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7 Connecticut opinions name it 3 courts 1991–2006 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 |
|---|---|---|
Board of Trustees of Woodstock Academy v. Freedom of Information Commissiongreen2 sentences1996At that time, the Commission applied the functional equivalency test adopted by the Connecticut Supreme Court in Board of Trustees v. FOIC, 181 Conn. 544 , 554 (1980) and concluded that CCM was not a public agency within the meaning of Conn. Gen. 1995The two leading cases in which an agency has been found to be a public agency under the functional equivalency test are Cos Cob Volunteer Fire Department v. Freedom of Information Commission, 212 Conn. 100 (1989), concerning the non-operational requirements of a volunteer fire department, and Board of Trustees v. Freedom of Information Commission, 181 Conn. 544 (1980), where Woodstock Academy, which provided education essentially as a public school for secondary school children in the Towns of Woodstock, Pomfret CT Page 5915 and Eastford, was found to be a public agency. | 1 | 3 |
Connecticut Humane Society v. Freedom of Information Commissiongreen2 sentences1999In Connecticut Humane Society v. Freedom of Information Commission, 218 Conn. 757 , 761 (1991), our Supreme Court explained that all four factors of the functional equivalency test need not be satisfied. 1996Connecticut Humane Society, supra at 260. | 1 | 2 |
Washington Research Project, Inc. v. Department of Health, Education and Welfaregreen2 sentences1998"In Hallas v. Freedom of Information Commission, supra, 295, the Appellate Court concluded that `[u]nless all four factors [of the functional equivalency test] are present, the agency does not CT Page 10214 meet the test and cannot be considered a public agency.' "In light of the myriad of organizational arrangements that may be confronted, under the functional equivalency approach, `"each new arrangement must be examined anew and in its own context. " Washington Research Project, Inc. v. Department of Health, Education Welfare, [ 504 F.2d 238 , 245-46 (D.C. 1991In light of the myriad of organizational arrangements that may be confronted, under the functional equivalency approach, “ ‘each new arrangement must be examined anew and in its own context.’ Washington Research Project, Inc. v. Department of Health, Education & Welfare, [ 504 F.2d 238, 245-46 (D.C. | 1 | 2 |
Domestic Violence Services of Greater New Haven, Inc. v. Freedom of Information Commissiongreen2 sentences1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carella v. California
green
2 sentences2006In support of this argument, the respondent relied on a functional equivalency test proposed by Justice Scalia in a concurrence in Carella v. California, 491 U.S. 263, 271 , 109 S. Ct. 2419 , 105 L. 2006In support of this argument, the respondent relied on a functional equivalency test proposed by Justice Scalia in a concurrence in Carella v. California, 491 U.S. 263, 271 , 109 S. Ct. 2419 , 105 L. | 1 | 2006–2006 |
Zichichi v. Middlesex Memorial Hospital
green
1 sentence2002Co. v. A. Secondino Sons , 832 F. Sup. 40 , 42 (D.Conn., 1993); also see Zichicki v. Middlesex Memorial Hospital , 204 Conn. 399 , 403 (1987), and other cases cited in Palmieri v. HiWay Campers, Inc. , supra. Applying these observations and the functional equivalency test to the case now before the court, it is clear that the CUTPA count seeks damages for personal injuries, not commercial loss and that harm was caused by the product, here a wheelchair. | 1 | 2002–2002 |
Forsham v. Harris
green
1 sentence1999The record also does not reveal that the level of supervision rises to the level of extensive, detailed and virtually day-to-day supervision contemplated by the court in Forsham v. Harris , supra. The fourth prong of the functional equivalency test concerns whether or not the entity in question was created by the government. | 1 | 1999–1999 |
Yantic Volunteer Fire Co. v. Freedom of Information Commission
green
2 sentences1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 | 1 | 1998–1998 |
Yantic Volunteer Fire Co. v. Freedom of Information Commission
green
2 sentences1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 | 1 | 1998–1998 |
Kalamazoo Board of Education v. Oliver
green
1 sentence1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 | 1 | 1998–1998 |
Droback v. United States
green
1 sentence1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 | 1 | 1998–1998 |
Parker v. Estelle
green
1 sentence1998Cir. 1974), cert. denied, 421 U.S. 963 , 95 S.Ct. 1951 , 44 L.Ed.2d 450 (1975)]. . . . `All relevant factors are to be considered cumulatively, with no single factor being essential or conclusive.' Railway Labor Executives' Assn. v. Consolidated Rail Corporation, 580 F. Sup. 777 , 778 (D.D.C. 1984). . . ." Connecticut Humane Society v. Freedom of Information Commission, supra, 218 Conn. 759 61; see also Domestic Violence Service of Greater New Haven v. Freedom of Information Commission, 240 Conn. 1 , 3 n. 2, 688 A.2d 314 (1997); Yantic Volunteer Fire Co. v. Freedom of Information Commission, 4 | 1 | 1998–1998 |
Michaels Dairies, Inc. v. Knebel
green
1 sentence1996The Commission concluded: "that while public funds are undoubtedly allocated from the budgets of [CCM's] members to pay fees to [CCM], [CCM] does not receive a direct allotment of public funds at this time." (T. 26 at 2 ¶¶ 9 and 14.) The distinction between income from a contract with the government and public funding of an appropriation nature was explored in Lombardo v. Handler, 397 F. Sup. 792 , 794-95 (1975) affirmed without op., 546 F.2d 1043 (D.C. | 1 | 1996–1996 |
Cos Cob Volunteer Fire Co. No. 1, Inc. v. Freedom of Information Commission
green
1 sentence1995The two leading cases in which an agency has been found to be a public agency under the functional equivalency test are Cos Cob Volunteer Fire Department v. Freedom of Information Commission, 212 Conn. 100 (1989), concerning the non-operational requirements of a volunteer fire department, and Board of Trustees v. Freedom of Information Commission, 181 Conn. 544 (1980), where Woodstock Academy, which provided education essentially as a public school for secondary school children in the Towns of Woodstock, Pomfret CT Page 5915 and Eastford, was found to be a public agency. | 1 | 1995–1995 |
Hallas v. Freedom of Information Commission
green
1 sentence1995The court then disapproved of the trial court's reliance on Hallas v. Freedom of Information Commission, an Appellate Court decision, 18 Conn. App. 291 (1989), in which the Appellate Court had concluded that the functional equivalency test required that all four elements be present. | 1 | 1995–1995 |
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.