policy underlying privilege (Connecticut) · Go Syfert
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policy underlying privilege in Connecticut

25 Connecticut opinions name it 3 courts 1986–2018 0 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 (5)

CaseFollowedCited
Petyan v. Ellisgreen
conn · 1986 · cited in 12 Connecticut opinions naming this issue, 1996–2009
2 sentences

2009The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false and malicious statements.” (Internal quotation marks omitted.) Id., 855-56; see also Petyan v. Ellis, 200 Conn. 243, 245-46, 251-52 , 510 A.2d 1337 (1986).

2009The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false and malicious statements.” (Internal quotation marks omitted.) Id., 855-56; see also Petyan v. Ellis, 200 Conn. 243, 245-46, 251-52 , 510 A.2d 1337 (1986).

112
Willow Springs Condominium Ass'n v. Seventh BRT Development Corp.green
conn · 1998 · cited in 4 Connecticut opinions naming this issue, 2001–2018
2 sentences

2018Specifically, "[a] motion for a directed verdict is a prerequisite to the filing of a motion to set aside the verdict.... [T]o permit the appellant first to raise posttrial an issue that arose during the course of the trial would circumvent the policy underlying the requirement of timely preservation of issues." (Citations omitted.) Willow Springs Condominium Assn., Inc. v. Seventh BRT Development Corp. , 245 Conn. 1 , 49, 717 A.2d 77 (1998). "[A] motion for judgment notwithstanding the verdict is not a new motion, but the renewal of a motion for a directed verdict." (Internal quotation marks

2018Specifically, "[a] motion for a directed verdict is a prerequisite to the filing of a motion to set aside the verdict.... [T]o permit the appellant first to raise posttrial an issue that arose during the course of the trial would circumvent the policy underlying the requirement of timely preservation of issues." (Citations omitted.) Willow Springs Condominium Assn., Inc. v. Seventh BRT Development Corp. , 245 Conn. 1 , 49, 717 A.2d 77 (1998). "[A] motion for judgment notwithstanding the verdict is not a new motion, but the renewal of a motion for a directed verdict." (Internal quotation marks

14
Pollock v. Panjabi, No. 402199 (May 17, 2000)green
connsuperct · 2000 · cited in 1 Connecticut opinions naming this issue, 2003–2003
1 sentence

2003The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false and malicious statements." (Citations omitted; internal quotation marks omitted.) Petyan v. Ellis , 200 Conn. 243 , 245-46 , 510 A.2d 1337 (1986) (holding that the absolute privilege doctrine, reserved for witnesses in judicial proceedings, protected an employer against claims of libel and intentional infliction of emotional distress for statements made by the employer on a "fact-finding sup

11
Pollock v. Panjabigreen
connsuperct · 2000 · cited in 1 Connecticut opinions naming this issue, 2003–2003
1 sentence

2003The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false and malicious statements." (Citations omitted; internal quotation marks omitted.) Petyan v. Ellis , 200 Conn. 243 , 245-46 , 510 A.2d 1337 (1986) (holding that the absolute privilege doctrine, reserved for witnesses in judicial proceedings, protected an employer against claims of libel and intentional infliction of emotional distress for statements made by the employer on a "fact-finding sup

11
Gurliacci v. Mayergreen
conn · 1991 · cited in 1 Connecticut opinions naming this issue, 1994–1994
1 sentence

1994In Giglio v. Connecticut Light Power Co. , 180 Conn. 230 , 249 (1980), our Supreme Court recognized that the relation back doctrine "is akin to rule 15(c) of the Federal Rules of Civil Procedure . . .," and that the policy underlying the doctrine is that "a party, once notified of litigation based upon a particular transaction or occurrence, has been provided with all the notice that statutes of limitation are intended to afford." 2 cf. Gurliacci v. Mayer , supra at p. 547.

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 (14)

CaseCitedYears
Bleich v. Ortiz green
conn · 1985
2 sentences

1996"Whether a defamatory communication implicates an interest worthy of protection is a question of law for the trial court to determine. . . ." Bleich v. Ortiz, 196 Conn. 498 , 501 , 493 A.2d 236 (1985).

1996"Whether a defamatory communication implicates an interest worthy of protection is a question of law for the trial court to determine. . . ." Bleich v. Ortiz, 196 Conn. 498 , 501 , 493 A.2d 236 (1985).

21995–1996
Butz v. Economou green
scotus · 1978
2 sentences

1995"The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false statements." Circus Circus Hotels, Inc. v. Witherspoon, [99 New. 56, 60, 657 P.2d 101 (1983)], supra, 61; Butz v. Economou, 438 U.S. 478 , 512-13 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

1995"The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false statements." Circus Circus Hotels, Inc. v. Witherspoon, [99 New. 56, 60, 657 P.2d 101 (1983)], supra, 61; Butz v. Economou, 438 U.S. 478 , 512-13 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

21986–1995
Gallo v. Barile green
conn · 2007
2 sentences

2016See, e.g., id., 628 (‘‘in expanding the doc- trine of absolute immunity to bar claims beyond defamation, this court has sought to ensure that the conduct that absolute immunity is intended to protect, namely, participation and candor in judicial proceed- ings, remains protected regardless of the particular tort alleged in response to the words used during participa- tion in the judicial process’’); Gallo v. Barile, 284 Conn. 459, 466 , 935 A.2d 103 (2007) (‘‘The policy underlying the privilege is that in certain situations the public inter- est in having people speak freely outweighs the risk

2016See, e.g., id., 628 (‘‘in expanding the doc- trine of absolute immunity to bar claims beyond defamation, this court has sought to ensure that the conduct that absolute immunity is intended to protect, namely, participation and candor in judicial proceed- ings, remains protected regardless of the particular tort alleged in response to the words used during participa- tion in the judicial process’’); Gallo v. Barile, 284 Conn. 459, 466 , 935 A.2d 103 (2007) (‘‘The policy underlying the privilege is that in certain situations the public inter- est in having people speak freely outweighs the risk

12016–2016
McManus v. Sweeney green
connappct · 2003
2 sentences

2009“Whether a communication is published in the course of a judicial proceeding, so as to obtain the benefit of the absolute privilege, is a question of law for the court to decide, and our review is, therefore, plenary.” McManus v. Sweeney, 78 Conn. App. 327, 334 , 827 A.2d 708 (2003).

2009“Whether a communication is published in the course of a judicial proceeding, so as to obtain the benefit of the absolute privilege, is a question of law for the court to decide, and our review is, therefore, plenary.” McManus v. Sweeney, 78 Conn. App. 327, 334 , 827 A.2d 708 (2003).

12009–2009
Lega Siciliana Social Club, Inc. v. Germaine green
connappct · 2003
1 sentence

2009The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false and malicious statements." (Internal quotation marks omitted.) Id., at 855-56, 825 A.2d 827 ; see also Petyan v. Ellis, 200 Conn. 243, 245-46, 251-52 , 510 A.2d 1337 (1986).

12009–2009
National Loan Investors Ltd. Partnership v. Heritage Square Associates green
connappct · 1999
1 sentence

2005Thus, [e]xtending the benefit of the [federal [s]tatute of [limitations to purchasers of defaulted assets furthers the statute’s purpose because it enhances the marketability of these assets by permitting purchasers a longer period of time to bring suit . . . .” (Citations omitted; internal quotation marks omitted.) Id., 73-75 .

12005–2005
Preston v. O'Rourke green
connappct · 2002
2 sentences

2003Thus, the privilege “applies to statements made in pleadings or other documents prepared in connection with a court proceeding. ” (Internal quotation marks omitted.) Preston v. O’Rourke, 74 Conn. App. 301, 312 , 811 A.2d 753 (2002). “[L]ike the privilege which is generally applied to pertinent statements made in formal judicial proceedings, an absolute privilege also attaches to relevant statements made during administrative proceedings which are quasi-judicial in nature. . . .

2003Thus, the privilege “applies to statements made in pleadings or other documents prepared in connection with a court proceeding. ” (Internal quotation marks omitted.) Preston v. O’Rourke, 74 Conn. App. 301, 312 , 811 A.2d 753 (2002). “[L]ike the privilege which is generally applied to pertinent statements made in formal judicial proceedings, an absolute privilege also attaches to relevant statements made during administrative proceedings which are quasi-judicial in nature. . . .

12003–2003
Magnan v. Anaconda Industries, Inc. green
conn · 1984
2 sentences

2002The reasoning which underpins the privilege was also explained in Magnan v. Anaconda Industries, Inc, 37 Conn. Sup. 38 , 43 , 429 A.2d 492 (1980), rev'd on other grounds, 193 Conn. 558 , 479 A.2d 781 (1984), cited with approval in Petyan v. Ellis, supra, 200 Conn. 247 : "From earliest times, this state has recognized that the absolute privilege is to be extended for the protection of those participating in judicial proceedings and extends to judges, counsel mid witnesses.

2002The reasoning which underpins the privilege was also explained in Magnan v. Anaconda Industries, Inc, 37 Conn. Sup. 38 , 43 , 429 A.2d 492 (1980), rev'd on other grounds, 193 Conn. 558 , 479 A.2d 781 (1984), cited with approval in Petyan v. Ellis, supra, 200 Conn. 247 : "From earliest times, this state has recognized that the absolute privilege is to be extended for the protection of those participating in judicial proceedings and extends to judges, counsel mid witnesses.

12002–2002
Magnan v. Anaconda Industries, Inc. green
connsuperct · 1980
2 sentences

2002The reasoning which underpins the privilege was also explained in Magnan v. Anaconda Industries, Inc, 37 Conn. Sup. 38 , 43 , 429 A.2d 492 (1980), rev'd on other grounds, 193 Conn. 558 , 479 A.2d 781 (1984), cited with approval in Petyan v. Ellis, supra, 200 Conn. 247 : "From earliest times, this state has recognized that the absolute privilege is to be extended for the protection of those participating in judicial proceedings and extends to judges, counsel mid witnesses.

2002The reasoning which underpins the privilege was also explained in Magnan v. Anaconda Industries, Inc, 37 Conn. Sup. 38 , 43 , 429 A.2d 492 (1980), rev'd on other grounds, 193 Conn. 558 , 479 A.2d 781 (1984), cited with approval in Petyan v. Ellis, supra, 200 Conn. 247 : "From earliest times, this state has recognized that the absolute privilege is to be extended for the protection of those participating in judicial proceedings and extends to judges, counsel mid witnesses.

12002–2002
Halpern v. Board of Education green
conn · 1985
2 sentences

1998Halpern v. Board of Education, 196 Conn. 647, 652-53 , 495 A.2d 264 (1985); militates in favor of abstaining without regard to any possible exceptions to that doctrine.

1998Halpern v. Board of Education, 196 Conn. 647, 652-53 , 495 A.2d 264 (1985); militates in favor of abstaining without regard to any possible exceptions to that doctrine.

11998–1998
DeLaurentis v. City of New Haven green
conn · 1991
2 sentences

1997"While no civil remedies can guard against lies, the oath and the fear of being charged with perjury are adequate to warrant an absolute privilege for a witness' statements." DeLaurentis v. New Haven, 220 Conn. 225 , 264 , 597 A.2d 807 (1991) (While parties and their counsel who bring unfounded actions for personal motives are subject to liability for vexatious suit or abuse of process, "[t]heir statements in pleadings or in court . . . cannot independently be made the basis for an action in libel . . . or . . . intentional infliction of emotional distress.").

1997"While no civil remedies can guard against lies, the oath and the fear of being charged with perjury are adequate to warrant an absolute privilege for a witness' statements." DeLaurentis v. New Haven, 220 Conn. 225 , 264 , 597 A.2d 807 (1991) (While parties and their counsel who bring unfounded actions for personal motives are subject to liability for vexatious suit or abuse of process, "[t]heir statements in pleadings or in court . . . cannot independently be made the basis for an action in libel . . . or . . . intentional infliction of emotional distress.").

11997–1997
Carl v. City of New Haven green
conn · 1919
1 sentence

1997"Were it otherwise, and municipalities were charged with notice of defects which the future should develop upon the strength alone of their knowledge of such conditions as were CT Page 8493 calculated to produce them, the expansion of municipal liability for highway defects would be enormous." 93 Conn. at 628 -29 .

11997–1997
Circus Circus Hotels, Inc. v. Witherspoon green
nev · 1983
1 sentence

1995"The policy underlying the privilege is that in certain situations the public interest in having people speak freely outweighs the risk that individuals will occasionally abuse the privilege by making false statements." Circus Circus Hotels, Inc. v. Witherspoon, [99 New. 56, 60, 657 P.2d 101 (1983)], supra, 61; Butz v. Economou, 438 U.S. 478 , 512-13 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).

11995–1995
Giglio v. Connecticut Light & Power Co. green
conn · 1980
1 sentence

1994In Giglio v. Connecticut Light Power Co. , 180 Conn. 230 , 249 (1980), our Supreme Court recognized that the relation back doctrine "is akin to rule 15(c) of the Federal Rules of Civil Procedure . . .," and that the policy underlying the doctrine is that "a party, once notified of litigation based upon a particular transaction or occurrence, has been provided with all the notice that statutes of limitation are intended to afford." 2 cf. Gurliacci v. Mayer , supra at p. 547.

11994–1994

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (4) CT § Conn. Gen. Stat. § 42-110a (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 80 (1948–2026) PA 59 (1980–2026) OH 40 (1978–2025) IL 29 (1965–2025) NY 27 (1956–2024) CT 25 (1986–2018) MA 19 (1968–2016) TX 18 (1988–2025) WA 15 (1980–2017) IN 14 (1989–2020) MD 14 (1977–2014) MI 11 (1960–2025) TN 10 (1978–2018) FL 10 (1974–2015) LA 9 (1979–2023) NJ 9 (1979–2025) ME 8 (1976–2013) MN 8 (1983–2010) UT 7 (1991–2019) OR 7 (1978–2008) CO 6 (1996–2026) DC 5 (1982–1996) VA 5 (1993–2016) WI 5 (1982–2024) IA 5 (1980–2011) KY 5 (1982–2006) AK 5 (1981–2001) HI 4 (2001–2022) KS 4 (1981–1988) NV 4 (1978–2013) SC 4 (2008–2012) WV 4 (1983–2018) NE 3 (1983–2003) VT 3 (2006–2010) NC 3 (1999–2016) MO 3 (1979–2008) AL 2 (1979–2017) NH 2 (1990–1993) NM 2 (2000–2016) ND 2 (1977–2000) AZ 2 (1994–2010) MT 2 (1948–1999)

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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