fraudulent concealment doctrine in Connecticut

2013Practice Book § 10-57 provides in relevant part that a “[m]atter in avoidance of affirmative allegations in an answer or counterclaim shall be specially pleaded in the reply.” The continuing course of conduct doctrine is a matter that must be pleaded in avoidance pursuant to Practice Book § 10-57; Bellemare v. Wachovia Mortgage Corp., 94 Conn. App. 593 , 607 n.7, 894 A.2d 335 (2006), aff'd, 284 Conn. 193 , 931 A.2d 916 (2007); as is the doctrine of fraudulent concealment; see Bound Brook Assn. v. Norwalk, 198 Conn. 660, 661 , 504 A.2d 1047 , cert. denied, 479 U.S. 819 , 107 S. Ct. 81 , 93 L.

2013Practice Book § 10-57 provides in relevant part that a “[m]atter in avoidance of affirmative allegations in an answer or counterclaim shall be specially pleaded in the reply.” The continuing course of conduct doctrine is a matter that must be pleaded in avoidance pursuant to Practice Book § 10-57; Bellemare v. Wachovia Mortgage Corp., 94 Conn. App. 593 , 607 n.7, 894 A.2d 335 (2006), aff'd, 284 Conn. 193 , 931 A.2d 916 (2007); as is the doctrine of fraudulent concealment; see Bound Brook Assn. v. Norwalk, 198 Conn. 660, 661 , 504 A.2d 1047 , cert. denied, 479 U.S. 819 , 107 S. Ct. 81 , 93 L.

2000Connell v. Colwell, 214 Conn. 242 , 251 , 571 A.2d 116 (1990).

2000Connell v. Colwell, 214 Conn. 242 , 251 , 571 A.2d 116 (1990).

1997Day Co., 232 Conn. 527 , 533 , 656 A.2d 221 (1995) (doctrine of fraudulent concealment).

1997Day Co., 232 Conn. 527 , 533 , 656 A.2d 221 (1995) (doctrine of fraudulent concealment).

2021Co., 255 Conn. 601 , 608–609, 767 A.2d 1202 (2001)], whatever the limitation period is, it ordinarily begins to run, not when the breach is discovered, but instead from the breach itself, that is, from ‘the time when the plaintiff first could have successfully maintained an action.’ This poses a problem for [the plaintiff] because here, the first breach of the agreement that could have justified a lawsuit was in 2010, and this lawsuit wasn’t filed until 2018.’’ The court declined, however, to rule on which statute of limitations applied to the plaintiff’s cause of action for breach of contract

2021Co., 255 Conn. 601 , 608–609, 767 A.2d 1202 (2001)], whatever the limitation period is, it ordinarily begins to run, not when the breach is discovered, but instead from the breach itself, that is, from ‘the time when the plaintiff first could have successfully maintained an action.’ This poses a problem for [the plaintiff] because here, the first breach of the agreement that could have justified a lawsuit was in 2010, and this lawsuit wasn’t filed until 2018.’’ The court declined, however, to rule on which statute of limitations applied to the plaintiff’s cause of action for breach of contract

2020In Falls Church Group, Ltd. v. Tyler, Cooper & Alcorn, LLP, 281 Conn. 84 , 912 A.2d 1019 (2007), a fraudulent concealment defense was raised in a case in which a fiduciary relationship between the parties was alleged.

2020In Falls Church Group, Ltd. v. Tyler, Cooper & Alcorn, LLP, 281 Conn. 84 , 912 A.2d 1019 (2007), a fraudulent concealment defense was raised in a case in which a fiduciary relationship between the parties was alleged.

2013B Our Supreme Court has “recognized . . . that the statute of limitations and period of repose contained in [General Statutes] § 52-584 may be tolled, in the proper circumstances, under . . . the continu[ing] course of conduct doctrine . . . thereby allowing a plaintiff to bring an action more than three years after the commission of the negligent act .... [T]he continuing course of conduct doctrine reflects the policy that, during an ongoing relationship, lawsuits are premature because specific tortious acts or omissions may be difficult to identify and may yet be remedied.” (Internal quotati

2013B Our Supreme Court has “recognized . . . that the statute of limitations and period of repose contained in [General Statutes] § 52-584 may be tolled, in the proper circumstances, under . . . the continu[ing] course of conduct doctrine . . . thereby allowing a plaintiff to bring an action more than three years after the commission of the negligent act .... [T]he continuing course of conduct doctrine reflects the policy that, during an ongoing relationship, lawsuits are premature because specific tortious acts or omissions may be difficult to identify and may yet be remedied.” (Internal quotati

2013Practice Book § 10-57 provides in relevant part that a “[m]atter in avoidance of affirmative allegations in an answer or counterclaim shall be specially pleaded in the reply.” The continuing course of conduct doctrine is a matter that must be pleaded in avoidance pursuant to Practice Book § 10-57; Bellemare v. Wachovia Mortgage Corp., 94 Conn. App. 593 , 607 n.7, 894 A.2d 335 (2006), aff'd, 284 Conn. 193 , 931 A.2d 916 (2007); as is the doctrine of fraudulent concealment; see Bound Brook Assn. v. Norwalk, 198 Conn. 660, 661 , 504 A.2d 1047 , cert. denied, 479 U.S. 819 , 107 S. Ct. 81 , 93 L.

2013Practice Book § 10-57 provides in relevant part that a “[m]atter in avoidance of affirmative allegations in an answer or counterclaim shall be specially pleaded in the reply.” The continuing course of conduct doctrine is a matter that must be pleaded in avoidance pursuant to Practice Book § 10-57; Bellemare v. Wachovia Mortgage Corp., 94 Conn. App. 593 , 607 n.7, 894 A.2d 335 (2006), aff'd, 284 Conn. 193 , 931 A.2d 916 (2007); as is the doctrine of fraudulent concealment; see Bound Brook Assn. v. Norwalk, 198 Conn. 660, 661 , 504 A.2d 1047 , cert. denied, 479 U.S. 819 , 107 S. Ct. 81 , 93 L.

2000Id., p. 209 What must also be considered under the fraudulent concealment claim is the nature of the relationship between the plaintiff and the hospital.

2000Vincent's Medical Center, 252 Conn. 363 , 368 , 746 A.2d 753 (2000); where a defendant moves for summary judgment based on the statute of limitations and a plaintiff opposes the motion based on the doctrine of fraudulent concealment, the plaintiff must, "by such documents as may be appropriate"; Practice Book § 17-45 ; "establish a factual predicate from which it can be determined, as a matter of law, that a genuine issue of material fact exists" with respect CT Page 9265 to the claim of fraudulent concealment.

2000Vincent's Medical Center, 252 Conn. 363 , 368 , 746 A.2d 753 (2000); where a defendant moves for summary judgment based on the statute of limitations and a plaintiff opposes the motion based on the doctrine of fraudulent concealment, the plaintiff must, "by such documents as may be appropriate"; Practice Book § 17-45 ; "establish a factual predicate from which it can be determined, as a matter of law, that a genuine issue of material fact exists" with respect CT Page 9265 to the claim of fraudulent concealment.

1999Practice Book § 9-6 provides in pertinent part: "[A]ny person may be made a defendant who has or claims an interest in the controversy, or any part thereof, adverse to the plaintiff, or whom it is necessary, for a complete determination or settlement of any question involved therein, to make a party ." (Emphasis added.) "The decision whether to grant a motion for the addition of a party to pending legal proceedings rests generally in the sound discretion of the trial court." Lettieri v. American Savings Bank , 182 Conn. 1 , 13 , 437 A.2d 822 (1980) Our Supreme Court has held that in order to m

1999Practice Book § 9-6 provides in pertinent part: "[A]ny person may be made a defendant who has or claims an interest in the controversy, or any part thereof, adverse to the plaintiff, or whom it is necessary, for a complete determination or settlement of any question involved therein, to make a party ." (Emphasis added.) "The decision whether to grant a motion for the addition of a party to pending legal proceedings rests generally in the sound discretion of the trial court." Lettieri v. American Savings Bank , 182 Conn. 1 , 13 , 437 A.2d 822 (1980) Our Supreme Court has held that in order to m

1995Unexplained failure CT Page 13783 to or delay in initiating an investigation or perhaps lackadaisical efforts in pursing an investigation could provide grounds to prevent reliance on a fraudulent concealment rejoinder to a statute of limitation defense, Merly v. State, 211 Conn. 199 , 207 (1989).

1995Thus, cases like Wohlgemuth v. Meyer 139 Cal.App.2d 236 (1956) and Risel v. Stamford Hospital, 180 Conn. 314 , 339 (1980), which stand for the proposition that physicians have an obligation to inform patients about pertinent information concerning their condition while certainly good law have little to say on the propriety of raising the doctrine of fraudulent concealment.