Jacobs v. Fazzano’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A petition for a new trial under § 52-270 is a proceeding essentially equitable in nature. . . . It is authorized, and its scope is limited, by the terms of the statute . . . The salutary purpose of the statute is that if a party has a meritorious defense and has been deprived of reasonable opportunity to present it, he ought to be permitted to make it upon another trial . . . General Statutes § 52-270 sets forth the limited circumstances in which a new trial will be granted. The petitioner [for a new trial] has the burden of proving by a preponderance of the evidence that he is entitled to a new trial on the CT Page 11266 grounds claimed . . . A petition for a new trial [under § 52-270 ] is addressed to the discretion of the trial court and will never be granted except upon substantial grounds . . . Although General Statutes § 52-270 permits the court to grant a new trial upon proof of reasonable cause, the circumstances in which reasonable cause may be found are limited . . . The basic test of reasonable cause is whether a litigant, despite the exercise of due diligence , has been deprived of a fair opportunity to have a case heard on appeal. . . . A new trial may be granted to prevent injustice in cases where the usual remedy by appeal does not lie or where, if there is an adequate remedy by appeal, the party has been prevented from pursuing it by fraud, mistake or accident.”

   1 later decision quote this exact passage
   e.g. 2001 Conn. Super. Ct. 11263 - Strol v. Strol, No. Cv 99-0080511 (Aug. 21, 2001)

2. “The Superior Court may grant a new trial of any action that may come before it, for mispleading, the discovery of new evidence or want of actual notice of the action to any defendant or of a reasonable opportunity to appear and defend, when a just defense in whole or part existed, or the want of actual notice to any plaintiff of the entry of a nonsuit for failure to appear at trial or dismissal for failure to prosecute with reasonable diligence, or for other reasonable cause, according to the usual rules in such cases. The judges of the Superior Court may in addition provide by rule for the granting of new trials upon prompt request in cases where the parties or their counsel have not adequately protected their rights during the original trial of an action.”

   1 later decision quote this exact passage
   e.g. 2001 Conn. Super. Ct. 11263 - Strol v. Strol, No. Cv 99-0080511 (Aug. 21, 2001)

3. “The statute does not furnish a substitute for, nor an alternative to, an ordinary appeal, but applies only `when no other remedy is adequate' and when in equity and good conscience relief against a judgment should be granted . . . Necessarily, the statute is applicable only when the error or injustice is of such a type that it can be corrected by the remedy of a new trial.”

   1 later decision quote this exact passage
   e.g. 2001 Conn. Super. Ct. 11263 - Strol v. Strol, No. Cv 99-0080511 (Aug. 21, 2001)