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   State Courts - Connecticut - January 31, 2005

  
Cuseo v. Aquent, Inc., CV040568982, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: The language in an arbitration clause contained within an employment contract that any claim or controversy related to the agreement was subject to arbitration included a former employee's tort claims for tortious interference, slander, intentional infliction of emotional distress, and breach of covenant under Conn. Gen. Stat. § 52-409.

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Doe v. City of Stamford, CV020190604, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: A complaint failed to allege that a criminal attack on a minor was created by some positive act by the city as there was no logical nexus, in the context of a public nuisance claim, by which to attribute the criminal acts of the perpetrator to the building and maintenance of the park pavilion and restrooms by the city.

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Fleming, LLC v. NRC Group, LLC, 128667, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, January 31, 2005, Decided
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Overview: Trial court denied the parties' cross-motions for summary judgment in an action alleging breach of contract and other claims because there was a triable issue of fact as to whether a contract for plumbing work existed between a contractor and companies.

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Gresczyk v. Landis, CV044004887S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: In an action to enjoin the development of certain farmland, absent any facts to support six special defenses, specifically a lack of standing, laches, res judicata, a RICO violation, unclean hands, and jurisdiction, the Commissioner of Agriculture's motion to strike the same was granted. But an inverse condemnation counterclaim remained viable.

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Hudson United Bank v. Endeavor Group, CV010386572, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: Judgment was entered in favor of plaintiff bank, in accordance with the recommendation of the attorney trial referee, because a guarantor's obligation under a guaranty had not been terminated by the merger of plaintiff bank with another bank, notwithstanding the fact that it took place after he entered into the guaranty.

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Jordan v. Town of Haddam, CV030102282S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: A town was not negligent by operating a wide snow plow on a narrow road, and a vehicle owner was not entitled to property damages as a result of a collision between his car and the snow plow.

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Keena v. Cordner, CV990268787S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: In a patient's professional negligence case alleging that chiropractor violated professional standard of care pursuant to Conn. Gen. Stat. § 52-184c when he pounded on her right side, causing her to suffer a herniated disc, patient did not carry her burden of proof. It was just as likely that herniation occurred when she injured her back at picnic.

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Marks v. Matuelvich, CV020099337S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: A court awarded judgment to plaintiffs on their adverse possession claim against defendants because plaintiffs possessed the disputed property for more than 15 years by an open, visible, exclusive possession under a claim of right with the intent to use the property as their own; defendants never objected to plaintiffs' use of the disputed area.

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Nation v. Allstate Ins. , CV040093456S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 31, 2005, Decided , January 31, 2005, Filed
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Overview: Heating oil company's motion to strike a homeowner's claim alleging a violation of CUTPA, Conn. Gen. Stat. § 42-110b(a), was denied; as alleged misrepresentations about the company's ability to make a fuel delivery were within a business context, the owner sufficiently pled a CUTPA claim.

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