equally familiar principle (Connecticut) · Go Syfert
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equally familiar principle in Connecticut

11 Connecticut opinions name it 2 courts 1923–2024 2 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 (2)

CaseFollowedCited
Fisher v. Big Y Foods, Inc.green
conn · 2010 · cited in 1 Connecticut opinions naming this issue, 2024–2024
2 sentences

2024The jury’s verdict cannot be upheld if the jury reasonably and legally could not have reached the determination that [it] did in fact reach or if, without conjecture, [it] could not have found a required element of the cause of action . . . .’’ (Citations omitted; internal quotation marks omitted.) Burke v. Mesniaeff, 334 Conn. 100 , 127, 220 A.3d 777 (2019); see also Fisher v. Big Y Foods, Inc., 298 Conn. 414, 440 , 3 A.3d 919 (2010) (‘‘Although it is the jury’s right to draw logical deductions and make reasonable inferences from the facts proven . . . it may not resort to mere conjecture and

2024The jury’s verdict cannot be upheld if the jury reasonably and legally could not have reached the determination that [it] did in fact reach or if, without conjecture, [it] could not have found a required element of the cause of action . . . .’’ (Citations omitted; internal quotation marks omitted.) Burke v. Mesniaeff, 334 Conn. 100 , 127, 220 A.3d 777 (2019); see also Fisher v. Big Y Foods, Inc., 298 Conn. 414, 440 , 3 A.3d 919 (2010) (‘‘Although it is the jury’s right to draw logical deductions and make reasonable inferences from the facts proven . . . it may not resort to mere conjecture and

11
Boehm v. Kishgreen
conn · 1986 · cited in 1 Connecticut opinions naming this issue, 1999–1999
2 sentences

1999Boehm v. Kish, 201 Conn. 385, 389 , 517 A.2d 624 (1986) (“[w]hen an element necessary to a cause of action cannot be established without conjecture, the evidence presented cannot withstand a motion for a directed verdict”).

1999Boehm v. Kish, 201 Conn. 385, 389 , 517 A.2d 624 (1986) (“[w]hen an element necessary to a cause of action cannot be established without conjecture, the evidence presented cannot withstand a motion for a directed verdict”).

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 (13)

CaseCitedYears
Glazer v. Dress Barn, Inc. green
conn · 2005
2 sentences

2005We apply this familiar and deferential scope of review, however, in light of *774 the equally familiar principle that the plaintiff[s] must produce sufficient evidence to remove the jury’s function of examining inferences and finding facts from the realm of speculation.” (Citations omitted; internal quotation marks omitted.) Glazer v. Dress Barn, Inc., 274 Conn. 33, 50 , 873 A.2d 929 (2005).

2005We apply this familiar and deferential scope of review, however, in light of *774 the equally familiar principle that the plaintiff[s] must produce sufficient evidence to remove the jury’s function of examining inferences and finding facts from the realm of speculation.” (Citations omitted; internal quotation marks omitted.) Glazer v. Dress Barn, Inc., 274 Conn. 33, 50 , 873 A.2d 929 (2005).

22005–2006
Burke v. Mesniaeff green
conn · 2019
2 sentences

2024The jury’s verdict cannot be upheld if the jury reasonably and legally could not have reached the determination that [it] did in fact reach or if, without conjecture, [it] could not have found a required element of the cause of action . . . .’’ (Citations omitted; internal quotation marks omitted.) Burke v. Mesniaeff, 334 Conn. 100 , 127, 220 A.3d 777 (2019); see also Fisher v. Big Y Foods, Inc., 298 Conn. 414, 440 , 3 A.3d 919 (2010) (‘‘Although it is the jury’s right to draw logical deductions and make reasonable inferences from the facts proven . . . it may not resort to mere conjecture and

2024The jury’s verdict cannot be upheld if the jury reasonably and legally could not have reached the determination that [it] did in fact reach or if, without conjecture, [it] could not have found a required element of the cause of action . . . .’’ (Citations omitted; internal quotation marks omitted.) Burke v. Mesniaeff, 334 Conn. 100 , 127, 220 A.3d 777 (2019); see also Fisher v. Big Y Foods, Inc., 298 Conn. 414, 440 , 3 A.3d 919 (2010) (‘‘Although it is the jury’s right to draw logical deductions and make reasonable inferences from the facts proven . . . it may not resort to mere conjecture and

12024–2024
Carrol v. Allstate Insurance green
conn · 2003
2 sentences

2024Co., 262 Conn. 433, 442 , 815 A.2d 119 (2003). ‘‘We continually have held that in order to prevail on a claim of negligent infliction of emotional distress, the plaintiff must prove that the defendant should have realized that its conduct involved an unreasonable risk of causing emotional distress and that that distress, 14 ,0 0 Conn. App. 1 C.

2024Co., 262 Conn. 433, 442 , 815 A.2d 119 (2003). ‘‘We continually have held that in order to prevail on a claim of negligent infliction of emotional distress, the plaintiff must prove that the defendant should have realized that its conduct involved an unreasonable risk of causing emotional distress and that that distress, 14 ,0 0 Conn. App. 1 C.

12024–2024
Reyes v. Chetta green
connappct · 2013
2 sentences

2019We apply this familiar and deferential scope of review, however, in light of the equally familiar principle that the [defendant] must produce sufficient evidence to remove the [fact finder’s] function of examining inferences and finding facts from the realm of speculation.’’ (Internal quotation marks omitted.) Reyes v. Chetta, 143 Conn. App. 758, 765 , 71 A.3d 1255 (2013). ‘‘Moreover, with respect to the trial court’s refusal to set aside the verdict, we accord great deference to the vantage of the trial judge, who possesses a unique opportunity to evaluate the credibility of witnesses. . . .

2019We apply this familiar and deferential scope of review, however, in light of the equally familiar principle that the [defendant] must produce sufficient evidence to remove the [fact finder’s] function of examining inferences and finding facts from the realm of speculation.’’ (Internal quotation marks omitted.) Reyes v. Chetta, 143 Conn. App. 758, 765 , 71 A.3d 1255 (2013). ‘‘Moreover, with respect to the trial court’s refusal to set aside the verdict, we accord great deference to the vantage of the trial judge, who possesses a unique opportunity to evaluate the credibility of witnesses. . . .

12019–2019
American Diamond Exchange, Inc. v. Alpert green
connappct · 2007
1 sentence

2007We apply this familiar and deferential scope of review, however, in light of the equally familiar principle that the plaintifffs] must produce sufficient evidence to remove the [court]’s function of examining inferences and finding facts from the realm of speculation.” (Internal quotation marks omitted.) Id.

12007–2007
Smith v. Town of Greenwich green
conn · 2006
2 sentences

2007We apply this familiar and deferential scope of review, however, in light of the equally familiar principle that the plaintiffs] must produce sufficient evidence to remove the [court]’s function of examining inferences and finding facts from the realm of speculation.” (Internal quotation marks omitted.) Smith v. Greenwich, 278 Conn. 428, 440-41 , 899 A.2d 563 (2006).

2007We apply this familiar and deferential scope of review, however, in light of the equally familiar principle that the plaintiffs] must produce sufficient evidence to remove the [court]’s function of examining inferences and finding facts from the realm of speculation.” (Internal quotation marks omitted.) Smith v. Greenwich, 278 Conn. 428, 440-41 , 899 A.2d 563 (2006).

12007–2007
Margolin v. Kleban and Samor, PC green
conn · 2005
2 sentences

2006We apply this familiar and deferential scope of review, however, in light of the equally familiar principle that the plaintiffs] must produce sufficient evidence to remove the jury’s function of examining inferences and finding facts from the realm of speculation.” (Internal quotation marks omitted.) Margolin v. Kleban & Samor, P.C., 275 Conn. 765, 773-74 , 882 A.2d 653 (2005).

2006We apply this familiar and deferential scope of review, however, in light of the equally familiar principle that the plaintiffs] must produce sufficient evidence to remove the jury’s function of examining inferences and finding facts from the realm of speculation.” (Internal quotation marks omitted.) Margolin v. Kleban & Samor, P.C., 275 Conn. 765, 773-74 , 882 A.2d 653 (2005).

12006–2006
Mayer v. Biafore, Florek & O'Neill green
conn · 1998
2 sentences

2005“In general, the plaintiff in an attorney malpractice action must establish: (1) the existence of an attorney-client relationship; (2) the attorney’s wrongful act or omission; (3) causation; and (4) damages.” Mayer v. Biafore, Florek & O'Neill, 245 Conn. 88, 92 , 713 A.2d 1267 (1998). 8 The plaintiff here sought to establish causation and damages in part by proof that he had obtained a default judgment of a specific amount against Jaquith, upon which he could not recover because of the defendants’ negligent failure to obtain a prejudgment remedy.

2005“In general, the plaintiff in an attorney malpractice action must establish: (1) the existence of an attorney-client relationship; (2) the attorney’s wrongful act or omission; (3) causation; and (4) damages.” Mayer v. Biafore, Florek & O'Neill, 245 Conn. 88, 92 , 713 A.2d 1267 (1998). 8 The plaintiff here sought to establish causation and damages in part by proof that he had obtained a default judgment of a specific amount against Jaquith, upon which he could not recover because of the defendants’ negligent failure to obtain a prejudgment remedy.

12005–2005
Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkin green
conn · 1998
2 sentences

2004Although we recognize that damages for lost profits may be difficult to prove with exactitude . . . such damages are recoverable only to the extent that the evidence affords a sufficient basis for estimating their amount with reasonable certainty.” (Citations omitted; emphasis in original; internal quotation marks omitted.) Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkin, 247 Conn. 48, 69 , 717 A.2d 724 (1998). “[T]he plaintiff cannot recover for the mere possibility of making a profit. ...

2004Although we recognize that damages for lost profits may be difficult to prove with exactitude . . . such damages are recoverable only to the extent that the evidence affords a sufficient basis for estimating their amount with reasonable certainty.” (Citations omitted; emphasis in original; internal quotation marks omitted.) Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkin, 247 Conn. 48, 69 , 717 A.2d 724 (1998). “[T]he plaintiff cannot recover for the mere possibility of making a profit. ...

12004–2004
Paige v. Saint Andrew's Roman Catholic Church Corp. green
conn · 1999
2 sentences

2003Andrew’s Roman Catholic Church Corp., 250 Conn. 14, 17-18 , 734 A.2d 85 (1999).

2003Andrew’s Roman Catholic Church Corp., 250 Conn. 14, 17-18 , 734 A.2d 85 (1999).

12003–2003
Russell Lumber Co. v. Waterbury National Bank neutral
conn · 1909
1 sentence

1923Ceffarelli v. Landino, 82 Conn. 126 , 72 Atl. 564 , lays down the equally familiar rule that at common law this right to lateral support does not extend to buildings, saying: “But if there are buildings upon the neighbor’s land, and these increase the lateral pressure, and if the giving way is due to this added burden, the person excavating *45 is not liable, in the absence of negligence in conducting the work, for the damage so resulting to the owner.” In Barnes v. Waterbury, 82 Conn. 518 , 74 Atl. 902 , a retaining wall was undermined in the construction of a sewer alongside of the plaintiff

11923–1923
Barnes v. City of Waterbury neutral
conn · 1909
1 sentence

1923Ceffarelli v. Landino, 82 Conn. 126 , 72 Atl. 564 , lays down the equally familiar rule that at common law this right to lateral support does not extend to buildings, saying: “But if there are buildings upon the neighbor’s land, and these increase the lateral pressure, and if the giving way is due to this added burden, the person excavating *45 is not liable, in the absence of negligence in conducting the work, for the damage so resulting to the owner.” In Barnes v. Waterbury, 82 Conn. 518 , 74 Atl. 902 , a retaining wall was undermined in the construction of a sewer alongside of the plaintiff

11923–1923
Ceffarelli v. Landino green
conn · 1909
2 sentences

1923Ceffarelli v. Landino, 82 Conn. 126 , 72 Atl. 564 , lays down the equally familiar rule that at common law this right to lateral support does not extend to buildings, saying: “But if there are buildings upon the neighbor’s land, and these increase the lateral pressure, and if the giving way is due to this added burden, the person excavating *45 is not liable, in the absence of negligence in conducting the work, for the damage so resulting to the owner.” In Barnes v. Waterbury, 82 Conn. 518 , 74 Atl. 902 , a retaining wall was undermined in the construction of a sewer alongside of the plaintiff

1923Ceffarelli v. Landino, 82 Conn. 126 , 72 Atl. 564 , lays down the equally familiar rule that at common law this right to lateral support does not extend to buildings, saying: “But if there are buildings upon the neighbor’s land, and these increase the lateral pressure, and if the giving way is due to this added burden, the person excavating *45 is not liable, in the absence of negligence in conducting the work, for the damage so resulting to the owner.” In Barnes v. Waterbury, 82 Conn. 518 , 74 Atl. 902 , a retaining wall was undermined in the construction of a sewer alongside of the plaintiff

11923–1923

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (5) CT § Conn. Gen. Stat. § 52-572h (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 11 (1923–2024) IL 5 (1963–1990) PA 2 (1939–1963) MO 2 (1960–1962)

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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