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   State Courts - Connecticut - February 3, 2005

  
AT&T Communs. of New England v. Dep't of Pub. Util. Control, CV040526630, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 3, 2005, Decided , February 3, 2005, Filed
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Overview: The Connecticut Department of Public Utility Control (DPUC) was directed to provide more information to the court so that it could review a DPUC decision setting access charges for competitive local exchange carriers and incumbent local exchange carriers at the same rate.

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Bilby v. Bilby, FA030196803S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 3, 2005, Decided , February 3, 2005, Filed
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Overview: Court found that the parties' marriage had broken down irretrievably and that there was no reasonable prospect of reconciliation; after considering various factors regarding custody and visitation of the parties' minor children, pursuant to Conn. Gen. Stat. ? 46b-56(b)(1), the court awarded sole custody to the father with visitation to the mother.

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Calovis v. Hastedt Bros., LLC, CV044001699, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 3, 2005, Decided , February 3, 2005, Filed
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Overview: A mechanic's lien arising from the preparation of land for a modular home was discharged because there was no contract between the lienor and the owners, as required by Conn. Gen. Stat. ? 49-33. Further, the lien was subject to discharge based on the damages incurred due to a breach of contract.

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Casey v. Rotella, CV040085055S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT DERBY, February 3, 2005, Filed
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Crawford v. Warden, CV020821518, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, GEOGRAPHIC AREA 19 AT SOMERS, February 3, 2005, Decided , February 3, 2005, Filed
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Overview: Habeas corpus petitioner's right under U.S. Const. amend. VI and XIV to effective counsel was not violated by alleged failure to investigate if police chase was negligent because that failure did not affect guilty plea. Favorable plea bargain with reduced sentence was had in the face of a long sentence and a mountain of incriminatory evidence.

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Durand v. Durand, FA040072276, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, February 3, 2005, Filed
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Overview: Trial court found that the husband's substance abuse, domestic violence, and inconsistent employment were substantial factors in causing the marital breakdown, but also concluded that he was entitled to a portion of the value of the marital estate for his contributions to the nearly four-year marriage to the wife.

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Gary v. Butler, FA010165427S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 3, 2005, Filed
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Overview: After mother became the non-custodial parent, she was ordered to pay child support and a portion of the medical and childcare expenses, in accordance with Conn. Gen. Stat. ? 46b-84. The fact that the children received money from a paternal family trust fund did not relieve the mother from a support obligation.

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Laqueux v. Metro. Dist., CV030822303, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 3, 2005, Filed
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Overview: Because the court decided that there was no genuine issue of fact pertaining to responsibility of a metropolitan water district commission (MDC) to repair a ruptured pipe on its customer's property, the court granted the MDC's motion for summary judgment against a homeowner who sued the MDC for damages caused by his neighbors' water pipe rupturing.

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Nelson v. Vitale, CV020078604S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, February 3, 2005, Decided , February 3, 2005, Filed
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Overview: Because the original action arose out of a car accident and neither a judge nor a clerk, who were the subject of a refiled counterclaim, were involved in the action, the counterclaim was improper under Conn. Gen. Prac. Book, R. Super. Ct. ? 10-10.

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Peters v. Borough of Naugatuck, CV03083870, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, February 3, 2005, Decided , February 3, 2005, Filed
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Overview: Injured pedestrian's complaint seeking damges for injuries sustained when she tripped over a stake protruding from a public walkway alleged a "defective highway"; therefore, her exclusive remedy against a borough was under Conn. Gen. Stat. ? 13a-149, and she could not circumvent statute by pleading a nuisance.

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