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   State Courts - Connecticut - February 24, 2005

  
Arrington v. State, CV030825061, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, February 24, 2005, Decided , February 24, 2005, Filed
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Overview: Where trial counsel failed to even contact witness who described a different truck than the one petitioner was driving, pretrial investigation was deficient representation under U.S. Const. amends. VI, XIV, and Conn. Const. art. 1, § 8, and was sufficiently prejudicial to warrant a new trial on conviction for negligent homicide with motor vehicle.

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Bebecki v. Carr, CV0404000878S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 24, 2005, Filed
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Overview: A seller established that the parties entered into a binding contract in regard to the sale of a house. Although the buyers attempted to alter the terms of the agreement, the seller did not accept the proposed changes. Thus, the seller established probable cause for breach of contract and a prejudgment remedy was entered for the seller.

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Blaskower v. Tennis Club of Trumbull, CV030406597S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 24, 2005, Filed
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Overview: Tennis club's motion to strike instructor's negligent infliction of emotional distress claim was not granted since she pleaded facts to prove she was independent contractor and not employee; claim was not limited to manner in which she was effectively terminated, but, rather, could also be based on club's acts before she was terminated.

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Fortier v. Hartford Roman Catholic Diocesan Corp., CV030475096, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 24, 2005, Decided , February 24, 2005, Filed
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Overview: Church member's motion to intervene in an action alleging sexual abuse by a priest was denied; the member's motion was based on a claim that church assets could not be used to pay damages based on abuse by a priest, and the fact that the member had made charitable contributions did not give him a significantly protectable interest in the assets.

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Green v. Gov't Emples. Ins. Co., CV040287116S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT MERIDEN, February 24, 2005, Decided , February 24, 2005, Filed
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Overview: Motion to strike individual's actions based on violations of the Connecticut Unfair Insurance Practices Act (CUIPA), Conn. Gen. Stat. § 38a-815 et seq., was granted; CUIPA did not authorize a private right of action and plaintiff failed to allege an improper general business practice sufficient to maintain a claim under CUIPA.

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Gregory v. Progressive N. Ins. Co., CV030826713, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 24, 2005, Decided , February 24, 2005, Filed
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Groth v. Sedgwick Claims Mgmt. Servs., CV040412211S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 24, 2005, Filed
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Overview: Workers' compensation insurance carrier's motion to dismiss was granted because the employee's claims, sounding in tort, could be addressed by the Connecticut Workers' Compensation Act, and the exclusivity provision of Conn. Gen. Stat. § 31-284(a) applied to the employee's lawsuit.

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Hubbell v. Hubbell, FA020465583, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 24, 2005, Filed
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Overview: Wife's motion pursuant to Conn. Gen. Prac. Book, R. Super. Ct. § 17-4 to open a divorce judgment was granted; the parties were mutually mistaken about the terms of an agreement which stated that the wife agreed to accept a small additional payout on the marital residence in exchange for giving up half of the husband's retirement annuity.

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Hudson United Bank v. Beacon Hill Bldg. Assocs., LLC, CV010382513, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 24, 2005, Decided , February 24, 2005, Filed
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Overview: Evidence was sufficient to show that the bank customer was unjustly enriched by the amount that its representative received after the representative deposited one check into the bank customer's account, received five checks in return, and the bank customer closed the account before the bank debited the account for the amount of the five checks.

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In re Arianna F. , N05CP02012755A, N05CP02012756A, N05CP02013763A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, JUVENILE MATTERS AT MIDDLETOWN, CHILD PROTECTIVE SERVICES, February 24, 2005, Decided , February 24, 2005, Filed
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Overview: Parental rights of respondents, a mother and father, were terminated pursuant to Conn. Gen. Stat. § 17a-112; an agency proved that the father abandoned the children and that the mother failed to achieve a degree of rehabilitation such that she would be able to assume a responsible position in the children's lives in a reasonable time.

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