Kevin Brown, M.D. v. Yale-New Haven Health Services et al. (2010)

MEMORANDUM OF DECISION RE MOTION TO STRIKE (# 125.00) AND OBJECTION (# 126.00)

This case comes to this court as a motion to strike.   The court sustains the objection to the motion to strike.   Count Three properly alleges a claim for breach of fiduciary duty.   Counts Four and Five are sufficient as Dr. Brown is not attempting to enforce an agreement that is contrary to public policy.   In Count Five Dr. Brown sufficiently alleged the existence of an agreement between himself and Yale-New Haven Health Services.   In Counts Six, Seven and Eight, sounding in breach of the covenant of good faith and fair dealing, Dr. Brown has sufficiently alleged the existence of an underlying contract, and has alleged facts sufficient to establish that the Defendants acted in bad faith.   In Count Ten, sounding in negligence, Dr. Brown sufficiently alleged the elements of causation and damages.   In Count Eleven Dr. Brown properly alleged claims under CUTPA AND CUIPA, and in Count Twelve he properly alleged a stand-alone CUIPA claim.

The court finds the arguments and the law as stated by the Plaintiff in the Memorandum in Support of the Objection to properly support the court's conclusions.   Accordingly, the objection is sustained and the motion to strike is denied.

So Ordered.

By the Court

Hon. Edward R. Karazin, J.

Judge Trial Referee

Karazin, Edward R., J.T.R.