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   State Courts - Connecticut - February 10, 2005

  
Krauss v. Krauss, FA010123272S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 10, 2005, Decided , February 10, 2005, Filed
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Overview: A magistrate was without authority to award child support to a father or to reduce the father's child support obligation because the only motion present before the court was that of contempt, which was filed by the mother because the father was in arrears with his child support payments.

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Maile v. Webster Bank, N.A., CV040527763, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 10, 2005, Decided
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Overview: Because a limited liability company was the proper party to bring suit in regard to an unauthorized withdrawal from its account, and the suit was filed by the member individually, who did not meet the statutory criteria established in Conn. Gen. Stat. ?? 34-134, 34-186 and 34-187, the member lacked standing and the court lacked jurisdiction.

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Mazureck v. Great Am. Ins. Co., (X02)CV010177433S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 10, 2005, Decided
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Overview: Scaffold dealer's motion for summary judgment in a worker's injury action was granted; duty to warn claim was barred by exclusivity rule in Conn. Gen. Stat. ? 52-572n, and the dealer had no duty of care towards the worker where they were not in privity and the worker's fall from ladder placed on scaffold was not reasonably foreseeable.

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O'Brien v. Daly, CV044000580, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 10, 2005, Decided , February 10, 2005, Filed
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Overview: Because the court followed the majority view which only required the injured person to make the general allegations mentioned in Conn. Gen. Stat. ? 14-295, the injured person sufficiently pled entitlement to multiple damages under ? 14-295. However, she did not set out sufficient facts for common law recklessness.

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Olesen v. Olesen, FA030127958, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 10, 2005, Decided , February 10, 2005, Filed
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Overview: The parties' marriage was dissolved. Because the court was not persuaded that the wife willfully failed to pay any unreimbursed medical expenses and child care expenses that were presented to her, the contempt motion was denied.

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Olson v. Olson, FA980488054S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 10, 2005, Decided
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Sherman v. Axelrod, File No. CV-03 0100718, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 10, 2005, Decided , February 10, 2005, Memorandum Filed
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Overview: Trial court had no authority to overrule an injured party's objection to a doctor chosen by property owners for an examination pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 13-11, and the injured party was ordered to produce possible alternative doctors to perform the examination.

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Simmons v. Bottass, FA000082281, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 10, 2005, Filed
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Overview: A court denied a mother's motion for contempt for a father's failure to pay child support after the parenting arrangement of the parties' three children was modified because the evidence did not establish by clear and convincing evidence that the father's failure to pay was wilful.

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Stuart v. Stuart, X08CV020193031, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 10, 2005, Decided , February 10, 2005, Filed
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Overview: After the successful litigation of a claim under the Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. ? 42-110a et seq., two individuals were awarded 15 percent of attorneys fees under Conn. Gen. Stat. ? 42-110g(d) because that was the amount of time spent on CUTPA-related issues.

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Wachovia Bank v. Smith, CV040199332S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 10, 2005, Filed
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Overview: First mortgagee had a right under Conn. Gen. Stat. ? 37-1 to accrual of post-judgment interest at legal rate. Even though 53 days passed between deposit of foreclosure sales proceeds with court and motion for determination of priorities, the buyer had not established that accrual of interest claimed by first mortgagee would present an injustice.

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