burden claim (Connecticut) · Go Syfert
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burden claim in Connecticut

27 Connecticut opinions name it 3 courts 1990–2025 3 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Fonfara v. Reapportionment Commissiongreen
conn · 1992 · cited in 3 Connecticut opinions naming this issue, 1993–1994
2 sentences

1994“Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly . . . the burden on such a claim rests upon the person asserting it.” Fonfara v. Reapportionment Commission, 222 Conn. 166, 177 , 610 A.2d 153 (1992).

1994“Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly . . . the burden on such a claim rests upon the person asserting it.” Fonfara v. Reapportionment Commission, 222 Conn. 166, 177 , 610 A.2d 153 (1992).

13
Obeda v. Board of Selectmengreen
conn · 1980 · cited in 2 Connecticut opinions naming this issue, 1994–1995
2 sentences

1995What we said in Obeda v. Board of Selectmen , 180 Conn. 521 , 523-24 , 429 A.2d 956 (1980), bears repeating: "While it is true that neutrality and impartiality of members of administrative boards and commissions are essential to the fair and proper operation of these authorities . . . a charge of bias CT Page 3280 must be supported by some evidence proving probability of bias before an official can be faulted . . . ." Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly[,] . . . the burden on such a claim res

1995What we said in Obeda v. Board of Selectmen , 180 Conn. 521 , 523-24 , 429 A.2d 956 (1980), bears repeating: "While it is true that neutrality and impartiality of members of administrative boards and commissions are essential to the fair and proper operation of these authorities . . . a charge of bias CT Page 3280 must be supported by some evidence proving probability of bias before an official can be faulted . . . ." Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly[,] . . . the burden on such a claim res

12
Housing Authority v. Lamothegreen
conn · 1993 · cited in 1 Connecticut opinions naming this issue, 2002–2002
2 sentences

2002See Housing Authority v. Lamothe, 225 Conn. 757, 769 , 627 A.2d 367 (1993).

2002See Housing Authority v. Lamothe, 225 Conn. 757, 769 , 627 A.2d 367 (1993).

11
Jerry Harmon Motors, Inc. v. Hethgreen
nd · 1982 · cited in 1 Connecticut opinions naming this issue, 1990–1990
1 sentence

1990“Equity is a two-way street and must be recognized as such wherever the court employs equity to resolve a dispute.” Jerry Harmon Motors, Inc. v. Heth, 316 N.W.2d 324, 329 (N.D. 1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (20)

CaseCitedYears
Huck v. Inland Wetlands & Watercourses Agency of Greenwich green
conn · 1987
2 sentences

2001"Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly . . . the burden on such a claim rests upon the person asserting it." (Citations omitted.) Huck v. Inland Wetlands Watercourses Agency , 203 Conn. 525 , 537 (1987).

1999Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly . . . the burden on such a claim rests upon the person asserting it." (Citations omitted; internal quotation marks omitted.) Huck v. Inland Wetlands Watercourses Agency , 203 Conn. 525 , 536 , 525 A.2d 940 (1987).

111991–2001
Hills v. Zoning Commission green
conn · 1953
2 sentences

1994As to other grounds for administrative appeals based on material outside the documentary record, the Connecticut Supreme Court had held that the appellant has the duty of producing the evidentiary record necessary for a court to decide its claims: Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly; Brookfield v. Candlewood Shores Estate, Inc. , 201 Conn. 1 , 7 , 513 A.2d 1218 (1986); Balch Pontiac-Buick, Inc. v. Commissioner of Motor Vehicles , 165 Conn. 559 , 568 , 345 A.2d 520 (1973); Hills v. Zoning Comm

1994As to other grounds for administrative appeals based on material outside the documentary record, the Connecticut Supreme Court had held that the appellant has the duty of producing the evidentiary record necessary for a court to decide its claims: Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly; Brookfield v. Candlewood Shores Estate, Inc. , 201 Conn. 1 , 7 , 513 A.2d 1218 (1986); Balch Pontiac-Buick, Inc. v. Commissioner of Motor Vehicles , 165 Conn. 559 , 568 , 345 A.2d 520 (1973); Hills v. Zoning Comm

51991–1994
Town of Brookfield v. Candlewood Shores Estates, Inc. green
conn · 1986
2 sentences

1994As to other grounds for administrative appeals based on material outside the documentary record, the Connecticut Supreme Court had held that the appellant has the duty of producing the evidentiary record necessary for a court to decide its claims: Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly; Brookfield v. Candlewood Shores Estate, Inc. , 201 Conn. 1 , 7 , 513 A.2d 1218 (1986); Balch Pontiac-Buick, Inc. v. Commissioner of Motor Vehicles , 165 Conn. 559 , 568 , 345 A.2d 520 (1973); Hills v. Zoning Comm

1994As to other grounds for administrative appeals based on material outside the documentary record, the Connecticut Supreme Court had held that the appellant has the duty of producing the evidentiary record necessary for a court to decide its claims: Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly; Brookfield v. Candlewood Shores Estate, Inc. , 201 Conn. 1 , 7 , 513 A.2d 1218 (1986); Balch Pontiac-Buick, Inc. v. Commissioner of Motor Vehicles , 165 Conn. 559 , 568 , 345 A.2d 520 (1973); Hills v. Zoning Comm

51991–1994
Balch Pontiac-Buick, Inc. v. Commissioner of Motor Vehicles green
conn · 1973
2 sentences

1994As to other grounds for administrative appeals based on material outside the documentary record, the Connecticut Supreme Court had held that the appellant has the duty of producing the evidentiary record necessary for a court to decide its claims: Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly; Brookfield v. Candlewood Shores Estate, Inc. , 201 Conn. 1 , 7 , 513 A.2d 1218 (1986); Balch Pontiac-Buick, Inc. v. Commissioner of Motor Vehicles , 165 Conn. 559 , 568 , 345 A.2d 520 (1973); Hills v. Zoning Comm

1994As to other grounds for administrative appeals based on material outside the documentary record, the Connecticut Supreme Court had held that the appellant has the duty of producing the evidentiary record necessary for a court to decide its claims: Because public officers, acting in their official capacities, are presumed, until the contrary appears, to have acted legally and properly; Brookfield v. Candlewood Shores Estate, Inc. , 201 Conn. 1 , 7 , 513 A.2d 1218 (1986); Balch Pontiac-Buick, Inc. v. Commissioner of Motor Vehicles , 165 Conn. 559 , 568 , 345 A.2d 520 (1973); Hills v. Zoning Comm

51991–1994
Sheldon Appel Co. v. Albert & Oliker green
cal · 1989
2 sentences

2016Rptr. 98 , 101 ), quoting Sheldon Appel Co. v. Albert & Oliker, 47 Cal.3d 863 , 883, 765 P.2d 498 , 254 Cal.Rptr. 336 (1989).

2016Rptr. 98 , 101 ), quoting Sheldon Appel Co. v. Albert & Oliker, 47 Cal.3d 863 , 883, 765 P.2d 498 , 254 Cal.Rptr. 336 (1989).

22016–2016
Whittaker v. Zoning Board of Appeals green
conn · 1980
2 sentences

1994See. e.g., Obeda v. Board of Selectmen [ 180 Conn. 521 , 429 A.2d 956 (1980)]; Whittaker v. Zoning Board of Appeals , 179 Conn. 650 , 654 , 427 A.2d 1346 (1980).

1994See. e.g., Obeda v. Board of Selectmen [ 180 Conn. 521 , 429 A.2d 956 (1980)]; Whittaker v. Zoning Board of Appeals , 179 Conn. 650 , 654 , 427 A.2d 1346 (1980).

21991–1994
Conn. Cmty. Bank, N.A. v. Kiernan green
conn · 2019
1 sentence

2025Accord- ingly, while a defendant may not challenge the issue of its liability at a hearing in damages, it nevertheless remains free to contest the issues of both the amount of the plaintiff’s breach of contract damages and whether those damages derive from the defendant’s conduct.’’ (Citations omitted; internal quotation marks omitted.) Bruno v. Whipple, 186 Conn. App. 299 , 314–15, 199 A.3d 604 (2018), cert. denied, 331 Conn. 911 , 203 A.3d 1245 (2019).

12025–2025
Bruno v. Whipple green
conn · 2019
1 sentence

2025Accord- ingly, while a defendant may not challenge the issue of its liability at a hearing in damages, it nevertheless remains free to contest the issues of both the amount of the plaintiff’s breach of contract damages and whether those damages derive from the defendant’s conduct.’’ (Citations omitted; internal quotation marks omitted.) Bruno v. Whipple, 186 Conn. App. 299 , 314–15, 199 A.3d 604 (2018), cert. denied, 331 Conn. 911 , 203 A.3d 1245 (2019).

12025–2025
Steve Benny v. Danny Pipes green
ca9 · 1987
2 sentences

2025They provide a rational basis for distinguishing the criminal committee [that] permits the state to commit the criminal defendant automatically, without the right to a [precommitment] hearing, and permits a different burden and standard of proof for release.’’ (Citation omitted; emphasis added; internal quotation marks omitted.) Id.

2025They provide a rational basis for distinguishing the criminal committee [that] permits the state to commit the criminal defendant automatically, without the right to a [precommitment] hearing, and permits a different burden and standard of proof for release.’’ (Citation omitted; emphasis added; internal quotation marks omitted.) Id.

12025–2025
Bruno v. Whipple green
connappct · 2018
2 sentences

2025Accord- ingly, while a defendant may not challenge the issue of its liability at a hearing in damages, it nevertheless remains free to contest the issues of both the amount of the plaintiff’s breach of contract damages and whether those damages derive from the defendant’s conduct.’’ (Citations omitted; internal quotation marks omitted.) Bruno v. Whipple, 186 Conn. App. 299 , 314–15, 199 A.3d 604 (2018), cert. denied, 331 Conn. 911 , 203 A.3d 1245 (2019).

2025Accord- ingly, while a defendant may not challenge the issue of its liability at a hearing in damages, it nevertheless remains free to contest the issues of both the amount of the plaintiff’s breach of contract damages and whether those damages derive from the defendant’s conduct.’’ (Citations omitted; internal quotation marks omitted.) Bruno v. Whipple, 186 Conn. App. 299 , 314–15, 199 A.3d 604 (2018), cert. denied, 331 Conn. 911 , 203 A.3d 1245 (2019).

12025–2025
Monti v. Wenkert green
conn · 2008
2 sentences

2022To be sure, ‘‘[i]n this state it is required that jury verdicts be unanimous, requiring each juror to decide the case individually after impartial consider- ation of the evidence with the other jurors.’’ (Internal quotation marks omitted.) Monti v. Wenkert, 287 Conn. 101, 114 , 947 A.2d 261 (2008); see also Practice Book § 16-30.

2022To be sure, ‘‘[i]n this state it is required that jury verdicts be unanimous, requiring each juror to decide the case individually after impartial consider- ation of the evidence with the other jurors.’’ (Internal quotation marks omitted.) Monti v. Wenkert, 287 Conn. 101, 114 , 947 A.2d 261 (2008); see also Practice Book § 16-30.

12022–2022
Murray v. Taylor green
conn · 2001
1 sentence

2018When the liability of a defendant has been established, "the plaintiff's burden at a hearing in damages is limited to proving that the amount of damages claimed is derived from the injuries suffered and is properly supported by the evidence." Murray v. Taylor , 65 Conn. App. 300 , 335, 782 A.2d 702 , cert. denied, 258 Conn. 928 , 783 A.2d 1029 (2001).

12018–2018
Pinchbeck v. Department of Public Health green
conn · 2001
1 sentence

2018When the liability of a defendant has been established, "the plaintiff's burden at a hearing in damages is limited to proving that the amount of damages claimed is derived from the injuries suffered and is properly supported by the evidence." Murray v. Taylor , 65 Conn. App. 300 , 335, 782 A.2d 702 , cert. denied, 258 Conn. 928 , 783 A.2d 1029 (2001).

12018–2018
Murray v. Taylor green
connappct · 2001
2 sentences

2018When the liability of a defendant has been established, "the plaintiff's burden at a hearing in damages is limited to proving that the amount of damages claimed is derived from the injuries suffered and is properly supported by the evidence." Murray v. Taylor , 65 Conn. App. 300 , 335, 782 A.2d 702 , cert. denied, 258 Conn. 928 , 783 A.2d 1029 (2001).

2018When the liability of a defendant has been established, "the plaintiff's burden at a hearing in damages is limited to proving that the amount of damages claimed is derived from the injuries suffered and is properly supported by the evidence." Murray v. Taylor , 65 Conn. App. 300 , 335, 782 A.2d 702 , cert. denied, 258 Conn. 928 , 783 A.2d 1029 (2001).

12018–2018
Meadowbrook Center, Inc. v. Buchman green
connappct · 2014
2 sentences

2018In addition to the precise quantum of damages, a plaintiff in a breach of contract action must prove that the damages "were foreseeable to the defendant and naturally and directly resulted from the defendant's conduct." Meadowbrook Center, Inc. v. Buchman , supra, 149 Conn. App. at 188 -89 , 90 A.3d 219 .

2018In addition to the precise quantum of damages, a plaintiff in a breach of contract action must prove that the damages "were foreseeable to the defendant and naturally and directly resulted from the defendant's conduct." Meadowbrook Center, Inc. v. Buchman , supra, 149 Conn. App. at 188 -89 , 90 A.3d 219 .

12018–2018
Small v. Commissioner of Correction green
conn · 2008
2 sentences

2016Before turning to the petitioner's claims, we observe that the petitioner's burden and our standard of review are explained in detail in Small v. Commissioner of Correction, 286 Conn. 707 , 712-13, 946 A.2d 1203 (2008).

2016Before turning to the petitioner's claims, we observe that the petitioner's burden and our standard of review are explained in detail in Small v. Commissioner of Correction, 286 Conn. 707 , 712-13, 946 A.2d 1203 (2008).

12016–2016
Grace United Methodist Church v. City Of Cheyenne green
ca10 · 2006
1 sentence

2008Thus, “whatever the substantial burden test required prior to the passage of RLUIPA, the statute substantially modified and relaxed the definition of ‘religious exercise.’ ” Grace United Methodist Church v. Cheyenne, 451 F.3d 643 , 663 (10th Cir. 2006); see also Civil Liberties for Urban Believers v. Chicago, supra, 342 F.3d 760 *413 (Congress intended “to expand the concept of religious exercise contemplated both in decisions discussing the precursory RFRA . . . and in traditional [f]irst [a]mendment jurisprudence” [citation omitted]).

12008–2008
State v. Rhodes green
conn · 1999
1 sentence

2003Id., 50 .

12003–2003
Joseph v. Donovan green
conn · 1931
1 sentence

1998We view these statements as part of the trial court’s legal analysis of the reach of our Supreme Court’s holding in Joseph v. Donovan, supra, 114 Conn. 79 .

11998–1998
Smedley Crane Service, Inc. v. Crystal green
connsuperct · 1993
1 sentence

1994General Statutes 12-410 (1); Smedley Crane Service, Inc., supra, 9-10 .

11994–1994

Where else courts name it

TX 138 (1919–2026) CA 133 (1907–2026) FL 61 (1955–2026) IL 53 (1915–2025) NY 46 (1923–2024) PA 42 (1908–2024) WA 41 (1967–2026) LA 34 (1959–2024) MA 32 (1964–2026) OH 27 (1984–2026) CT 27 (1990–2025) IA 24 (1937–2026) MD 20 (1964–2019) WI 18 (1952–2025) MS 16 (1945–2019) CO 16 (1972–2026) MO 16 (1930–2019) IN 15 (1974–2017) GA 15 (1949–2026) NJ 14 (1914–2021) WY 13 (1977–2022) MI 13 (1916–2025) OK 13 (1933–2020) MN 12 (1893–2014) AL 10 (1926–2005) DC 10 (1976–2018) AZ 10 (1982–2024) OR 9 (1990–2026) KS 9 (1933–2021) VT 7 (1980–2013) MT 6 (1923–2016) ND 6 (2001–2022) ME 6 (2016–2023) NH 5 (1976–2017) ID 5 (2014–2022) NC 5 (1940–2012) DE 5 (1990–2026) TN 5 (1958–2016) VA 5 (1983–2006) UT 4 (1999–2015) WV 4 (1994–2026) SC 4 (1922–2020) NV 4 (1993–2016) NM 4 (2014–2018) KY 3 (2005–2025) SD 3 (1919–1999) AR 3 (1960–1987) NE 3 (1961–2021) AK 3 (1973–2024) VI 2 (2012–2014) HI 2 (1910–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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