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   State Courts - Connecticut - March 12, 2004

  
Bostick v. Carr, FA030400539S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 12, 2004, Filed
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Overview: A court granted sole legal custody to mother, visitation to father, and other relief for parents' two minor children; parents had never been married to each other and their hostility to each other made a joint legal custody award inappropriate.

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Cardoza v. Cardoza, FA990362936S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 12, 2004, Filed
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Overview: Based upon a father's voluntary payment of the college education costs for two children, his request for a downward deviation was appropriate; the voluntary payment was an equitable factor that warranted a deviation.

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Conn. Auto. Coverage, Inc. v. Am. Int'l Group, X01CV020172539S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, March 12, 2004, Decided , March 12, 2004, Filed
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Overview: As plaintiff had no reason other than forum shopping to ignore parties' contract's venue selection clause, court did not require strict adherence to technical pleading deadline, and dismissed counts in plaintiff's complaint based on that contract.

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Conn. Constitution Assocs., LLC v. Dimauro, HDSP123245, H1253, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, HOUSING SESSION AT HARTFORD, March 12, 2004, Decided , March 12, 2004, Filed
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Overview: A motion to dismiss a claim regarding non-payment of rent was denied because the notice to quit possession was not rescinded, nor invalidated by the landlord's mailing of the statement to the tenant. The tenancy was not reinstated.

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Connolly v. Bd. of Zoning Appeals, CV030400861S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 12, 2004, Decided , March 12, 2004, Filed
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Overview: Property buyer was precluded from seeking setback variances on property he purchased with knowledge of the existing setbacks; the fact that he chose to build a home that could not comply with the setbacks was a hardship of the buyer's own making.

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Feldman v. Ramos-Rico, CV020817136, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, March 12, 2004, Decided , March 12, 2004, Filed
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Overview: Where a "candle" purchased from a husband and his wife exploded, the individual sustained her burden of proving that the husband and his wife had been negligent for failing to investigate the device before selling it.

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Field v. AT&T Corp., CV030827266S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, March 12, 2004, Filed
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Overview: Based on phone service provider's customer service agreement's arbitration clause, federal preemption, and public policy favoring arbitration, court granted provider's motion to compel arbitration and to stay customer's contract and tort suit.

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Franklin v. Murray, X01CV010170608S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, March 12, 2004, Decided
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Overview: Hospital's summary judgment motion in a medical malpractice action was denied; the issue of whether an anesthesiologist was an apparent agent of the hospital during a heart surgery could not be determined pursuant to a summary judgment motion.

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Imp. Tire, Inc. v. Mihalick, CV030827813S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, March 12, 2004, Filed
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In re Eric A., CP01003620A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, March 12, 2004, Decided
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Overview: Parental rights were terminated with respect to a father who was incarcerated for seriously injuring his child; although the mother had not fully cooperated, her rights were not terminated, and she was required to meet specified requirements.

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