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State Courts -
Connecticut - January 29, 2007
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Akhtar v. Perno, SPMCV064006833,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Landlord's summary process action pursuant to Conn. Gen. Stat. § 47a-23 was dismissed, because the reasons for seeking eviction listed in the notice to quit served on the tenant were not mirrored in the summary process complaint, and thus the court lacked jurisdiction to rule on the substantive aspects of the summary process complaint.
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Church of the Resurrection v. PGS Concrete Designs, LLC, CV065001796,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Trial court found that Conn. Gen. Stat. § 52-572n(a) of the Connecticut Products Liability Act, Conn. Gen. Stat. § 52-572m et seq., was a church's exclusive remedy for common-law negligence claims against a concrete supplier because the supplier was a product seller under Conn. Gen. Stat. § 52-572m as he sold the church's contractor a concrete mix.
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Connors v. Town of Old Saybrook, X04CV054005160S, Opinion No.: 96922,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, COMPLEX LITIGATION DOCKET, AT MIDDLETOWN, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Motion to strike multiple counts of complaint against town and some of its officers and employees was granted as to count's that alleged liability based on decision to discontinue rescue dive team that might have assisted plaintiff after car she was in rolled into a river; discontinuance was a discretionary act to which qualified immunity applied.
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Frazier v. Metropolitian Prop. & Cas. Ins. Co., CV054019203S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Insured's UM claim with respect to November 29, 1999, accident was untimely because, as there was express three-year time limit in the insurance policy, the six-year statute of limitations in Conn. Gen. Stat. § 52-576 did not apply; instead, the three-year limit applied as the policy complied with the requirements of Conn. Gen. Stat. § 38a-336(g).
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Gordon v. Epstein, CV064014774, Opinion No.: 96994,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Trial court denied second attorney's amended motion to strike, as it could not be said that the first attorney could prove no set of facts that would entitle him to relief and the trial court found that the first attorney was free to allege a legally sufficient claim of promissory estoppel pursuant to Conn. Gen. Prac. Book, R. Super. Ct. § 10-44.
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Hall v. Newman, CV030083769S,
SUPERIOR COURT OF CONNECTICUT, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: In a breach of contract action, because defendant did not advise plaintiff that he was acting as an agent for a limited liability corporation, and because plaintiff sufficiently demonstrated that the loss of the contract was brought about by the defendant's breach, plaintiff was entitled to damages for the defendant's breach of contract.
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Kzs/Brady Lee, Inc. v. Schutz, CV065004200S, Opinion No.: 96992,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: A CUTPA claim filed by a former employer against a former employee on the basis that the employee misrepresented the provision of her services to the employer's agents and clients after her termination was sufficient to state a claim because the existence of an employer-employee relationship would not necessarily defeat such a claim.
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Lavin v. Absolute Tank Removal, LLC, CV044003218,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Trial court denied tank removal company's summary judgment motion; agreement between the customers and the tank removal company lacked the definitiveness required to determine that the parties expressly intended to relieve the tank removal company from future negligence, which meant that factual issues were left to be resolved by trier of fact.
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Littlejohn v. Barillaro, NNICV054004211S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: In action for wrongful death arising from child drowning in property owner's pool, mother's motion to strike special defense of parental negligence was granted because doctrine of parental immunity prevented property owner from using mother's alleged negligent supervision to bar her from recovering damages on behalf of child's estate.
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Lopes v. Farmer, CV054008743,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 29, 2007, Decided , January 29, 2007, Filed
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Overview: Summary judgment was granted in favor of police officers in malicious prosecution and § 1983 action as the action was untimely under Conn. Gen. Stat. § 52-577; contrary to teacher's argument, the three-year statute of limitations began to run on the date of the officers' last action regarding arrest and not on date criminal charges were dismissed.
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