Rhode Island Lawyers Weekly articles from August 2007

Rhode Island Lawyers Weekly archives from August 2007

Providence District Court: License can be suspended over breath-test refusal despite omitted warning.
August 6, 2007... Byline: Eric T. Berkman Motorists arrested for drunk driving could not avoid all of the statutory penalties for refusing alcohol breath tests -- including license suspension -- even where the police's notification-of-rights form failed to...

R.I. Supreme Court rules foreclosure challenge barred by out-of-state class action.(Fairbanks Capital Corp., Rhode Island)
August 6, 2007... Byline: Jason M. Scally Property owners could not maintain their state-based suit against a mortgage company, which had settled similar claims in a class action brought in federal court in Massachusetts, the Rhode Island Supreme Court has...

U.S. District Court judge's criticism of police may not help defendants.(U.S. District Court Judge William E. Smith)
August 6, 2007... Byline: Noah Schaffer A federal judge took the Providence Police Department to task in a recent ruling for what he called a "troubling" lack of recording by its officers. But a local attorney whose practice includes criminal law says...

R.I. Commissioner of Education Case Summaries: August 6, 2007.(Rhode Island)
August 6, 2007... Byline: Rhode Island Lawyers Weekly Staff Education Classification of program Where the Rhode Island Department of Elementary and Secondary Education continues to classify Bradley Hospital's Heritage House Program as "a group home...

R.I. District Court Case Summaries: August 6, 2007.(Rhode Island District Court)
August 6, 2007... Byline: Rhode Island Lawyers Weekly Staff Motor vehicles License suspension - Test refusal Where the Rhode Island Traffic Tribunal (1) found that 32 defendants who refused to submit to a chemical test after being pulled over on...

R.I. Supreme Court Case Summaries: August 6, 2007.(Rhode Island Supreme Court)
August 6, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Res judicata - Class action Where defendants were awarded summary judgment based on the preclusive effect of a settlement agreement in a Massachusetts federal class action,...

R.I. Superior Court Case Summaries: August 6, 2007.(Rhode Island Superior Court)
August 6, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Sentence - Reconsideration Where a defendant, whose motion for a sentence reduction was denied, has moved for reconsideration, I find that he must be denied relief because he has...

1st U.S. Circuit Court of Appeals Case Summaries: August 6, 2007.
August 6, 2007... Byline: Rhode Island Lawyers Weekly Staff Appeals En banc review - Federal Death Penalty Act Where a defendant has petitioned for rehearing en banc, that petition must be denied, as a majority of the judges have not voted in favor...

U.S. District Court Case Summaries: August 6, 2007.
August 6, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Default judgment Where a union, having obtained a default judgment against a corporation in a federal suit in Pennsylvania, now seeks to enforce that judgment in Rhode...

Commentary: Beware of spam scam, other 'phishy' e-mail.
August 6, 2007... Byline: Henry B. Chace TechnoLAWgically Speaking discusses how advances in office technology can best be used in the management of a law practice. In this wondrous Internet age, there is so much we can do so online, and we do. We have...

Commentary: Demonstrate how you provide value.
August 6, 2007... Byline: Edward Poll Regular readers of this column know that I'm a firm advocate of value billing -- demonstrating to clients the worth as well as the cost of the legal services they receive, and billing them accordingly. Value billing...

Commentary: Building a better law-firm website in 8 easy steps.
August 6, 2007... Byline: Bert Jackson It is almost unheard of today for a law firm of any size to be without a website. In fact, many firms are now developing second- or third-generation websites that enhance, improve and expand upon earlier versions. But...

1st U.S. Circuit Court of Appeals rules electricians may arbitrate dispute over other unions.(Shank/Balfour Beatty)
August 13, 2007... Byline: Eric T. Berkman An electricians' union's grievance against a company over allegations that members of other unions were performing unauthorized electrical work was properly arbitrated, even where the project's collective bargaining...

1st U.S. Circuit Court of Appeals bars age-bias suit based on 'gossip'.
August 13, 2007... Byline: Jason M. Scally An engineer could not maintain a discrimination suit against his former employer even where he had heard office gossip that the boss thought he was too old for the job, the 1st U.S. Circuit Court of Appeals has...

Conference plan cuts appeals in R.I. Workers' Comp Court.(Rhode Island Workers' Compensation Court)(Interview)
August 13, 2007... Byline: Rhode Island Lawyers Weekly Staff A settlement conference program launched several years ago in the Rhode Island Workers' Compensation Court has dramatically reduced the volume of appeals to its appellate division, according to the...

R.I. Commissioner of Education Case Summaries: August 13, 2007.(Rhode Island Commissioner of Education)(Brief article)
August 13, 2007... Byline: Rhode Island Lawyers Weekly Staff Education Graduation - Failing grade Where a student claims to be entitled to graduate, that claim must be rejected, as she received a failing grade of 63 in Anatomy/Physiology and as a...

R.I. State Ethics Commission Case Summaries: August 13, 2007.(Rhode Island State Ethics Commission)
August 13, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Police chief - Son Where the Greenwich police chief's son wishes to be hired as a community service officer, no impermissible conflict of interest would result from...

R.I. Superior Court Case Summaries: August 13, 2007.(Rhode Island Superior Court)
August 13, 2007... Byline: Rhode Island Lawyers Weekly Staff Corporate LLC - Back wages Where a petitioner has been ordered to pay back wages to three former employees, a remand to the Department of Labor and Training is necessary here, as an issue...

1st U.S. Circuit Court of Appeals Case Summaries: August 13, 2007.
August 13, 2007... Byline: Rhode Island Lawyers Weekly Staff Administrative VA - Equitable estoppel Where (1) a plaintiff's administrative claim with the defendant Department of Veteran Affairs was settled in 1999 and (2) the plaintiff filed a...

U.S. Magistrate Judges Case Summaries: August 13, 2007.(Brief article)
August 13, 2007... Byline: Rhode Island Lawyers Weekly Staff Habeas corpus Release from incarceration - Mootness Where an individual has brought a petition for habeas corpus, I find that the petition should be dismissed because the individual has...

Commentary: Small-scale document editing can reap big results.
August 13, 2007... Byline: Julie Baker and Lisa Healy Write On is an occasional feature intended to provide guidance on writing memoranda and briefs that will lead to the results their authors -- attorneys -- are hoping for from readers of those legal...

Commentary: Hey partner, are you sure you're tenured?
August 13, 2007... Byline: Edward Poll The recent headline in The Wall Street Journal would have been unthinkable a decade ago: "Partnership Is No Longer a Tenured Position." The accompanying article talked about the phenomenon of "de-equitization" --...

Commentary: The importance of taking stock of your career.
August 13, 2007... Byline: Stephen E. Seckler Ed Koch served as mayor of New York throughout the 1980s and was famous for employing the phrase, "How'm I doin'?" For a politician like Ed Koch, the answer was, of course, critical to his survival. But when...

Commentary: Patented tax strategies - Are you serious?
August 20, 2007... Byline: Gary C. Bubb The expression on most lawyers' faces when they first learn that tax strategies can be patented is predictable -- a sort of bemused scowl. You can see the wheels turning: How can this be possible? Aren't all taxpayers...

Commentary: Even on vacation, lawyers left to their own devices.
August 20, 2007... Byline: David Yas "I want to work at a job where I am not connected to a BlackBerry," the attorney writes. "Basically, I want to be able to commit to being somewhere on a Tuesday at 6:30 every week, and not worry all day Tuesday whether or...

1st U.S. Circuit COA rules nonmembers can be charged for national union's litigation costs.(United States Court of Appeals for the 1st Circuit)
August 20, 2007... Byline: Eric T. Berkman A state employees' union could charge nonmembers a "service fee" for litigation expenses incurred by its national affiliate and funded through a pooling arrangement, the 1st U.S. Circuit Court of Appeals has held....

1st U.S. COA rules inmate can be ordered to provide DNA sample.(United States Court of Appeals for the 1st Circuit)
August 20, 2007... Byline: David E. Frank The inmate argued that the request amounted to an unreasonable seizure and said his privacy interests in not turning over the DNA sample outweighed the government's interest in obtaining the information. But...

IRS ruling on town of Bristol's pension fund a 'homerun,' says lawyer.(Internal Revenue Service, attorney Sandra M. Mack)(Interview)
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff A recent Internal Revenue Service ruling upholds a position taken by the town of Bristol that contributions made by the municipality and its employees to a trust fund for post-employment benefits...

Magistrate Selection Committee formed in Rhode Island.
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 2007-4 EXECUTIVE ORDER Pursuant to G.L.1956 Sect. 8-8.2-1(a) which requires the Chief Justice to appoint, with the advice and consent of the Senate, a Chief...

R.I. Supreme Court issues calendar.(Rhode Island Supreme Court)(Calendar)
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff SHOW CAUSE CALENDAR SEPTEMBER 24, 2007 9:30 A.M. GREENFIELD HILL INVESTMENTS, ET AL. v. LEIGH R. MILLER 2005-188 and 2006-276 Stephen White William O'Donnell STATE OF...

R.I. State Ethics Commission Case Summaries: August 20, 2007.(Rhode Island State Ethics Commission)(Brief article)
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest URI/CRC - Proposed donation Where the O'Neill Properties Group has proposed making a donation to the University of Rhode Island Coastal Resources Center to provide...

R.I. Superior Court Commission Case Summaries: August 20, 2007.
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Insurance Beacon Mutual - 'Excess profits' Where the Department of Business Regulation rejected a policyholder's argument that the Beacon Mutual Insurance Company -- established by the...

U.S. Bankruptcy Court Commission Case Summaries: August 20, 2007.(Brief article)
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Stay - Appeal Where an appellant seeks a stay of a bankruptcy court order on appeal, the motion for a stay must be denied as untimely. "... The bankruptcy court denied the...

1st U.S. Circuit Court of Appeals Commission Case Summaries: August 20, 2007.(United States Court of Appeals for the 1st Circuit)
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil rights Motorist - Suit against police officer Where (1) a defendant police officer responded to a call saying that the plaintiff's car had broken down on the side of the road, (2)...

U.S. District Court Commission Case Summaries: August 20, 2007.
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Tax evasion Where a defendant, found guilty of tax evasion, has moved for a judgment of acquittal, the motion must be denied on the grounds that the indictment was not defective...

U.S. Magistrate Judges Commission Case Summaries: August 20, 2007.
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Sanctions - Deposition Where a plaintiff has moved for sanctions for the defendant's failure to comply with discovery orders, the motion should be allowed in part and denied...

Partner in Providence office of Nixon Peabody honored.(Stacie Boeniger Collier)(Brief article)
August 20, 2007... Byline: Rhode Island Lawyers Weekly Staff Stacie Boeniger Collier, a partner in the Providence office of Nixon Peabody, has been named one of the city's "40 Under Forty" by Providence Business News. Collier represents management in labor...

Commentary: Does a lawyer need a business degree?
August 20, 2007... Byline: Edward Poll I was recently asked by an interviewer if, as a lawyer who holds an M.B.A., I would recommend that other lawyers follow the same path. My answer was, "Not really," which surprised him. Except in unusual...

Commentary: Newly updated franchise sales law brings many changes.
August 27, 2007... Byline: L. Seth Stadfeld Earlier this year, in response to changes in technology and market conditions and after 12 years of rulemaking proceedings, the Federal Trade Commission approved -- by a 5-0 vote -- a substantially revised FTC...

R.I. Superior Court rules fired worker gets counsel fees after 'partial' success at trial.(Rhode Island)(Case overview)
August 27, 2007... Byline: Eric T. Berkman A woman who sued her employer and two former supervisors for discrimination, but did not achieve total success on the merits, was still entitled to a full award of attorneys' fees, a Superior Court judge has held....

R.I. Superior Court rules neighbor's drug death not to be pinned on landlords.(Rhode Island)(Case overview)
August 27, 2007... Byline: Jason M. Scally A pair of landlords should not be held responsible for the death of a neighbor who overdosed on drugs bought from one of their tenants, even where the landlords had been informed of illegal drug activity, a Superior...

1st U.S. Circuit Court rules probation sentence too light despite community service record.(Case overview)
August 27, 2007... Byline: Noah Schaffer A non-jail sentence handed out to a part-time income tax preparer who submitted false returns was not reasonable, the 1st U.S. Circuit Court of Appeals has found. A U.S. District Court judge had sentenced the...

R.I. Superior Court Case Summaries: August 27, 2007.(Rhode Island)(Case note)
August 27, 2007... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Guardianship Where a decedent's guardian and two daughters seek to have their legal fees paid from assets in the decedent's estate, those requests should be allowed in...

1st U.S. Circuit Court of Appeals Case Summaries: August 27, 2007.(Case note)
August 27, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Standing - Medicare Secondary Payer statute Where a civil suit filed against tobacco companies under the Medicare Secondary Payer statute was ordered dismissed, the dismissal...

U.S. Magistrate Judges Case Summaries: August 27, 2007.(Case note)
August 27, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Motion to compel discovery responses Where a defendant has moved to compel discovery responses, the motion should be allowed, as the plaintiff has failed to set forth a...

R.I. Lawyers in the News: August 27, 2007.(Rhode Island; Pannone, Lopes & Devereaux)(Brief article)
August 27, 2007... Byline: Rhode Island Lawyers Weekly Staff Courtney Megan Cahill has been named an associate professor of law at Roger Williams University School of Law in Bristol. Pannone, Lopes & Devereaux has relocated to the American Locomotive...

Commentary: Digging out of the discounting hole.(Aalternatives in billing law firms' clients)
August 27, 2007... Byline: Edward Poll Fundamental to being a business-savvy lawyer is resisting the urge to discount fees -- particularly if the client has earlier agreed to pay the full amount in the engagement letter. Clients who argue about...

Seller's Market: Nathaniel D. Pitnof, Worcester attorney, legal-advice radio program.(Interview)
August 27, 2007... Byline: Rhode Island Lawyers Weekly Staff Seller's Market offers practitioners information about marketing their skills and services as attorneys. This week, reporter Noah Schaffer talks with Worcester, Mass., attorney Nathaniel D. Pitnof...

Commentary: Essays by scholars, stars on reasonable doubt raise doubts.(Larry King releases "Beyond a Reasonable Doubt")(Book review)
August 27, 2007... Byline: Peter Elikann "Beyond a Reasonable Doubt" Edited and introduced by Larry King Phoenix Books, 2006 463 pages, $27.95 There are few phrases in the American vernacular that are so well known and yet so little...