Rhode Island Lawyers Weekly articles from August 2008

Rhode Island Lawyers Weekly archives from August 2008

Commentary: Does Title VII protect workers who voluntarily participate in employer internal investigations?
August 4, 2008... Byline: Leonard D. Zamansky and Stephen D. Coppolo Earlier this year, the U.S. Supreme Court agreed to review a lower court decision that limits the range of employees eligible for anti-retaliation protection under Title VII of the Civil...

Providence attorney helps return stolen art to rightful owners.(Gordon P. Cleary)(Interview)
August 4, 2008... Byline: Noah Schaffer Thirty-two years ago, three valuable paintings were stolen from the home of a Shrewsbury, Mass., woman. The artwork finally turned up last year -- in Providence attorney Patrick C. Conley's home. Now, with a consent...

Commentary: Do the right thing: In announcing a divorce, discretion better part of valor.
August 4, 2008... Byline: Gretchen Neels In Do the Right Thing, Boston-based consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. I find the very idea of sharing food at a...

1st U.S. Circuit Court of Appeals Case Summaries: August 4, 2008.
August 4, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Bankruptcy Discharge - Notice Where a Chapter 11 debtor, having obtained a discharge, sought to hold a creditor in contempt for pursuing claims against the debtor in state court, the motion...

U.S. Magistrate Judges Case Summaries: August 4, 2008.
August 4, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Civil practice Motion for clarification Where certain defendants have moved for clarification of an order prohibiting ex parte contacts with the plaintiffs' treating physicians, I find that...

Rhode Island Supreme Court Case Summaries: August 4, 2008.
August 4, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Elections Issuance of nomination papers Where the Chairman of the Rhode Island Republican Party has petitioned for a writ of certiorari to review and reverse a July 3, 2008 decision of the...

Rhode Island Superior Courts Case Summaries: August 4, 2008.
August 4, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Products liability Asbestos - Summary judgment Where a defendant in an asbestos liability case has moved for summary judgment, the motion should be denied in light of the fact that discovery...

Rhode Island District Courts Case Summaries: August 4, 2008.
August 4, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Unemployment compensation Temporary work load Where an employee resigned from her position when she felt overwhelmed by a temporary change in her work load during a period of transition, I...

Defense counsel allowed to contact plaintiffs' doctors, rules U.S. magistrate judge.
August 4, 2008... Byline: Thomas E. Egan Defendant manufacturers in a products liability case could contact the plaintiffs' physicians to arrange depositions and document production despite a court order prohibiting ex parte contact, a U.S. magistrate judge...

Rhode Island Lawyers in the News: August 4, 2008.(Correira & Iacono)(Brief article)
August 4, 2008... Byline: Rhode Island Lawyers Weekly Staff Report New associations Nicholas R. Mancini and Corey L. Wyatt have joined the Providence office of Adler, Pollock & Sheehan as associates in the litigation department. Scholarships The firm of...

Creditor is not bound by discharge injunction, rules 1st Circuit.
August 4, 2008... Byline: Eric T. Berkman A creditor that did not receive official notice that a debtor was undergoing Chapter 11 bankruptcy proceedings was not bound by a discharge injunction, the 1st U.S. Circuit Court of Appeals has ruled. The debtor,...

Commentary: There are some things a lawyer can guarantee.
August 4, 2008... Byline: Edward Poll No lawyer can ethically guarantee a result. To do so comes under Rule of Professional Conduct 7.1's prohibition of false or misleading communication, which the American Bar Association's commentary says includes...

Rhode Island Lawyers Weekly Legal Briefs: August 4, 2008.
August 4, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Union files complaint against Gov. Carcieri The state's largest labor union is accusing Gov. Donald L. Carcieri of violating state law by refusing to negotiate a new contract, according to...

1st U.S. Circuit Court of Appeals Case Summaries: August 11, 2008.
August 11, 2008... Byline: Rhode Island Lawyers Weekly Staff Editor's note: The full text of these decisions can be found on Lawyers Weekly's website, www.rilawyersweekly.com Commercial Cable television - 'Digital cable filters' Where a plaintiff cable...

U.S. District Court Case Summaries: August 11, 2008.(Brief article)
August 11, 2008... Byline: Rhode Island Lawyers Weekly Staff Constitutional State law - Political signs Where a plaintiff, whose political signs have purportedly been removed from their roadside locations by the defendant Richmond police chief, is challenging...

R.I. Superior Court Case Summaries: August 11, 2008.(Rhode Island)
August 11, 2008... Byline: Rhode Island Lawyers Weekly Staff Municipal County sheriffs - Layoffs Where a suit has been brought challenging the Governor's decision to lay off for an indefinite time period the Sheriff of Newport County and three Chief Deputy...

R.I. Supreme Court Ethics Advisory Panel Case Summaries: August 11, 2008.(Rhode Island)
August 11, 2008... Byline: Rhode Island Lawyers Weekly Staff Attorneys Mediation - Law firm name Where an attorney, who is a sole practitioner and also is licensed as a mediator, wishes to use the words Law and Mediation in the attorney's law firm name, the...

Commentary: Telephone taping in the workplace.
August 11, 2008... Byline: James W. Ryan Telephone taping and electronic surveillance -- it sounds simple. The rule -- both federal and state -- is that eavesdropping is illegal, and both oral and telephone communications cannot be surreptitiously recorded...

Department of Revenue will publicize business tax breaks.(Brief article)
August 11, 2008... Byline: R.I. Lawyers Weekly Staff DOR will publicize business tax breaks The Department of Revenue is getting ready to name the names of beneficiaries of state tax relief, according to The Providence Journal. The state each year doles out...

R.I. governor to union: pay more for health care.(Rhode Island's Gov. Donald L. Carcieri)(Brief article)
August 11, 2008... Byline: R.I. Lawyers Weekly Staff Gov to union: pay more for health care The simmering labor dispute between Gov. Donald L. Carcieri and the state's largest employee union erupted as the governor issued an executive order forcing members...

1st U.S. Circuit Court of Appeals rules right to jury waived by consent to bench trial.
August 11, 2008... Byline: Thomas E. Egan Three defendants who participated in a bench trial without objection waived their right to a jury trial, the 1st U.S. Circuit Court of Appeals has ruled. The defendants, charged by a plaintiff cable television...

R.I. Supreme Court Ethics Advisory Panel rules law firm name can't include 'mediation'.(Rhode Island)
August 11, 2008... Byline: Eric T. Berkman Law firm name can't include 'mediation' Panel cites risk of confusion A solo practitioner who practices law and provides mediation services cannot use Smith Law and Mediation as a law firm name, the Rhode...

Lawyer reflects on $1.1M verdict in non-compete case in U.S. District Court.
August 11, 2008... Byline: R.I. Lawyers Weekly Staff Lawyer reflects on $1.1M verdict in non-compete case When medical-equipment salesman Kevin Plant resigned from Rhode Island-based Astro-Med in 2006, attorneys for his new employer reviewed the non-compete...

Commentary: A status report on loyalty.
August 11, 2008... Byline: Edward Poll Lawyers have a tendency to focus on the task at hand without communicating their actions to clients. They may be doing a great job with documents, the courts or the opposing parties, but the clients are never told....

Commentary: Rhode Island Mechanics' Lien Act undergoes more changes.
August 14, 2008... Byline: Girard R. Visconti The 2008 General Assembly enacted several changes to the Mechanics' Lien Act (R.I.G.L. s.34-28-1, et seq., Senate Bill 2336 as amended). In 2006, the General Assembly amended R.I.G.L. s.34-28-4, which increased...

Commentary: Rhode Island Mechanics' Lien Act undergoes more changes.
August 18, 2008... Byline: Girard R. Visconti The 2008 General Assembly enacted several changes to the Mechanics' Lien Act (R.I.G.L. s.34-28-1, et seq., Senate Bill 2336 as amended). In 2006, the General Assembly amended R.I.G.L. s.34-28-4, which increased...

Commentary: The bottom line on the coast of associate loyalty.
August 18, 2008... Byline: Edward Poll Lawyers and law firms that find themselves faced with more business than they can reasonably handle (assume we're talking normal times and not today's twilight zone conditions) may decide to add a new associate. These...

Commentary: Expert Opinion: Legal administrators worth their weight in billable hours.
August 18, 2008... Byline: Karen Glowacki The job of administering a law firm may seem at times to resemble the herding of cats, but that's just one of the many skills needed in a professional legal administrator. That administrator can manage your firm,...

1st U.S. Circuit Court of Appeals rules employee cannot sue over ERISA retaliation.(Employee Retirement Income Security Act)
August 18, 2008... Byline: Eric T. Berkman An employee who claimed he was fired because he filed a short-term disability claim could not sue for ERISA discrimination without proving that the employer specifically intended to interfere with his ERISA...

R.I. Superior Court rules density limit takes precedence over zoning provision.(Rhode Island)
August 18, 2008... Byline: Thomas E. Egan A real estate developer was bound by a provision in the East Providence comprehensive plan even though the provision conflicts with the city zoning ordinance, a Superior Court judge has ruled. The city's zoning board...

Providence firms all aboard for Alco digs.(Pannone, Lopes & Devereaux, and Smith & Brink)
August 18, 2008... Byline: Noah Schaffer Former train factory offers alternative to downtown offices Earlier this month, the Providence law firm of Pannone, Lopes & Devereaux moved from its downtown offices to the site of the former American Locomotives...

1st U.S. Court of Appeals Case Summaries: August 18, 2008.
August 18, 2008... Byline: R.I. Lawyers Weekly Staff 1ST U.S. CIRCUIT COURT OF APPEALS Employment Retaliation - ERISA Where a defendant employer and codefendant human resources officer have been awarded summary judgment in a retaliation case, the judgment...

U.S. District Court Case Summaries: August 18, 2008.
August 18, 2008... Byline: R.I. Lawyers Weekly Staff U.S. DISTRICT COURT Civil rights Suicide - Police intervention Where a lawsuit was brought against the defendant city of East Providence and several codefendant police officers on behalf of a woman who...

U.S. Magistrate Judges Case Summaries: August 18, 2008.
August 18, 2008... Byline: R.I. Lawyers Weekly Staff U.S. MAGISTRATE JUDGES Habeas corpus Double jeopardy Where an individual has filed a petition for a writ of habeas corpus, I find that his petition should be denied because no merit exists to his claim of...

R.I. Superior Court Case Summaries: August 18, 2008.(Rhode Island)
August 18, 2008... Byline: R.I. Lawyers Weekly Staff SUPERIOR COURT Zoning Comprehensive plan Where the defendant East Providence zoning board denied an application for a minor subdivision designed to accommodate three two-family dwellings, the board's...

R.I. Supreme Court Ethics Advisory Panel Case Summaries: August 18, 2008.(Rhode Island)
August 18, 2008... Byline: R.I. Lawyers Weekly Staff R.I. SUPREME COURT ETHICS ADVISORY PANEL Attorneys Withdrawal - Suspicion of untruthfulness Where an attorney, retained by an insurance company to represent an individual who plans on testifying to facts...

R.I. District Court Case Summaries: August 18, 2008.(Rhode Island)(Brief article)
August 18, 2008... Byline: R.I. Lawyers Weekly Staff R.I. DISTRICT COURT Unemployment compensation Misconduct - Bank Where a bank employee was discharged for teller errors and a violation of the bank's checking policy, the discharge was for misconduct and...

R.I. State Ethics Commission Case Summaries: August 18, 2008.(Rhode Island)
August 18, 2008... Byline: R.I. Lawyers Weekly Staff STATE ETHICS COMMISSION Conflict of interest Former DOH employee - Part-time pharmacist work Where the petitioner is a former Rhode Island Department of Health employee, it is our opinion that he must, in...

Commentary: A law firm model that gives clients what they really want.(Column)
August 25, 2008... Byline: Edward Poll A constant theme in these columns has been the growing business-client dissatisfaction with the current model (especially at large firms) of hourly rate billing, a high hourly rate structure and the apparent...

1st U.S. Circuit Court of Appeals Case Summaries: August 25, 2008.
August 25, 2008... Byline: R.I. Lawyers Weekly Staff Editor's note: The full text of these decisions can be found on Lawyers Weekly's website, www.rilawyersweekly.com. Criminal Return of property - Statute of limitations Where a plaintiff filed a claim...

R.I. Bankruptcy Appellate Panel Case Summaries: August 25, 2008.(Rhode Island)(Brief article)
August 25, 2008... Byline: R.I. Lawyers Weekly Staff Bankruptcy Appellate Panel Bankruptcy Preferential transfer Where (1) a U.S. Bankruptcy Court judge entered a $20,000 preference recovery judgment against a defendant and (2) the defendant has appealed,...

R.I. Superior Court Case Summaries: August 25, 2008.(Rhode Island)
August 25, 2008... Byline: R.I. Lawyers Weekly Staff Arbitration CBA - Promotion criteria Where an arbitrator ordered the Rhode Island Department of Health to give equal weight to an applicant's education, experience and interview in making any future...

Rhode Island Supreme Court: Changes in store for unauthorized-practice-of-law investigations.(Interview)
August 25, 2008... Byline: R.I. Lawyers Weekly Staff Committee: new rules will streamline process Earlier this month, the Rhode Island Supreme Court approved a new set of rules governing its Unauthorized Practice of Law Committee. The rules detail the...

R.I. Superior Court vacates arbitration order on extraneous issue.(Rhode Island)
August 25, 2008... Byline: Eric T. Berkman Employer not given opportunity to present argument or evidence An arbitrator erred by ruling that a collective bargaining agreement required the Rhode Island Department of Health to give equal weight to an...

1st Circuit Bankruptcy Appellate Panel rules funds held in trust are part of estate in bankruptcy.
August 25, 2008... Byline: Thomas E. Egan Payment to creditor deemed preferential A bank account must be deemed property of a Chapter 7 debtor's bankruptcy estate despite the fact that the money was held in his mother's name in trust for the benefit of...

How to ... use LinkedIn.(Interview)
August 25, 2008... Byline: Noah Schaffer Many attorneys have likely received invitations from other lawyers to join a LinkedIn network. In a short period of time, LinkedIn has become a highly popular networking resource on the Internet. Lawyers Weekly's Noah...

Commentary: Writing his life story, Thomas is no open book.(Clarence Thomas)
August 25, 2008... Byline: Essence McGill Arzu All you can do is put one foot in front of the other and 'play the hand that you're dealt,' as my grandfather so often said. That's what I did: I did my best and hoped for the best, too often fearing that I was...