Conn. Gen. Stat. » Title 35 — · Chapter 625 — Uniform Trade Secrets Act
Connecticut General Statutes

Conn. Gen. Stat. § 35-53 (2026)

Damages. Punitive damages for wilful and malicious misappropriation

✓ current as of May 2026
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(a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.

(b) In any action brought pursuant to subsection (a) of this section, if the court finds wilful and malicious misappropriation, the court may award punitive damages in an amount not exceeding twice any award made under subsection (a) and may award reasonable attorney's fees to the prevailing party.

(P.A. 83-344, S. 4.)

Subsec. (b):

Trial court's finding of willful and malicious misappropriation was supported by the record and trial court did not abuse its discretion in awarding punitive damages and attorneys' fees. 251 C. 59. Trial court did not abuse its discretion in awarding $40,000 in punitive damages, inasmuch as award did not exceed twice the amount of the award of compensatory damages. 267 C. 456. Since defendant's attempted takeover of plaintiff employer was not intended to injure the shareholder owners of a trade secret and did not constitute a malicious violation of Uniform Trade Secrets Act, plaintiff was not entitled to punitive damages and attorneys fees. 282 C. 209.

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Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1999–2026 · leading case: Smith v. Snyder, 839 A.2d 589 (Conn. 2004).
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Smith v. Snyder, 839 A.2d 589 (Conn. 2004). · cites it 10× “The punitive damages provision of that act, namely, General Statutes § 35-53 (b), provides: “In any action brought pursuant to subsection (a) of this section, 10 if the court finds wilful and malicious misappropriation, the court may award punitive damages in an amount not…”
Bifolck v. Philip Morris, Inc., 152 A.3d 1183 (Conn. 2016). · cites it 8× “, dissenting) (drawing same distinction and citing General Statutes §§ 35-53 [b] and 52-240b as examples), cert.”
Lydall, Inc. v. Ruschmeyer, 919 A.2d 421 (Conn. 2007). · cites it 8× “Over Ruschmeyer’s objection, the court held a hearing in damages and, following that hearing, awarded Lydall $47,082 in compensatory damages, $94,164 in punitive damages and $551,366 in attorney’s fees pursuant to General Statutes §§ 35-53 (b) 7 and 42-110g (a).”
Elm City Cheese Co. v. Federico, 752 A.2d 1037 (Conn. 1999). · cites it 8× “” In addition to the injunctive relief, the trial court awarded Elm City compensatory damages in the amount of $461,239, and, based upon its finding that the defendants had wilfully and maliciously misappropriated Elm City’s trade secrets, the court awarded Elm City $300,000 in…”
Harty v. Cantor Fitzgerald & Co., 881 A.2d 139 (Conn. 2005). · cites it 4× “…16-8d; General Statutes § 19a-550; General Statutes § 22-351a; General Statutes § 31-51q; General Statutes § 31-290a; General Statutes § 35-53; General Statutes § 42-110g; General Statutes § 46a-98; General Statutes § 47-278; General Statutes § 52-240b. We further note that,…”
News Am. Mktg. In-Store, Inc. v. Marquis, 22 I.E.R. Cas. (BNA) 357 (Conn. App. Ct. 2004). · cites it 5× “In addition, General Statutes § 35-53 (a) provides in relevant part: “In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation.”
Medvalusa Health Programs, Inc. v. Memberworks, Inc., 872 A.2d 423 (Conn. 2005). · cites it 4× “, General Statutes § 35-53 (b) (punitive damage awards limited to amount equal to twice actual loss realized from wilful and malicious misappropriation of trade secrets); General Statutes § 52-240b (in product liability action, punitive damages must “not .”
Evans v. Gen. Motors Corp., 893 A.2d 371 (Conn. 2006). · cites it 5× “General Statutes § 35-53 (b). There is no language in this or any other provision of CUTSA relating to juries or jury trials, or suggesting that there is a statutory right to a jury trial.”
Burns v. Adler, 155 A.3d 1223 (Conn. 2017). · cites it 2× “, General Statutes § 35-53(b) (providing that court "may award reasonable attorney's fees to the prevailing party" in case brought under Uniform Trade Secrets Act for wilful or malicious misappropriation); General Statutes § 42-110g(d) ("In any action brought by a person under…”
On-Line Tech. v. Perkin Elmer Corp., 141 F. Supp. 2d 246 (D. Conn. 2001). · cites it 2× “See Conn.Gen.Stat. § 35-53. But because OLT’s unjust enrichment claim does not allege any ill-gotten gains other than those resulting from the misuse of confidential information, OLT cannot bring a stand alone claim for unjust enrichment.”
Izzarelli v. R.J. Reynolds Tobacco Co., 767 F. Supp. 2d 324 (D. Conn. 2010). · cites it 2× “Conn. Gen.Stat. § 35-53 provides, in part, that "if the court finds willful and malicious misappropriation, the court may award punitive damages in an amount not exceeding twice any award made under subsection (a).”
Dur-A-Flex, Inc. v. Dy, 349 Conn. 513 (Conn. 2024). · cites it 11× “’’ 57 General Statutes § 35-53 (b) provides: ‘‘In any action brought pursuant to subsection (a) of this section, if the court finds wilful and malicious misappropriation, the court may award punitive damages in an amount not exceeding twice any award made under subsection (a)…”
Show all 17 citing cases →
— Conn. Gen. Stat. § 35-53(b) — 3 cases
Bifolck v. Philip Morris, Inc., 152 A.3d 1183 (Conn. 2016). “, dissenting) (drawing same distinction and citing General Statutes §§ 35-53 [b] and 52-240b as examples), cert.”
Medvalusa Health Programs, Inc. v. Memberworks, Inc., 872 A.2d 423 (Conn. 2005). “, General Statutes § 35-53 (b) (punitive damage awards limited to amount equal to twice actual loss realized from wilful and malicious misappropriation of trade secrets); General Statutes § 52-240b (in product liability action, punitive damages must “not .”
Burns v. Adler, 155 A.3d 1223 (Conn. 2017). “, General Statutes § 35-53(b) (providing that court "may award reasonable attorney's fees to the prevailing party" in case brought under Uniform Trade Secrets Act for wilful or malicious misappropriation); General Statutes § 42-110g(d) ("In any action brought by a person under…”
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