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State Courts -
Connecticut - February 23, 2007
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Bacchiocchi v. Altschuler, CV064018253,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 23, 2007, Filed
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Overview: Although additional evidence was needed to determine if the parties' contracts complied with Conn. Gen. Stat. ?? 52-581, 52-550, which precluded the son's motion to strike, the mother's "severe financial distress and hardship" did not turn the son's breach of contract into a violation of CUTPA; therefore, the CUTPA claim could be struck.
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Baclaski v. D'Alessio, HHBCV065000697,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Although an owner's sleeping dog was not engaging in a vicious or mischievous act, it voluntarily fell asleep in a store's entry way; therefore, because a jury could find, pursuant to Conn. Gen. Stat. ? 22-357, that the customer's injuries were proximately caused by the dog, the owner was not entitled to summary judgment.
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Barker Steel Co. v. Waterbury Masonry, CV054016414S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Trial court denied alleged creditor's motion to strike, as title of alleged debtor's responsive pleading asserting action against alleged creditor was not controlling in alleged creditor's action to recover on a debt; facts pled indicated that alleged debtor was pleading a setoff pursuant to Conn. Gen. Stat. ? 52-139(a) rather than a counterclaim.
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Blackhawk Sec. v. Nolan, CV065002138S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Corporation's motion to strike police chiefs' special defense of immunity under Conn. Gen. Stat. ? 52-557n(b)(7) was denied as chiefs' decision that police officer, rather than flagger, would be present at construction sites was made under statutory grant of discretionary authority under Hampden, Conn., Ordinance ? 97.03, and was discretionary act.
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In re Melody L., H12CP02008534A, H12CP02008535A, H12CP02008536A, H12CP02008537A, H12CP02008921A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Termination of parental rights was in the best interests of five children, pursuant to Conn. Gen. Stat. ? 17a-112. An evaluator concluded that the mother accepted little responsibility for the children's mistreatment, and whatever insight she had gained through education and treatment had not translated to consistency in responsible parenting.
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Mellor v. Payne, FA010076477S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Because a mother's husband would be able to provide more financially if he accepted a new job and the family moved to Florida, it was in the best interests of the mother's child with the father under Conn. Gen. Stat. ? 46b-56d to allow the relocation; the child could be provided with extracurricular activities, among other things.
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Riley v. Ecostructures, LLC, CV054018887,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Although a home improvement contract between owners and contractors did not contain a cancellation provision, it did not violate the Home Improvement Act (HIA), Conn. Gen. Stat. ? 20-429, and could still be cancelled; since the HIA could not be used offensively against the contractors' special defenses, the owners' motion to strike was denied.
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