Gentile v. Altermatt

130 Citing cases

  1. Binette v. Sabo

    244 Conn. 23 (Conn. 1998)   Cited 229 times
    Holding that only private cause of action under article first, § 7 is a Bivens-like claim

    Our analysis is more narrow. We simply conclude that, contrary to the assumption of both the plaintiffs and the amicus, neither Gentile v. Altermatt, 169 Conn. 267, 363 A.2d 1 (1975), appeal dismissed, 423 U.S. 1041, 96 S.Ct. 763, 46 L.Ed.2d 631 (1976), nor Kelley Property Development, Inc., properly understood, establishes or necessarily implies that proposition, and that neither the plaintiffs nor the amicus has offered an analysis — beyond their shared assumption — to establish it. Thus, we leave the question of the validity of the proposition to a case in which it is fully analyzed, rather than merely assumed.

  2. Moore v. Ganim

    233 Conn. 557 (Conn. 1995)   Cited 107 times
    Addressing claim of unenumerated state constitutional obligation to provide subsistence benefits to needy citizens

    We generally have held that article first, § 10, prohibits the legislature from abolishing or significantly limiting common law and certain statutory rights that were redressable in court as of 1818, when the constitution was first adopted, and which were "incorporated in that provision by virtue of being established by law as rights the breach of which precipitates a recognized injury . . . ." Gentile v. Altermatt, 169 Conn. 267, 286, 363 A.2d 1 (1975), appeal dismissed, 423 U.S. 1041, 96 S.Ct. 763, 46 L.Ed.2d 631 (1976) (right to recover for injuries suffered in automobile accident rooted in common law action of trespass on the case);Daily v. New Britain Machine Co., 200 Conn. 562, 585, 512 A.2d 893 (1986) (right of action at common law to recover for injuries suffered as result of defective product). Common law rights that emerged after 1818 "'may be changed at the will, or even at the whim, of the legislature, unless prevented by [other] constitutional limitations. . . .'" Gentile v. Altermatt, supra, 283.

  3. Shavers v. Attorney General

    402 Mich. 554 (Mich. 1978)   Cited 409 times
    Holding that "[i]n choosing to make no-fault insurance compulsory for all motorists, the Legislature has made the registration and operation of a motor vehicle inexorably dependent on whether no-fault insurance is available at fair and equitable rates"

    This Court also holds that the Michigan Legislature has authority under its police power to compel the purchase of no-fault insurance. Gentile v Altermatt, 169 Conn. 267; 363 A.2d 1 (1975), appeal dismissed 423 U.S. 1041 (1976); Montgomery v Daniels, 38 N.Y.2d 41; 340 N.E.2d 444 (1975); Singer v Shepperd, 464 Pa. 387; 346 A.2d 897 (1975); Lasky v State Farm Ins Co, 296 So.2d 9 (Fla, 1974); Manzanares v Bell, 214 Kan. 589; 522 P.2d 1291 (1974); Opinion of the Justices May 14, 1973, 113 N.H. 205; 304 A.2d 881 (1973); Grace v Howlett, 51 Ill.2d 478; 283 N.E.2d 474 (1972); and Pinnick v Cleary, 360 Mass. 1; 271 N.E.2d 592 (1971). See, also, Rybeck v Rybeck, 141 N.J. Super. 481; 358 A.2d 828 (1976), appeal dismissed per curiam as moot, 150 N.J. Super. 151; 375 A.2d 269 (1976), and Andrew v State, 238 Ga. 433; 233 S.E.2d 209 (1977).

  4. Koskoff, Koskoff Bieder v. Allstate Ins. Co.

    187 Conn. 451 (Conn. 1982)   Cited 10 times
    Holding that amendment affecting insurance company's lien recovery amount was substantive rather than procedural

    Accordingly, we will consider the questions reserved. See General Statutes 52-235; Practice Book 390, 3133; Cavalli v. McMahon, 174 Conn. 212, 215, 384 A.2d 374 (1978); Gentile v. Altermatt, 169 Conn. 267, 271, 363 A.2d 1 (1975), appeal dismissed, 423 U.S. 1041, 96 S.Ct. 763, 46 L.Ed.2d 631 (1976); Bronson v. Thompson, 77 Conn. 214, 219, 58 A. 692 (1904). The first question reserved is: "Does Section 38-325 of the Connecticut General Statutes entitle the Defendant to full reimbursement of the entire amount of the basic reparations benefits paid to insureds who settled their claims against third parties?

  5. Montgomery v. Daniels

    38 N.Y.2d 41 (N.Y. 1975)   Cited 380 times
    Finding the statute to be constitutional

    In the following cases, in what must be recognized as at least partially distinguishable legal contexts, the legislation was sustained in its entirety: Pinnick v Cleary, 360 Mass. 1; Opinion of The Justices, 113 N.H. 205; Manzanares v Bell, 214 Kan. 589; Singer v Sheppard, 346 A.2d 897 (Pa, 1975); Fann v McGuffy, 534 S.W.2d 770 (Ky, 1975); Gentile v Altermatt, ___ Conn ___ (Aug. 5, 1975). In Lasky v State Farm Ins. Co. ( 296 So 2d 9 [Fla, 1974]), the Supreme Court of Florida, while finding portions of the no-fault statute before it unconstitutional, severed such portions and found the bulk of the statute constitutional.

  6. Falco v. Institute of Living

    50 Conn. App. 654 (Conn. App. Ct. 1998)   Cited 9 times

    "[A]ll rights derived by statute and the common law extant at the time of the adoption of article first, § 10, [of the Connecticut constitution of 1818] are incorporated in that provision by virtue of being established by law as rights the breach of which precipitates a recognized injury. . . ." Gentile v. Altermatt, 169 Conn. 267, 286, 363 A.2d 1 (1975), appeal dismissed, 423 U.S. 1041, 96 S.Ct. 763, 46 L.Ed.2d 631 (1976). These rights are referred to as "constitutionally incorporated common-law right[s]."

  7. Daily v. New Britain Machine Co.

    200 Conn. 562 (Conn. 1986)   Cited 367 times
    Holding that although the right to bring action for defective products existed in 1818, § 52-577a is not unconstitutional because the legislature provided a "reasonable alternative" to workers who have product liability claims through workers' compensation laws

    "[T]his court, in matters of significant public moment where the public interest would best be served by a dispersal of all constitutional clouds over the act in question, will exercise that discretion and decide all closely related issues." Gentile v. Altermatt, 169 Conn. 267, 281, 363 A.2d 1 (1975); Heiberger v. Clark, 148 Conn. 177, 184, 169 A.2d 652 (1961); West v. Egan, 142 Conn. 437, 441, 115 A.2d 322 (1955); Ruppert v. Liquor Control Commission, 138 Conn. 669, 673, 88 A.2d 388 (1952). A

  8. Shelby Mutual Ins. Co. v. Della Ghelfa

    3 Conn. App. 432 (Conn. App. Ct. 1985)   Cited 49 times
    In Shelby Mutual Ins. Co. v. Della Ghelfa, 3 Conn. App. 432, 489 A.2d 398 (1985), aff'd, 200 Conn. 630, 513 A.2d 52 (1986), this court held that, for the purposes of General Statutes 38-325 (b), the statutory reference to "basic reparations" means all reparations benefits, both basic and added.

    The social problems leading to the act and its approach to the solutions of those problems have been previously outlined and need not be repeated here. See Gentile v. Altermatt, 169 Conn. 267, 363 A.2d 1 (1975), appeal dismissed, 423 U.S. 1041, 96 S.Ct. 763, 46 L.Ed.2d 631 (1976); Hartford Accident Indemnity Co. v. Holder, 37 Conn. Sup. 723, 436 A.2d 308 (1981). Contained within the act, however, was what is now 38-330.

  9. Hartford Accident Indemnity Co. v. Holder

    37 Conn. Supp. 723 (Conn. App. Ct. 1981)   Cited 10 times

    Carroll v. Schwartz, 127 Conn. 126, 130, 14 A.2d 754 (1940) . . . . The constitutional issue is whether legislative classifications or discriminations bear "a rational relationship to a legitimate state end and [are] based on reasons related to the pursuit of that goal." Gentile v. Altermatt, 169 Conn. 267, 295, 363 A.2d 1, appeal dismissed, 423 U.S. 1041, 96 S.Ct. 763, 46 L.Ed.2d 631 (1976).' Caldor's, Inc. v. Bedding Barn, Inc., [ 177 Conn. 304, 314-15, 417 A.2d 343 (1979)]. . . . A classification is allowable if it bears a reasonable relationship to a legitimate purpose of governmental action.

  10. Doe v. Hartford Roman Catholic Diocesan Corp.

    317 Conn. 357 (Conn. 2015)   Cited 146 times
    Concluding that " ‘without ... delay’ " language in article first, § 10, was ambiguous as to whether undue delay in administration of justice is unconstitutional

    See, e.g., Pellegrino v. O'Neill, 193 Conn. 670, 684–85, 480 A.2d 476 (1984) (plurality opinion). This court's decision in Gentile v. Altermatt, 169 Conn. 267, 363 A.2d 1 (1975), which the defendant relies upon, does not dictate a contrary result. In Gentile, this court held that the 1818 adoption of article first, § 10, of the Connecticut constitution “recognized all existing rights and removed from the power of the legislature the authority to abolish those rights in their entirety.