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   State Courts - Connecticut - January 11, 2005

  
Avalonbay Cmtys., Inc. v. Town of Stratford Inland Wetlands & Watercourses Agency, CV020514674, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 11, 2005, Decided , January 11, 2005, Filed
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Overview: Town inland wetlands and watercourses agency should not have denied a developer a permit pursuant to Conn. Gen. Stat. ? 22a-42a(c)(1) to begin construction on a complex of 146 apartments since the agency's concerns about pollution, sediment, and the hydrologic regime were merely speculative.

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Bates v. Comm'r of Corr., (AC 23821), APPELLATE COURT OF CONNECTICUT, January 11, 2005, Officially Released
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Overview: Forfeiture of an inmate's good time credit was properly deducted from credit he had already earned, even though it was not posted until several years later. The credit was not earned when it was posted, but rather earlier, prior to the forfeiture.

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Cassella v. Am. Olean Tile, CV000372880S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 11, 2005, Filed
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Overview: In asbestos liability case, manufacturer was granted summary judgment under Conn. Gen. Prac. Book, R. Super. Ct. ? 17-49 where executrix submitted daughter's statement to prove that manufacturer's product was used by the decedent. Statement was inadmissible because it did not show that daughter had personal knowledge as to matters set forth.

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Clark v. City of New Haven, 569422, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 11, 2005, Decided , January 11, 2005, Filed
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Overview: Taxpayers failed in their burden of proving that an assessment imposed on their property was excessive, disproportionate, and unlawful, as it was doubtful that evidence of a lease, entered into long after the date of the valuation, carried much weight since the property would have normally been assessed at its highest and best use.

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Conn. State Med. Soc'y v. ConnectiCare, Inc., (SC 17072), SUPREME COURT OF CONNECTICUT, January 11, 2005, Officially Released
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Conn. State Med. Soc'y v. Oxford Health Plans, (SC 17071), SUPREME COURT OF CONNECTICUT, January 11, 2005, Officially Released
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Overview: Medical association federation lacked standing to bring Connecticut Unfair Trade Practices Act claim against managed care organization as federation did not suffer any direct injury and physicians were free to seek redress against organization.

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Cormier v. 3M Corp., CV040409253S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 11, 2005, Filed
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Overview: In an executrix's product liability asbestos suit against a seller, the seller's motion for summary judgment under Conn. Gen. Prac. Book, R. Super. Ct. ? 17-49 was granted where the executrix could not identify any of the seller's products that contained the asbestos to which her decedent was allegedly exposed.

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Cormier v. 3M Corp., CV040409253S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 11, 2005, Filed
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Overview: Executrix's attempt to oppose summary judgment in an asbestos product liability case failed; the decedent's statement she attempted to rely on was impermissible hearsay that did not fall under the Conn. Gen. Stat. ? 52-172 exception and it did not qualify as an affidavit because it was not based on personal knowledge.

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Cormier v. 3M Corp., CV040409253S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 11, 2005, Filed
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Overview: Since there was no admissible evidence linking the company's product to the decedent, nor was there any evidence that if the company's products were used in the vicinity of the decedent, they contained asbestos, summary judgment was granted in favor of the company pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 17-49.

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Cormier v. 3M Corp., CV040409253S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 11, 2005, Filed
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Overview: Manufacturer was entitled to summary judgment under Conn. Gen. Prac. Book, R. Super. Ct. ? 17-49 in action by executrix seeking to recover for decedent's asbestos exposure. There was no admissible evidence linking manufacturer's product to decedent. There was no evidence that manufacturer's products used in vicinity of decedent contained asbestos.

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