A Brief Review
A Connecticut Appellate Law Blog
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Category: Issue preservation
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The Connecticut Appellate Court’s recent decision in Hope v. Willimantic Partners, LLC addresses several recurring issues in premises liability litigation. The case arose from a serious fall in a commercial parking lot and resulted in a substantial jury verdict for the plaintiffs—one that the Appellate Court affirmed in full. For plaintiff-side trial attorneys, Hope is not about a new rule of law. Instead, it offers
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Preserving issues for appeal in Connecticut starts long before you file an appeal; it begins with how you litigate in the trial court. Whether you are anticipating a future appeal or defending against one, the way you frame legal arguments and build the trial record shapes what ultimately is reviewable on appeal. Here are three
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Appellate courts in Connecticut generally will not review a claim unless “it was distinctly raised at the trial or arose subsequent to the trial.” This longstanding rule—codified in Connecticut Practice Book § 60-5—encourages litigants to raise concerns during trial to give the trial judge an opportunity to address them in real time and minimize appeals
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Unpreserved issues often are unreviewable on appeal. If an issue is not distinctly raised at trial and ruled on by the trial court, an Appellate Court will not review it—absent limited exceptions. This is why issue preservation should be a component of your trial strategy. In a high-stakes trial, it is easy to focus entirely