172 Conn. App. 746 - Papallo v. Lefebvre’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Once a [fiduciary] relationship is found to exist, the burden of proving fair dealing properly shifts to the fiduciary.... Furthermore, the standard of proof for establishing fair dealing is not the ordinary standard of fair preponderance of the evidence, but requires proof either by clear and convincing evidence, clear and satisfactory evidence or clear, convincing and unequivocal evidence.... Proof of a fiduciary relationship, therefore, generally imposes a twofold burden on the fiduciary. First, the burden of proof shifts to the fiduciary; and second, the standard of proof is clear and convincing evidence.”

   1 later decision quote this exact passage
   e.g. 186 Conn. App. 665 - Reinke v. Sing

2. “Courts of equity have original jurisdiction to state and settle accounts, or to compel an accounting, where a fiduciary relationship exists between the parties and the defendant has a duty to render an account.... In an equitable proceeding, the trial court may examine all relevant factors to ensure that complete justice is done ....”

   1 later decision quote this exact passage
   e.g. 181 Conn. App. 111 - Chioffi v. Martin

3. “in cases involving claims of fraud, self-dealing or conflict of interest, a fiduciary bears the burden of proving fair dealing by clear and convincing evidence”

   1 later decision quote this exact passage
   e.g. 186 Conn. App. 665 - Reinke v. Sing