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State Courts -
Connecticut - January 27, 2005
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Dreamcatcher Assoc. v. Interface Mgmt., CV040185410S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 27, 2005, Decided , January 27, 2005, Filed
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Overview: Two software developers pled sufficient allegations to avoid a buyer's motion to strike with regard to a Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. § 42-110a et seq., count in the complaint, because breach of contract allegations accompanied by intentional misrepresentation allegations were enough.
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First Nat'l Bank of Litchfield v. Miller, CV000181487,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 27, 2005, Decided , January 27, 2005, Filed
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Overview: Boat buyers did not revoke acceptance under Conn. Gen. Stat. § 42a-2-608 so as to avoid a bank loan for a boat where the seller had a statutory right to cure any alleged nonconforming tender. Seller promptly cured a minor mechanical problem that was discovered when the buyers were to take delivery, so the buyers did not validly revoke acceptance.
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Hall Keen E. Hartford L.P. v. Town of E. Hartford, CV020516421S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 27, 2005, Decided , January 27, 2005, Filed
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Overview: Because it was not credible that a buyer would pay $ 17,275,127 for the subject property knowing that it would be spending an additional $ 1,800,000 in the immediate future, given an understanding that the value of the property it was purchasing was substantially less, the court did not deduct the purported costs to rehabilitate the property.
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Hall Keen E. Hartford L.P. v. Town of E. Hartford, CV02051642S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 27, 2005, Decided , January 27, 2005, Filed
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Overview: Since it was not credible that a buyer would pay $ 17,275,127 for a property knowing that it would be spending an additional $ 1,800,000 in the immediate future, given an understanding that the value of the property was substantially less, the cost to rehabilitate the property following its acquisition was not deducted from the fair market value.
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Heckler v. Heckler, FA040084101S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 27, 2005, Decided , January 27, 2005, Filed
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Overview: In a proceeding for dissolution of the marriage, the court denied the wife's request for alimony, pursuant to Conn. Gen. Stat. §§ 46b-81, -82, given that the marriage lasted a little over three years and both parties were employable at the time of the proceedings. The wife's request for reimbursement for babysitting the husband's son was denied.
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In re Ross, SC 17342, SC 17343,
SUPREME COURT OF CONNECTICUT, January 27, 2005, Officially Released * * January 27, 2005, the date that this decision was released as a slip opinion, is the operative date for all substantive and procedural purposes
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Overview: While Conn. Gen. Stat. § 53a-46b (1987) required the Supreme Court of Connecticut to review death sentences, once that review resulted in affirmance of defendant's sentence, he could, and did, waive further challenges. A public defender and a next friend lacked standing to bring habeas challenges on defendant's behalf that were waived.
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Pladsen v. Warden, CV020003789S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 27, 2005, Decided , January 27, 2005, Filed
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Overview: Where an incarcerated habeas corpus petitioner's public defender had experience with mentally incapacitated clients and investigated petitioner's mental history before rejecting pursuing a not guilty by reason of insanity defense under Conn. Gen. Stat. § 53a-13(a), petitioner's ineffective assistance of counsel claim was rejected.
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