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   State Courts - Connecticut - February 1, 2006

  
Comfort v. Roy, 4100671, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 1, 2006, Filed
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Overview: In a boyfriend's breach of contract action against his former girlfriend arising from the purchase and sale of a residence they allegedly purchased together as a joint venture, judgment was rendered in the girlfriend's favor as the boyfriend filed affidavits during his divorce indicating no interest in the property in question.

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Conn. Podiatric Med. Ass'n v. Health Net of Conn., Inc., X01CV054005900S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 1, 2006, Decided
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Overview: Insurer's proposed Conn. Gen. Prac. Book ? 13-5 protective order seeking to keep from disclosure certain reimbursement rates was denied because amount of compensation insurer paid to podiatrists and to medical doctors for similar medical services was relevant and material to podiatrists' Conn. Gen. Stat. ? 38a-816(10) unfair discrimination claim.

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Conn. Podiatric Med. Ass'n v. Health Net of Conn., Inc., File No. X01 CV05-4005900S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 1, 2006, Memorandum Filed , February 1, 2006, Filed
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Overview: Court granted insurer's motion to dismiss all claims for monetary relief asserted by podiatric association in action against insurer for violations of Connecticut Unfair Trade Practices Act because the association lacked standing to pursue claim for economic damages on behalf of its members; association did not assert any claims on its own behalf.

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Cunningham v. Jenkins, FA054009302S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 1, 2006, Filed
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Overview: Because a motion to dismiss was timely on its face and because plaintiff's alleged failure to state the basis for his claim in the reasons of appeal did not necessarily deprive the trial court of subject matter jurisdiction over the appeal from a probate court decision, the court denied defendant's motion to dismiss.

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Cunningham v. Norton, FA040491262S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 1, 2006, Filed
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Gannon v. Huttler, CV010457250S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 1, 2006, Filed
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Overview: Since negligently performing medical treatment was different from negligently failing to advise a patient of medical risks, and the proposed amendment to the complaint stated a new cause of action based on lack of informed consent, it was outside the two-year statute of limitations under Conn. Gen. Stat. ? 52-584.

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Hearth Kitchen Prods. v. Stearn, X05CV010184294S, X05CV020187840S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 1, 2006, Decided , February 1, 2006, Filed
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Overview: For failure to carry their burden of proving various required elements, including damages, the court, in two related cases forming the basis of a complex litigation, rejected claims of breach of contract, breach of fiduciary duty, tortious interference with business expectancies, breach of contractual good faith, fraud, and unjust enrichment.

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Ignatius v. Zoning Bd. of Appeals Guilford, X27CV044002619, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 1, 2006, Decided , February 1, 2006, Filed
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Overview: Trial court properly granted a variance to property owners to build a swimming pool, as the layout of the land and placement of the septic system constituted a hardship which the owners did not create, and the grant of the variance did not effect the city's comprehensive plan.

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In re Anthony J., H12CP03009426A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, February 1, 2006, Decided , February 1, 2006, Filed
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Overview: Termination of parental rights was proper under Conn. Gen. Stat. ? 17a-112(j)(2), as neither parent had achieved rehabilitation or made sufficient improvements in their ability to care for their child. The foster parents indicated that they wished to adopt the child and he had been part of their family since he was three days old.

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In re Ashley W., FO4CP02005515A, FO4CP02005516A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, JUVENILE MATTERS AT MIDDLETOWN, February 1, 2006, Decided , February 1, 2006, Filed
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Overview: Trial court denied child welfare agency commissioner's motion to disclose confidential records, as Conn. Gen. Stat. ? 52-146k(b) prohibited battered women's shelter from disclosing such confidential communications, no statutory exception applied, and "the best interests of the child" justification for disclosure no longer applied.

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