Rhode Island Lawyers Weekly articles from April 2003

Rhode Island Lawyers Weekly archives from April 2003

Who Will Pay For The West Warwick Fire Tragedy?
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff The fire at The Station in West Warwick has left nearly 100 people dead and many others badly wounded -- and damage claims are likely to approach, if not top, $1 billion. So who's going to pay?...

Rhode Island Supreme Court Rules Agent Can Sue For Failure To Disclose Land Erosion.
April 7, 2003... Byline: Jason M. Scally A purchaser of a waterfront home could sue real estate agents for failure to disclose a severe erosion problem, the Rhode Island Supreme Court has ruled. The buyer claimed that the agents' failure to disclose...

R.I. Bar Association Petitions Court To Protect Confidential Assistance Committee.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 03-77-M.P. In re Rhode Island Bar Association: (Article V -- Rules of Professional Conduct): ORDER The Rhode Island Bar Association (the bar association) has...

Rhode Island Supreme Court Adopts Presumptive Sentences.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Adoption of Presumptive Sentences: ORDER In accordance with G.L. 1956 (2000 Reenactment) Sect. 12-19.3-2, the attached rules of the Superior Court, promulgated by a...

Ohio Lawyer Helps Sort Out Enron Bankruptcy.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff David B. Hathaway believes that his life operates in chapters -- an appropriate image for a bankruptcy lawyer. Hathaway's post-law-school chapter began in Ohio at Baker & Hostetler, a national...

Rhode Island Supreme Court Rules Accounting Malpractice Claim Is Time-Barred.
April 7, 2003... Byline: Correy E. Stephenson Real estate developers who relied upon a credit union's financial statements could not bring a third-party claim against the accounting firm that prepared the statements after the three-year limitations period...

U.S. Court of Appeals 1st Circuit Case Summaries: April 7, 2003.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Conspiracy To Distribute Marijuana Where a defendant, who pled guilty to a charge of conspiring to distribute large quantities of marijuana over an eight-year period, has now...

Rhode Island Supreme Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation Violation Where a defendant has appealed a judgment that he violated the terms of his probation, we find that the appeal must fail, as the trial judge (1) acted within...

Rhode Island Superior Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Appeal Of Human Rights Commission Rulings Where an appellant real estate broker seeks to challenge Human Rights Commission rulings finding him liable to an appellee based on...

U.S. District Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Assumption Of Leases - Cure Costs Where a U.S. Bankruptcy Court judge denied a request by creditors for payment of cure costs, we find no error and accordingly affirm that...

U.S. Supreme Court Case Summaries: April 7, 2003.
April 7, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys IOLTA Programs Mandatory IOLTA programs do not constitute an unconstitutional "taking" under the Fifth Amendment. Brown, et al et al. v. Legal Foundation of Washington...

Commentary: Meditation, Mediation, Marketing And Medication.
April 7, 2003... Byline: Stephen Seckler and Adam Narva Last year, I attended a workshop on stress management for lawyers. At the session, the presenter relayed the following anecdote. She had recently resigned from the partnership of a large firm in...

Rhode Island Supreme Court Rules Car-Accident Victims Can Sue Town Over Shrubs.
April 14, 2003... Byline: Bainbridge D. Testa A man involved in a car accident could sue the town for failure to trim roadside shrubs that might have caused the accident, the Rhode Island Supreme Court has ruled. In so ruling, the court also found that...

U.S. Court of Appeals 1st Circuit Case Summaries: April 14, 2003.
April 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Waiver Where (1) a state court action was filed against the defendants in 1996 and (2) in 2000, the defendants removed the case to U.S. District Court and sought to compel...

U.S. Magistrate Judges Case Summaries: April 14, 2003.
April 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Title IX Litigation Where plaintiffs (1) were the prevailing parties in Title IX litigation against defendant Brown University, (2) were awarded attorneys' fees and...

Rhode Island Family Court Administrative Orders: April 14, 2003.
April 14, 2003... Byline: Rhode Island Lawyers Weekly Staff RHODE ISLAND FAMILY COURT ADMINISTRATIVE ORDERNO. 2003-03 RE: SUMMONS PROCEDURE FOR WAYWARD/DELINQUENT PETITIONS IN THE RHODE ISLAND FAMILY COURT Commencing April 1, 2003, all...

Rhode Island Supreme Court Rules Worker Can't Sue To Get Position She Wanted.
April 14, 2003... Byline: Rhode Island Lawyers Weekly Staff A corrections officer who unsuccessfully petitioned her union when she failed to get a desired job could not later sue in court without specifically claiming that the union's actions amounted to...

Rhode Island District Court Case Summaries: April 14, 2003.
April 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Motor Vehicles Parking Violations - Default Where default judgments were entered against an appellant for five different parking violations, the judgments will be upheld because the...

Rhode Island Supreme Court Case Summaries: April 14, 2003.
April 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Labor Standing - No 'Unfair Representation' Claim Where (1) a plaintiff filed suit seeking a declaratory judgment under a collective bargaining agreement after the defendant union informed...

Verdicts and Settlements April 14, 2003: R.I. Attorney Secures $5M Settlement For Theater Fall.
April 14, 2003... Byline: Correy E. Stephenson A trusted structured settlement advisor and a lot of good fortune contributed to a swift, $5 million resolution in a claim against a local theater, according to the East Providence attorney who recently settled...

U.S. Court of Appeals 1st Circuit Case Summaries: April 21, 2003.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Filing False Income Tax Returns Where an individual has appealed her conviction for filing false income tax returns for 1993 and 1994, we hold that the conviction should stand....

Roger Williams University's School Of Law Finished Third In Annual Trial Lawyers' Competition.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Professor Larry J. Ritchie has been all smiles lately, but then who can blame him? After four days of competition against some of the largest law schools in the country, students from Roger...

Rhode Island District Court Case Summaries: April 21, 2003.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional Appointment Of Traffic Tribunal Magistrates Where (1) a defendant was found responsible on a number of motor vehicle charges by a magistrate and by the Appellate Panel of the...

U.S. Bankruptcy Court Case Summaries: April 21, 2003.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Claim Of Exemption - Workers' Compensation Settlement Where a bankruptcy court judge sustained an objection to a debtor's claim of exemption regarding a workers' compensation...

U.S. District Court Case Summaries: April 21, 2003.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Finder's Fee - Statute Of Frauds Where a plaintiff has filed a breach of contract action charging the defendant with failing to honor an agreement to pay the plaintiff a finder's...

U.S. Magistrate Judges Case Summaries: April 21, 2003.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Prisons Alleged Strip Searches - Statute Of Limitations Where two prisoners have filed suit alleging that they were strip searched by defendant prison personnel in violation of their Fourth...

Notices From U.S. District Court And R.I. Supreme Court.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND GENERAL ORDER #2003-01 REMOVAL OF CASES FROM STATE COURT When a case is removed pursuant to 28 U.S.C. Sect. 1446(a), the...

Rhode Island Supreme Court Denies Legal-Mal Case Where Suit Time-Barred.
April 21, 2003... Byline: Jason M. Scally A woman who was denied disability retirement benefits could not sue her lawyers for malpractice where the legal advice occurred after she had already been time-barred from receiving the benefits, the Rhode Island...

Rhode Island Supreme Court Rules Injured Worker Can't Sue For Faulty Lighting.
April 21, 2003... Byline: Correy E. Stephenson An employee could not sue the landlord of the building where she worked after she failed to turn on a light switch and fell down a pitch-black stairway while leaving work one night, the Rhode Island Supreme...

Federal Bench Gains New Prolific Member: Q&A With William E. Smith.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff William E. Smith comes to the federal bench with only five years' experience as a part-time judge in West Warwick's Municipal Court, but already he has established a reputation as both a prolific...

Women's Center of Rhode Island to honor Michael J. Chazen at its annual meeting and awards dinner.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff When the Women's Center of Rhode Island holds its annual meeting and awards dinner at the Providence Marriott on May 8, all eyes will be on a man in the audience. Attorney Michael J. Chazan,...

Rhode Island Supreme Court Case Summaries: April 21, 2003.
April 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Confirmation Of Award - 'Partiality' Issue Where a plaintiff moved to vacate an arbitration award, a judge acted permissibly in denying that motion and in confirming the award,...

State of Rhode Island Launches New Domestic Abuse Court.
April 28, 2003... Byline: Jeanne Greeley A specialized domestic violence court is set to launch this week in Family Court that will streamline an increasing caseload and call for more accountability on the part of defendants, which could mean more work for...

Rhode Island Commissioner of Education Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Education Residency Where evidence indicates that a student has lived only a few days with relatives in Coventry and has lived generally with his mother in West Warwick, we find that the...

Rhode Island Supreme Court Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Banks And Banking Guaranty - Jury Trial - Cross- Claim Where (1) the plaintiff Rhode Island Depositors Economic Protection Corporation, as assignee of the Rhode Island Central Credit Union,...

Rhode Island Ethics Commission Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Municipal Court Judge - Representation Of Private Clients Where the petitioner is a municipal court judge in Newport, it is our opinion that he is not barred by the...

R.I. Superior Court Judge Rules Cop Who Got Disease Can't Collect State Pension.
April 28, 2003... Byline: Bainbridge D. Testa A police detective who contracted an infectious disease while employed could not collect a state disability pension, a Superior Court judge has ruled. The police detective argued that he was entitled to an...

U.S. Bankruptcy Court Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Emergency Motion - Enforcement Of Automatic Stay Where the chapter 7 trustee has filed an emergency motion to enforce the automatic stay, asserting that attorney Keven McKenna...

U.S. Magistrate Judges Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion For Judgment As Matter Of Law Where two plaintiffs (1) filed a civil rights action alleging that the defendant prison official violated their Eighth Amendment rights...

R.I. Market More Stable Than Boston, Says Edwards & Angell Head Partner.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Though Edwards & Angell is Rhode Island's largest law firm, the partner-in-charge of E&A's Providence office sees the "regional" firm as more medium size. "I know we're huge by Rhode Island...

Rhode Island Workers' Compensation Court Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Average Weekly Wage - Per Diem Where an employee has suffered work-related injuries, the calculation of his average weekly wage should include a per diem paid by his...

R.I. Law Firm Little, Bulman Managing Partner Finds Certain Advantages To Being Smaller.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Little, Bulman, Medeiros & Whitney is tied for "last place" in Lawyers Weekly's annual survey of the largest law firms in Rhode Island -- which is just fine with managing partner Christopher H....

Rhode Island Supreme Court Denies Trial After Law Firm Defaults On Loan.
April 28, 2003... Byline: Correy E. Stephenson A lawyer who drafted the security agreement and personal guarantees for a loan she and her partners took out -- including a jury waiver -- was not entitled to a jury trial when the firm defaulted on subsequent...

Rhode Island Superior Court Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Retirement Accidental Disability Retirement Pension - Exposure To Infectious Disease Where the defendant Employees' Retirement System of Rhode Island has denied a plaintiff detective's...

U.S. Court of Appeals 1st Circuit Case Summaries: April 28, 2003.
April 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Restitution Obligation - Dischargeability Where plaintiff-debtors seek review of a decision issued by the Bankruptcy Appellate Panel for the First Circuit, we uphold the...