disclosed defense (Connecticut) · Go Syfert
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disclosed defense in Connecticut

5 Connecticut opinions name it 2 courts 1991–2002 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
Burns v. Bennettgreen
conn · 1991 · cited in 1 Connecticut opinions naming this issue, 1992–1992
2 sentences

1992See also Burns v. Bennett, 220 Conn. 162 , 167 n. 7, 595 A.2d 877 (1991); Deutsche Bank Co. v. Hermann, 4 CSCR 771 , 772 (November 6, 1989, Cioffi, J.) The defendant's disclosed defense in this matter, satisfies the standard articulated in Jennings, supra, in that it does not appear to be "palpably untruthful, or irrelevant, or utterly frivolous so as to indicate bad faith on the part of the counsel." Jennings, supra, 417 .

1992See also Burns v. Bennett, 220 Conn. 162 , 167 n. 7, 595 A.2d 877 (1991); Deutsche Bank Co. v. Hermann, 4 CSCR 771 , 772 (November 6, 1989, Cioffi, J.) The defendant's disclosed defense in this matter, satisfies the standard articulated in Jennings, supra, in that it does not appear to be "palpably untruthful, or irrelevant, or utterly frivolous so as to indicate bad faith on the part of the counsel." Jennings, supra, 417 .

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 (4)

CaseCitedYears
Rich-Taubman Associates v. Commissioner of Revenue Services green
conn · 1996
2 sentences

2002Rich-Taubman Associated v. Commissioner of Revenue Services, 236 Conn. 613 , 620-621 , 674 A.2d 805 (1996).

2002Rich-Taubman Associated v. Commissioner of Revenue Services, 236 Conn. 613 , 620-621 , 674 A.2d 805 (1996).

22002–2002
Jennings v. Parsons green
· 1899
2 sentences

1992In Jennings v. Parsons, 71 Conn. 413 , 42 A. 76 (1899), the court, in a decision setting forth the purpose behind this rule, held that testing the legal sufficiency of the disclosed defense is not appropriate at this stage.

1992In Jennings v. Parsons, 71 Conn. 413 , 42 A. 76 (1899), the court, in a decision setting forth the purpose behind this rule, held that testing the legal sufficiency of the disclosed defense is not appropriate at this stage.

21991–1992
Goodrich v. Stanton green
conn · 1899
1 sentence

2000The Supreme Court stated that the trial court "had no power to pass upon the legal sufficiency of the proposed defense at that stage of the case ," (emphasis supplied) Jennings v. Parsons , supra, 71 Conn. 418 , implying that the legal sufficiency of the defense could not be adjudicated until the defendant had actually pleaded the defense in answer to the complaint.

12000–2000
Ferryman v. City of Groton green
conn · 1989
2 sentences

1992While legal sufficiency is normally challenged in a motion to strike, Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989), the plaintiff's motion for default for failure to disclose a defense also constitutes a challenge to said defense's legal sufficiency.

1992While legal sufficiency is normally challenged in a motion to strike, Ferryman v. Groton, 212 Conn. 138 , 142 , 561 A.2d 432 (1989), the plaintiff's motion for default for failure to disclose a defense also constitutes a challenge to said defense's legal sufficiency.

11992–1992

Where else courts name it

CT 5 (1991–2002) NY 2 (2011–2016)

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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