7/24/2008
McCann v. Dept. of Environmental Protection SC 18102
(Arbitration; application to vacate arbitration award; state issued laptop computer used for personal use; termination challenged via arbitration as per terms of collective bargaining agreement; whether trial court improperly determined that the arbitrator had: (1) failed to consider all relevant evidence in violation of § 52-418 (a) (3); (2)misconstrued the evidence and made factual errors; and (3) ‘‘exceeded [his] powers or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.’’ General Statutes § 52-418 (a) (4))
7/23/2008
Greater Haven Property Owners Assn. v. New Haven SC 17900
(Real property; standing; whether city had authority pursuant to General Statutes §7-148(c)(7)(a) to adopt ordinance requiring owners of residential properties to submit application for licensure by city and permitting city to obtain administrative warrant to compel inspections of rental units when tenants refused access to inspectors; whether ordinance violated plaintiff's rights to due process under federal and state constitutions; whether ordinance constitutes a taking without just compensation)
Earl B. v. Commissioner of Children & Families - SC18063
(Juvenile; mootness; whether juvenile who was convicted as delinquent and committed to the custody of the commissioner of children and families, under General Statutes § 46b-140 (j), is entitled to hearing pursuant to General Statutes § 17a-152 to challenge his continued placement at the Connecticut Juvenile Training School)
The Connecticut State Library's Public Acts and Special Acts and General Statutes of Connecticut page is a handy resource for finding out when Connecticut Public Acts became effective. For example, click on July 2008 to see all the public that became effective on July 1, 2008.
The page also includes links to subject indexes of the Public and Special Acts covering the years 1996 - 2007. The subjects/topics are sorted alphabetically and have direct links to the text of the public acts.
Eight Connecticut Appellate Court opinions will be released today. Visit the Connecticut Judicial Branch website after 11:30 a.m. for a list of case names and links to the full-text of the opinions. After today, the opinions will be accessible from the Appellate Court Archive. 7/22/2008
Volume 29 of American Law Reports, Federal, 2d has been received by many of our libraries. Below is the table of contents for this volume:
- Construction and Application of Federal Employers’ Liability Act (FELA), §§ 1 et seq., 45 U.S.C.A. §§ 51 et seq.---U.S. Supreme Court Cases
- Validity, Construction, and Application of Graves Amendment (49 U.S.C.A. § 30106) Governing Rented or Leased Motor Vehicle Safety and Responsibility
- Construction and Application of 8 U.S.C.A. §§ 1101(a)(42), 1158(b)(2)(A)(i), 1231(b)(3)(B)(i), Predecessor Statutes, and Applicable Regulations, Providing that Alien is Disqualified from Refugee Statue and Ineligible for Asylum or Withholding of Removal if Alien Ordered, Incited, Assisted, or Otherwise Participated in Persecution of Individual Because of Individual’s Race, Religion, Nationality, Membership in Particular Social Group, or Political Opinion
- Construction and Application of United States Sentencing Guideline § 4A1.3(b)(1), Providing Downward Departure Where Defendant’s Criminal History Category Substantially Overrepresents Seriousness of Defendant’s Criminal History or Likelihood That Defendant Will Commit Other Crimes
- Tolling of Time Period for Bringing Title VII Action Under § 706 of Civil Rights Act of 1964 (42 U.S.C.A. § 2000e-5(f)(1))---Based on Filings and Administrative and Court Proceedings
- Validity, Construction, and Application of § 514(a) of Uruguay Round Agreements Act, Codified at 17 U.S.C.A. § 104A, Restoring Copyright Protection to Certain Foreign Works That Had Fallen Into Public Domain
- Construction and Application of Electronic Signatures in Global and National Commerce Act (E-Sign Act), 15 U.S.C.A. §§ 7001 to 7006
- Who Must Keep or Maintain Recorded Information Within Meaning of 11 U.S.C.A. § 727(a)(3), or Predecessor Statutes, Which Deny Discharge in Bankruptcy Based on Debtor’s Concealment, Destruction, Mutilation, Falsification, or Failure to Keep or Preserve Recorded Information
- Preemptive Effect of Federal Aviation Administration Authorization Act, 49 U.S.C.A. §§ 14501(c), 41713(b)(4)
To determine whether a law library near you has an up-to-date set, contact your local law library or search our catalog for "American Law Reports Federal 2d." 7/21/2008
STATE BUILDING CODE - 2008-R-0428
You want to know (1) if there is a State of Connecticut basic building code, (2) what edition of the building code is currently being used in Connecticut and where it can be purchased, and (3) if local appeal boards may override local building officials' decisions.
You asked how civil courts compel witnesses to testify and what expenses are reimbursed.
Pond View, LLC. v. Planning and Zoning Commission - SC17878
(Zoning; standing; whether court lacks subject matter jurisdiction because the intervenors have raised only procedural issues and therefore do not have standing to bring this appeal as environmental intervenors pursuant to § 22a-19; whether intervenors have standing by virtue of having filed the protest petition in accordance with § 8-3 (b), which, they contend, created a personal and legal interest in, and made them ‘‘indispensable’’ parties to, the present action) 7/18/2008
State v. Griggs - SC18049 (Attempted murder; burglary first degree; robbery first degree; larceny first degree; larceny second degree; violation of probation).
The Judicial Branch has published the 4th edition of its Criminal Jury Instructions. The collection of instructions is searchable by keyword, and by a very handy Index by Statute. See The Criminal Jury Instructions homepage, the About this Edition page, and the Recent Changes notation for more information and access to the instructions. 7/16/2008
The Library of Connecticut Family Forms is due out in September. This soft cover book is described by the CT Law Tribune as including over 260+ sample documents and court forms in matters of Separation, Divorce, Child Custody, Visitation, and Domestic Violence. The forms run from initial summons through ADR, trial and relief. A CD is included for easy drafting and editing of Word documents.
The table of contents includes the following:
- Pleadings
- Financial Affidavits
- Discovery
- Pendente Lite Motions
- Other Pendente Lite Motions
- Restraining Orders, Injunctions & Pre-Return Date Relief
- Custody & Visitation
- Fees and Experts
- Extraordinary Relief
- Contempt
- Relief from Physical Abuse
- Wage Executions
- Trial, Judgment, Modification & Post-Judgments
- Miscellaneous Forms
Section 1983 Litigation, Second Edition analyzes the fundamental issues that arise in litigation under 42 U.S.C. § 1983, and the case law interpreting those issues. This edition contains new sections on jury instructions and the Rooker-Feldman Doctrine, new material on retaliatory prosecutions, and expanded coverage on jurisdiction. Research for this edition concluded with the October 2007 Supreme Court term and covers courts of appeals decisions reported through June 30, 2008.
Eleven Connecticut Appellate Court opinions will be released today. Visit the Connecticut Judicial Branch website after 11:30 a.m. for a list of case names and links to the full-text of the opinions. After today, the opinions will be accessible from the Appellate Court Archive. 7/15/2008
Lee S. Rosen's Tools of the Trade column is called "Lighten Up." It has a short six step technology audit for trimming back the amount of technology clutter at your firm.
Read about it in Family Advocate Summer 2008 Vol. 31 no. 1 page ii. Click here for this issue's table of contents. The following law libraries subscribe to Family Advocate: Middletown, New Haven, and Norwich.
Below is the table of contents:
"Recent Developments in Connecticut Conservatorship Law" ..... Kate McEvoy
"The Creation And Evolution of the Office of Connecticut Attorney General" .... Henry S. Cohn
"Navigating Connecticut's Marketable Record Title Act: A Roadmap for the Practitioner" .... Jonathan M. Starble
"Where Have All the Horses Gone? The Personal Property Tax and Connecticut's Underground Horse Industry" .... Donna Sims 7/14/2008
Stiffler v. Continental Ins. Co. - SC17761
(Insurance; action to recover underinsured motorist benefits for personal injuries sustained in motor vehicle accident; offer of judgment; collateral source reduction; remittitur; whether offer of judgment interest awarded pursuant to statute ([Rev. to 2005] § 52-192a [b]) is based on amount of damages awarded by jury verdict or by amount of trial court's judgment after reduction for remittitur and collateral source reduction; statutory interpretation; statutory (§ 38a-336 [b]) limitation on judgment amount in accordance with underinsured motorist coverage)
(Habeas corpus; ineffective assistance of counsel; application of presentence confinement credit; whether recalculation of presentence confinement credit by commissioner of correction violated petitioner's rights to due process and equal protection; inadequate record for review of petitioner's claim that recalculation of presentence confinement credit violated ex post facto clause of federal constitution) 7/11/2008
Rivers v. New Britain, SC17863 [dissent]
(Negligence; Sovereign Immunity; Municipalities; Whether City Ordinance Adopted Pursuant to General Statutes § 7-163a Relieves City of Liability for Fall on an Icy Public Sidewalk Where Property Abutting the Sidewalk is Owned by the State.)
Eight Connecticut Appellate Court opinions will be released today. Visit the Connecticut Judicial Branch website after 11:30 a.m. for a list of case names and links to the full-text of the opinions. After today, the opinions will be accessible from the Appellate Court Archive.
Washington v. Commissioner of Correction - SC18057 (Habeas; Due Process; Double Jeopardy; Application of Presentence Confinement Credits Under General Statutes § 18-98d.)
Loring v. Planning & Zoning Commission - SC17886, SC17887 [dissent] (Zoning; Whether Trial Court Improperly Substituted its Judgment for that of Defendant in Determining that Video Preview Booths Were "Customarily Incidental" to Property's Primary Use as Adult Video Store; Whether Trial Court Improperly Ordered Defendant to Approve Site Plan Application.)
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