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   State Courts - Connecticut - January 31, 2007

  
Clinch v. Generali-U.S. Branch, CV030829154S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: Allegations in customer's complaint against insureds described three males as being under influence of alcohol, so it was fact issue whether striking of customer was intentional. Thus, neither insurance carrier nor customer was entitled to summary judgment on customer's claim for refusal to defend insureds based on assault-and-battery exclusion.

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Cuprak v. Reneau-Cuprak, FA054102922S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: In a dissolution of marriage action, the parties' marriage was found to have broken down irretrievably; the marriage did not survive the trauma of the wife's cancer diagnosis and treatment. After consideration of the evidence, as well as the provisions of Conn. Gen. Stat. ?? 46b-56, 46b-81, 46b-82 and 46b-84, relevant orders were entered.

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Gastroenterology Assocs. v. Medstar Sys., LLC, CV065000558S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: Because a computer company transacted business in Connecticut by sending solicitations to a medical provider, because the solicitations contained false representations, and because the parties' subsequent contract was partially performed, the court had personal jurisdiction over the company based on Conn. Gen. Stat. ? 52-59b(a)(1).

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In re Clayton D., H12CP06010912A, H12CP06010913A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, JUVENILE MATTERS AT HARTFORD, January 31, 2007, Filed
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Overview: Because a mother consented to the termination of her parental rights in open court, no findings were necessary to be made pursuant to Conn. Gen. Stat. ? 17a-112.

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In re Eric M., W10CP04014628A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, JUVENILE MATTERS AT MIDDLETOWN, January 31, 2007, Filed
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Overview: Termination of parental rights was in a child's best interests, pursuant to Conn. Gen. Stat. ? 17a-112(j)(2); the father consented to termination of his rights, and the child had been out of his mother's care and in foster care for more than two years. He was very well cared for by foster parents who were fully committed to him.

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In re Tajierre, M06CP02003829A, M06CP02003830A, M06CP02003831A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: It was not in the best interest of the children to terminate the parental rights of their parents. The statutory ground of abandonment was not shown as to the mother, Conn. Gen. Stat. ? 17a-112(j)(3)(A). Although visits were arbitrarily suspended several times, the mother continued to inquire about her children and about reunification.

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N. Am. Mortage Co. v. Sierpina, FSTCV010182757S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: Because a lender did not, inter alia, append the mortgage note and the mortgage deed to its complaint, the court was unable to determine whether the borrowers' special defenses and counterclaims survived the lender's motion to strike; therefore, pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ?? 10-50, 10-57, 10-39(a), the motion had to be denied.

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Spini v. Woodbridge Estates, LLC, CV044004379S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 31, 2007, Decided , January 31, 2007, Filed
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State v. Dolphin, CR97264253, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 31, 2007, Filed
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Overview: Defendant's seven-year sentence for a violation of probation, following his discharge from a sex offender treatment program for failure to admit guilt, was not disproportionate under Conn. Gen. Stat. ? 51-194 because defendant failed to express remorse for the sexual assault to which he pleaded nolo contendere and was not amenable to probation.

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State v. Faison , CR01298842, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 31, 2007, Filed
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Overview: Sentence of 20 years with 2-year mandatory minimum for first degree sexual assault, 10 years consecutive on one risk of injury count and 10 years concurrent on second risk of injury count was proper upon review under Conn. Gen. Stat. ? 51-194. Among other things, defendant's sexual assault of 10-year-old victim caused her to became pregnant.

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