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State Courts -
Connecticut - February 20, 2004
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Argueta v. Nationwide Mut. Ins. Co., CV020820009S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: Where an insured's allegations of bad faith were not supported by a factual basis establishing a general business practice, no private right of action existed under the Connecticut Unfair Insurance Practices Act.
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FDIC v. Owen, CV000374522S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: A trial court approved the FDIC's claimed attorney fees ($ 155,636 against a $ 550,000 property) based upon factors that included that the foreclosure was not normal; a strict foreclosure was found appropriate and a law date was set.
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Gavigan v. Comm'r of Revenue Servs., CV030519616S, CV030519924S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: Taxpayers, who declared that they had no personal income based on that declaration on their federal income taxes, did not meet their burden of showing that the Commissioner of Revenue Services was in error in taxing them.
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Hunt v. Pelliccia, CV030479776S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: Neighbors' motion to strike five counts of an action by property owners was granted; claims by the neighbors alleging zoning violations against the owners did not constitute negligent or intentional infliction of emotional distress.
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Lyman v. Lodrini, 545124,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: One real estate seller's motion to open default judgment and restore case to trial docket was denied, as she did not show underlying default judgment against her was obtained due to real estate broker's fraudulent nondisclosure of material fact.
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Lyman, Tyler, Inc. v. Lodrini, 545124,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: Where a trial court's evidentiary hearing resulted in a determination that a real estate listing contract was not one primarily for personal, family, or household purposes, the property seller was not entitled to attorneys fees.
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Martinez v. Silver, CV99362831S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: Injured person and spouse's post-trial motions were all denied, as evidence supported jury's determination as to damages, evidence did not show jury reached impermissible compromise verdict, and no other basis was shown for overturning verdict.
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Pavlo v. Slattery, CV030083541S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: Defendant was not entitled to a protective order because plaintiff's 123 requests for admissions were not unduly burdensome in the context of a residential construction case and they would limit the number of disputed issues to be tried.
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State v. Grant, HHDCR88342490T,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, GEOGRAPHICAL AREA 14 AT HARTFORD, February 20, 2004, Decided , February 20, 2004, Filed
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Overview: A trial court denied defendant's petition for writ of coram nobis based upon recantation of a murder trial witness; petition was filed more than three years after conviction and defendant did not prove that no other remedy was available.
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