Justia Arbitration & Mediation Opinion SummariesArticles Posted in Connecticut Supreme Court
Klass v. Liberty Mutual Insurance Co.
The Supreme Court affirmed the judgment of the trial court granting Insured's application to compel appraisal with regard to a dispute as to the extent of Insurer's replacement obligation under Con. Gen. Stat. 38a-316e(a) (matching statute), holding that there was no error.At issue was whether a dispute as to the extent of an insurer's obligation under the matching statute to replace items or items in a covered loss for real property with "material of like kind and quality so as to conform to a reasonably uniform appearance" was a question properly relegated to the appraisal arbitral process or a question of coverage to be resolved by the court in the first instance. The trial court granted Insured's application to compel arbitration in this case. The Supreme Court affirmed, holding that the parties' dispute fell within the scope of the insurance policy's appraisal clause. View "Klass v. Liberty Mutual Insurance Co." on Justia Law
Larmel v. Metro North Commuter Railroad Co.
The Supreme Court affirmed the judgment of the appellate court remanding this case to the trial court with direction to render judgment in favor of Defendant on Plaintiff's negligence claim that had previously been the subject of mandatory arbitration in a prior civil action, holding that the appellate court's decision was not in error.Plaintiff brought a personal injury action against Defendant in 2015. Before trial, the parties attended arbitration, and the arbitration found in favor of Defendant. The trial court entered judgment in accordance with the arbitrator's decision. Plaintiff then brought the instant action repeating the allegations of negligence in the first action. The trial court granted Defendant's motion to dismiss on the basis of res judicata. The appellate court affirmed on different grounds, concluding that action was not viable because the action had been tried on its merits by the arbitrator and had resulted in a judgment in favor of Defendant. The Supreme Court affirmed, holding that appellate court did not err. View "Larmel v. Metro North Commuter Railroad Co." on Justia Law
A Better Way Wholesale Autos, Inc. v. Saint Paul
The Supreme Court affirmed the judgment of the appellate court affirming the judgment of the superior court dismissing as untimely Plaintiff's application to vacate an arbitration award, holding that the thirty-day limitation period set forth in Conn. Gen. Stat. 52-420(b) applied to Plaintiff's application to vacate.The trial court concluded that Plaintiff's application to vacate an arbitration award rendered in favor of Defendants was untimely under section 52-420(b) because the application was filed more than thirty days after Plaintiff received notice of the arbitration award. The appellate court affirmed. On appeal, Plaintiff argued that the appellate court erred in concluding that its application to vacate the arbitration award was governed by section 52-420(b), in contravention of a private agreement between the parties. The Supreme Court affirmed, holding that the trial court properly held that section 52-420(b) applied to Plaintiff's application to vacate. View "A Better Way Wholesale Autos, Inc. v. Saint Paul" on Justia Law
Brass City Local, CACP v. City of Waterbury
The Supreme Court affirmed the judgment of the trial court granting the City of Waterbury's motion to dismiss this action seeking to have the trial court confirm an interest arbitration award, holding that the trial court correctly determined that it lacked subject matter jurisdiction to confirm the award under Conn. Gen. Stat. 52-417.Brass City Local, CACP (the union), a collective bargaining unit that represented employees of the Waterbury Police Department, brought this action seeking confirmation of an arbitration award issued in accordance with the provisions of Conn. Gen. Stat. 7-473c of the Municipal Employees Relations Act (MERA). The trial court granted the City's motion to dismiss, concluding that the court lacked subject matter jurisdiction to consider the union's application to confirm. The Supreme Court affirmed, holding that the trial court correctly determined that it lacked jurisdiction under section 52-417 to confirm an interest arbitration award issued pursuant to section 7-473c. View "Brass City Local, CACP v. City of Waterbury" on Justia Law
Blondeau v. Baltierra
The Supreme Court reversed in part the judgment of the trial court granting Plaintiff's motion to vacate an arbitration award and denying Defendant's corresponding application to confirm the award, holding that the arbitrator did not exceed her authority or manifestly disregard the law, but the inclusion of issues related to child support in the award was improper.Before the parties were married they executed a premarital agreement. Years later, Plaintiff brought this action to dissolve the marriage, and the parties executed a binding agreement to arbitrate the dissolution action. At issue was the validity of the arbitrator's award dividing the equity in the parties' marital home and assigning responsibility for certain expenses related to child support. The trial court granted Plaintiff's motion to vacate the portion of the arbitration award. The Supreme Court reversed in part, holding (1) the trial court erred in ruling that the arbitrator's award exceed the scope of the parties' submission; (2) any error in distributing the equity in the marital home would not permit a court to vacate the arbitration award; and (3) because Connecticut law prohibits the inclusion of issues related to child support in arbitration awards, this portion of the award is reversed. View "Blondeau v. Baltierra" on Justia Law
Girolametti v. Michael Horton Associates, Inc.
In this construction dispute between a property owner and a general contractor the Supreme Court affirmed the judgment of the appellate court that, in the absence of clear evidence of contrary intent by the parties, subcontractors are presumptively in privity with the general contractor for purposes of res judicata as to the subcontractors' claims that did not participate in arbitration.These appeals arose from disputes regarding the construction of a store expansion. Plaintiffs, the store owners, and the general contractor, pursuant to a contract between them, entered arbitration to resolve various disputes regarding the project. None of the five subcontractors (Defendants) were formally a party to the arbitration. The arbitrator issued an award ordering Plaintiffs to pay the general contractor $508,597 for sums due. Plaintiffs subsequently filed suit seeking to recover from Defendants. Defendants moved for summary judgment based on res judicata. The trial court denied the motions on the grounds that Defendants were not parties to the arbitration and were not in privity with the general contractor. The appellate court reversed. The Supreme Court affirmed, holding that Defendants were in privity with the general contractor for purposes of res judicata and that Plaintiffs' claims were barred because they could have been raising during the arbitration. View "Girolametti v. Michael Horton Associates, Inc." on Justia Law
Board of Education of Town of New Milford v. New Milford Education Ass’n
In this dispute between the Board of Education of the Town of New Milford (Board) and the New Milford Education Association (Union) the Supreme Court affirmed the judgment of the trial court denying the Board's application to vacate a grievance arbitration award and granting the Union's application to confirm the grievance arbitration award, holding that the arbitrator did not manifestly disregard the law and properly concluded that the Union's grievance was arbitrable.The Union, which represented the teachers employed by the Board, filed a grievance alleging that the Board had violated an agreement between the parties. The arbitrator decided the grievance in the Union's favor. The trial court denied the Board's application to vacate the grievance arbitration award and granted the Union's application to confirm the award. The Supreme Court affirmed, holding that the trial court (1) correctly denied the Board's application to vacate the grievance arbitration award on the grounds that the arbitrator manifestly disregarded the law by concluding that the doctrines of collateral estoppel and res judicata did not apply to bar the Union's grievance; and (2) the trial court properly concluded that the Union's grievance was arbitrable under the terms of the agreement. View "Board of Education of Town of New Milford v. New Milford Education Ass'n" on Justia Law
Kellogg v. Middlesex Mutual Assurance Co.
The Supreme Court reversed the judgment of the trial court vacating an arbitration award setting the amount of an insured loss caused by a tree falling on the insured home.After her property suffered a casualty loss, Plaintiff filed a claim under the policy insuring her property. The parties’ adjusters were unable to agree on the amount of the loss, and Plaintiff invoked the policy’s appraisal provision., which provided that the award was not conditioned on judicial review. After the appraisal panel issued its arbitration award Plaintiff filed an application with the superior court seeking to vacate the award. The trial court granted the application to vacate on the grounds that it violated Conn. Gen. Stat. 52-418. The Supreme Court held that the trial court improperly vacated the arbitration award because the arbitrators did not violate section 52-418. View "Kellogg v. Middlesex Mutual Assurance Co." on Justia Law
Spiotti v. Wolcott
Genovese v. Gallo Wine Merchants, Inc., 628 A.2d 946 (Conn. 1993), which held that, under Con. Gen. Stat. 31-51bb, a factual determination made in a final and binding arbitration conducted pursuant to a collective bargaining agreement does not have a preclusive effect in a subsequent action claiming a constitutional or statutory violation, is still good law.Plaintiff brought the present action alleging that her termination was in retaliation for bringing a previous action against Defendant alleging sex discrimination and for engaging in protected speech. Defendant filed a motion for summary judgment, arguing that Plaintiff’s claims were barred by the doctrine of collateral estoppel because the factual underpinnings of the claims had been decided against her by the board of mediation in arbitration proceedings. The trial court denied the motion, citing Genovese. Defendant appealed. The Supreme Court affirmed, thus declining Defendant’s invitation to overrule Genovese. View "Spiotti v. Wolcott" on Justia Law
Norwalk Police Union, Local 1727 v. City of Norwalk
A police union and the City of Norwalk were parties to a collective bargaining agreement (CBA) governing the terms and conditions of employment for certain city police officers. The CBA provided that disputes over its interpretation will be resolved through arbitration. The Board of Police Commissioners determined that Stephen Couture, a police sergeant employed by the Norwalk Police Department, had violated departmental rules and that his employment should be terminated. Couture ultimately initiated an arbitration proceeding with the State Board of Mediation and Arbitration, and a majority of the arbitration board found that Couture had been terminated for just cause. The trial court vacated the arbitration award on the ground that the City had disciplined Couture twice for the same misconduct in manifest disregard of the law. The Supreme Court reversed, holding that the arbitration board’s decision was not in manifest disregard of the law, and therefore, the trial court improperly vacated the award of the arbitration board. View "Norwalk Police Union, Local 1727 v. City of Norwalk" on Justia Law