Judiciary Bill Closes Open-Ended Liability

03.26.2015
Issues & Policies

A few proposals awaiting action in the legislature’s Judiciary Committee are of interest to Connecticut’s employer and legal communities.
CBIA is supporting SB 1032, which creates a much-needed statute of limitations for the state to bring legal action in certain construction projects and contracts
It’s an appropriate response to addressing the Connecticut Supreme Court decision in State of Connecticut v. Lombardo , et al., in which the court found a statute of limitations for commencing  litigation doesn’t apply to the state.
In effect, the ruling leaves people working on state-funded construction projects indefinitely liable for damages–including damage caused by aging building infrastructure and normal wear and tear over time.
Overstepping privacy
One proposal of concern is SB 979, which would effectively mandate disclosure of all of a decedent’s online communications by default to his or her personal representative.
This oversteps important privacy and confidentiality interests, such as those raised by confidential communications of third parties with a decedent.
While there needs to be clear definition and rules governing access to a decedent’s digital correspondence and assets, SB 979 disregards the privacy of others who communicated with the decedent, as well as the privacy of the decedent, and it potentially conflicts with federal law and the laws of other states that grant greater privacy protection to online accounts.
For more information, contact CBIA’s Louise DiCocco at 860 244.1169 or louise.dicocco@cbia.com.

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