Advance Release Opinions – November 14

Connecticut Supreme Court

The Supreme Court advance released a single opinion, which deals with breach of contract.

CCT Communications, Inc. v. Zone Telecom, Inc. – This opinion results from something that I don’t recall ever happening before (though I know it must have): The Supreme Court granted reargument and effectively reversed itself. Plaintiff’s claim and defendant’s counterclaim each asserted that the other breached the contract. The trial court found that it was plaintiff who breached. But the trial court’s decision was unclear as to whether plaintiff breached by filing for bankruptcy, which seemed to be the trial court’s conclusion, or that plaintiff breached by providing inadequate service, which defendant cited as an alternate ground for affirmance. On the first go ’round, after oral argument the Supreme Court ordered the trial court to articulate. After the articulation, the Supreme Court affirmed, its original opinion accepting the alternate ground for affirmance. On reargument, the Supreme Court reversed the trial court, finding that the record did not support the alternative ground for affirmance and that plaintiff’s bankruptcy filing was not a breach.