plaintiff to submit claim (Connecticut) · Go Syfert
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plaintiff to submit claim in Connecticut

13 Connecticut opinions name it 2 courts 2005–2016 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 (3)

CaseFollowedCited
DiStefano v. Milardogreen
conn · 2005 · cited in 5 Connecticut opinions naming this issue, 2007–2012
2 sentences

2012DiStefano v. Milardo, 276 Conn. 416, 422 , 886 A.2d 415 (2005) (“[w]hether the plaintiff has established *856 a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary”).

2012DiStefano v. Milardo, 276 Conn. 416, 422 , 886 A.2d 415 (2005) (“[w]hether the plaintiff has established *856 a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary”).

15
LAPOINTE v. Commissioner of Correctiongreen
connappct · 2009 · cited in 1 Connecticut opinions naming this issue, 2014–2014
2 sentences

2014In evaluating the [granting of] a motion to dismiss, [t]he evidence offered by the plaintiff is to be taken as true and inter- preted in the light most favorable to [the plaintiff], and every reasonable inference is to be drawn in [the plain- tiff’s] favor.’’ (Internal quotation marks omitted.) Winn v. Posades, 281 Conn. 50 , 54–55, 913 A.2d 407 (2007); see also Lapointe v. Commissioner of Correction, 113 Conn. App. 378, 388 , 966 A.2d 780 (2009). ‘‘Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over wh

2014In evaluating the [granting of] a motion to dismiss, [t]he evidence offered by the plaintiff is to be taken as true and inter- preted in the light most favorable to [the plaintiff], and every reasonable inference is to be drawn in [the plain- tiff’s] favor.’’ (Internal quotation marks omitted.) Winn v. Posades, 281 Conn. 50 , 54–55, 913 A.2d 407 (2007); see also Lapointe v. Commissioner of Correction, 113 Conn. App. 378, 388 , 966 A.2d 780 (2009). ‘‘Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over wh

11
Falker v. Samperigreen
conn · 1983 · cited in 1 Connecticut opinions naming this issue, 2005–2005
2 sentences

2005See Falker v. Samperi, 190 Conn. 412, 419 , 461 A.2d 681 (1983).

2005See Falker v. Samperi, 190 Conn. 412, 419 , 461 A.2d 681 (1983).

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 (7)

CaseCitedYears
Winn v. Posades green
conn · 2007
2 sentences

2016Winn v. Posades , 281 Conn. 50 , 55, 913 A.2d 407 (2007) ("[w]hether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary" [internal quotation marks omitted] ).

2016Winn v. Posades , 281 Conn. 50 , 55, 913 A.2d 407 (2007) ("[w]hether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary" [internal quotation marks omitted] ).

42007–2016
State v. Marcial green
conn · 2008
2 sentences

2013Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary.” (Citations omitted; internal quotation marks omitted.) Sullivan v. Thorndike, 104 Conn. App. 297, 302 , 934 A.2d 827 (2007), cert. denied, 285 Conn. 907 , 908, 942 A.2d 415 , 416 (2008). “[I]t is the burden of the party who seeks the exercise of jurisdiction in his favor . . . clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute. . . .

2013Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary.” (Citations omitted; internal quotation marks omitted.) Sullivan v. Thorndike, 104 Conn. App. 297, 302 , 934 A.2d 827 (2007), cert. denied, 285 Conn. 907 , 908, 942 A.2d 415 , 416 (2008). “[I]t is the burden of the party who seeks the exercise of jurisdiction in his favor . . . clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute. . . .

22012–2013
Sullivan v. Thorndike green
connappct · 2007
2 sentences

2013Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary.” (Citations omitted; internal quotation marks omitted.) Sullivan v. Thorndike, 104 Conn. App. 297, 302 , 934 A.2d 827 (2007), cert. denied, 285 Conn. 907 , 908, 942 A.2d 415 , 416 (2008). “[I]t is the burden of the party who seeks the exercise of jurisdiction in his favor . . . clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute. . . .

2013Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary.” (Citations omitted; internal quotation marks omitted.) Sullivan v. Thorndike, 104 Conn. App. 297, 302 , 934 A.2d 827 (2007), cert. denied, 285 Conn. 907 , 908, 942 A.2d 415 , 416 (2008). “[I]t is the burden of the party who seeks the exercise of jurisdiction in his favor . . . clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute. . . .

22012–2013
Williams v. Commissioner of Correction green
conn · 1997
2 sentences

2015To prove actual innocence the petitioner must be able ‘‘to show that based on proffered newly discovered evidence and the entire record before the jury that convicted him, no rational trier of fact could [find] proof of guilt beyond a reasonable doubt.’’ (Internal quotation marks omitted.) Williams v. Commissioner of Correc- tion, 240 Conn. 547, 548 , 692 A.2d 1231 (1997). ‘‘Actual innocence, also referred to as factual innocence . . . is different than legal innocence.

2015To prove actual innocence the petitioner must be able ‘‘to show that based on proffered newly discovered evidence and the entire record before the jury that convicted him, no rational trier of fact could [find] proof of guilt beyond a reasonable doubt.’’ (Internal quotation marks omitted.) Williams v. Commissioner of Correc- tion, 240 Conn. 547, 548 , 692 A.2d 1231 (1997). ‘‘Actual innocence, also referred to as factual innocence . . . is different than legal innocence.

12015–2015
Missouri v. Frye green
scotus · 2012
1 sentence

2014The habeas court relied on the United States Supreme Court decision in Missouri v. Frye, supra, 132 S. Ct. 1399 , to dismiss the petitioner’s claim that Imhoff ren- dered ineffective assistance when conveying the pre- trial plea offer.

12014–2014
Padawer v. Yur green
connappct · 2013
2 sentences

2014Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary.” (Internal quotation marks omitted.) Padawer v. Yur, 142 Conn. App. 812, 816 , 66 A.3d 931 , cert. denied, 310 Conn. 927 , 78 A.3d 145 (2013); see also Practice Book § 15-8. 10 A careful review of the record reveals that the trial court did not impermissibly make findings as to disputed facts, weigh the credibility of Boardsen’s testimony, or draw inferences against the plaintiffs.

2014Whether the plaintiff has established a prima facie case entitling the plaintiff to submit a claim to a trier of fact is a question of law over which our review is plenary.” (Internal quotation marks omitted.) Padawer v. Yur, 142 Conn. App. 812, 816 , 66 A.3d 931 , cert. denied, 310 Conn. 927 , 78 A.3d 145 (2013); see also Practice Book § 15-8. 10 A careful review of the record reveals that the trial court did not impermissibly make findings as to disputed facts, weigh the credibility of Boardsen’s testimony, or draw inferences against the plaintiffs.

12014–2014
Chiulli v. Zola green
connappct · 2006
2 sentences

2012In order to prevail on a breach of contract action, a plaintiff must prove “the formation of an agreement, performance by one party, breach of the agreement by the other party and damages.” (Internal quotation marks omitted.) Chiulli v. Zola, 97 Conn. App. 699, 706-707 , 905 A.2d 1236 (2006).

2012In order to prevail on a breach of contract action, a plaintiff must prove “the formation of an agreement, performance by one party, breach of the agreement by the other party and damages.” (Internal quotation marks omitted.) Chiulli v. Zola, 97 Conn. App. 699, 706-707 , 905 A.2d 1236 (2006).

12012–2012

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 15-8 (6) CT § Conn. Gen. Stat. § 16-35 (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

CT 13 (2005–2016) LA 2 (2018–2018)

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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