AC44098 - Medical Device Solutions, LLC v. Aferzon (Breach of Contract; CUTPA; "The defendants claim
that the trial court improperly concluded (1) that the parties entered into a
definite and enforceable contract to make the subject payments in exchange for the
plaintiff's work, (2) that payments received by the defendants for the sale and/or
licensing of an anterior spinal fusion device known as the Solus, which was
based on a design patented by the individual defendant after his alleged contract
with the plaintiff had been entered into, were covered by the contract, (3) that
all statutes of limitations applicable to the plaintiff's claims for relief in
this case were tolled under the fraudulent concealment doctrine and/or the continuing
course of conduct doctrine, and (4) that the plaintiff was entitled to recover
attorney's fees from the defendants under CUTPA based upon the defendants' bad
faith breaches of the parties' alleged contract. The plaintiff cross appeals
from the trial court's judgment awarding it offer of compromise interest on its
judgment against the defendants, arguing that the court improperly calculated
the amount of such interest to which it was entitled. On the defendants'
appeal, we affirm in part and reverse in part the judgment of the trial court. On
the plaintiff's cross appeal, we reverse the judgment of the trial court and
remand the case for further proceedings with instructions to recalculate the amount
of offer of compromise interest to which the plaintiff is entitled in
accordance with this opinion.")