substance claim (Connecticut) · Go Syfert
← Connecticut issues

substance claim in Connecticut

48 Connecticut opinions name it 3 courts 1896–2025 5 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 (22)

CaseFollowedCited
Whalen v. Ivesgreen
connappct · 1995 · cited in 9 Connecticut opinions naming this issue, 1995–2013
2 sentences

2005This court has opined: “Even though the plaintiffs’ motion was captioned motion for clarification, we look to the substance of the claim rather than the form . . . .” (Citation omitted; internal quotation marks omitted.) Bower v. D’Onfro, 45 Conn. App. 543, 547-48 , 696 A.2d 1285 (1997), quoting Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 , cert, denied, 233 Conn. 905 , 657 A.2d 645 (1995).

2005This court has opined: “Even though the plaintiffs’ motion was captioned motion for clarification, we look to the substance of the claim rather than the form . . . .” (Citation omitted; internal quotation marks omitted.) Bower v. D’Onfro, 45 Conn. App. 543, 547-48 , 696 A.2d 1285 (1997), quoting Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 , cert, denied, 233 Conn. 905 , 657 A.2d 645 (1995).

49
State v. Wokomagreen
conn · 1995 · cited in 8 Connecticut opinions naming this issue, 1997–2013
2 sentences

2005This court has opined: “Even though the plaintiffs’ motion was captioned motion for clarification, we look to the substance of the claim rather than the form . . . .” (Citation omitted; internal quotation marks omitted.) Bower v. D’Onfro, 45 Conn. App. 543, 547-48 , 696 A.2d 1285 (1997), quoting Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 , cert, denied, 233 Conn. 905 , 657 A.2d 645 (1995).

2002We note that, even though the defendant’s motion was captioned “motion to clarify,” “we look to the substance of the claim rather than the form . . . .” (Citation omitted; internal quotation marks omitted.) Bower v. D’Onfro, 45 Conn. App. 543, 547 , 696 A.2d 1285 (1997), quoting Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 , cert. denied, 233 Conn. 905 , 657 A.2d 645 (1995).

48
Whalen v. Ivesgreen
conn · 1995 · cited in 8 Connecticut opinions naming this issue, 1997–2013
2 sentences

2005This court has opined: “Even though the plaintiffs’ motion was captioned motion for clarification, we look to the substance of the claim rather than the form . . . .” (Citation omitted; internal quotation marks omitted.) Bower v. D’Onfro, 45 Conn. App. 543, 547-48 , 696 A.2d 1285 (1997), quoting Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 , cert, denied, 233 Conn. 905 , 657 A.2d 645 (1995).

2002We note that, even though the defendant’s motion was captioned “motion to clarify,” “we look to the substance of the claim rather than the form . . . .” (Citation omitted; internal quotation marks omitted.) Bower v. D’Onfro, 45 Conn. App. 543, 547 , 696 A.2d 1285 (1997), quoting Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 , cert. denied, 233 Conn. 905 , 657 A.2d 645 (1995).

48
Rome v. Albumgreen
connappct · 2002 · cited in 3 Connecticut opinions naming this issue, 2009–2018
2 sentences

2011The court then concluded: “Under these circumstances and lacking any claim, much less analysis, of prejudice by the defendant, we will not exalt form over substance.” Id., citing Rome v. Album, 73 Conn. App. 103, 111-12, 807 A.2d 1017 (2002) (“We must look to the substance of the claim rather than the form. . . .

2011The court then concluded: “Under these circumstances and lacking any claim, much less analysis, of prejudice by the defendant, we will not exalt form over substance.” Id., citing Rome v. Album, 73 Conn. App. 103, 111-12, 807 A.2d 1017 (2002) (“We must look to the substance of the claim rather than the form. . . .

23
In re Brianna F.green
connappct · 1998 · cited in 3 Connecticut opinions naming this issue, 1999–2004
2 sentences

2002Where a party captions its motion improperly, “we look to the substance of the claim rather than the form.” (Internal quotation marks omitted.) Dyck O’Neal, Inc. v. Wynne, 56 Conn. App. 161, 164 , 742 A.2d 393 (1999); see In re Brianna F., 50 Conn. App. 805, 812 , 719 A.2d 478 (1998).

2002Where a party captions its motion improperly, “we look to the substance of the claim rather than the form.” (Internal quotation marks omitted.) Dyck O’Neal, Inc. v. Wynne, 56 Conn. App. 161, 164 , 742 A.2d 393 (1999); see In re Brianna F., 50 Conn. App. 805, 812 , 719 A.2d 478 (1998).

23
State v. Marragreen
conn · 1985 · cited in 2 Connecticut opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., State v. Marra, 195 Conn. 421 , 443-44, 489 A.2d 350 (1985) (although final charge "was not in strict compliance with ... § 54-84 [b] in that the word 'unfavorable' was not used, the substantive meaning of the statutory requirement was conveyed [by the balance of the charge]"); State v. Carrione, supra, 188 Conn. at 684 -86 , 453 A.2d 1137 (harmless error when jurors were told "to draw no legal impressions from the fact that [the defendant] did not take the stand and testify" because, immediately thereafter, they were also told "not to penalize [the defendant] for not testifying and

2016See, e.g., State v. Marra, 195 Conn. 421 , 443-44, 489 A.2d 350 (1985) (although final charge "was not in strict compliance with ... § 54-84 [b] in that the word 'unfavorable' was not used, the substantive meaning of the statutory requirement was conveyed [by the balance of the charge]"); State v. Carrione, supra, 188 Conn. at 684 -86 , 453 A.2d 1137 (harmless error when jurors were told "to draw no legal impressions from the fact that [the defendant] did not take the stand and testify" because, immediately thereafter, they were also told "not to penalize [the defendant] for not testifying and

22
Bower v. D'Onfrogreen
connappct · 1997 · cited in 3 Connecticut opinions naming this issue, 2002–2018
2 sentences

2018See Bower v. D'Onfro , 45 Conn. App. 543 , 547, 696 A.2d 1285 (1997) ("[e]ven though the ... motion was captioned motion for clarification, we look to the substance of the claim rather than the form" [internal quotation marks omitted] ).

2018See Bower v. D'Onfro , 45 Conn. App. 543 , 547, 696 A.2d 1285 (1997) ("[e]ven though the ... motion was captioned motion for clarification, we look to the substance of the claim rather than the form" [internal quotation marks omitted] ).

13
United States v. Joseph Vanterpoolgreen
ca2 · 1968 · cited in 3 Connecticut opinions naming this issue, 1974–1974
2 sentences

1974"Words which convey the substance of the warning along with the required information are sufficient." United States v. Vanterpool, 394 F.2d 697, 699 (2d Cir.).

1974“Words which convey the substance of the warning along with the required information are sufficient.” United States v. Vanterpool, 394 F.2d 697, 699 (2d Cir.).

13
Fadner v. Commissioner of Revenue Servicesgreen
conn · 2007 · cited in 2 Connecticut opinions naming this issue, 2014–2018
2 sentences

2018The plaintiff concedes that he did not specifically direct the trial court to § 52-178 but argues that his requests to ask leading questions "functionally raised" the issue. 8 It is true that our appellate *64 courts occasionally have "expressed a willingness to review claims that *77 a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim *78 was raised." State v. Santana , 313 Conn. 461 , 467, 97 A.3d 963 (2014) ; see also Fadner v. Commissioner of Revenue Services , 281 Conn. 719 , 729 n. 12, 917 A.2d 540 (2007) ; Salmon v. Dept. of

2018The plaintiff concedes that he did not specifically direct the trial court to § 52-178 but argues that his requests to ask leading questions "functionally raised" the issue. 8 It is true that our appellate *64 courts occasionally have "expressed a willingness to review claims that *77 a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim *78 was raised." State v. Santana , 313 Conn. 461 , 467, 97 A.3d 963 (2014) ; see also Fadner v. Commissioner of Revenue Services , 281 Conn. 719 , 729 n. 12, 917 A.2d 540 (2007) ; Salmon v. Dept. of

12
Paula McFarland v. Joan Yukinsgreen
ca6 · 2004 · cited in 1 Connecticut opinions naming this issue, 2025–2025
2 sentences

2025As the United States Court of Appeals for the Fifth Circuit has observed, ‘‘[r]egardless of this clarification of the terminology, the relevant questions remain the same, and we must ask whether [counsel] labored under a conflict of interest, which was not merely hypotheti- cal, and whether that conflict adversely affected the representation (i.e., whether it was an actual conflict).’’ United States v. Infante, 404 F.3d 376, 392 (5th Cir. 2005); see also McFarland v. Yukins, 356 F.3d 688, 706 (6th Cir. 2004) (noting that Mickens ‘‘changed the terminology, but not the substance’’ of test under

2025As the United States Court of Appeals for the Fifth Circuit has observed, ‘‘[r]egardless of this clarification of the terminology, the relevant questions remain the same, and we must ask whether [counsel] labored under a conflict of interest, which was not merely hypotheti- cal, and whether that conflict adversely affected the representation (i.e., whether it was an actual conflict).’’ United States v. Infante, 404 F.3d 376, 392 (5th Cir. 2005); see also McFarland v. Yukins, 356 F.3d 688, 706 (6th Cir. 2004) (noting that Mickens ‘‘changed the terminology, but not the substance’’ of test under

11
United States v. Ricardo M. Infantegreen
ca5 · 2005 · cited in 1 Connecticut opinions naming this issue, 2025–2025
2 sentences

2025As the United States Court of Appeals for the Fifth Circuit has observed, ‘‘[r]egardless of this clarification of the terminology, the relevant questions remain the same, and we must ask whether [counsel] labored under a conflict of interest, which was not merely hypotheti- cal, and whether that conflict adversely affected the representation (i.e., whether it was an actual conflict).’’ United States v. Infante, 404 F.3d 376, 392 (5th Cir. 2005); see also McFarland v. Yukins, 356 F.3d 688, 706 (6th Cir. 2004) (noting that Mickens ‘‘changed the terminology, but not the substance’’ of test under

2025As the United States Court of Appeals for the Fifth Circuit has observed, ‘‘[r]egardless of this clarification of the terminology, the relevant questions remain the same, and we must ask whether [counsel] labored under a conflict of interest, which was not merely hypotheti- cal, and whether that conflict adversely affected the representation (i.e., whether it was an actual conflict).’’ United States v. Infante, 404 F.3d 376, 392 (5th Cir. 2005); see also McFarland v. Yukins, 356 F.3d 688, 706 (6th Cir. 2004) (noting that Mickens ‘‘changed the terminology, but not the substance’’ of test under

11
State v. Gordongreen
connappct · 2004 · cited in 1 Connecticut opinions naming this issue, 2020–2020
1 sentence

2020See Snell v. Norwalk Yellow Cab, Inc., 332 Conn. 720, 763 , 212 A.3d 646 (2019) (‘‘language used in model jury instructions, although instructive in considering the adequacy of a jury instruction . . . is not binding on this court (citation omitted)). 5 Although we do not reach the substance of this claim, we note that it too was rejected in State v. Gordon, supra, 84 Conn. App. 519 .

11
Snell v. Norwalk Yellow Cab, Inc.green
conn · 2019 · cited in 1 Connecticut opinions naming this issue, 2020–2020
2 sentences

2020See Snell v. Norwalk Yellow Cab, Inc., 332 Conn. 720, 763 , 212 A.3d 646 (2019) (‘‘language used in model jury instructions, although instructive in considering the adequacy of a jury instruction . . . is not binding on this court (citation omitted)). 5 Although we do not reach the substance of this claim, we note that it too was rejected in State v. Gordon, supra, 84 Conn. App. 519 .

2020See Snell v. Norwalk Yellow Cab, Inc., 332 Conn. 720, 763 , 212 A.3d 646 (2019) (‘‘language used in model jury instructions, although instructive in considering the adequacy of a jury instruction . . . is not binding on this court (citation omitted)). 5 Although we do not reach the substance of this claim, we note that it too was rejected in State v. Gordon, supra, 84 Conn. App. 519 .

11
Golden Hill Paugussett Tribe of Indians v. Town of Southburygreen
conn · 1995 · cited in 1 Connecticut opinions naming this issue, 2017–2017
11
Franco v. East Shore Development, Inc.green
conn · 2004 · cited in 1 Connecticut opinions naming this issue, 2017–2017
11
Baldwin Piano & Organ Co. v. Blakegreen
conn · 1982 · cited in 1 Connecticut opinions naming this issue, 2017–2017
11
URBAN REDEV. COM'N OF STAMFORD v. Katsetosgreen
connappct · 2004 · cited in 1 Connecticut opinions naming this issue, 2016–2016
11
In Re Application for Petition for Writ of Habeas Corpus by Rossgreen
conn · 2005 · cited in 1 Connecticut opinions naming this issue, 2008–2008
11
Commonwealth v. Mahargreen
mass · 2000 · cited in 1 Connecticut opinions naming this issue, 2006–2006
11
State v. Austingreen
conn · 1998 · cited in 1 Connecticut opinions naming this issue, 2005–2005
11
In Re Denis Brody, Debtor. Carol Brody v. Denis Brodygreen
ca2 · 1993 · cited in 1 Connecticut opinions naming this issue, 2000–2000
11
Barker v. Wingogreen
scotus · 1972 · cited in 1 Connecticut opinions naming this issue, 1995–1995
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 (46)

CaseCitedYears
United National Ins. Co. v. The Tunnel, Inc. v. Jeffrey Bernstein green
ca2 · 1993
2 sentences

2022Co. v. Tunnel, Inc., 988 F.2d 351 , 354–55 (2d Cir. 1993) (The court concluded that, under New York law, an insurance policy exclusion barred coverage for injuries resulting from an assault by a nightclub bouncer, notwithstanding the fact that the underlying pleading sounded in negligence, stating: ‘‘On a motion for summary judgment the court must pierce through the pleadings and their adroit craftsmanship to get at the substance of the claim. . . . [I]t is plain that [the victim] is alleging that the bouncer intentionally struck him.

2022Co. v. Tunnel, Inc., 988 F.2d 351 , 354–55 (2d Cir. 1993) (The court concluded that, under New York law, an insurance policy exclusion barred coverage for injuries resulting from an assault by a nightclub bouncer, notwithstanding the fact that the underlying pleading sounded in negligence, stating: ‘‘On a motion for summary judgment the court must pierce through the pleadings and their adroit craftsmanship to get at the substance of the claim. . . . [I]t is plain that [the victim] is alleging that the bouncer intentionally struck him.

22022–2022
McMahon v. City of Middletown green
connappct · 2018
2 sentences

2019"It is true that our appellate courts occasionally have expressed a willingness to review claims that a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim was raised." (Internal quotation marks omitted.) McMahon v. Middletown , 181 Conn. App. 68 , 76-78, 186 A.3d 58 (2018). "[A]lthough a party need not use the term of art applicable to the claim, or cite to a particular statutory provision or rule of practice to functionally preserve a claim, he or she must have argued the underlying principles or rules at the trial court level in o

2019"It is true that our appellate courts occasionally have expressed a willingness to review claims that a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim was raised." (Internal quotation marks omitted.) McMahon v. Middletown , 181 Conn. App. 68 , 76-78, 186 A.3d 58 (2018). "[A]lthough a party need not use the term of art applicable to the claim, or cite to a particular statutory provision or rule of practice to functionally preserve a claim, he or she must have argued the underlying principles or rules at the trial court level in o

22019–2019
Katzin v. United States green
scotus · 2015
2 sentences

2019Anderson v. Semple , --- U.S. ----, 135 S. Ct. 1453 , 191 L.

2019Anderson v. Semple, U.S. , 135 S. Ct. 1453 , 191 L.

22019–2019
Anderson v. Semple green
scotus · 2015
2 sentences

2019Anderson v. Semple , --- U.S. ----, 135 S. Ct. 1453 , 191 L.

2019Anderson v. Semple, U.S. , 135 S. Ct. 1453 , 191 L.

22019–2019
Dyck O'Neal, Inc. v. Wynne neutral
connappct · 1999
2 sentences

2002Where a party captions its motion improperly, “we look to the substance of the claim rather than the form.” (Internal quotation marks omitted.) Dyck O’Neal, Inc. v. Wynne, 56 Conn. App. 161, 164 , 742 A.2d 393 (1999); see In re Brianna F., 50 Conn. App. 805, 812 , 719 A.2d 478 (1998).

2002Where a party captions its motion improperly, “we look to the substance of the claim rather than the form.” (Internal quotation marks omitted.) Dyck O’Neal, Inc. v. Wynne, 56 Conn. App. 161, 164 , 742 A.2d 393 (1999); see In re Brianna F., 50 Conn. App. 805, 812 , 719 A.2d 478 (1998).

22002–2004
Holcombe v. Holcombe green
connappct · 1990
2 sentences

1998In such situations ‘we look to the substance of the claim rather than the form.’ Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 [cert. denied, 233 Conn. 905 , 657 A.2d 645 ] (1995). ‘Motions for interpretation or clarification, although not specifically described in the rules of practice, are commonly considered by trial courts and are procedurally proper.’ Holcombe v. Holcombe, 22 Conn. App. 363, 366 , 576 A.2d 1317 (1990). . . .

1998In such situations ‘we look to the substance of the claim rather than the form.’ Whalen v. Ives, 37 Conn. App. 7, 16 , 654 A.2d 798 [cert. denied, 233 Conn. 905 , 657 A.2d 645 ] (1995). ‘Motions for interpretation or clarification, although not specifically described in the rules of practice, are commonly considered by trial courts and are procedurally proper.’ Holcombe v. Holcombe, 22 Conn. App. 363, 366 , 576 A.2d 1317 (1990). . . .

21995–1998
Federation of Advertising Industry Representatives, Inc. v. City of Chicago, Illinois green
scotus · 2003
2 sentences

2025An ‘actual conflict of interest’ therefore is a term of art requiring a conflict of interest and adverse effect. . . . [T]he ‘actual conflict of interest’ required in the first prong of the court’s test requires only that the petitioner dem- onstrate a real or genuine, as opposed to a hypothetical, conflict of interest.’’ (Citation omitted.)), cert. denied, 540 U.S. 879 , 124 S. Ct. 303 , 157 L.

2025An ‘actual conflict of interest’ therefore is a term of art requiring a conflict of interest and adverse effect. . . . [T]he ‘actual conflict of interest’ required in the first prong of the court’s test requires only that the petitioner dem- onstrate a real or genuine, as opposed to a hypothetical, conflict of interest.’’ (Citation omitted.)), cert. denied, 540 U.S. 879, 124 S. Ct. 303, 157 L.

12025–2025
Discovery House, Inc. v. Consolidated City of Indianapolis, Indiana green
scotus · 2003
2 sentences

2025An ‘actual conflict of interest’ therefore is a term of art requiring a conflict of interest and adverse effect. . . . [T]he ‘actual conflict of interest’ required in the first prong of the court’s test requires only that the petitioner dem- onstrate a real or genuine, as opposed to a hypothetical, conflict of interest.’’ (Citation omitted.)), cert. denied, 540 U.S. 879 , 124 S. Ct. 303 , 157 L.

2025An ‘actual conflict of interest’ therefore is a term of art requiring a conflict of interest and adverse effect. . . . [T]he ‘actual conflict of interest’ required in the first prong of the court’s test requires only that the petitioner dem- onstrate a real or genuine, as opposed to a hypothetical, conflict of interest.’’ (Citation omitted.)), cert. denied, 540 U.S. 879, 124 S. Ct. 303, 157 L.

12025–2025
Imageline, Inc. v. Xoom Inc. green
scotus · 2003
2 sentences

2025An ‘actual conflict of interest’ therefore is a term of art requiring a conflict of interest and adverse effect. . . . [T]he ‘actual conflict of interest’ required in the first prong of the court’s test requires only that the petitioner dem- onstrate a real or genuine, as opposed to a hypothetical, conflict of interest.’’ (Citation omitted.)), cert. denied, 540 U.S. 879 , 124 S. Ct. 303 , 157 L.

2025An ‘actual conflict of interest’ therefore is a term of art requiring a conflict of interest and adverse effect. . . . [T]he ‘actual conflict of interest’ required in the first prong of the court’s test requires only that the petitioner dem- onstrate a real or genuine, as opposed to a hypothetical, conflict of interest.’’ (Citation omitted.)), cert. denied, 540 U.S. 879, 124 S. Ct. 303, 157 L.

12025–2025
Robert Moss (99-1951 01-1797) and Ronald Kohn (01-1610) v. United States green
ca6 · 2003
2 sentences

2025As the United States Court of Appeals for the Fifth Circuit has observed, ‘‘[r]egardless of this clarification of the terminology, the relevant questions remain the same, and we must ask whether [counsel] labored under a conflict of interest, which was not merely hypotheti- cal, and whether that conflict adversely affected the representation (i.e., whether it was an actual conflict).’’ United States v. Infante, 404 F.3d 376, 392 (5th Cir. 2005); see also McFarland v. Yukins, 356 F.3d 688, 706 (6th Cir. 2004) (noting that Mickens ‘‘changed the terminology, but not the substance’’ of test under

2025As the United States Court of Appeals for the Fifth Circuit has observed, ‘‘[r]egardless of this clarification of the terminology, the relevant questions remain the same, and we must ask whether [counsel] labored under a conflict of interest, which was not merely hypotheti- cal, and whether that conflict adversely affected the representation (i.e., whether it was an actual conflict).’’ United States v. Infante, 404 F.3d 376, 392 (5th Cir. 2005); see also McFarland v. Yukins, 356 F.3d 688, 706 (6th Cir. 2004) (noting that Mickens ‘‘changed the terminology, but not the substance’’ of test under

12025–2025
State v. Davis green
conn · 2022
2 sentences

2025Read together, State v. Davis, supra, 344 Conn. 122 , and Diaz are consistent with the observation of the United States Court of Appeals for the Sixth Circuit that Mickens ‘‘changed the terminology, but not the substance’’ of the test under Sullivan.

2025Read together, State v. Davis, supra, 344 Conn. 122, and Diaz are consistent with the observation of the United States Court of Appeals for the Sixth Circuit that Mickens ‘‘changed the terminology, but not the substance’’ of the test under Sullivan.

12025–2025
State v. Ouellette green
conn · 2010
1 sentence

2021The trial court’s decision with respect to whether to hold a Floyd hearing is reviewable by motion for review pursuant to Practice Book § 66-7 . . . .’’ (Citation omitted; internal quotation marks omitted.) State v. Ouellette, supra, 182 n.7. 5 The court concluded that res judicata did not apply to the petitioner’s due process claim because the substance of his claim was different from that on direct appeal.

12021–2021
Spry v. California green
scotus · 2015
1 sentence

2021We will make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion. . . . [Thus, our] review of such rulings is limited to the questions of whether the trial court correctly applied the law and reasonably could have reached the conclusion that it did.’’ (Citation omitted; internal quotation marks omit- ted.) State v. Gonzalez, 315 Conn. 564 , 593, 109 A.3d 453 , cert. denied, 577 U.S. 843 , 136 S. Ct. 84 , 193 L.

12021–2021
Bryant v. Meko green
scotus · 2015
1 sentence

2021We will make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion. . . . [Thus, our] review of such rulings is limited to the questions of whether the trial court correctly applied the law and reasonably could have reached the conclusion that it did.’’ (Citation omitted; internal quotation marks omit- ted.) State v. Gonzalez, 315 Conn. 564 , 593, 109 A.3d 453 , cert. denied, 577 U.S. 843 , 136 S. Ct. 84 , 193 L.

12021–2021
21st Century North American Ins. Co. v. Perez neutral
connappct · 2017
2 sentences

2019Co. v. Perez, 177 Conn. App. 802 , 819–20, 173 A.3d 64 (2017), cert. denied, 327 Conn. 995 , 175 A.3d 1246 (2018). ‘‘It is true that our appellate courts occasionally have expressed a willingness to review claims that a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim was raised.’’ (Internal quotation marks omitted.) McMahon v. Middletown, 181 Conn. App. 68 , 76–78, 186 A.3d 58 (2018). ‘‘[A]lthough a party need not use the term of art applicable to the claim, or cite to a particular statutory provision or rule of practice to funct

2019Co. v. Perez, 177 Conn. App. 802 , 819–20, 173 A.3d 64 (2017), cert. denied, 327 Conn. 995 , 175 A.3d 1246 (2018). ‘‘It is true that our appellate courts occasionally have expressed a willingness to review claims that a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim was raised.’’ (Internal quotation marks omitted.) McMahon v. Middletown, 181 Conn. App. 68 , 76–78, 186 A.3d 58 (2018). ‘‘[A]lthough a party need not use the term of art applicable to the claim, or cite to a particular statutory provision or rule of practice to funct

12019–2019
Consiglio v. Transamerica Insurance Group green
connappct · 1999
2 sentences

2019Group, 55 Conn. App. 134 , 138 n.2, 737 A.2d 969 (1999). 11 The court stated that ‘‘[a]lthough [the plaintiff’s] application to vacate has been dismissed, the court will briefly review the substance of its claim, as set forth in its brief dated December 7, 2016.’’ 12 ‘‘‘The twelve Johnson factors are: (1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the level of skill required to perform the legal service properly; (4) the preclusion of employment by the attorney due to acceptance of the case; (5) the attorney’s customary hourly rate; (6) whether the fee is

2019Group, 55 Conn. App. 134 , 138 n.2, 737 A.2d 969 (1999). 11 The court stated that ‘‘[a]lthough [the plaintiff’s] application to vacate has been dismissed, the court will briefly review the substance of its claim, as set forth in its brief dated December 7, 2016.’’ 12 ‘‘‘The twelve Johnson factors are: (1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the level of skill required to perform the legal service properly; (4) the preclusion of employment by the attorney due to acceptance of the case; (5) the attorney’s customary hourly rate; (6) whether the fee is

12019–2019
21st Century N. Am. Ins. Co. v. Perez neutral
conn · 2018
2 sentences

2019Co. v. Perez, 177 Conn. App. 802 , 819–20, 173 A.3d 64 (2017), cert. denied, 327 Conn. 995 , 175 A.3d 1246 (2018). ‘‘It is true that our appellate courts occasionally have expressed a willingness to review claims that a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim was raised.’’ (Internal quotation marks omitted.) McMahon v. Middletown, 181 Conn. App. 68 , 76–78, 186 A.3d 58 (2018). ‘‘[A]lthough a party need not use the term of art applicable to the claim, or cite to a particular statutory provision or rule of practice to funct

2019Co. v. Perez, 177 Conn. App. 802 , 819–20, 173 A.3d 64 (2017), cert. denied, 327 Conn. 995 , 175 A.3d 1246 (2018). ‘‘It is true that our appellate courts occasionally have expressed a willingness to review claims that a party did not explicitly raise to the trial court if it is clear from the record that the substance of the claim was raised.’’ (Internal quotation marks omitted.) McMahon v. Middletown, 181 Conn. App. 68 , 76–78, 186 A.3d 58 (2018). ‘‘[A]lthough a party need not use the term of art applicable to the claim, or cite to a particular statutory provision or rule of practice to funct

12019–2019
State v. Dabkowski green
conn · 1986
12018–2018
State v. Munoz green
conn · 1995
12018–2018
Salmon v. Department of Public Health & Addiction Services green
conn · 2002
12018–2018
Wendt v. Wendt green
conn · 2000
12017–2017
Taft v. Wheelabrator Putnam, Inc. green
conn · 2000
12017–2017
Wendt v. Wendt green
connappct · 2000
12017–2017
State v. Carrione green
conn · 1982
12016–2016
Santos v. Morrissey red
connappct · 2011
12012–2012
Commissioner of Correction v. Freedom of Information Commission neutral
connappct · 2011
12012–2012
Barry v. Quality Steel Products, Inc. green
conn · 2003
12012–2012
State v. Mullins green
conn · 2008
12009–2009
Anders v. California green
scotus · 1967
12009–2009
Daley v. McClintock green
conn · 2004
12006–2006
State v. Stevenson green
conn · 1986
12005–2005
State v. Jones green
conn · 1995
12005–2005
State v. Burgos green
connappct · 1995
12005–2005
Control Techniques, Inc. v. Johnson green
ind · 2002
12003–2003
Caporale v. C. W. Blakeslee & Sons, Inc. green
conn · 1961
12000–2000
Zadravecz v. Zadravecz green
connappct · 1995
11998–1998
Town of Killingly v. Wells green
connappct · 1989
11995–1995
State v. Sariol green
conn · 1986
11988–1988
State v. Lopez green
connappct · 1985
11988–1988
State v. Mastropetre green
conn · 1978
11988–1988

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 52-212a (8) CT § Conn. Gen. Stat. § 52-418 (5) CT § Conn. Gen. Stat. § 46b-81 (4) CT § Conn. Gen. Stat. § 51-199 (4) CT § Conn. Gen. Stat. § 53a-134 (4) CT § Conn. Gen. Stat. § 46b-45 (3) CT § Conn. Gen. Stat. § 46b-66 (3) CT § Conn. Gen. Stat. § 52-408 (3) CT § Conn. Gen. Stat. § 52-417 (3) CT § Conn. Gen. Stat. § 53a-135 (3) CT § Conn. Gen. Stat. § 53a-48 (3) CT § Conn. Gen. Stat. § 53a-59 (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

IN 372 (1892–2025) TX 273 (1878–2026) CA 128 (1911–2026) IL 101 (1875–2026) NY 69 (1865–2026) PA 64 (1870–2026) CT 48 (1896–2025) CO 45 (1910–2026) OR 40 (1928–2026) NJ 38 (1950–2026) OH 35 (1900–2026) MI 34 (1892–2025) FL 33 (1946–2026) NC 31 (1931–2025) TN 31 (1907–2017) MO 31 (1867–2025) MA 29 (1895–2024) AL 29 (1897–2025) IA 28 (1871–2026) AZ 25 (1965–2025) OK 24 (1913–2017) MD 24 (1914–2026) MN 22 (1892–2026) MS 22 (1969–2024) ID 22 (1905–2019) GA 21 (1935–2024) WI 19 (1906–2026) WV 18 (1925–2025) WA 17 (1925–2021) KS 17 (1922–2006) VA 15 (1936–2024) LA 14 (1934–2020) ME 14 (1968–2026) NM 14 (1922–2024) NE 14 (1905–2021) UT 13 (1925–2025) DC 10 (1973–2021) KY 10 (1912–2021) ND 10 (1982–2015) AR 10 (1906–2017) SC 8 (1950–2024) DE 8 (1936–2026) NV 7 (1977–2021) VT 7 (1898–2026) RI 7 (1890–2016) HI 6 (1973–2010) SD 6 (1912–2021) NH 4 (1845–2012) WY 4 (1958–2020) AK 3 (1979–2024) MT 3 (1940–2022)

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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