The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Tort Law Supreme Court Opinion

by Agati, Taryn


SC20777 - Deutsche Bank AG v. Vik ("The plaintiff, Deutsche Bank AG, has spent the last decade attempting to collect from a nonparty, Sebastian Holdings, Inc. (SHI), an approximately $243 million foreign judgment (English judgment) resulting from an unpaid margin call in 2008. In Deutsche Bank AG v. Sebastian Holdings, Inc., 346 Conn. 564, 294 A.3d 1 (2023), the plaintiff unsuccessfully sought to pierce SHI's corporate veil and to hold the defendant Alexander Vik (Alexander) jointly and severally liable with SHI for the English judgment. Id., 568–69. While that case was pending in the trial court, the plaintiff commenced the present action against Alexander and his daughter, the defendant Caroline Vik (Caroline), alleging tortious interference with business expectancy and violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., on the basis of the defendants' alleged efforts to interfere with the order of a Norwegian courtrequiring the sale of SHI's shares in a Norwegian software company in partial satisfaction of SHI's debt to the plaintiff. The defendants moved to dismiss the action, arguing that it was barred by the litigation privilege. The trial court denied the motion, and the defendants appealed to the Appellate Court, which reversed the trial court's decision and directed the trial court to dismiss the plaintiff's complaint in its entirety. See Deutsche Bank AG v. Vik, 214 Conn. App. 487, 511, 281 A.3d 12 (2022). We granted the plaintiff's petition for certification to appeal, limited to the issue of whether the Appellate Court correctly determined that the plaintiff's complaint was barred by the litigation privilege. See Deutsche Bank AG v. Vik, 345 Conn. 964, 964–65, 285 A.3d 388 (2022). During oral argument before this court, the defendants argued that this case was rendered moot by our decision in Deutsche Bank AG v. Sebastian Holdings, Inc., supra, 346 Conn. 564, which we issued after the parties had filed their briefs in this case. We conclude that the case is not moot and that the plaintiff's complaint is not barred by the litigation privilege. Accordingly, we reverse the judgment of the Appellate Court.")