simple claim in Connecticut

1969The simple inquiry is, what is the contract? and has the plaintiff performed his part of it?’ Zaleski v. Clark, 44 Conn. 218, 223 .” Continental Copper & Steel Industries, Inc. v. Bloom, 139 Conn. 700, 704 .

1953The simple inquiry is, what is the contract? and has the plaintiff performed his part of it?” Zaleski v. Clark, 44 Conn. 218, 223 ; see 3 Corbin, Contracts, § 541.

2022The purpose of such notice and hear- ing is to provide the person an opportunity to clear his name . . . .’’ (Citation omitted; internal quotation marks omitted.) Hunt v. Prior, 236 Conn. 421, 441 , 673 A.2d 514 (1996). ‘‘However, under Paul v. Davis, [ 424 U.S. 693 , 710–12, 96 S. Ct. 1155 , 47 L.

2022The purpose of such notice and hear- ing is to provide the person an opportunity to clear his name . . . .’’ (Citation omitted; internal quotation marks omitted.) Hunt v. Prior, 236 Conn. 421, 441 , 673 A.2d 514 (1996). ‘‘However, under Paul v. Davis, [ 424 U.S. 693 , 710–12, 96 S. Ct. 1155 , 47 L.

2022The purpose of such notice and hear- ing is to provide the person an opportunity to clear his name . . . .’’ (Citation omitted; internal quotation marks omitted.) Hunt v. Prior, 236 Conn. 421, 441 , 673 A.2d 514 (1996). ‘‘However, under Paul v. Davis, [ 424 U.S. 693 , 710–12, 96 S. Ct. 1155 , 47 L.

2022The purpose of such notice and hear- ing is to provide the person an opportunity to clear his name . . . .’’ (Citation omitted; internal quotation marks omitted.) Hunt v. Prior, 236 Conn. 421, 441 , 673 A.2d 514 (1996). ‘‘However, under Paul v. Davis, [ 424 U.S. 693 , 710–12, 96 S. Ct. 1155 , 47 L.

2010Second Circuit decisions, however, “although often persuasive, are not binding on this court . . . .” Chapman Lumber, Inc. v. Tager, 288 Conn. 69 , 89 n.24, 952 A.2d 1 (2008). 10 Practice Book § 43-10 provides in relevant part: “Before imposing a sentence or making any other disposition after the acceptance of a plea of guilty . . . the judicial authority shall . . . conduct a sentencing hearing as follows: “(1) The judicial authority shall afford the parties an opportunity to be heard and, in its discretion ... to explain or controvert the presentence investigation report . . . “(2) The judic

2010Second Circuit decisions, however, “although often persuasive, are not binding on this court . . . .” Chapman Lumber, Inc. v. Tager, 288 Conn. 69 , 89 n.24, 952 A.2d 1 (2008). 10 Practice Book § 43-10 provides in relevant part: “Before imposing a sentence or making any other disposition after the acceptance of a plea of guilty . . . the judicial authority shall . . . conduct a sentencing hearing as follows: “(1) The judicial authority shall afford the parties an opportunity to be heard and, in its discretion ... to explain or controvert the presentence investigation report . . . “(2) The judic

1999See Bunkley v. Commissioner of Correction, supra, 454 ; Sekou v. Warden, 216 Conn. 678, 690 , 583 A.2d 1277 (1990). “[T]he burden that the petitioner must sustain for a favorable outcome on his ineffective assistance of counsel claim is a higher one than he would have had to sustain had the actual merits of the same issue been raised on direct appeal.” Valeriano v. Bronson, 209 Conn. 75, 87 , 546 A.2d 1380 (1988).

1999See Bunkley v. Commissioner of Correction, supra, 454 ; Sekou v. Warden, 216 Conn. 678, 690 , 583 A.2d 1277 (1990). “[T]he burden that the petitioner must sustain for a favorable outcome on his ineffective assistance of counsel claim is a higher one than he would have had to sustain had the actual merits of the same issue been raised on direct appeal.” Valeriano v. Bronson, 209 Conn. 75, 87 , 546 A.2d 1380 (1988).

1999See Bunkley v. Commissioner of Correction, supra, 454 ; Sekou v. Warden, 216 Conn. 678, 690 , 583 A.2d 1277 (1990). “[T]he burden that the petitioner must sustain for a favorable outcome on his ineffective assistance of counsel claim is a higher one than he would have had to sustain had the actual merits of the same issue been raised on direct appeal.” Valeriano v. Bronson, 209 Conn. 75, 87 , 546 A.2d 1380 (1988).

1999See Bunkley v. Commissioner of Correction, supra, 454 ; Sekou v. Warden, 216 Conn. 678, 690 , 583 A.2d 1277 (1990). “[T]he burden that the petitioner must sustain for a favorable outcome on his ineffective assistance of counsel claim is a higher one than he would have had to sustain had the actual merits of the same issue been raised on direct appeal.” Valeriano v. Bronson, 209 Conn. 75, 87 , 546 A.2d 1380 (1988).

1999Although CT Page 5202 facts that establish a breach of contract claim may be sufficient to establish a CUTPA violation, Lester v. Resort Complands International, Inc., 27 Conn. App. 59 , 71 , 605 A.2d 550 (1992), many superior courts have held that a simple claim of breach of contract is not sufficient to give rise to a CUTPA violation, particularly where the complaint simply incorporates by reference the breach of contract claim and does not set forth how or in what respect the defendant's activities are either immoral, unethical, unscrupulous, or offensive to public policy.

1999Although CT Page 5202 facts that establish a breach of contract claim may be sufficient to establish a CUTPA violation, Lester v. Resort Complands International, Inc., 27 Conn. App. 59 , 71 , 605 A.2d 550 (1992), many superior courts have held that a simple claim of breach of contract is not sufficient to give rise to a CUTPA violation, particularly where the complaint simply incorporates by reference the breach of contract claim and does not set forth how or in what respect the defendant's activities are either immoral, unethical, unscrupulous, or offensive to public policy.

1998For example, on the question of typicality, in Long v. Thornton Township High School, 82 F.R.D. 186 (N.D.

1994Avonside, Inc. v. Zoning Planning Commission , 153 Conn. 232 , 239 , 215 A.2d 409 (1965).

1994Avonside, Inc. v. Zoning Planning Commission , 153 Conn. 232 , 239 , 215 A.2d 409 (1965).

1990"The simple requirement of the rule, with its provision for notice, is not as onerous as those imposed in most other jurisdictions, a majority of which require that all persons who have or claim an interest in the subject matter of an action for a declaratory judgment or who may be affected by the result must actually be joined as necessary parties." Benz, 154 Conn. at 78 .

1990"Where. . . [persons having a direct interest in the subject matter of the action] are reasonably within the reach of process and are not so numerous that it would impose an unreasonable burden on the plaintiff they should be made parties; but if they or some them are not reasonably available for service or to summon them or all of them into the action would put upon the plaintiff a burden he ought not fairly to be asked to assume, the provision for reasonable notice applies." Benz, 154 Conn. at 78 ; see Tucker v. Maher, 192 Conn. 460 , 470 (1984).

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1986In reviewing such a claim, we construe the evidence presented in the light most favorable to sustaining the verdict; State v. Braxton, 196 Conn. 685, 691 , 495 A.2d 273 (1985); State v. Cimino, 194 Conn. 210, 211 , 478 A.2d 1005 (1984); and then determine whether “ ‘the jury could have reasonably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.’ ” State v. Braxton, supra, quoting State v. Stepney, 191 Conn. 233, 255 , 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084 , 104

1969The simple inquiry is, what is the contract? and has the plaintiff performed his part of it?’ Zaleski v. Clark, 44 Conn. 218, 223 .” Continental Copper & Steel Industries, Inc. v. Bloom, 139 Conn. 700, 704 .

1969It is beyond the province of courts to substitute terms for those made by the parties to a contract, or to supply terms that have not been agreed upon. “ ‘ [T]he courts do not make a contract for the parties’ ”; 3 Corbin, Contracts § 541, p. 94; or “rewrite their contract.” In re Estate of Cohen, 23 Ill.