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   State Courts - Connecticut - January 19, 2006

  
Apgar v. Pastor, FA040410666S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 19, 2006, Filed
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Overview: Pursuant to the parties' stipulation, the court supplemented the stipulation to provide, inter alia, for the agreed-upon listing price, and that the former marital home was to be made available for showing at all reasonable times and be kept broom clean and properly maintained.

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Banks v. Banks, FSTFA020189424S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 19, 2006, Filed
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Overview: Connecticut court adopted broad definition of income at 26 U.S.C.S. ? 61 in holding that everything husband earned, including payments from his real estate business, was subject to wife's right to 30 percent of gross; postjudgment sale of husband's separate asset was not subject to alimony claim.

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Conn. Coalition Against Millstone v. Conn. Siting Council, CV044000312S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 19, 2006, Decided , January 19, 2006, Filed
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Overview: State siting council did not err in refusing to consider short and long term radiological risks of proposed facility for the dry storage of spent nuclear fuel related to public health and safety because it was preempted from regulating those effects; federal government maintained complete control of safety and nuclear aspects of energy generation.

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Desjarlais v. Klezos, CV044002721S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 19, 2006, Decided , January 19, 2006, Filed
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Overview: Trial court granted summary judgment to town and town tree warden; it found they could not be liable to utility company and electric company pursuant to governmental immunity statute, Conn. Gen. Stat. ? 52-557n(a), as the utility company and the electric company could not show identifiable person/imminent harm exception to immunity applied.

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Dimmock v. Lawrence & Mem. Hosp., X04MMXCV030104510S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 19, 2006, Filed
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Overview: Although preclusion might have been justified based on the lack of disclosure as to the central issue of negligence under Conn. Gen. Prac. Book, R. Super. Ct. ? 13-4, since the result would have been judgment for the medical providers, one more avenue was to be exhausted prior to ultimate preclusion. The expert was to be deposed.

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Figueroa v. Adm'r, Unemployment Compensation, CV054007979S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 19, 2006, Filed
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HRP Assocs. v. Aldin Assocs., CV040525713S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 19, 2006, Filed
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Overview: Court entered judgment in favor of a property owner in an action brought by a contractor for payment under a contract to remove underground petroleum storage tanks because court found that a plain meaning of the contract terms did not support the contractor's claim for damages.

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Henson v. Pinkerton, FSTFA020188682S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 19, 2006, Decided , January 19, 2006, Filed
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Overview: Wife's motion for attorney's fees arising from a divorce action was denied, because the wife's counsel failed to show that the fees sought were authorized by the parties' separation agreement, and no other exception to the American rule applied in the instant case.

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Holley v. Norwalk Hosp. Ass'n, (X10)NNHCV044017092S(CLD), SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, January 19, 2006, Decided , January 19, 2006, Filed
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Overview: In a case relating to the employment of a physician, an exception to the psychiatrist-patient privilege under Conn. Gen. Stat. ? 52-146e did not apply because there was no showing that the physician had asserted a defense where his mental health was an element; the physician did not state that his memory was faulty regarding relevant issues.

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Holley v. Norwalk Hosp. Ass'n, (X10)NNHCV044017092 S (CLD), SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, January 19, 2006, Decided , January 19, 2006, Filed
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Overview: Motion in limine was granted because Conn. Gen. Stat. ? 19a-17b did not, by express language or reasonable inference, permit disclosure of the fact that hospital privileges were not terminated or restricted, and the statute did not address disclosure of the peer review committee's substantive conclusions regarding beach of the standard of care.

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