CT Judicial Law Libraries' NewsLog

Appellate Opinion - Contract Law (October 2009)

Dowd, Jeffrey — Mon, 09 Nov 2009 19:03:38 GMT

Category: Contract Law Opinions

Body:

AC29332 - Keller v. Beckenstein ("On appeal, the plaintiffs claim that the court improperly granted (1) the motions for summary judgment because a genuine issue of material fact existed as to the first count as to whether the defendants were liable for a breach of contractual representations and warranties by commencing litigation against the plaintiffs, and (2) the motion to strike because the complaint sufficiently alleged a breach of the implied covenant of good faith and fair dealing and a violation under the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq.")

Published: 11/9/2009 2:04 PM

Appellate Opinions - Workers' Compensation (October 2009)

Dowd, Jeffrey — Mon, 09 Nov 2009 18:59:16 GMT

Category: Workers’ Compensation Opinions

Body:

AC30147 - Diaz v. Pineda ("On appeal, the plaintiff claims that the board improperly (1) affirmed the commissioner’s findings that he was not entitled to temporary total disability benefits or additional medical treatment and (2) denied his motion to submit additional evidence.")

Published: 11/9/2009 1:52 PM

Supreme Court Advance Release Opinion - 11/09/09

Dowd, Jeffrey — Mon, 09 Nov 2009 17:59:06 GMT

Category: Recent Decisions;Contract Law Opinions

Body:

Marshall v. Sawicki SC18225 (Plaintiff retained defendant, a business broker to help him sell his catering business; fiduciary duty; ‘‘Did the Appellate Court properly conclude that the defendant did not provide an adequate record for review to determine whether the trial court had shifted the burden of proof to the defendant to prove fair dealing?’’)

Published: 11/9/2009 12:59 PM

Appellate Opinions - Land Use (October 2009)

Dowd, Jeffrey — Fri, 06 Nov 2009 21:54:41 GMT

Category: Land Use Opinions

Body:

AC29092 Red 11, LLC v. Conservation Commission (Statutory farming exemption to town inland wetlands regulations; "On appeal, the plaintiff claims that the court improperly (1) dismissed its appeals because the commission lacked jurisdiction to uphold the cease and desist orders, (2) dismissed the appeals because it misinterpreted the statutory limitations on the farming exemption contained in General Statutes § 22a-40 (a) (1) and (3) determined that there was sufficient evidence tosupport the commission’s decisions upholding the issuance of the cease and desist orders.")

AC29251 Cimino v. Zoning Board of Appeals (Denial of request for variances; "On appeal, the plaintiff claims that the court improperly found that (1) the parcel at issue was not a preexisting, nonconforming use, (2) the variances were denied properly because there was no hardship, (3) the property is not worthless without the variances and (4) the variances were not consistent with the town’s master plan of development.")

AC30051 Curran v. Zoning Board of Appeals (Variance; hardship; "On appeal, the plaintiff claims that the court improperly found that the record provides substantial evidence for a finding of hardship."

Published: 11/9/2009 10:49 AM

Advance Release Appellate Court Opinions - 11/09/09

Dowd, Jeffrey — Mon, 09 Nov 2009 15:23:46 GMT

Body:

Four Connecticut Appellate Court opinions are scheduled to be released today. See the Connecticut Judicial Branch website for the list of case names and links to the full text of the opinions. After today, the opinions will be available from the Appellate Court Archive .

Published: 11/9/2009 10:24 AM

CT Office of Legislative Research Reports

Yeltema, Karen — Thu, 05 Nov 2009 21:45:37 GMT

Category: FYI;Legal Research

Body:

The Office of Legislative Research (OLR) has issued the following reports:

Veterans' Property Tax Exemption - 2009-R-0348
You asked if military disability payments and military pension count as income for purposes of the veterans' property tax exemptions provided by law.
Acts Affecting Education
This report provides highlights of new laws affecting education enacted during the 2009 regular and special legislative sessions.
Acts Affecting Taxes
This report provides highlights of new laws affecting taxes enacted during the 2009 regular and special legislative sessions.
Motorcycle Noise in Maine - 2009-R-0393
You asked what Maine has done to reduce motorcycle noise.
Public College and University Foundations - 2009-R-0399
You asked for information on private foundations affiliated with public colleges and universities. You were specifically interested in funding sources and accountability. You also asked for a legislative history of the state's public college and university foundations.
Landscaper Licensing - 2009-R-0396
You asked for information on states that license landscapers, and the education, exam, and experience required to obtain such a license. You also requested samples of charges for licensing, regulations under which they are licensed, and any training required for the use of the equipment and products they use.
State Elderly Programs - 2009-R-0397
You asked for an update of OLR report 2009-R-0268 which describes state programs for the elderly.
Flu Vaccinations - 2009-R-0405
You asked several questions about flu vaccinations. Specifically you wanted to know: (1) the number of doses of and expenditures for H1N1 and seasonal flu vaccines, (2) if the Patriot Act permits the federal government to preempt state law when the President declares a national emergency, and (3) if anyone died from the swine flu vaccine administered in 1976.
Economic Development Coordinators - 2009-R-0378
You asked how many towns have full- or part-time economic development coordinators or specialists.
Issues in "Net Neutrality" Debate - 2009-R-0392
You asked for a brief discussion of the issues surrounding the “net neutrality” debate. The Congressional Research Service has published a background memo on net neutrality, which is available at www. fas. org/sgp/crs/misc/RS22444. pdf .
Machine-Readable Health Insurance Identification Cards - 2009-R-0376
You asked for information about machine-readable health insurance identification (ID) cards (e. g. , cards with bar codes that embed patient information that health care providers can access). Specifically, you asked if other states require such bar codes on ID cards.
Parenting Classes for Divorcing Couples - 2009-R-0407
You asked about parenting classes in Connecticut and surrounding states.

Published: 11/6/2009 11:07 AM

CT Office of Legislative Research Reports

Yeltema, Karen — Mon, 02 Nov 2009 18:46:51 GMT

Category: FYI;Legal Research

Body:

The Office of Legislative Research (OLR) has issued the following reports:

Legislative History of the Mashantucket Pequot Grant Formula - 2009-R-0387
You asked for a legislative history of the Mashantucket Pequot and Mohegan aid formula, including the original formula and subsequent legislative changes.
Terminating Federal Campaign Committees - 2009-R-0389
You want to know the purposes for which members of Congress may use surplus campaign funds when they wind down and terminate their campaign committee.
Body Armor and Connecticut Law - 2009-R-0401
You asked for a summary of Connecticut laws on body armor.
Bleeding Disorder Legislation - 2009-R-0400 You asked if Connecticut has implemented a standard of care for people with bleeding disorders such as that found in a Pennsylvania legislative proposal.
Acts Affecting Transportation
This report summarizes acts affecting transportation the legislature passed during the 2009 regular and special sessions. The report does not include acts that were vetoed unless the veto was overridden.
Comparison of Child Protection - 2009-R-0362 You asked us to compare Oklahoma's Kelsey Smith-Briggs Child Protection Reform Act with Connecticut's child protection laws.
High Efficiency Furnaces - 2009-R-0403
You asked whether newer, high efficiency furnaces operate at substantially higher temperatures than older furnaces, and if so whether they necessitate changes in the venting system in the homes in which they are installed.
Funding for Energy Initiatives - 2009-R-0402
You asked that we respond to two questions posed by a constituent. The constituent heard a radio advertisement that he believes was sponsored by an entity called “EIA” that explained how homeowners could convert from oil to natural gas or other types of heating. You want to know (1) what is EIA and (2) whether it is using public funds to distribute this message.

Published: 11/5/2009 4:31 PM

Supreme Court Advance Release Opinion - 11/4/09

Yeltema, Karen — Wed, 04 Nov 2009 14:10:26 GMT

Category: Recent Decisions;Criminal Opinions

Body:

State v. Grant - SC18177 (Attempt to commit robbery in the first degree in violation of §§ 53a-134 (a) (4) and 53a-49 (a); carrying dangerous weapon in violation of § 53-206; commission of class A, B or C felony with firearm, namely a BB gun, in violation of § 53-202k and sufficient evidence to support jury's finding of violation; mandatory five year term, "In support of his claim, the defendant contends that only a weapon that discharges a shot by gunpowder constitutes a firearm under General Statutes § 53a-3 (19)".)

Published: 11/4/2009 11:48 AM

Wednesday's Words: Gender Identity or Expression

Yeltema, Karen — Wed, 04 Nov 2009 15:09:32 GMT

Category: FYI;Legal Research

Body:

Today's term comes from the Criminal Jury Instructions Glossary of Terms:

Gender Identity or Expression: "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's assigned sex at birth.

Source: General Statutes § 53a-181i (2) (applies to §§ 53a-181j - 181l, Intimidation Based on Bigotry or Bias).

Published: 11/4/2009 10:11 AM

Advance Release Appellate Court Opinions - 11/4/09

Yeltema, Karen — Wed, 04 Nov 2009 14:09:18 GMT

Body:

Eight Connecticut Appellate Court opinions are scheduled to be released today. See the Connecticut Judicial Branch website for the list of case names and links to the full text of the opinions. After today, the opinions will be available from the Appellate Court Archive .

Published: 11/4/2009 9:06 AM

Pending Foreclosures By Sale - Listed by Town

Roy, Christopher — Mon, 02 Nov 2009 19:53:44 GMT

Category: FYI

Body:

The Connecticut Judicial Branch now publishes foreclosure auction notices online. The new web page lists, by town, pending foreclosures by sale.

Revisions to Foreclosure Standing Orders and Forms and New PDF Reference Guides (10/13/09)
Foreclosure Auction Notices to Be Posted Online (10/8/09)

Published: 11/3/2009 11:22 AM

Supreme Court Advance Release Opinion - 11/02/09

Yeltema, Karen — Mon, 02 Nov 2009 15:12:01 GMT

Category: Recent Decisions;Workers’ Compensation Opinions

Body:

Dinuzzo v. Dan Perkins Chevrolet Geo, Inc. - SC17869 (Workers' compensation; "The sole issue raised by this certified appeal is whether the Appellate Court properly reversed the decision of the compensation review board (board) upholding the decision of the workers’ compensation commissioner for the third district (commissioner), who awarded the plaintiff, Evana DiNuzzo, survivor’s benefits under General Statutes § 31-306 (a). The Appellate Court concluded that there were insufficient subordinate facts in the record to support the commissioner’s finding that the death of the plaintiff’s husband, James DiNuzzo (decedent), was causally related to a compensable injury and, therefore, that the plaintiff was not entitled to survivor’s benefits.")

Published: 11/2/2009 11:32 AM