contention claim (Connecticut) · Go Syfert
← Connecticut issues

contention claim in Connecticut

20 Connecticut opinions name it 3 courts 1926–2026 4 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 (8)

CaseFollowedCited
State v. Brunettigreen
conn · 2006 · cited in 1 Connecticut opinions naming this issue, 2026–2026
2 sentences

2026See, e.g., State v. Brunetti, 279 Conn. 39 , 59 n.33, 901 A.2d 1 (2006) (“A motion for articulation is not proper if the movant seeks articulation with respect to an issue that was not raised in the trial court.

2026See, e.g., State v. Brunetti, 279 Conn. 39 , 59 n.33, 901 A.2d 1 (2006) (“A motion for articulation is not proper if the movant seeks articulation with respect to an issue that was not raised in the trial court.

11
State v. Matheneygreen
conn · 2026 · cited in 1 Connecticut opinions naming this issue, 2026–2026
1 sentence

2026See Connecticut Criminal Jury Instructions 7 Because we conclude that the defendant’s claim fails on the merits, we do not address the state’s contention that defense counsel implicitly waived this claim of instructional error under State v. Kitchens, 299 Conn. 447 , 482-83, 10 A.3d 942 (2011). 354 Conn. 212 FEBRUARY, 2026 229 State v. Matheney 2.8-2, supra. In relevant part, the court provided the following instruction to the jury: “To prove that the defendant was the initial aggressor in his encounter with [the victim], the state need not prove that the defendant was the first person to use

11
State v. Kitchensgreen
conn · 2011 · cited in 1 Connecticut opinions naming this issue, 2026–2026
2 sentences

2026See Connecticut Criminal Jury Instructions 7 Because we conclude that the defendant’s claim fails on the merits, we do not address the state’s contention that defense counsel implicitly waived this claim of instructional error under State v. Kitchens, 299 Conn. 447 , 482-83, 10 A.3d 942 (2011). 354 Conn. 212 FEBRUARY, 2026 229 State v. Matheney 2.8-2, supra. In relevant part, the court provided the following instruction to the jury: “To prove that the defendant was the initial aggressor in his encounter with [the victim], the state need not prove that the defendant was the first person to use

2026See Connecticut Criminal Jury Instructions 7 Because we conclude that the defendant’s claim fails on the merits, we do not address the state’s contention that defense counsel implicitly waived this claim of instructional error under State v. Kitchens, 299 Conn. 447 , 482-83, 10 A.3d 942 (2011). 354 Conn. 212 FEBRUARY, 2026 229 State v. Matheney 2.8-2, supra. In relevant part, the court provided the following instruction to the jury: “To prove that the defendant was the initial aggressor in his encounter with [the victim], the state need not prove that the defendant was the first person to use

11
Driscoll v. General Nutrition Corp.green
conn · 2000 · cited in 1 Connecticut opinions naming this issue, 2025–2025
2 sentences

2025See State v. Myers, 178 Conn. App. 102, 106 , 174 A.3d 197 (2017) (noting well established principle that arguments cannot be raised for first time in reply brief); see also Driscoll v. General Nutrition Corp., 252 Conn. 215 , 226-27, 752 A.2d 1069 (2000) (‘‘it is improper to raise a new argument in a reply brief, because doing so deprives the opposing party of the opportunity to respond in writing’’).

2025See State v. Myers, 178 Conn. App. 102, 106 , 174 A.3d 197 (2017) (noting well established principle that arguments cannot be raised for first time in reply brief); see also Driscoll v. General Nutrition Corp., 252 Conn. 215 , 226-27, 752 A.2d 1069 (2000) (‘‘it is improper to raise a new argument in a reply brief, because doing so deprives the opposing party of the opportunity to respond in writing’’).

11
Herasimovich v. Town of Wallingfordgreen
connappct · 2014 · cited in 1 Connecticut opinions naming this issue, 2025–2025
2 sentences

2025See Herasimovich v. Wallingford, 149 Conn. App. 325 , 327 n.2, 87 A.3d 1177 (2014) (‘‘[t]his court has jurisdiction over any final judgment of the Superior Court even if that court lacked jurisdiction’’). 0 Conn. App. 1 ,0 31 Freccia v. Freccia First, we address the plaintiff’s contention that the claim is unreviewable because the defendants did not raise it before the trial court.

2025See Herasimovich v. Wallingford, 149 Conn. App. 325 , 327 n.2, 87 A.3d 1177 (2014) (‘‘[t]his court has jurisdiction over any final judgment of the Superior Court even if that court lacked jurisdiction’’). 0 Conn. App. 1 ,0 31 Freccia v. Freccia First, we address the plaintiff’s contention that the claim is unreviewable because the defendants did not raise it before the trial court.

11
State v. Myersgreen
connappct · 2017 · cited in 1 Connecticut opinions naming this issue, 2025–2025
2 sentences

2025See State v. Myers, 178 Conn. App. 102, 106 , 174 A.3d 197 (2017) (noting well established principle that arguments cannot be raised for first time in reply brief); see also Driscoll v. General Nutrition Corp., 252 Conn. 215 , 226-27, 752 A.2d 1069 (2000) (‘‘it is improper to raise a new argument in a reply brief, because doing so deprives the opposing party of the opportunity to respond in writing’’).

2025See State v. Myers, 178 Conn. App. 102, 106 , 174 A.3d 197 (2017) (noting well established principle that arguments cannot be raised for first time in reply brief); see also Driscoll v. General Nutrition Corp., 252 Conn. 215 , 226-27, 752 A.2d 1069 (2000) (‘‘it is improper to raise a new argument in a reply brief, because doing so deprives the opposing party of the opportunity to respond in writing’’).

11
Talit v. Petersongreen
connsuperct · 1995 · cited in 1 Connecticut opinions naming this issue, 2000–2000
2 sentences

2000See also Talit v. Peterson , 44 Conn. Sup. 490 , 692 A.2d 1322 (1995); Conduah v. Herb Chambers , Superior Court, judicial district of Hartford, Docket No. 580919 (May 28, 1999, Peck, J.); Bardon Tool Manufacturing Co. v. The Torrington Co. , Superior Court, judicial district of Hartford-New Britain at New Britain, Docket No. 473455 (October 31, 1996, Arena, J.); Mastroberti v. Centerbank , Superior Court, judicial district of Litchfield, Docket No. 052779 (November 16, 1990, McDonald, J. ).

2000See also Talit v. Peterson , 44 Conn. Sup. 490 , 692 A.2d 1322 (1995); Conduah v. Herb Chambers , Superior Court, judicial district of Hartford, Docket No. 580919 (May 28, 1999, Peck, J.); Bardon Tool Manufacturing Co. v. The Torrington Co. , Superior Court, judicial district of Hartford-New Britain at New Britain, Docket No. 473455 (October 31, 1996, Arena, J.); Mastroberti v. Centerbank , Superior Court, judicial district of Litchfield, Docket No. 052779 (November 16, 1990, McDonald, J. ).

11
State v. Morrisgreen
minn · 1968 · cited in 1 Connecticut opinions naming this issue, 1979–1979
1 sentence

1979Section 53a-91 (1) of the General Statutes defines "restrain" as "to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent." [4] People v. Cassidy, 40 N.Y.2d 763 , 390 N.Y.S.2d 45 ; People v. Lombardi, 20 N.Y.2d 266 , 282 N.Y.S.2d 519 ; see also 43 A.L.R.3d 699 for a discussion of the relationship of kidnapping to other crimes. [1] It was the contention of t

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 (21)

CaseCitedYears
Brycki v. Brycki green
connappct · 2005
2 sentences

2020The defendants principally rely on this court’s decision in Brycki v. Brycki, 91 Conn. App. 579, 594 , 881 A.2d 1056 (2005), for the proposition that we should decline to review the plaintiff’s claim because, after filing this appeal, he failed to file a motion for articulation pursuant to Practice Book § 66-5,13 specifically requesting that the trial court address the mitigation of damages issue, the denial of which would have been subject to appellate review upon the filing of a motion for review pursuant to Practice Book § 66-7.

2020The defendants principally rely on this court’s decision in Brycki v. Brycki, 91 Conn. App. 579, 594 , 881 A.2d 1056 (2005), for the proposition that we should decline to review the plaintiff’s claim because, after filing this appeal, he failed to file a motion for articulation pursuant to Practice Book § 66-5,13 specifically requesting that the trial court address the mitigation of damages issue, the denial of which would have been subject to appellate review upon the filing of a motion for review pursuant to Practice Book § 66-7.

12020–2020
Doron Precision Systems, Inc. v. FAAC, INC. green
nysd · 2006
1 sentence

2019As the court recognized in Doron Precision Systems, Inc. v. FAAC, Inc., supra 423 F. Supp. 2d 173 , ‘‘competitive bidding laws and antitrust laws are motivated by very different policies, and therefore a violation of the letter or spirit of a competitive bid statute, unaccompanied by anticompetitive factors bearing [on] the exercise of choice of product, does not create an antitrust problem.’’ (Footnote omitted; internal quotation marks omitted.) Id., 183.

12019–2019
State v. Arroyo green
conn · 2007
2 sentences

2018We also reject the defendant's contention that his claim presents a pure question of law, reviewable on direct appeal pursuant to State v. Arroyo , 284 Conn. 597 , 643-45, 935 A.2d 975 (2007).

2018We also reject the defendant's contention that his claim presents a pure question of law, reviewable on direct appeal pursuant to State v. Arroyo , 284 Conn. 597 , 643-45, 935 A.2d 975 (2007).

12018–2018
State v. Reid green
conn · 2006
2 sentences

2009The state refers to portions of the record that indicate that the defendant informed the court that she had discussed with her attorney the state’s evidence, her confession and the case generally, and that she was satisfied with his advice. 6 We are not persuaded. *201 We agree that “the constitutional prerequisites of a valid plea may be satisfied where the record accurately reflects that the nature of the charge and the elements of the crime were explained to the defendant by [the defendant’s] own, competent counsel.” (Internal quotation marks omitted.) State v. Reid, 277 Conn. 764, 784 , 89

2009The state refers to portions of the record that indicate that the defendant informed the court that she had discussed with her attorney the state’s evidence, her confession and the case generally, and that she was satisfied with his advice. 6 We are not persuaded. *201 We agree that “the constitutional prerequisites of a valid plea may be satisfied where the record accurately reflects that the nature of the charge and the elements of the crime were explained to the defendant by [the defendant’s] own, competent counsel.” (Internal quotation marks omitted.) State v. Reid, 277 Conn. 764, 784 , 89

12009–2009
State v. Golding green
conn · 1989
2 sentences

2008The defendant concedes that she did not raise the claim at trial, but she seeks review under State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 10 *156 Because she cannot satisfy the third Golding condition that a constitutional violation clearly exists and clearly deprived her of a fair trial, we conclude that she cannot prevail.

2008The defendant concedes that she did not raise the claim at trial, but she seeks review under State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 10 *156 Because she cannot satisfy the third Golding condition that a constitutional violation clearly exists and clearly deprived her of a fair trial, we conclude that she cannot prevail.

12008–2008
Pulvermacher v. Pulvermacher green
conn · 1974
1 sentence

2005Id., 384 .

12005–2005
Moore v. McNamara green
conn · 1986
1 sentence

1995Moore v. McNamara, 201 Conn. 16 , 20-21 (1986) In Caldor, the court, after approving the refusal of the arbitrators to consider the constitutional issue, proceeded to make a determination of that issue that resulted in overturning their decision.

11995–1995
Malerba v. Cessna Aircraft Co. green
conn · 1989
1 sentence

1993The Supreme Court specifically found in the case of Malerba v. Cessna Aircraft Co., 210 Conn. 189 that comparative negligence allocation by a jury as part of its statutory responsibilities does "not bar a later determination of liability as between an indemnitee and an indemnitor".

11993–1993
People v. Lombardi green
ny · 1967
2 sentences

1979Section 53a-91 (1) of the General Statutes defines "restrain" as "to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent." [4] People v. Cassidy, 40 N.Y.2d 763 , 390 N.Y.S.2d 45 ; People v. Lombardi, 20 N.Y.2d 266 , 282 N.Y.S.2d 519 ; see also 43 A.L.R.3d 699 for a discussion of the relationship of kidnapping to other crimes. [1] It was the contention of t

1979Section 53a-91 (1) of the General Statutes defines "restrain" as "to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent." [4] People v. Cassidy, 40 N.Y.2d 763 , 390 N.Y.S.2d 45 ; People v. Lombardi, 20 N.Y.2d 266 , 282 N.Y.S.2d 519 ; see also 43 A.L.R.3d 699 for a discussion of the relationship of kidnapping to other crimes. [1] It was the contention of t

11979–1979
People v. Cassidy green
ny · 1976
2 sentences

1979Section 53a-91 (1) of the General Statutes defines "restrain" as "to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent." [4] People v. Cassidy, 40 N.Y.2d 763 , 390 N.Y.S.2d 45 ; People v. Lombardi, 20 N.Y.2d 266 , 282 N.Y.S.2d 519 ; see also 43 A.L.R.3d 699 for a discussion of the relationship of kidnapping to other crimes. [1] It was the contention of t

1979Section 53a-91 (1) of the General Statutes defines "restrain" as "to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent." [4] People v. Cassidy, 40 N.Y.2d 763 , 390 N.Y.S.2d 45 ; People v. Lombardi, 20 N.Y.2d 266 , 282 N.Y.S.2d 519 ; see also 43 A.L.R.3d 699 for a discussion of the relationship of kidnapping to other crimes. [1] It was the contention of t

11979–1979
Norwalk Teachers' Ass'n v. Board of Education green
conn · 1951
1 sentence

1969Norwalk Teachers’ Assn. v. Board of Education, 138 Conn. 269, 276 . *208 This court cannot agree with the contention of the defense that the plaintiffs have no standing, that no irreparable harm has been demonstrated and, further, that even if the latter had been established, “the additional burden . . . upon plaintiffs would probably be the paltry sum of a few cents, an injury trifling and insignificant.” Our Supreme Court has held: “An injury is irreparable when there is no legal remedy furnishing full compensation or adequate redress because of the ineffectiveness of such legal remedy, or w

11969–1969
Gorham v. City of New Haven green
conn · 1909
1 sentence

1969Norwalk Teachers’ Assn. v. Board of Education, 138 Conn. 269, 276 . *208 This court cannot agree with the contention of the defense that the plaintiffs have no standing, that no irreparable harm has been demonstrated and, further, that even if the latter had been established, “the additional burden . . . upon plaintiffs would probably be the paltry sum of a few cents, an injury trifling and insignificant.” Our Supreme Court has held: “An injury is irreparable when there is no legal remedy furnishing full compensation or adequate redress because of the ineffectiveness of such legal remedy, or w

11969–1969
Blakeman v. Sears neutral
conn · 1902
2 sentences

1953The plaintiff’s contention that the principle adopted by this court in the above cases was overruled by Blakeman v. Sears, 74 Conn. 516 , 51 A. 517 , is unwarranted.

1953The plaintiff’s contention that the principle adopted by this court in the above cases was overruled by Blakeman v. Sears, 74 Conn. 516 , 51 A. 517 , is unwarranted.

11953–1953
Parish v. Schwartz green
ill · 1931
2 sentences

1948The defense is not here allowed because the party raising it is entitled to any consideration, but upon principles of public policy and to conserve the public welfare.” Parish v. Schwartz, 344 Ill. 563, 572 , 176 N. E. 757 .

1948The defense is not here allowed because the party raising it is entitled to any consideration, but upon principles of public policy and to conserve the public welfare.” Parish v. Schwartz, 344 Ill. 563, 572 , 176 N. E. 757 .

11948–1948
Town of Woodstock v. Retreat, Inc. green
conn · 1938
1 sentence

1943Practice Book, § 363; Boardman v. Burlingame, 123 Conn. 646, 655 , 197 Atl. 761 ; Woodstock v. The Retreat, Inc., 125 Conn. 52, 59 , 3 Atl. (2d) 232.

11943–1943
Boardman v. Burlingame green
conn · 1938
2 sentences

1943Practice Book, § 363; Boardman v. Burlingame, 123 Conn. 646, 655 , 197 Atl. 761 ; Woodstock v. The Retreat, Inc., 125 Conn. 52, 59 , 3 Atl. (2d) 232.

1943Practice Book, § 363; Boardman v. Burlingame, 123 Conn. 646, 655 , 197 Atl. 761 ; Woodstock v. The Retreat, Inc., 125 Conn. 52, 59 , 3 Atl. (2d) 232.

11943–1943
Peck v. Botsford green
conn · 1828
1 sentence

1933Peck v. Botsford, 7 Conn. 172, 176 ; Matter of City of Rochester, 110 N. Y. 159 , 17 N. E. 740 ; 2 Page, Wills (2d Ed.) § 1299, p. 2160; 28 R.

11933–1933
Matter of City of Rochester neutral
ny · 1888
2 sentences

1933Peck v. Botsford, 7 Conn. 172, 176 ; Matter of City of Rochester, 110 N. Y. 159 , 17 N. E. 740 ; 2 Page, Wills (2d Ed.) § 1299, p. 2160; 28 R.

1933Peck v. Botsford, 7 Conn. 172, 176 ; Matter of City of Rochester, 110 N. Y. 159 , 17 N. E. 740 ; 2 Page, Wills (2d Ed.) § 1299, p. 2160; 28 R.

11933–1933
Miller v. American Steel & Wire Co. green
conn · 1916
2 sentences

1926The contention is that the principle announced in Miller v. American Steel & Wire Co., 90 Conn. 349 , 97 Atl. 345 , and in Linnane v. Aetna Brewing Co., 91 Conn. 158 , 99 Atl. 507 — that “personal injury within the meaning of the Act involves both an accident and a bodily injury, as distinguished from a disease” and a “bodily injury ... is always assignable to some definite part or organ of the body, and when caused by accident is always sustained at the time of the accident or at least during the time within which the accidental condition is operative” — was only made ineffective by the amend

1926The contention is that the principle announced in Miller v. American Steel & Wire Co., 90 Conn. 349 , 97 Atl. 345 , and in Linnane v. Aetna Brewing Co., 91 Conn. 158 , 99 Atl. 507 — that “personal injury within the meaning of the Act involves both an accident and a bodily injury, as distinguished from a disease” and a “bodily injury ... is always assignable to some definite part or organ of the body, and when caused by accident is always sustained at the time of the accident or at least during the time within which the accidental condition is operative” — was only made ineffective by the amend

11926–1926
Linnane v. Aetna Brewing Co. green
conn · 1916
2 sentences

1926The contention is that the principle announced in Miller v. American Steel & Wire Co., 90 Conn. 349 , 97 Atl. 345 , and in Linnane v. Aetna Brewing Co., 91 Conn. 158 , 99 Atl. 507 — that “personal injury within the meaning of the Act involves both an accident and a bodily injury, as distinguished from a disease” and a “bodily injury ... is always assignable to some definite part or organ of the body, and when caused by accident is always sustained at the time of the accident or at least during the time within which the accidental condition is operative” — was only made ineffective by the amend

1926The contention is that the principle announced in Miller v. American Steel & Wire Co., 90 Conn. 349 , 97 Atl. 345 , and in Linnane v. Aetna Brewing Co., 91 Conn. 158 , 99 Atl. 507 — that “personal injury within the meaning of the Act involves both an accident and a bodily injury, as distinguished from a disease” and a “bodily injury ... is always assignable to some definite part or organ of the body, and when caused by accident is always sustained at the time of the accident or at least during the time within which the accidental condition is operative” — was only made ineffective by the amend

11926–1926
Dupre v. Atlantic Refining Co. green
conn · 1923
2 sentences

1926We decided in Dupre v. Atlantic Refining Co., 98 Conn. 646 , 120 Atl. 288 , that this amendment applied to all forms of disease, whether occupational or otherwise.

1926We decided in Dupre v. Atlantic Refining Co., 98 Conn. 646 , 120 Atl. 288 , that this amendment applied to all forms of disease, whether occupational or otherwise.

11926–1926

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (5) CT § Conn. Gen. Stat. § 1-2z (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

NY 383 (1889–2026) CA 244 (1905–2026) IL 128 (1891–2026) MO 113 (1905–2025) TX 110 (1908–2025) GA 78 (1916–2026) FL 51 (1920–2018) AL 46 (1915–2025) MD 42 (1919–2022) PA 38 (1903–2021) LA 38 (1933–2015) IN 37 (1890–2018) CO 35 (1924–2026) OR 33 (1908–2024) NJ 30 (1907–2025) KS 30 (1891–2011) OK 29 (1903–2012) MI 28 (1909–2026) WI 25 (1892–2024) UT 25 (1915–2018) WA 25 (1905–2017) MA 23 (1909–2020) IA 23 (1905–2020) KY 23 (1917–2022) CT 20 (1926–2026) TN 19 (1921–2021) VA 19 (1911–2024) NM 16 (1955–2023) MS 16 (1902–2016) NE 15 (1896–2021) NC 15 (1889–2021) RI 14 (1897–2021) WY 14 (1926–2015) WV 14 (1893–2017) AR 13 (1913–2014) ID 13 (1917–2011) DC 12 (1971–2026) HI 11 (1897–2023) AZ 11 (1931–1997) SC 11 (1920–2017) MT 10 (1903–2011) ND 9 (1910–1988) ME 9 (1908–2025) OH 9 (1965–2018) DE 8 (1935–2026) VT 7 (1909–2021) NV 7 (1937–2022) MN 5 (1906–1998) NH 4 (1992–2019) SD 3 (1905–1928) AK 3 (1996–2013)

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.

← Caselaw search · G Cite Topics · Brief Check