Blumberg Associates Worldwide, Inc. v. Brown & Brown of Connecticut, Inc.

Summary

The court held that an appellate court may raise an unpreserved issue sua sponte when the issue concerns subject matter jurisdiction or, in other cases, exceptional circumstances exist, the parties receive an opportunity to respond, and no unfair prejudice results. Applying that standard, the court upheld the appellate court's decision to consider whether the prevention doctrine could apply to conduct predating contract formation and agreed that the doctrine could not apply. The judgment affirming summary judgment for the defendants was affirmed.