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   State Courts - Connecticut - August 5, 2008
  
Kennedy v. Kennedy, AC 27274, AC 28217, APPELLATE COURT OF CONNECTICUT, August 5, 2008, Officially Released
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Overview: Husband's appeal of order limiting visitation with daughters to one supervised hour was dismissed because judge's subsequent order expanding amount of time husband could visit daughters superseded order appealed from and rendered the appeal moot. Appeal from order appointing counsel for daughters was dismissed due to lack of final judgment.

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Lussier v. Pomfret Inland Wetlands, CV074006358S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM AT WILLIMANTIC, August 5, 2008, Decided, August 5, 2008, Filed
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McCann v. Dep't of Envtl. Prot., SC 18102, SUPREME COURT OF CONNECTICUT, August 5, 2008, Officially Released
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Overview: Order vacating arbitration award was reversed because award did not violate Conn. Gen. Stat. ? 52-418(a)(3) and (a)(4). Arbitrator did not exceed his authority in excluding evidence, erroneous fact findings were not the basis for decision that employee's termination was for just cause, and decision was not in manifest disregard of the law.

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Miller v. Miller, FA960333174S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD AT BRIDGEPORT, August 5, 2008, Decided, August 5, 2008, Filed
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Overview: Because there was no mutual mistake and because there was no contradiction between the parties' separation agreement and a domestic relations order, the wife's Conn. Gen. Stat. ?? 46b-86(a), 52-212a, and Conn. Gen. Prac. Book, R. Super. Ct. ? 17-4 motions to reopen the judgment of divorce and to correct the order were denied.

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NY Urban Real Estate Invs., Inc. v. Hillside Acquisition, LLC, CV085002430S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM AT WILLIMANTIC, August 5, 2008, Decided, August 5, 2008, Filed
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Overview: Because the waiver of a jury trial was in bold print and in a separate paragraph of a promissory note, and because the waiver language was very broad--covering any action, proceeding, or counter claim, whether in contract, tort, or otherwise, relating directly or indirectly to the loan--the borrowers waived their right to a jury trial.

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Office of Labor Rels. v. New Eng. Health Care Emples. Union, Dist. 1199, SC 17962, SUPREME COURT OF CONNECTICUT, August 5, 2008, Officially Released
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Overview: An arbitrator exceeded her authority under Conn. Gen. Stat. ? 52-418(a)(4) in rendering a prospective award that affected an entire bargaining unit because the award necessarily fell outside the scope of a restricted arbitration submission that asked the arbitrator to resolve an issue pertaining to three individual grievants.

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Precision Mech. Servs. v. T.J. Pfund Assocs., AC 27489, APPELLATE COURT OF CONNECTICUT, August 5, 2008, Officially Released
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Overview: Genuine issues of material fact precluded summary judgment in favor of an insurance agent and a broker in an insured's breach of contract and negligence suit because the insured presented evidence, which could lead a trier of fact to conclude that an ongoing agency relationship persisted after the insured obtained a general liability policy.

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Ricketts v. Ricketts, FA084036526, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, August 5, 2008, Decided, August 5, 2008, Filed
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Overview: Because the residency requirements of Conn. Gen. Stat. ? 46b-44 had not been met, because a wife had insufficient contacts with Connecticut for the exercise of personal jurisdiction over her, and because New Jersey was an available alternative forum to litigate the dissolution of the parties' marriage, the wife's motion to dismiss was granted.

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State v. Diaz, AC 28177, APPELLATE COURT OF CONNECTICUT, August 5, 2008, Officially Released
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Overview: Defendant was properly convicted of illegal possession of drugs and firearm since evidence supported defendant's constructive possession of contraband at his residence, exculpatory statement was properly excluded as unreliable hearsay, and any illegality of initial sweep search of residence did not render illegal subsequent search with warrant.

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State v. Haywood, AC 26648, APPELLATE COURT OF CONNECTICUT, August 5, 2008, Officially Released
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Overview: Evidence sufficiently supported defendant's felony murder conviction in violation of Conn. Gen. Stat. ? 53a-54c and conviction for attempt to commit robbery in first degree as an accessory pursuant to Conn. Gen. Stat. ? 53a-8, Conn. Gen. Stat. ? 53a-49, and Conn. Gen. Stat. ? 53a-134, as State proved substantial step was taken to complete robbery.

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