Advance Release Opinions – March 29

Review of the Connecticut Appellate Court’s advance release opinion about employment, which also touches on procedure.

Employment/Procedure

Sempey v. Stamford Hospital – CHRO gave Sempey a right to sue Hospital for discrimination within 90 days. Sempey timely started a three-count lawsuit, but none of the none of the counts was expressly for discrimination. Trial court granted Hospital’s motion to strike all three counts. Sempey repleaded a three-count complaint, but this time one of the counts was for discrimination.  Hospital filed a motion to strike all three counts, and a motion to dismiss for lack of subject matter jurisdiction directed at only the discrimination count. Before Sempey’s time to file another substitute complaint had expired, trial court dismissed not only the discrimination count, but the other two counts as well. Appellate Court affirmed as to the discrimination count, finding that (1) since the motion to dismiss was subject matter jurisdictional, trial court was correct to decide it before Sempey’s time to substitute complaint expired; (2) Sempey had asserted her discrimination claim outside the 90 day window of her right-to-sue letter, and made no claim that a tolling doctrine applied; and (3) relation back doctrine did not apply since Sempey’s original complaint did not put Hospital on notice of a discrimination claim. But, Appellate Court reversed as to the other two counts because (1) Hospital directed its motion to dismiss solely at the discrimination count; and (2) Hospital did not show, and trial court did not find, that repleading could not cure any deficiencies in the two counts.