Supreme Court of Connecticut December 29, 1998, SC 15838 (Murphy v. Wakelee)

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Opinion

KATZ, J.

In this certified appeal we must decide whether, when breach of a fiduciary duty has been alleged, the burden to prove fair dealing by clear-and convincing evidence shifts to the defendant in cases that do not involve claims of fraud, self-dealing or conflict of interest. We conclude that unless the allegation involves such claims, the burden does not shift.