158 Conn.App. 176
Conn. App. Ct.2015Background
- Employee terminated in 2009; severance agreement Feb 2, 2010 to release all claims; WC commissioner had not approved the agreement as required by statute.
- Commissioner later found the agreement not approved and not a full final stipulation; board affirmed; appellate review followed.
- Plaintiff sued in Superior Court asserting theft, fraud, unjust enrichment, and conversion based on defendant’s admission he never intended to release WC claim.
- Defendant counterclaimed under § 31-290a alleging retaliatory workers’ compensation action by plaintiff; seeks damages and fees.
- Trial court granted summary judgment that the counterclaim was premature because underlying action had not concluded; appellate court affirms.
- Court discusses § 31-290a’s purpose and analyzes vexatious litigation and abuse of process as potential bases for a counterclaim under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 31-290a retaliation claim can be brought as a counterclaim before underlying action ends. | MacDermid argued counterclaim premature until underlying litigation concludes. | Leonetti argued counterclaim may proceed concurrently. | Counterclaim prematurity upheld; must wait for underlying action to conclude. |
| Whether § 31-290a claims premised on litigation misconduct are viable as counterclaims in the same action. | MacDermid contends misuses of process may be raised later. | Leonetti contends not barred by immunity doctrine. | Plaintiff’s counterclaim premised on litigation misconduct barred until underlying action ends. |
Key Cases Cited
- Bernhard-Thomas Building Systems, LLC v. Dunican, 286 Conn. 548 (2008) (vexatious litigation; malice not required for statute)
- Somers v. Chan, 110 Conn. App. 511 (2008) (prematurity of vexatious litigation counterclaim)
- Blake v. Levy, 191 Conn. 257 (1983) (favorable termination requirement for vexatious litigation)
- Larobina v. McDonald, 274 Conn. 394 (2005) (abuse of process premature until underlying action concludes)
- Mozzochi v. Beck, 204 Conn. 490 (1987) (abuse of process; improper use of legal process)
- MacDermid, Inc. v. Leonetti, 310 Conn. 616 (2013) (context of § 31-290a; retaliation and litigation misconduct)