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   State Courts - Connecticut - July 15, 2008

  
Johnson v. Kler, CV065001498S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY AT WATERBURY, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: Expert's fee schedule of $3,000 for one hour preparation and two hours of deposition was not reasonable under Conn. Gen. Prac. Book, R. Super. Ct. ? 13-4. A reduced fee of $675 for the each of the deposition hours and $524 for deposition preparation was ordered.

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Krauss v. Arroyo, CV085007689S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, July 15, 2008, Filed
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Overview: Though the detainees failed to provide credible evidence of economic loss or damage, they credibly described severe emotional distress caused by the conduct. Thus, they established that there was probable cause to sustain the validity of their cause of action for intentional infliction of emotional harm.

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LaGrua v. LeBouthillier, CV055001234S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: Because an owner's evidence and expert testimony was more credible than a roofer's that a reroofing job was not done properly, the owner and her insurer were entitled to a judgment in their favor for the damages to the owner's home and a sofa caused by leaks in the roof.

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Lawendy v. Conn. Bd. of Veterinary Med., AC 27830, APPELLATE COURT OF CONNECTICUT, July 15, 2008, Officially Released
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Overview: Judgment that a veterinarian was not negligent under Conn. Gen. Stat. ? 20-202(2) was reversed and remanded with direction to deny the veterinarian's appeal because proof of actual evidence of injury to an animal was not required for a finding of negligence and substantial evidence of negligence existed.

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Loring v. Planning & Zoning Comm'n, SC 17886, SC 17887, SUPREME COURT OF CONNECTICUT, July 15, 2008, Decided
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Overview: Planning and zoning commission's denial of site plan application was erroneous as, inter alia, commission's conclusory statement that video preview booths were not permitted use could not serve as a reason for denying application for adult book and video store, and inadequate parking, commission's reason for denial, was not supported by evidence.

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Malerba v. Conn. State Emples. Ret. Comm'n, HHBCV064011383, HHBCV064011500, HHBCV064011904, HHBCV074014026, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: Connecticut State Employees Retirement Commission erred in rejecting retirees' petitions seeking declaratory rulings concerning the applicability of the final, prorated longevity payment provided in Conn. Gen. Stat. ? 5-213. A supreme court holding that the Commission had to include they payment in the base salary calculation applied retroactively.

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Massey v. Town of Branford, X10UWYCV074015543S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY AT WATERBURY, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: Town and its officials were granted summary judgment when taxpayers filed a tax assessment appeal because the action was barred by res judicata as the taxpayers had sued the town and its officials in a prior action regarding the assessment of the taxpayers' property for certain years, and the taxpayers lacked standing to pursue their claims.

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Minichino v. Minuit, AC 28412, APPELLATE COURT OF CONNECTICUT, July 15, 2008, Officially Released
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Overview: The judgment of the trial court in a quiet title action that a trustee was the owner of and held title to the real property at issue was affirmed because the factual findings of the trial court were not clearly erroneous. The court reviewed the evidence and testimony before it and accordingly found that the trustee held the title to the properties.

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Newsome v. Comm'r of Corr., AC 28943, APPELLATE COURT OF CONNECTICUT, July 15, 2008, Officially Released
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Overview: Inmate's appeal was dismissed because the inmate failed to prove that the habeas court abused its discretion in denying the inmate's petition for certification to appeal with respect to the inmate's claims that the trial court denied the inmate due process of law by improperly admitting evidence.

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Nodoushani v. S. Conn. State Univ., NNHCV084030030S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 15, 2008, Decided, July 15, 2008, Filed
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Overview: Motion to dismiss was granted as breach of contract claim against university and tortious interference claim against provost, in official capacity, failed as there was no cite to statute by which State consented to be sued. Professor did not obtain permission to sue from Connecticut Claims Commissioner under Conn. Gen. Stat. ? 4-142.

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