vexatious suit claim (Connecticut) · Go Syfert
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vexatious suit claim in Connecticut

10 Connecticut opinions name it 3 courts 1990–2016 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 (1)

CaseFollowedCited
DeLaurentis v. City of New Havengreen
conn · 1991 · cited in 1 Connecticut opinions naming this issue, 1991–1991
2 sentences

1991In DeLaurentis v. New Haven, supra, 248 , the court discussed the prior action requirement for vexatious suit liability and concluded, citing Restatement (Second) of Torts, Sec. 680, that liability exists for vexatious "initiation, continuation or procurement of civil proceedings against another before an administrative board that has power to take action adversely affecting the legally protected interests" of another person.

1991The plaintiff has requested reconsideration of the ruling based upon Frisbie v. Morris, 75 Conn. 637 , and the recent decision of DeLaurentis v. New Haven, 220 Conn. 225 , 248 .

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
Blake v. Levy green
conn · 1983
2 sentences

1992The plaintiff argues that the defendant's vexatious suit claim should be stricken because the defendant failed to allege that a prior suit terminated in his favor. "[A] claim for vexatious litigation requires a plaintiff to allege that the previous lawsuit was initiated maliciously, CT Page 2121 without probable cause, and terminated in the plaintiff's favor." Blake v. Levy, 191 Conn. 257 , 263 , 464 A.2d 52 (1983).

1992The plaintiff argues that the defendant's vexatious suit claim should be stricken because the defendant failed to allege that a prior suit terminated in his favor. "[A] claim for vexatious litigation requires a plaintiff to allege that the previous lawsuit was initiated maliciously, CT Page 2121 without probable cause, and terminated in the plaintiff's favor." Blake v. Levy, 191 Conn. 257 , 263 , 464 A.2d 52 (1983).

41990–1994
QSP, Inc. v. Aetna Casualty & Surety Co. green
conn · 2001
2 sentences

2016In QSP, Inc. v. Aetna Casualty & Surety Co., 256 Conn. 343 , 773 A.2d 906 (2001), the Connecticut Supreme Court pointed out that the distinction between a vexatious suit claim and one for abuse of process was that the former focused on the purported wrongful issuance of process while the latter concerned the subsequent proceedings.

2016In QSP, Inc. v. Aetna Casualty & Surety Co., 256 Conn. 343 , 773 A.2d 906 (2001), the Connecticut Supreme Court pointed out that the distinction between a vexatious suit claim and one for abuse of process was that the former focused on the purported wrongful issuance of process while the latter concerned the subsequent proceedings.

22016–2016
Shea v. Berry green
conn · 1919
2 sentences

2000There remains then for the court to determine whether there was a lack of probable cause and whether malice underlied the previous action. "`Probable cause is the knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for prosecuting the defendant in the manner complained of.' Shea v. Berry, 93 Conn. 475 , 477 . 106 A. 761 (1919).

2000There remains then for the court to determine whether there was a lack of probable cause and whether malice underlied the previous action. "`Probable cause is the knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for prosecuting the defendant in the manner complained of.' Shea v. Berry, 93 Conn. 475 , 477 . 106 A. 761 (1919).

12000–2000
Shea v. Chase Manhattan Bank, No. Cv96 0149647 S (Jun. 17, 1997) neutral
connsuperct · 1997
1 sentence

1998However, in Shea v. Chase Manhattan Bank, 19 Conn. L.

11998–1998
Martin v. Cumberland Farms, Inc, No. Cv 95 0546209 S (Mar. 27, 1996) green
connsuperct · 1996
2 sentences

1998See TCW Realty Fund lI v. Pearle Vision, Inc., supra, Superior Court, Docket No. CVH-4990HD; Martin v. Cumberland Farms, Inc., supra, 16 Conn. L.

1998See TCW Realty Fund lI v. Pearle Vision, Inc., supra, Superior Court, Docket No. CVH-4990HD; Martin v. Cumberland Farms, Inc., supra, 16 Conn. L.

11998–1998
Frisbie v. Morris green
conn · 1903
1 sentence

1991The plaintiff has requested reconsideration of the ruling based upon Frisbie v. Morris, 75 Conn. 637 , and the recent decision of DeLaurentis v. New Haven, 220 Conn. 225 , 248 .

11991–1991
Vandersluis v. Weil green
conn · 1978
2 sentences

1991A In Vandersluis v. Weil, 176 Conn. 353, 356 , 407 A.2d 982 (1978), we stated: “A vexatious suit is a type of malicious prosecution action, differing principally in that it is based upon a prior civil action, whereas a malicious prosecution suit ordinarily implies a prior criminal complaint.

1991A In Vandersluis v. Weil, 176 Conn. 353, 356 , 407 A.2d 982 (1978), we stated: “A vexatious suit is a type of malicious prosecution action, differing principally in that it is based upon a prior civil action, whereas a malicious prosecution suit ordinarily implies a prior criminal complaint.

11991–1991

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 52-568 (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.

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