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   State Courts - Connecticut - February 6, 2007

  
ABC Printing, Inc. v. A&A Office Sys., Inc., CV065005501S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Motion to dismiss CUTPA claim based on three-year statute of limitations in Conn. Gen. Stat. § 42-a110g(f) was denied because application would have been unfair to bar the claim, especially in light of the fact that CUTPA was an ameliorative statute; customer would not have known copy store was overcharging until the customer received the bills.

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Altus Group v. Bldg. Tech. Eng'rs, Inc., CV044000029, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: An energy management service (EMS) company was entitled to reasonable rates for services performed for a building technology engineering (BTE) company because, inter alia, the parties entered into an oral contract, the EMS company undertook extensive efforts at the BTE company's request, and the Statute of Frauds did not apply.

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Bryant v. Comm'r of Corr., AC 26513, APPELLATE COURT OF CONNECTICUT, February 6, 2007, Officially Released
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Overview: Denial of commissioner of correction's petition for certification to appeal was reversed as inmate was not denied effective assistance of counsel under Sixth Amendment and Conn. Const. art. I, § 8 since counsel did not offer four witnesses because he did not want to introduce possibility that gun was involved, and subject inmate to higher sentence.

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Chamberland v. LaBonte, AC 25799, APPELLATE COURT OF CONNECTICUT, February 6, 2007, Officially Released
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Overview: In an action filed under Conn. Gen. Stat. § 31-293a, because an employee was not injured as a result of a fellow employee's operation of a motor vehicle, specifically, a garbage truck, but from the movement of an external hopper, the fellow employee was properly granted summary judgment as to the issue of his liability for the employee's injuries.

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DePrimo v. Chiarelli, CV010454691, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 6, 2007, Decided , February 6, 2007, Filed
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Farrell-Williams v. Williams, AC 26927, APPELLATE COURT OF CONNECTICUT, February 6, 2007, Officially Released
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Overview: Because the court found a husband had a much greater earning capacity than did the wife and there was no support for the argument that the court did not take into consideration all the Conn. Gen. Stat. § 46b-81 criteria in its distribution of assets, the award of the marital home to the wife, and weekly alimony of $ 1200 was affirmed.

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Friezo v. Friezo, SC 17456, SUPREME COURT OF CONNECTICUT, February 6, 2007, Officially Released
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Overview: On appeal, a prenuptial agreement was held enforceable since the ex-husband proved that he fairly and reasonably disclosed his assets and the ex-wife acknowledged that she had actual knowledge of the ex-husband's financial circumstances when she signed the agreement, she had several days to examine the agreement, and sought counsel to do so.

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Galullo v. Humana Marketpoint, Inc., CV065003830S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 6, 2007, Filed
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Goss v. Bella Notte of W. Hartford, Inc., AC 27398, APPELLATE COURT OF CONNECTICUT, February 6, 2007, Officially Released
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Overview: Absent notice of defenses, entry of default conclusively determined liability, leaving determination of damages as only issue. Plaintiff alleged sufficient material facts to support a judgment against a restaurant and the trial court improperly disregarded the default in rendering judgment for the restaurant in plaintiff's negligence action.

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Gray v. Comm'r of Corr., AC 25801, APPELLATE COURT OF CONNECTICUT, February 6, 2007, Officially Released
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Overview: Any personal observation included in trial court's decision denying habeas relief was an expression of sympathy and not objective, legal conclusion. By basing its decision on probable findings of reasonable jury, trial court properly found that inmate was not prejudiced by counsel's mistake in pressuring the inmate to plead nolo contendere.

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