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   State Courts - Connecticut - February 22, 2005

  
Kijek v. Westmore Fuel Co., CV040198723, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 22, 2005, Decided , February 22, 2005, Filed
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Overview: The fact that a former employee sought remedies under common law state claims that were not available under 29 U.S.C.S. § 1132(a)(1)(B) of the Consolidated Omnibus Reconciliation Act of 1986 (COBRA) did not deprive the state court of concurrent jurisdiction over the COBRA claim and that claim was not dismissed.

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Laccona v. Mallozzi, CV010186179, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 22, 2005, Decided , February 22, 2005, Filed
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Overview: Since the alleged property owners made a colorable claim that they had an equitable interest in the subject premises by reason of their paying for construction, paying for the homeowners' insurance, and their receipt of the proceeds of the insurance after the fire, the subcontractor's motion for summary judgment was denied.

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Madero v. People's Bank, X01CV030185488, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 22, 2005, Decided
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Overview: Allegations that bank discriminated against plaintiffs based on their Colombian origin and made false statements that they were involved in illegal money transfers stated claims under Conn. Gen. Stat. § 46a-66, for slander per se, for both intentional and emotional distress, and for tortious interference with a business expectation.

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Mozell v. Comm'r of Corr., (AC 24428), APPELLATE COURT OF CONNECTICUT, February 22, 2005, Officially Released
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Overview: Tactical decision made by petitioner's appellate counsel not to pursue issues on appeal, including the trial court's admission of evidence that a coconspirator possessed a gun, and denial of a motion to sever, fell within the wide range of reasonable professional assistance. The habeas court properly dismissed his habeas corpus petition.

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Mucci Constr., LLC v. Planning Comm'n, CV030403940, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 22, 2005, Filed
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Overview: Developers' motion to open and said aside a judgment dismissing their appeal from an order denying them a waiver of an underground utilities requirement was denied as said requirement was mandatory, the regulation had always been enforced, no practical difficulty existed in said denial, and the developers had the opportunity to address estoppel.

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Patel v. Singh, CV030406858S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 22, 2005, Filed
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Overview: Defendants' motion to strike was denied as to CUTPA claims as the owners' allegations that defendants converted lease payments and a lease on property stated a sufficient CUTPA claim, but the motion to strike was granted as to fraud claims as the owner failed to state with specificity any fraudulent acts by defendants.

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Pietruszka v. Machado, CV020099809, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 22, 2005, Decided , February 22, 2005, Filed
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Overview: A cross complaint asserting indemnification against two real estate agents was stricken upon the agents' motion because the cross complaint failed to alleged indemnification arising out of a contract and failed to show that completion of certain real estate disclosure forms was within the agents' exclusive control.

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Pitts v. DeCosta, (AC 24862), APPELLATE COURT OF CONNECTICUT, February 22, 2005, Officially Released
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Overview: Motion to amend a negligence complaint to add a statutory strict liability claim was properly denied because the motion was made after the close of all evidence and because it was unclear whether the statute would even apply, an issue that necessitated additional evidence and research.

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Rattet, Pasternak & Oliver, LLP v. Licata, CV040200556, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 22, 2005, Decided , February 22, 2005, Filed
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Overview: A New York default judgment was entitled to full faith and credit and a law firm's motion for summary judgment was granted since a former client did not file a counter affidavit asserting that the New York judgment was void for a reason such as lack of jurisdiction; rather the former client alleged facts that should have been presented in New York.

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Sadler-Levy v. Levy, FA030481454S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 22, 2005, Decided , February 22, 2005, Filed
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Overview: Physical custody of a 10-year-old daughter was awarded to a mother in a dissolution proceeding because it was in the best interest of the girl to reside with her mother and the father was granted more visitation than the guidelines provided to coincide with the mother's work schedule.

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