5 Connecticut opinions name it 1 courts 2005–2024 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.
| Case | Followed | Cited |
|---|---|---|
Oakland Heights Mobile Park, Inc. v. Simongreen2 sentences2013See Cue Associates, LLC v. Cast Iron Associates, LLC, supra, 111 Conn. App. 117 (trial court improperly applied special defense of statute of limitations to plaintiffs claim for trespass); see also Oakland Heights Mobile Park, Inc. v. Simon, 36 Conn. App. 432, 436-37 , 651 A.2d 281 (1994) (“[i]t would be fundamentally unfair to allow any defendant to await the time of trial to introduce an unpleaded defense . . . [and] would result in ‘trial by ambuscade’ to the detriment of the opposing party”). 2013See Cue Associates, LLC v. Cast Iron Associates, LLC, supra, 111 Conn. App. 117 (trial court improperly applied special defense of statute of limitations to plaintiffs claim for trespass); see also Oakland Heights Mobile Park, Inc. v. Simon, 36 Conn. App. 432, 436-37 , 651 A.2d 281 (1994) (“[i]t would be fundamentally unfair to allow any defendant to await the time of trial to introduce an unpleaded defense . . . [and] would result in ‘trial by ambuscade’ to the detriment of the opposing party”). | 1 | 1 |
Web Press Services Corp. v. New London Motors, Inc.green2 sentences2005See Web Press Services Corp. v. New London Motors, Inc., 203 Conn. 342, 349 , 525 A.2d 57 , following remand, 205 Conn. 479 , 533 A.2d 1211 (1987). 2005See Web Press Services Corp. v. New London Motors, Inc., 203 Conn. 342, 349 , 525 A.2d 57 , following remand, 205 Conn. 479 , 533 A.2d 1211 (1987). | 1 | 1 |
Web Press Services Corp. v. New London Motors, Inc.green2 sentences2005See Web Press Services Corp. v. New London Motors, Inc., 203 Conn. 342, 349 , 525 A.2d 57 , following remand, 205 Conn. 479 , 533 A.2d 1211 (1987). 2005See Web Press Services Corp. v. New London Motors, Inc., 203 Conn. 342, 349 , 525 A.2d 57 , following remand, 205 Conn. 479 , 533 A.2d 1211 (1987). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Howard-Arnold, Inc. v. T.N.T. Realty, Inc.
neutral
2 sentences2024Realty, Inc., 145 Conn. App. 696, 712 , 77 A.3d 165 (2013) (‘‘it is improper for a court, sua sponte, to apply an unpleaded special defense to defeat a plain- tiff’s cause of action’’), aff’d, 315 Conn. 596 , 109 A.3d 473 (2015); Oakland Heights Mobile Park, Inc. v. Simon, supra, 36 Conn. App. 436–37 (allowing evidence of unpleaded special defense ‘‘result[s] in ‘trial by ambuscade’ to the detriment of the opposing party’’). 2024Realty, Inc., 145 Conn. App. 696, 712 , 77 A.3d 165 (2013) (‘‘it is improper for a court, sua sponte, to apply an unpleaded special defense to defeat a plain- tiff’s cause of action’’), aff’d, 315 Conn. 596 , 109 A.3d 473 (2015); Oakland Heights Mobile Park, Inc. v. Simon, supra, 36 Conn. App. 436–37 (allowing evidence of unpleaded special defense ‘‘result[s] in ‘trial by ambuscade’ to the detriment of the opposing party’’). | 2 | 2018–2024 |
Jo-Ann Stores, Inc. v. Property Operating Co.
green
2 sentences2024He contends that the reason that the court should not have considered the defense goes directly to a basic sense of fair play embodied in our pleading and discov- ery rules and that the court’s denial of his adverse possession claim based on an unpleaded special defense amounted to a ‘‘trial by ambuscade to the detriment of [him].’’ (Internal quotation marks omitted.) Jo-Ann Stores, Inc. v. Property Operating Co., LLC, 91 Conn. App. 179, 199 , 880 A.2d 945 (2005); see also Howard- Arnold, Inc. v. T.N.T. 2024He contends that the reason that the court should not have considered the defense goes directly to a basic sense of fair play embodied in our pleading and discov- ery rules and that the court’s denial of his adverse possession claim based on an unpleaded special defense amounted to a ‘‘trial by ambuscade to the detriment of [him].’’ (Internal quotation marks omitted.) Jo-Ann Stores, Inc. v. Property Operating Co., LLC, 91 Conn. App. 179, 199 , 880 A.2d 945 (2005); see also Howard- Arnold, Inc. v. T.N.T. | 1 | 2024–2024 |
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.