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13 Connecticut opinions name it 3 courts 1972–2015 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.
| Case | Followed | Cited |
|---|---|---|
Novella v. Hartford Accident & Indemnity Co.green2 sentences1996When the term waiver is used, however, the elements of an estoppel almost invariably appear, and it is quite apparent that it is employed to designate, not a pure waiver but one which has come into an existence of effectiveness through the application of the principles underlying estoppel." (Citations omitted; internal quotation marks omitted.) Id., 563-64. 1996When the term waiver is used, however, the elements of an estoppel almost invariably appear, and it is quite apparent that it is employed to designate, not a pure waiver but one which has come into an existence of effectiveness through the application of the principles underlying estoppels." (Citations omitted; internal quotation marks omitted.) Id., 563-64 . | 1 | 3 |
S.H.V.C., Inc. v. Roygreen2 sentences2012See S.H.V.C., Inc. v. Roy, 188 Conn. 503, 510 , 450 A.2d 351 (1982) (waiver and estoppel so similar as to be “nearly indistinguishable”). 2012See S.H.V.C., Inc. v. Roy, 188 Conn. 503, 510 , 450 A.2d 351 (1982) (waiver and estoppel so similar as to be “nearly indistinguishable”). | 1 | 2 |
Dynamic MacHine Works, Inc. v. MacHine & Electrical Consultants, Inc.green1 sentence2015Although the UCC contains numerous references to the ‘‘waiver’’ of contractual requirements, it never defines the term waiver; see General Statutes § 42a-2-103 (defi- nitions and index of definitions in article 2 of UCC); Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc., 352 F. Supp. 2d 83, 88 (D. | 1 | 1 |
S.H.V.C., Inc. v. Roygreen1 sentence1996The apparent difference between certain of the cases becomes one of terms rather than of fundamental principle." S.H.V.C., Inc. v. Roy supra 510; Novella v. Hartford Accident Indemnity Company, supra 564. | 1 | 1 |
Bernhard v. Rochester German Insurancegreen2 sentences1972Co., 79 Conn. 388, 393, 65 A. 134 . 1972Co., 79 Conn. 388, 393, 65 A. 134 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lightowler v. Continental Insurance
neutral
2 sentences2003"By this broadest possible definition . . . [of the term claim, the Bankruptcy Code] contemplates that all legal obligations of the debtor, no matter how remote or contingent, will be able to be deal with in the bankruptcy case." (Internal quotation marks omitted.) Lighttowler v. Continental Insurance Co. . 255 Conn. 639 , 649 , 769 A.2d 49 (2001). 2003"By this broadest possible definition . . . [of the term claim, the Bankruptcy Code] contemplates that all legal obligations of the debtor, no matter how remote or contingent, will be able to be deal with in the bankruptcy case." (Internal quotation marks omitted.) Lighttowler v. Continental Insurance Co. . 255 Conn. 639 , 649 , 769 A.2d 49 (2001). | 1 | 2003–2003 |
cluster 568497
green
1 sentence2001“By this broadest possible definition ... [of the term claim, the Bankruptcy Code] contemplates that all legal obligations of the debtor, no matter how remote or contingent, will be able to be dealt with in the bankruptcy case.” (Emphasis added; internal quotation marks omitted.) In re Chateaugay Corp., 944 F.2d 997 , 1003 (2d Cir. 1991), quoting H.R. | 1 | 2001–2001 |
State v. Diaz
neutral
2 sentences1998"Section 53a-119a (b) [now § 53a-119a (c) which refers to the provisions of § 53a-119a (a)] eliminates the requirement of proof of commission of the crime or conviction as the basis of a merchant's freedom from civil liability by granting merchants a qualified privilege to detain and question suspected shoplifters CT Page 11325 and by creating a rebuttable presumption of guilt in a civil action by the detainer, if reasonable grounds to believe that the detained person was committing or attempting to commit a larceny are shown." (Emphasis added.) State v. Diaz , 39 Conn. Sup. 392 , 395 , 466 A. 1998"Section 53a-119a (b) [now § 53a-119a (c) which refers to the provisions of § 53a-119a (a)] eliminates the requirement of proof of commission of the crime or conviction as the basis of a merchant's freedom from civil liability by granting merchants a qualified privilege to detain and question suspected shoplifters CT Page 11325 and by creating a rebuttable presumption of guilt in a civil action by the detainer, if reasonable grounds to believe that the detained person was committing or attempting to commit a larceny are shown." (Emphasis added.) State v. Diaz , 39 Conn. Sup. 392 , 395 , 466 A. | 1 | 1998–1998 |
Middlesex Mutual Assurance Co. v. Walsh
green
2 sentences1996In Middlesex Mutual Assurance Co. v. Walsh, 218 Conn. 681 , 590 A.2d 957 (1991), the court outlined two elements which must be demonstrated in order to assert an implied waiver or estoppel claim, "Under Connecticut law, any claim of estoppel is predicated on proof of two essential elements: the party against whom estoppel is claimed must do or say something calculated or intended to induce another party to believe that certain facts exist and to act on that belief; and the other party must change its position in reliance on those facts, thereby incurring some injury. . . . 1996In Middlesex Mutual Assurance Co. v. Walsh, 218 Conn. 681 , 590 A.2d 957 (1991), the court outlined two elements which must be demonstrated in order to assert an implied waiver or estoppel claim, "Under Connecticut law, any claim of estoppel is predicated on proof of two essential elements: the party against whom estoppel is claimed must do or say something calculated or intended to induce another party to believe that certain facts exist and to act on that belief; and the other party must change its position in reliance on those facts, thereby incurring some injury. . . . | 1 | 1996–1996 |
Boyce v. Allstate Insurance Company, No. Cv 90-0374599s (Jan. 4, 1994)
neutral
1 sentence1996"If conduct or action on the part of the [defendant] is responsible for the [plaintiff's] failure to comply in time with the conditions precedent . . . injustice is avoided and adequate relief assured without doing violence to the plain language used by the legislature, by resort to traditional principles of waiver and estoppel." Boyce v. Allstate Insurance Co., Superior Court, Judicial District of Hartford-New Britain at Hartford, Docket No. 374599 (January 4, 1994, Corradino, J., 9 CSCR 90 ). | 1 | 1996–1996 |
Board of Police Commissioners v. Freedom of Information Commission
green
2 sentences1994Given the above interpretation of the term hearing, the decision of our Supreme Court in Board of Police Commissioners v. Freedom of Information Commission, supra, 192 Conn. 183 , involving an analogous situation, provides persuasive authority to uphold the FOIC decision rendered in this case. 1994Given the above interpretation of the term hearing, the decision of our Supreme Court in Board of Police Commissioners v. Freedom of Information Commission, supra, 192 Conn. 183 , involving an analogous situation, provides persuasive authority to uphold the FOIC decision rendered in this case. | 1 | 1994–1994 |
Stearns v. Stearns
green
1 sentence1973The “latent ambiguity” rule does not permit extrinsic evidence of the testator’s intention “which would substitute in place of the term or word another term or word not used by the testator, or add to a term or a clause an omission.” Id., 221 . | 1 | 1973–1973 |
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.