
* Attorney-Client Privilege - Attorney-Client Privilege Waived as to Successor Counsel in Underlying Litigation
* Continuous Representation Doctrine - Legal Malpractice Statute of Limitations not Tolled by Continuous Representation Doctrine
* Notes - Malpractice Claim for Failure to File Dram Shop Claim Ripe Despite Pending Action Against Bar
* Improperly Admitted Evidence of Informed Consent Found to be Harmless Error
* Fraudulent Misrepresentation Claim Stricken Due to Insufficient Allegations of Knowledge
* Expert Testimony of Whether Plaintiff Would Have Prevailed in Underlying Action not Permitted
Category: PROFESSIONAL LIABILITY
Issue: June 2007   View in PDF
Topics covered include:
* Medical Malpractice - Supreme Court Finds That Continuous Treatment Doctrine is Generally Not Applicable to Provider of Consultative Diagnostic Services
* Personal Jurisdiction-Long Arm Statute - Out-of-State Law Firm's Mailing of Two Letters of Representation to Connecticut Company Insufficient to Confer Jurisdiction Under Long-Arm Statute
* Notes - Breach of Contract and Breach of Fiduciary Duty Claims Stricken Due to Insufficient Allegations
* Expert Testimony Regarding Standard of Care is Required to Support Claim Against Criminal Defense Attorney
* Allegations of Simple Negligence Rather Than Medical Malpractice Do Not Require Certificate of Food Faith
* Allegations of Medical Malpractice Require a Certificate of Good Faith
Category: PROFESSIONAL LIABILITY
Issue: April 2007   View in PDF
Topics covered include:
* Vexatious Litigation - Filing an Application for Prejudgment Remedy is not a "Civil Action" for Purposes of a Vexatious Litigation Claim
* Legal Malpractice and Ripeness - Malpractice Claim is Ripe Even Though Underlying Action Still on Appeal
* Apportionment Against Lawyer Permitted Where Loss of Use of Property Alleged
* Allegation That Attorney Attempted to Avoid Business Expense by Concealing Malpractice Did Not Give Rise to CUTPA Claim
* Dentist Practice Could be Held Vicariously Liable for Negligence of Dentist Employee
* Claim Against Hospital Arising From Fall During X-ray Alleges Medical Malpractice
Category: PROFESSIONAL LIABILITY
Issue: February 2007   View in PDF
Topics covered include:
* Vexatious Litigation - Standard for Probable Cause for Bringing a Lawsuit is an Objective One, Based on a Reasonable, Good Faith Belief in the Facts Alleged
* In Claim for Indemnification, Question of Fact as to Exclusive Control
* Legal Malpractice Claim Non-Justiciable When Damages Uncertain Due to Pending Action
* Emotional Distress Claim by Mother Who Observed Newborn's Death Not Permitted
* Expert Testimony Required to Establish Defendant's Claim that Firm Provided Inadequate Legal Services
Category: PROFESSIONAL LIABILITY
Issue: December 2006   View in PDF
Topics covered include:
* Legal Malpractice - Seller's Attorney in Real Estate Closing not Liable to Buyers. Attorney for Common Law Indemnity
* Insurance Adjuster Malpractice - Expert Testimony not Required in Adjuster Malpractice Action Where Adjuster Failed to File Proper Notice with Second Injury Fund
* Certificate of Good Faith in Medical Malpractice Actions
* Insurance Agents Owe Duty to Recommend Coverage
* Legal Malpractice Claim by Non-Client not Permitted
Category: PROFESSIONAL LIABILITY
Issue: October 2006   View in PDF
Topics covered include:
* Medical Malpractice - Statute of Limitations Not Tolled Based on Continuous Treatment or Conduct Where Plaintiff Subsequently Treated by Different Physician in Defendant's Practice
* Medical Malpractice - Lack of Informed Consent Claim May Not be Based on Physician's Failure to Disclose Prior Experiences With Medical Procedure
* Negligent Misrepresentation Claim by Non-Client Permitted
* Continuous Treatment and Continuous Course of Conduct Doctrines Not Applicable
* Lack of Informed Consent Claim Cannot be Based on Failure to Explain Tests or Failure to Recommend Additional Testing
* Failure to Attach Written Opinion of Similar Healthcare Provider is Not Grounds for Dismissal
Category: PROFESSIONAL LIABILITY
Issue: August 2006   View in PDF
Topics covered include:
* Medical Malpractice - Minor Plaintiff Lacks Sufficient Life Experience to Testify as to Whether Consent for Plastic Surgery Procedure Would Have Been Given if Informed of Risks
* Conflict of Interest - Preliminary Consultation Between an Attorney and Prospective Client Creates a Fiduciary Relationship
* Legal Malpractice - Written Fee Agreement is Valid Even if Not Signed by Client
* Medical Malpractice - Expert Testimony Required Under Theory of Lost Chance Doctrine
* Legal Malpractice - Breach of Contract Claims
* Dental Malpractice - Claim Alleging Extraction of Wrong Tooth was Claim for Medical Malpractice Requiring Certificate of Good Faith
Category: PROFESSIONAL LIABILITY
Issue: June 2006   View in PDF
Topics covered include:
* Legal Malpractice - Expert Testimony Required to Establish Failure to Discover and Present Favorable Evidence was Breach of Standard of Care and Proximate Cause of Damages
* Medical Malpractice - Hospital has No Duty to Inform Patient of Risks of Blood Transfusion
* CUTPA (Connecticut Unfair Trade Practices Act) - Failure to Disclose Disbarment
* CUTPA - Solicitation of Business
* Medical Malpractice - Certificate of Good Faith
* Accountant Malpractice - Claims by Third Parties
Category: PROFESSIONAL LIABILITY
Issue: April 2006   View in PDF
Topics covered include:
* Medical Malpractice - Patient Required to Present Expert Testimony to Establish Applicable Standard of Care of Hospital in Credentialing Physician
* Rules of Professional Conduct - Client's Appointment of an Agent Does Not Eliminate Attorney's Responsibility to Directly Communicate with Client
* Emotional Distress Damages in Wrongful Birth Case
* Plaintiff Need Not Bring Futile Underlying Claim for Legal Malpractice Claim to be Ripe
* Statute Providing for 90-Day Extension of the Statute of Limitations for Claim against Healthcare Provider Does Not Violate Due Process
* Claims against Allegedly Negligent Insurance Agents are Assignable
Category: PROFESSIONAL LIABILITY
Issue: February 2006   View in PDF
Topics covered include:
* Medical Malpractice - Plaintiff's Treating Physician Precluded from Testifying on Causation as Sanction for Late Disclosure of Expert
* Vexatious Litigation - Standard for Probable Cause for Bringing a Lawsuit is an Objective One Based on the Facts Known to the Attorney When the Suit was Commenced
* Continuous Course of Representation Doctrine - CUTPA
* Emotional Distress Claim Based on Termination of Life Support
* Legal Malpractice - Attorney-Client Relationship
* Medical Malpractice - Battery Claim
* Statute of Limitations Begins to Run at Time of Granting of Summary Judgment
Category: PROFESSIONAL LIABILITY
Issue: December 2005   View in PDF
Topics covered include:
* Legal Malpractice - Assignment of Legal Malpractice Claim or its Proceeds is Against Public Policy
* Abuse of Process - Abuse of Process Claim Premature When Underlying Action Pending - Fee Agreements for Legal Services in Exchange for Real Property - Tolling Doctrines Did Not Save Medical Malpractice Claim Arising From Alleged Misreading of Mammograms
Category: PROFESSIONAL LIABILITY
Issue: September 2005   View in PDF
Topics covered include:
* Vexatious Litigation - Vexatious Litigation Action against an Attorney is Determined by an Objective Standard of Probable Cause
* Medical Malpractice - Expert Testimony - Cardiologist Cannot Testify as to the Standard of Care of a Plastic Surgeon Whose Patient Suffered a Stroke as a Result of His Recommendation that She Stop Taking Anticoagulant Medication
* Immunity for Attorneys - Attorney Appointed by Court to Represent a Child in a Marital Dissolution Action is Entitled to Absolute Immunity
* Experts in Legal Malpractice Actions
* Breach of Contract Claims against Lawyers
* Law Firm's Liability for Actions of a Former Partner
* Discovery in Medical Malpractice Actions
* Attorney's Failure to File Offer of Judgment - Legal Malpractice
Category: PROFESSIONAL LIABILITY
Issue: June 2005   View in PDF
Topics covered include:
* Attorney-Client Privilege - Client Waives Attorney-Client Privilege as to All Attorneys Who Represented Him in Lawsuit That is Subject of Legal Malpractice Action
* Medical Malpractice - Evidence of Prior Bad Result with Medical Procedure Admissible
* Legal Malpractice - Under Some Circumstances, a Legal Malpractice Action is Tolled Until the Underlying Action is Resolved
* Connecticut Unfair Trade Practices Act - Legal Malpractice
* Informed Consent - Dental Malpractice
* Expert Testimony - Legal Malpractice
* Violation of Regulation - Medical Malpractice
* Continuous Representation - Professional Malpractice
* Causation - Medical Malpractice
* Grievance - Rules of Professional Conduct
Category: PROFESSIONAL LIABILITY
Issue: March 2005   View in PDF
Topics covered include:
* Medical Malpractice - Expert Testimony
* Legal Malpractice - Statute of Limitations
* Collateral Estoppel Precludes Legal Malpractice Action
* Apportionment Not Permitted against an Opponent's Attorney
* A Registered Nurse is Qualified to Provide the Medical Opinion upon Which a Claimant's Good Faith Certificate is Based
* Duty of Care to Litigation Adversary
* Negligent Conduct Insufficient to Support Claims
* Attorney's Failure to Return Documents to Prospective Client Constitutes Negligence
Category: PROFESSIONAL LIABILITY
Issue: December 2004   View in PDF
Topics covered include:
* Expert Testimony-Under Some Circumstances, A Judge Can Use His Own Expertise to Assess Standard of Care in A Legal Malpractice Case
* Medical Malpractice Statute of Limitations-90-day Extension of Time Applies to Statute of Repose
* Legal Malpractice-Ripeness
* Medical Advice by An Attorney
* Tolling the Statute of Limitations-Medical Malpractice
* Certificates of Good Faith
* Fiduciary Duty
* Expert Testimony-Reasonableness of Fees
Category: PROFESSIONAL LIABILITY
Issue: June 2003   View in PDF
Topics covered include:
* Insurance Coverage
* Legal Malpractice

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