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Goldberg Segalla’s Robert J. Chomiak, Jr. Files Amicus Brief on CUTPA Interpretation July 27, 2018

Robert J. Chomiak, Jr., a partner in Goldberg Segalla’s Hartford, Connecticut office, and Oliver E. Twaddell, an associate in New York City, have written and filed an amicus brief for the Connecticut Supreme Court regarding the future interpretation and scope of the Connecticut Unfair Trade Practices Act.

Rob and Oliver's brief, on behalf of the Connecticut Defense Lawyers Association, is one of 13 briefs filed on behalf of 19 organizations with a stake in the outcome of the anticipated trial between plaintiffs involved in the 2012 Sandy Hook shooting and defendants Remington and Bushmaster, two leading gun manufacturers.

According to an article in Connecticut Law Tribune, the Association’s concern is that the case pending in the Connecticut Supreme Court could expand the reach of CUTPA, exposing commercial defendants to liability neither expressly stated in the legislation nor contemplated by its legislators. The Association’s application to file the brief spoke “in support of the trial court’s interpretation of CUTPA standing and in opposition to the trial court’s interpretation of whether wrongful death damages are recoverable under CUTPA.” The Association seeks clarification as to “whether persons who are not in a consumer, competitor or other business relationship with a defendant have standing to bring a CUTPA action,” the application states.

From the application:

The CDLA believes that a ruling favoring Plaintiffs-Appellants on these important issues will significantly expand the categories of persons that will have standing to bring CUTPA actions, making a CUTPA action and its remedies available to any plaintiff suing a business in Connecticut. This will carry the potential of exposing commercial defendants in Connecticut to new and expansive liability that is not contemplated by CUTPA. As the voice of the Connecticut’s civil defense trial lawyers, the CDLA believes it is important that it be afforded the opportunity to speak on these CUTPA standing and damages issues raised on appeal.

Rob sits on the Association’s Executive Board and Board of Directors, served as President from 2014–15, and was Chairman of the Board from 2015­–16. Rob is also a member of the Defense Research Institute (DRI), and serves as the Institute’s Connecticut State Representative, as well as its Construction and Product Liability Committees.

Read the article here:

Amicus Groups Try to Sway Conn. Supreme Court in Sandy Hook Hearing,” Connecticut Law Tribune, July 27, 2017 (login required)