Rhode Island Lawyers Weekly articles from August 2006

Rhode Island Lawyers Weekly archives from August 2006

Labor law firm of Littler Mendelson urges companies to create pandemic preparedness plans.
August 7, 2006... Byline: Rhode Island Lawyers Weekly Staff With the World Health Organization reporting the first confirmed case of human-to-human transmission of the bird flu, and with the Congressional Budget Office warning that the virus could sicken 90...

Beneficiaries can sue in R.I. Superior Court despite 'probate exception'.(Burt v. Rhode Island Hospital Trust National Bank, Rhode Island)
August 7, 2006... Byline: Eric T. Berkman A deceased woman's beneficiaries could sue her estate's executors in Superior Court for breaching their fiduciary duty by selling her shares of corporate stock back to the company without first investigating their...

Proposed changes in R.I. to ease rules on attorney representation.(Rhode Island)
August 7, 2006... Byline: Noah Schaffer Lawyers call it "poisoning the well." It occurs when a party in a dispute -- such as a divorce case -- consults so many prospective attorneys that many of the potential firms that could be hired by the opposing...

U.S. Circuit Court of Appeals nixes three-month sentence for $5M fraud.(United States v. Thurston)
August 7, 2006... Byline: Jason M. Scally A lab executive's three-month sentence for Medicare fraud was too lenient in light of the fact that the sentencing guidelines recommended a 60-month sentence for his crime, the 1st U.S. Circuit Court of Appeals has...

R.I. Supreme Court amends MCLE requirements.
August 7, 2006... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Amendment to Article IV, Rule 3.2 of the Supreme Court Rules (MCLE Exemption for Character and Fitness Committee Members) ORDER Article IV, Rule 3.2 of the Supreme...

R.I. Superior Court Case Summaries: August 7, 2006.
August 7, 2006... Byline: Rhode Island Lawyers Weekly Staff Constitutional Sunday Motor Vehicle Law Where plaintiff car dealerships have challenged the validity of the Sunday Motor Vehicle Law, which prohibits auto sales on Sundays, the challenge...

1st U.S. Circuit Court of Appeals Case Summaries: August 8, 2006.
August 7, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Conspiracy to defraud Medicare - Sentencing Where (1) a defendant was convicted of conspiring to defraud Medicare of over $5 million, (2) the recommended sentence under the...

U.S. District Court Case Summaries: August 8, 2006.
August 7, 2006... Byline: Rhode Island Lawyers Weekly Staff Environmental Landfill - DEM's authority Where the plaintiff Rhode Island Resource Recovery Corporation seeks declaratory relief with respect to the defendant Rhode Island Department of...

A business tip from Professor Jay W. Lorsch, Harvard Business School.(Brief article)
August 7, 2006... Byline: Rhode Island Lawyers Weekly Staff In this feature, Lawyers Weekly's Noah Schaffer solicits pointers from attorneys, experts and others on various issues relating to the business of law. If you have a business tip to share, e-mail...

Commentary: Attitude is everything ... and empathy with the client is a must.(law practice)
August 7, 2006... Byline: Edward Poll There was an article in the Wall Street Journal recently entitled, "Teaching Doctors to Be Nicer." The thrust of the article was that medical schools have a "hidden curriculum," defined as "the negative messages...

Issuing an opinion on business from lawyers in R.I.(Rhode Island)
August 7, 2006... Byline: Rhode Island Lawyers Weekly Staff In this new Hearsay feature, Lawyers Weekly asks random lawyers about issues related to the business of law. "About 12 years ago I started a group of women lawyers who practice primarily in the...

'Beach Road' takes reader on mostly enjoyable ride.(Book review)
August 7, 2006... Byline: Alan S. Pierce "Beach Road"By James Patterson and Peter de JongeLittle, Brown, 2006390 pages; $27.95 As its title suggests, "Beach Road" by James Patterson and Peter de Jonge is perfect summer beach-reading. Patterson,...

Commentary: How to choose the right bank for your firm.
August 14, 2006... Byline: Edward Poll Not every lawyer can properly represent every client. Just as logically, not every bank is appropriate for every lawyer. Lawyers should look for a bank that can handle the needs of their firms as well as their personal...

Commentary: Information systems from a business perspective.
August 14, 2006... Byline: Rick Trilling In the business world, the systems in a company -- such as accounting and human resources -- are like machines that are set in motion to accomplish tasks necessary to allow that company to get on with its primary...

New $60-million Kent County Courthouse boasts top-notch technology and security.
August 14, 2006... Byline: Noah Schaffer Gone are the days of Kent County attorneys trying to hold private conversations with their clients in a very public hallway, or looking for constructive ways to kill an hour before a session starts. Among the many...

Bartering drugs for weapons is 'use' of firearms, rules 1st Circuit.
August 14, 2006... Byline: Eric T. Berkman A narcotics dealer who bartered heroin for guns "used" firearms in a drug-trafficking crime, making him eligible for a mandatory five-year sentence under federal law, the 1st U.S. Circuit Court of Appeals has ruled....

RI Superior Court rules no relief entitled on trespass claim for owner of airport parking lot.
August 14, 2006... Byline: David E. Frank A parking lot company was not entitled to relief on a trespass claim even after successfully voiding a public corporation's efforts to condemn a privately owned garage and take it by eminent domain, a Superior Court...

1st Circuit announces local conferences.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff UNITED STATES COURT FOR THE FIRST CIRCUIT OFFICE OF THE CIRCUIT EXECUTIVE CHIEF JUDGE BOUDIN ANNOUNCES LOCAL CONFERENCES FOR UNITED STATES COURTS FOR THE FIRST CIRCUIT On...

Kent County Courthouse issues telephone list.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff PHONE NUMBER - FLOOR CELL BLOCK822-6969BASEMENT BUILDING SUPERINTENDENT822-67051ST FLOOR CAPITOL POLICE CONTROL ROOM822-68551ST FLOOR DEPARTMENT OF THE ATTORNEY GENERAL822-68001ST...

R.I. Supreme Court Case Summaries: August 14, 2006.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff Elections Ballot questions - Repeal Where a Superior Court judge has concluded that the repeal of R.I.G.L. Sect. 17-5-2 applies to ballot questions transmitted by the Governor on May 3,...

Rhode Island State Ethics Commission Case Summaries: August 14, 2006.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town councilor - Ownership of property Where a member of the Narragansett town council owns property in the town that is the subject of a proposed development being...

Superior Court Case Summaries: August 14, 2006.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff Labor Petition for election - Contract bar Where the Rhode Island Labor Relations Board ruled that an existing collective bargaining agreement required the dismissal of a rival union's...

1st U.S. Circuit Court of Appeals Case Summaries: August 14, 2006.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Dismissal - Deadlines Where a medical malpractice complaint was dismissed as a sanction, the judge committed no abuse of discretion in light of the plaintiff's repeated...

U.S. District Court Case Summaries: August 14, 2006.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff Elections Constitutional amendment - Casino Where the plaintiffs (a disappointed casino developer and its municipal partner) are seeking an injunction prohibiting the defendant Secretary...

U.S. Magistrate Judges Case Summaries: August 14, 2006.
August 14, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Service of process Where two pro se plaintiffs have brought suit against certain defendants under 42 U.S.C. Sect. 1983 and Bivens v. Six Unknown Named Agents of the Federal...

Commentary: New mechanics' lien statute includes substantial changes.(Joseph A. Montalbano)
August 21, 2006... Byline: Girard R. Visconti Thanks to the efforts of Senate President Joseph A. Montalbano, the Senate adopted a resolution that created a special legislative commission to study the Rhode Island Mechanics' Lien Law. That resolution, in...

Providence attorney comes out ahead in casino ballot-question issue.(Lauren E. Jones' on casino and Celona cases)(Interview)
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff LAUREN E. JONES Providence Born: Jan. 10, 1952; Lawrence, Kan. Education: Duke University Law School (1977); University of Michigan (1973) Bar admission: 1978 Professional...

Commentary: I fought the blog, and the blog won.
August 21, 2006... Byline: David Yas Have you blogged recently? Have you been blogged? They sound like deeply personal questions, I know. But for those of you who have been in hyperbaric chambers for the last five years or so, blogging is the...

Commentary: Communications gaps that drive clients crazy.
August 21, 2006... Byline: Edward Poll I've written many times in this column that most disciplinary actions filed against lawyers are from their own unhappy clients. The majority of those complaints involve poor communication. Here are five common examples...

Nixon Peabody partner Joseph B. White named one of Providence Business News' "40 Under 40".
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff At 38, Nixon Peabody partner Joseph B. White has proven that experience doesn't necessarily come with age. In practice since 1992, this corporate transactional attorney has been named one of...

Rhode Island Bar Association hosts "Dinner with Floyd Abrams".(Brief article)
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff "Dinner with Floyd Abrams" Sponsor: Rhode Island Bar Association's Continuing Legal Education Department Wednesday, Sept. 27, 6 p.m. Crowne Plaza Hotel, 801 Greenwich Ave.,...

1st Circuit rules sentence improper post-'Booker'.(Timi Wallace)
August 21, 2006... Byline: David E. Frank A U.S. District Court judge who sentenced a defendant to nine years above the high end of the sentencing guidelines failed to conduct a proper analysis under the U.S. Supreme Court's 2005 ruling in U.S. v. Booker,...

1st Circuit rules fisherman can't collect after boat is involved in collision.(Commercial Union Insurance Cos. and Dean Pesante )
August 21, 2006... Byline: Eric T. Berkman A fisherman whose insurance agent misclassified his gill-net fishing vessel as a lobster boat, resulting in lower premiums, could not collect under his policy for losses suffered in a maritime accident, the 1st U.S....

RI Commissioner of Education Case Summaries: August 21, 2006.
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Residency - Minor living with sister Where a student, whose parents live in Mexico, is residing in Cranston with her sister in order to have the benefits of living in the United...

Superior Court Case Summaries: August 21, 2006.(Fred Carrozza Sr., Fred Carrozza Jr.)
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff Real property Trust - Partnership Where a dispute has arisen as to rights in a decedent's properties, I find that the evidence supports neither the plaintiffs' claim of a resulting trust...

1st U.S. Circuit Court of Appeals Case Summaries: August 21, 2006.(Levin, et al. v. Dalva Brothers, Inc.)(United States v. Peralta)(United States v. Roberson)
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff Commercial Warranty - Antique dealer Where Massachusetts plaintiffs brought a breach of warranty claim against the defendant New York dealer claiming that they overpaid the defendant for...

RI Workers' Compensation Court Case Summaries: August 21, 2006.(Holmes v. Amgen)
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Causation - Stress Where an employee sought workers' compensation benefits for work-related stress, an order denying that claim should be upheld based on a lack of...

Providence attorney participates in Nat. Conference of Commissioners on Uniform State Laws.(Thomas S. Hemmendinger at National Conference of Commissioners on Uniform State Laws)(Brief article)
August 21, 2006... Byline: Rhode Island Lawyers Weekly Staff Thomas S. Hemmendinger, of counsel with Brennan, Recupero, Cascione, Scungio & McAllister in Providence, participated in the 2006 Annual Meeting of the National Conference of Commissioners on...

Commenary: Frequently asked questions about 'going in-house'.
August 21, 2006... Byline: Stephen Seckler This is the first of a two-part article. If you are an associate at a major firm, chances are great that you have contemplated moving in-house at some point in your career. This is conventional wisdom in the...

Interview with R.I. Supreme Court Justice William P. Robinson III.(Rhode Island)(Interview)
August 28, 2006... Byline: Rhode Island Lawyers Weekly Staff Describing himself as an introspective person by nature, state Supreme Court Justice William P. Robinson III says that one in his position quickly learns "you're not God." About to begin his third...

Commentary: The abuse of the advisory referenda device.(Lincoln Almond)(Column)
August 28, 2006... Byline: Patrick T. Conley This commentary was drafted in advance of the Rhode Island Supreme Court's decision upholding the power of the General Assembly to repeal the governor's referendum statute. The General Assembly passed...

1st Circuit allows architects' copyright suit vs.competitor.(T-Peg Inc. v. Vermont Timber Works Inc.)(Case overview)
August 28, 2006... Byline: David E. Frank A group of architectural designers should be allowed to sue a competitor for violating federal copyright laws by taking advantage of portions of their protected work, the 1st U.S. Circuit Court of Appeals has ruled....

Superior Court rules evidence of other accidents OK in faulty car-ignition suit.(Dodson v. Ford Motor Co.)
August 28, 2006... Byline: Eric T. Berkman In a products liability suit alleging that a defective car ignition switch resulted in a fatal fire, the plaintiff could introduce evidence of other "accidents, incidents, claims and lawsuits" and the car...

R.I. Supreme Court posts hearing calendar for dates in September 2006.(Rhode Island)(Calendar)
August 28, 2006... Byline: Rhode Island Lawyers Weekly Staff CONTINUOUS ARGUMENT CALENDAR SEPTEMBER 25, 2006 9:30 A.M. 2004-0097 STATE V. JERRY COLEMAN Diane DaigleCatherine Gibran 2005-0089 DELBONIS SAND AND GRAVEL ET AL. V....

Rhode Island Superior Court issues order on dispositive motions.
August 28, 2006... Byline: Rhode Island Lawyers Weekly Staff SUPERIOR COURT STATE OF RHODE ISLAND PROVIDENCE, SC. ADMINISTRATIVE ORDER IN RE: DISPOSITIVE MOTIONS Dispositive motions (R. Civ. Proc. 56 & 12) shall be assigned to the motion...

Notices from R.I. Courts: August 28, 2006.
August 28, 2006... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPREME COURT MEMORANDUM To: Vendor From: Gail M. Valuk, Esquire, Deputy State Court Administrator Date: August 10, 2006 Subject:...

R.I. Superior Court Case Summaries: August 28, 2006.
August 28, 2006... Byline: Rhode Island Lawyers Weekly Staff Evidence 'Gap width charts and survey' - Products liability action Where (1) a plaintiff executrix has brought a products liability action against a defendant auto manufacturer, alleging...

1st U.S. Circuit Court of Appeals Case Summaries: August 28, 2006.
August 28, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Fraudulent transfers Where a Chapter 7 debtor's transfers to his wife were set aside, this order should be affirmed under the New Hampshire Uniform Fraudulent Transfer Act. ...

U.S. District Court Case Summaries: August 28, 2006.
August 28, 2006... Byline: Rhode Island Lawyers Weekly Staff Immigration Naturalization - Moral character Where a petition for adjudication of naturalization has been filed, the petition must be denied on the ground that the petitioner has not...

Commentary: Cyberinsurance could save you from an IT disaster.(Column)
August 28, 2006... Byline: Edward Poll "Disaster" for any law firm is not a question of "if," but rather of "when." The only unknowns are the type of disaster, when it will occur and how bad it will be. That's particularly the case when disaster...

Commentary: Gaining a competitive edge with info systems.
August 28, 2006... Byline: Rick Trilling In my previous column we reviewed how and why the business world utilizes information systems for competitive advantages. This week we will look at how these concepts are applied to the practice of law. There are...

'Making of a Civil Rights Lawyer' misses its mark.(Book review)
August 28, 2006... Byline: Hon. Jonathan Brant "The Making of a Civil Rights Lawyer" By Michael Meltsner University of Virginia Press, 2006 309 pages; $34.95 In "The Making of a Civil Rights Lawyer," Northeastern University School of Law...