Supreme Court of Connecticut

Robert Conboy v. State of Connecticut

July 21, 2009292 Conn. 642

Summary

The court held that the trial court properly denied the state's motion to dismiss because the record left unresolved whether the plaintiffs were terminated in an economically motivated layoff or in retaliation for constitutionally protected union and political activity. Because that factual dispute was material to the state's sovereign-immunity argument and could not be resolved on the limited documentary record, the state had no colorable claim supporting an interlocutory appeal. The appeal therefore was dismissed.