McCarter & English, LLP v. Jarrow Formulas, Inc.

Citations

• 351 Conn. 186

Syllabus

The plaintiff law firm sought to recover from the defendant, a former client, for, inter alia, breach of contract in federal court. The United States District Court for the District of Connecticut certified to this court a question of law concerning whether a law firm can recover common-law punitive dam- ages from a former client for his or her wilful and malicious breach of an agreement to compensate the law firm for legal services. Held: The listing of justices reflects their seniority status on this court as of the date of oral argument. 351 Conn. 186 FEBRUARY, 2025 187 McCarter & English, LLP v. Jarrow Formulas, Inc. This court concluded that, in Connecticut, a law firm may not recover common-law punitive damages for its client's breach of contract unless it pleads and proves the existence of an independent tort for which punitive damages may be recoverable. Connecticut appellate courts have followed the general rule that punitive damages are not ordinarily recoverable for a breach of contract claim, and the Appellate Court has allowed punitive damages in connection with such claims only in the insurance and surety contexts. After consideration of the applicable Restatements of Contracts and Torts, and the case law of other jurisdictions, this court concluded that the majority rule, which permits the recovery of punitive damages for breach of contract only when the conduct causing the breach is also a tort for which punitive damages are recoverable, strikes the appropriate balance among the compet- ing policy interests and is strongly supported by the different purposes for which breach of contract damages and punitive damages are awarded. This court declined to adopt a rule proposed by the plaintiff and the amicus curiae that would have broadly permitted the recovery of common-law punitive damages when the conduct causing the breach of contract was wilful, malicious, or reckless, regardless of whether the conduct constituted an independent tort, the court havin