Conn. Courts Should Not Follow Comind

Law360, New York ( July 13, 2015, 10:23 AM EDT) -- Over two years have passed since the Connecticut District Court denied, in part, a motion for summary judgment in Associated Electric Gas Insurance Services, et al. v. Babcock & Wilcox Power Generation Group Inc. Case No. 3:11-cv-00715-JCH and business should still be concerned with the potential implications of the court's decision. Although the court's ruling effectively trimmed the plaintiffs' claims by over $10 million, the ruling is still troubling to the extent that it impacts the ability of sophisticated companies to conduct business in Connecticut. In particular, in Associated Electric the court ruled that commercial entities cannot, in any way, contract to impair a strict liability claim brought pursuant to the Connecticut Product Liability Act, Connecticut General Statute § 52-572m et seq. (CPLA). This article discusses why such a hard and fast rule is inconsistent with Connecticut law, the law of other jurisdictions and good policy....

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