Q&A: Insights from Timothy Cowan, Contributing Author to the Definitive CUTPA Treatise
02/14/2025Q: How did you get involved with the CUTPA Treatise since joining HSSK?
A: When I joined HSSK, one of the things I knew about the firm was that it had a specialty in handling CUTPA cases, and that Partner David Slossberg was a co-author of the treatise. David and I worked on some CUTPA claims together, which I really enjoyed. He invited me to join the team and become a co-author, which thrilled me. Over time, my role evolved from casual support to taking ownership of several key sections, conducting comprehensive case research, and ensuring our content is as current and impactful as possible.Q: What sections of the treatise do you contribute to?
A: With David, I work on several critical areas within the treatise. Specifically:- Consumer-Commercial Relationship Test: We analyze how courts interpret and apply this foundational concept, and how it has expanded over time.
- Standing and Ascertainable Loss: We review cases addressing whether a plaintiff has the right to bring a CUTPA claim and how the courts define and quantify loss—whether it’s tangible or increasingly intangible, like emotional distress.
- Attorneys’ Fees and Costs: This includes evaluating how fees are awarded, particularly when the relief won by the plaintiff impacts the calculation of those fees.
- Class Actions: We offer a deep dive into what plaintiffs must plead for class certification in CUTPA cases, the context of the cases, and the courts’ findings.
- Out-of-State Perspectives: For example, the recent Texas handling of CUTPA claims during the Alex Jones bankruptcy case showcases how jurisdictions outside of Connecticut grapple with these issues.
Q: How do you approach the case review process for the treatise?
A: The process is ongoing and methodical. Throughout the year, I track and review every published CUTPA-related case, even those that seem routine at first. Using a discerning lens, I identify decisions that set new precedents or reflect meaningful shifts. It’s critical to capture cases that "move the needle," whether through innovative rulings on attorneys’ fees or expanding interpretations of ascertainable loss. The other contributing authors often share noteworthy cases throughout the year too, keeping the content both timely and comprehensive.Q: How do people in the legal community use the CUTPA Treatise?
A: The treatise is highly regarded as the definitive resource for crafting or defending CUTPA claims. Lawyers across Connecticut and beyond turn to it for its exhaustive, up-to-date coverage of case law and practical guidance. For instance, if someone is preparing a CUTPA class action suit, our section provides an indispensable roadmap of the latest legal standards and procedural requirements. It’s considered a “holy grail” of sorts for CUTPA litigators due to its depth and accuracy. Attorneys also use treatise for its broader coverage of business torts and anti-trust cases.Q: Can you share a particularly interesting case from this year?
A: While there are several, two cases stand out for how they push the boundaries of established CUTPA law. Soto v. Bushmaster Firearms International, LLC, 331 Conn. 53 (2019) continues to cause ripples in court’s rulings on CUTPA claims. In Dexter v. Benchmark Municipal Tax Services, Ltd., No. X07-CV-23-6177740-S, 2024 WL 686508 (Conn. Super. Ct. Feb. 15, 2024) the court followed Soto and held that “once the standing requirements set by the ascertainable loss clause have been satisfied, a successful plaintiff may recover not only for those financial losses but for any and all actual damages.” This case was about a plaintiff who has established ascertainable loss in the form of allegedly excessive fees and costs. Further, in Gold Harp, Inc. v. Hayber, McKenna & Dinsmore, LLC, 2023 WL 4073700 (Conn. Super. Ct. June 15, 2023), the court added additional color to the damages discussion. There the court noted that while harm to reputation alone does not fall within the contours of ascertainable loss, loss associated with that harm to reputation, such as loss of clientele and employees does.Q: How has working on the CUTPA Treatise advanced your legal practice?
A: Contributing to the treatise offers several benefits. First, it ensures I stay well-versed in the latest legal developments, giving me an edge in advising clients and shaping case strategies. Secondly, it enhances visibility and credibility, positioning me as a knowledgeable authority in CUTPA litigation. Lastly, it fosters a collaborative environment with other accomplished attorneys, allowing us to exchange ideas and maintain valuable professional relationships.Q: What’s next for you and your work with the treatise?
A: We’re always looking for ways to keep the content as relevant and accessible as possible, and I’m exploring opportunities to share our insights through events or digital content. Plus, we’ll be keeping a close eye on any groundbreaking cases that come down the pipeline.Q: What’s the collaborative process like among the contributing authors?
A: The treatise’s reputation for thoroughness is a testament to the collaboration among a team of incredibly bright and diligent attorneys. Everyone contributes thoughtful analysis and rigorous case review.The discussions we have—whether to determine the significance of a new ruling or to share insights—result in a richer and more authoritative resource. It’s also a shift from the usual litigation mindset to a more academic and reflective approach.