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State Courts -
Connecticut - January 5, 2006
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Aecon, Inc. v. Rose, CV020815664S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Defendants' motion to dismiss claims of legal malpractice and negligence was denied, because the action was ripe for decision, as the client had not alleged a hypothetical dispute, but instead alleged both present and future losses due to defendants' alleged negligence.
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Bartell v. Adm'r, CV054010144S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Former employee did not correct Employment Security Board of Review fact findings, as required by Conn. Gen. Prac. Book, R. Super. Ct. § 22-4, and Conn. Gen. Prac. Book, R. Super. Ct. § 22-9, precluded review of factual findings, so court dismissed appeal of determination she was ineligible for benefits under Conn. Gen. Stat. § 31-236(a)(2)(A).
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Conn. Light & Power Co. v. Norwalk Power, LLC, FSTCV054005299S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Trial court granted petitioner's application pursuant to Conn. Gen. Stat. § 16-50x(c) to enter condemned property before the issue of compensation was decided, as a delay in the installation of new electric cables could be very costly to the public, and thus the public interest would be prejudiced by delaying entry upon the property.
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DeChristoforo v. Botte, CV054010768S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 5, 2006, Filed
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Overview: Because there was no statute or rule that automatically stayed a probate court's award of spousal support under Conn. Gen. Stat. § 45a-320, pursuant to Conn. Gen. Prac. Book, R. Super. Ct. § 61-12, an alleged beneficiary's motion for a discretionary stay should have been directed to the trial judge who ruled on the petition in the first instance.
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DeChristoforo v. Botte, CV054010768S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 5, 2006, Filed
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Overview: Because an award of spousal support prevailed over any contrary intention expressed in a decedent's will, and because a probate court's authority under Conn. Gen. Stat. § 45a-320 was to award "necessary," not "reasonable," support, the paragraphs making those claims in an alleged beneficiary's appeal were stricken from the appeal.
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Martinelli v. Fusi, (X10)NNHCV044016894S(CLD),
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 5, 2006, Filed
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Overview: Trial court granted first doctor, professional corporation, second doctor, and plastic surgery business' Conn. Gen. Prac. Book, R. Super. Ct. § 10-39 motion to strike patient's two claims against them for battery; claims against them concerning her treatment related to results she received, not nature of procedures performed.
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McCarty v. Statewide Griev. Comm., CV054009716,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Substantial evidence supported finding that attorney violated Conn. R. Prof. Conduct 1.4(a). Where attorney claimed that complainant was client of another lawyer, complainant believed that attorney represented him, as evidenced by two letters he sent to attorney. Also, attorney informed complainant regarding outcome of case.
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Md. Cas. Co. v. Sullivan, CV054010486S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Insurer's motion strike a customer's counterclaim alleging a violation of the Connecticut Unfair Trade Practices Act was granted, because the customer's allegations failed to meet the requirement that the claims also constitute a violation of the Connecticut Unfair Insurance Practices Act.
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