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   State Courts - Connecticut - January 11, 2005

  
Oppenheim v. Gruell, CV030472301S, 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: Supervisor's motions to dismiss and for summary judgment as to IIED claim were denied because supervisor's actions of physically intimidating behavior coupled with vulgar treatment in setting that was humiliating supported claim and prior actions before Connecticut State Labor Relations Board and federal court did not address same factual issues.

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Perzanowski v. Perzanowski, FA970717352, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 11, 2005, Decided , January 11, 2005, Filed
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Overview: Motion to modify child support was denied where, while the father had recent surgery which put him out of work, and his employer had since gone out of business, his income from Workers' Compensation was higher than his income at the time of the most recent prior order, and he had made no effort to pursue work in anticipation of his recovery.

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Plank v. Stone, 567830, 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: Trial court granted summary judgment pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 17-49 to a condominium association and a management company in a personal injury action; those defendants did not have possession or control of a storage cabinet which allegedly caused the injured party's fall.

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Russo Roofing, Inc. v. Rottman, (AC 24044), APPELLATE COURT OF CONNECTICUT, January 11, 2005, Officially Released
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Overview: It was clear that owner's counterclaim sought compensation for the damage to interior of her house, put roofer on notice that she sought compensation for such damage, and the trial court erred in finding that such claim was improperly pleaded.

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State v. Alston, (SC 16910), SUPREME COURT OF CONNECTICUT, January 11, 2005, Officially Released
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Overview: Manslaughter appeal failed because, in part, the Doyle ruling, which held that post-Miranda silence could not be used to impeach a defendant or as affirmative proof of guilt, was not violated. Jury instructions did not dilute State's burden of proof.

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State v. Gianetti, CV04000594S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 11, 2005, Filed
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Overview: Trial court denied the physician's motion to dismiss the State's action against him that challenged his practice of billing patients for the balance not paid by managed care plans, allegedly in violation of federal and state laws, as his practice of "balance billing" was not protected under the Noerr-Pennington doctrine.

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State v. Jackson, (AC 24141), APPELLATE COURT OF CONNECTICUT, January 11, 2005, Officially Released
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Overview: The constancy of accusation testimony, which may have been admitted improperly, was not part of a mosaic of improperly admitted evidence that, as a whole, denied defendant a fair trial because the case centered on the victim's testimony.

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State v. Lawrence, (AC 24716), APPELLATE COURT OF CONNECTICUT, January 11, 2005, Officially Released
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Overview: Connecticut Practice Book rule regarding sentence corrections was an appropriate device to challenge the propriety of a sentence; challenges to the legality of a sentence could be brought on direct appeal of the sentence or pursuant to the rule.

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Wells v. Town of Plainfield, CV020068211, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, January 11, 2005, Filed
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Overview: As the police officers failed to establish an intolerable work atmosphere necessary to effectuate a constructive discharge as they presented no evidence that the police department intended to create a hostile work environment or that a reasonable person would have felt compelled to resign, summary judgment was granted in favor of the department.

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Wilcox v. Yale Univ., CV020174796S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 11, 2005, Decided , January 11, 2005, Filed
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Overview: Because a university and a supervisor failed to specify the reasons for each claimed deficiency, as required by Conn. Gen. Prac. Book, R. Super. Ct. ? 10-41, their motion to strike an employee's claims was fatally defective. The employee had not waived what the Supreme Court of Connecticut had found to be a fatal defect.

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