Firm News

Wiggin and Dana’s Robert M. Langer, a senior counsel in the firm’s Hartford office and co-chair of the firm’s Antitrust and Technology Disputes Practice Group, and New Haven Partner, Kim E. Rinehart, chair of the firm’s Class Action Defense Practice Group, have co-authored the 2023-2024 Edition of “Connecticut Unfair Trade Practices, Business Torts and Antitrust,” Vol. 12 of the Connecticut Practice Series, just released via Westlaw by publisher Thomson Reuters. 

Over the years, the scope of the book has been expanded to include an extensive treatment of business torts and the Connecticut Antitrust Act. The authors have sought to provide some insight into the relationship between CUTPA, the Federal Trade Commission Act and the unfair trade practice acts of other states. They have also made available a number of practical aids, including a model complaint, model jury instructions, a list of state statutes referencing CUTPA and charts listing the analogous statutes in each state, as well as key components of each such statute, including how each state interprets unfairness and deception.

• The 2023-2024 edition, which is almost 2000 pages in length, highlights several important recent developments, including:
• Two Connecticut Appellate Court opinions that further elucidate the circumstances when conduct by municipal officials (Parnoff) and quasi-public state agencies (Tremont Public Advisors) is deemed immune under CUTPA’s regulatory authority exemption, Conn. Gen. Stat. § 42-110c(a)(1). [See § 3.8]
• An important recent development in the NEMS litigation regarding the circumstances when a claim against an insurer not premised expressly upon a Connecticut Unfair Insurance Practices Act (“CUIPA”) claim may be cognizable as a CUTPA claim. [See § 3.13]
• A Connecticut Appellate Court opinion (Pointe Residential Builders BH) which holds that a misrepresentation in the course of contract performance can also be a basis for finding a CUTPA violation. [See § 4.3]
• The passage of a new public act, P.A. 23-62, immunizing tire stewardship organizations from liability under CUTPA and the Connecticut Antitrust Act to the extent that such organizations exercise authority pursuant to the public act. [See § 5.1 and § 9.3]
• An amendment, P.A. 23-98, to the investigatory authority of the Commissioner of Consumer Protection pursuant to Conn. Gen. Stat. § 42-110d(c) regarding the confidential treatment of information provided to the Commissioner. [See App. A]
• The passage of new Connecticut public acts regarding online privacy, data and safety protections, telecommunications providers, erasure of criminal history records, and liquor permitting false statements, each of which expressly provide that a violation of said laws constitutes a violation of CUTPA. [See App. E]
• An amendment, P.A. 23-98, to the investigatory authority of the Attorney General pursuant to Conn. Gen. Stat. § 35-42(c)(1) and Conn. Gen. Stat. § 35-42(c)(2) authorizing the erasure of documentary material provided to the Attorney General in an electronic format upon the termination of the investigation or the final determination of any action or proceeding commenced under the Connecticut Antitrust Act. [See App. N]

Mr. Langer co-authored the original treatise in 1994. Co-authors are the late David L. Belt, past member of Hurwitz, Sagarin, Slossberg & Knuff LLC, and Quinnipiac University School of Law Professor Emeritus, John T. Morgan.

Contributing authors are David A. Slossberg, named partner at Hurwitz, Sagarin, Slossberg & Knuff LLC, and Daniel P. Belfield, Vice President, Legal and Compliance, AmeriCU Credit Union.

Mr. Langer and Ms. Rinehart extend their gratitude to their Wiggin and Dana colleagues, Ana Oman, Douglas Apicella and Lisa Weeden for their invaluable assistance.