Rhode Island Lawyers Weekly articles from December 2003

Rhode Island Lawyers Weekly archives from December 2003

Defending The Rhode Island Judiciary.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff The Sgt. Cornel Young Jr. civil case recently took a bit of a new turn, and it was an ugly one. In criticizing the removal of plaintiff's attorney Barry Scheck, Harvard Law Professor Alan M....

R.I. Supreme Court Panel Issues Ethics Opinion.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Rhode Island Supreme Court Ethics Advisory Panel Opinion No. 2003-07 Request No. 862 Issued Nov. 18, 2003 Facts: An associate in the inquiring attorney's law firm has decided to...

Rhode Island Court Addresses Award Of Damages For Loss Of Pet.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 2002-569-Appeal. (PC 01-3682) Holly L. Hey: v. James Moran and Maxi Drug, Inc.: ORDER May a party recover compensation for mental suffering and...

Rhode Island State Ethics Commission Case Summaries: December 1, 2003.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Board Of Canvassers - Spouse's Candidacy Where the husband of a Mail Ballot Clerk for the East Providence Board of Canvassers is a potential candidate for a seat on the...

Rhode Island Bar Steps Up Defense Of Judges Amid Accusations.
December 1, 2003... Byline: Jeanne Greeley Nearly a month after U.S. District Court Judge Mary M. Lisi dismissed a civil rights and wrongful death suit brought by the mother of slain police Sgt. Cornel Young Jr., heated debate about the case rages as Rhode...

Rhode Island Supreme Court Case Summaries: December 1, 2003.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Commercial Janitorial Franchise Agreement - Breach Where a plaintiff filed suit against defendants in a dispute growing out of a janitorial services franchise agreement, we hold...

U.S. Court of Appeals 1st Circuit Case Summaries: December 1, 2003.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Puerto Rico Case - Sanctions Where a defendant has appealed a district court's denial of the defendant's request for sanctions against the plaintiffs whose complaint had...

Rhode Island Supreme Court Denies Emotional Damages For Lost Pet.
December 1, 2003... Byline: Jason M. Scally A woman who had to euthanize her dog after a veterinarian allegedly dispensed the wrong medication might be barred from recovering for her own mental suffering, according to an order issued recently by the Rhode...

Rhode Island Family Court Case Summaries: December 1, 2003.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Parent And Child Custody - Support Where both parties to a divorce seek custody of the couple's child, the father should be awarded sole custody and physical possession, with the mother...

Commentary: Honesty Is Such A Lonely Word.
December 1, 2003... Byline: David L. Yas Have you ever received this phone call? "Umm... Hi. I'm a second-year law student and... umm... I'm looking for a summer-associate job with a... uh... law firm and I... ah... noticed we went to the same law...

Rhode Island Supreme Court Rules Janitorial Company Liable For Plaintiff's Lost Net Profits.
December 1, 2003... Byline: Lisa K. Bruno A janitorial company that was found to have breached a franchise agreement and to have made misrepresentations about the plaintiff's business prospects was liable for the plaintiff's lost net profits, the Rhode Island...

U.S. Magistrate Judges Case Summaries: December 1, 2003.
December 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Immigration Res Judicata - Abuse Of Writ Where (1) the petitioner, a citizen of Jamaica, is seeking release from custody and from a final order of deportation and (2) the government has...

R.I. Supreme Court Amends Pro Hac Vice Rules.
December 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re: Amendment to Article II, Rule 9: Pro Hac Vice Admissionsand In-House Counsel: ORDER Section 1. Article II, Rule 9 of the Supreme Court rules, entitled...

U.S. District Court Case Summaries: December 8, 2003.
December 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Discovery Order - 'Rooker- Feldman' Doctrine Where the plaintiff Narragansett Indian Tribe has filed an action in the present federal court essentially seeking the reversal...

U.S. Supreme Court Case Summaries: December 8, 2003.
December 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Employment ADA - Former Addict An employer that refused to rehire a former employee who was a rehabilitated drug addict may not be liable under the ADA. Raytheon Co. v. Hernandez...

Federal Law Bars Guardian's Money Request.
December 8, 2003... Byline: Jason M. Scally A recent Superior Court decision illustrates the effectiveness of a rarely used federal statute to block questionable monetary requests by a veteran's legal guardian, according to an attorney involved in the case....

Rhode Island Supreme Court Ruels Plea Faulty Without Full Warning On Immigration.
December 8, 2003... Byline: Dave Yas A defendant who pleaded nolo contendere to breaking-and-entering could get the case vacated where he was told only that his plea "may have some effect upon what happens with the immigration service," the Rhode Island...

R.I. Supreme Court Case Summaries: December 8, 2003.
December 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Breaking And Entering - Right To Speedy Trial Where a defendant, who has been convicted of breaking and entering, resisting arrest and possessing marijuana, asserts on appeal that...

Rhode Island Superior Court Case Summaries: December 8, 2003.
December 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Zoning Merger Provisions - Richmond By- Law Where two plaintiffs have asked the present court to declare that two contiguous lots they own are exempt from the merger provisions of the...

U.S. Magistrate Judge Rules 'Late' Retaliation Claim May Proceed Against Co.
December 8, 2003... Byline: David L. Yas Correction: In this article on the decision in Sleeper v. The Peoples Credit Union, et al. ("'Late' Retaliation Claim May Proceed Against Co."), the town for plaintiff's counsel Keith Kyle is listed incorrectly. Kyle...

U.S. Court of Appeals 1st Circuit Case Summaries: December 8, 2003.
December 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Admiralty Coast Guard - Sinking Vessel - Rescue Where negligence claims were filed against the United States in connection with the Coast Guard's efforts to rescue the crew of a sinking...

U.S. Magistrate Judge Case Summaries: December 8, 2003.
December 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Suit By Opposing Litigant - Boat Repair Bill Where a plaintiff has filed a multi-count complaint against a defendant attorney who represented a company involved in a dispute with...

Rhode Island Supreme Court Case Summaries: December 15, 2003.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Corporate Buyout - Valuation Of Shares Where a plaintiff's shares in a corporation were purchased by the other shareholders (the defendants), a Superior Court judgment valuing the...

Rhode Island Ethics Commission Case Summaries: December 15, 2003.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Board Of Registration Of Land Surveyors Member - Appointment To GIS Executive Committee Where an individual is a member of the Rhode Island Board of Registration for...

Rhode Island Superior Court Case Summaries: December 15, 2003.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Zoning Appeal - Subdivision Approval - Notice Where (1) the Warren planning board approved a petition for a minor subdivision, (2) the plaintiff appealed that decision to the defendant...

U.S. Bankruptcy Court Case Summaries: December 15, 2003.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Avoidance Of Judicial Liens - Ownership Where a Chapter 7 debtor has moved to avoid two judicial liens, the motion should be allowed despite the fact that the debtor no longer...

Rhode Island Bankruptcy Court Seeks Comments On Proposed Changes To Local Rules.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND The Federal Center 380 Westminster Mall, 6th Floor Providence, Rhode Island 02903 Website:...

Rhode Island Supreme Court Denies Injured Driver's Late Suit Vs. Carrier.
December 15, 2003... Byline: Lisa K. Bruno Correction Due to incorrect information provided by the Rhode Island Supreme Court, last week's article, "Injured Driver's Late Suit Vs. Carrier Denied," misidentified Joel K. Gerstenblatt of Providence and...

Rhode Island Supreme Court Case Summaries: December 15, 2003.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Suit By Opposing Litigant - Boat Repair Bill Where a plaintiff has filed a multi-count complaint against a defendant attorney who represented a company involved in a dispute with...

U.S. Bankruptcy Court Judge Rules Chapter 7 Debtor May Avoid Liens On Property.
December 15, 2003... Byline: John O. Cunningham A former Chapter 7 debtor could avoid two court-imposed liens -- even though she no longer owned the property to which the liens applied, a U.S. Bankruptcy Court judge has ruled. The creditor lender argued...

R.I. Superior Court Judge Rules Zoning Board Of Appeals Can't Force Landowner To Produce Names.
December 15, 2003... Byline: Lisa Bruno A zoning board of appeals could not require a landowner who had appealed the approval of a subdivision plan to provide the names and addresses of property owners within a 200-foot radius of the subject property, a...

U.S. Court of Appeals 1st Circuit Case Summaries: December 15, 2003.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Collection Of Judgment - Fraudulent Transfers Where (1) a plaintiff obtained a deficiency judgment against the defendant and (2) at the plaintiff's request, a judge set aside...

Rhode Island Workers' Compensation Court Case Summaries: December 15, 2003.
December 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Municipal Employee - Psychological Condition Where a trial judge denied workers' compensation benefits to a water meter reader suffering from a psychological...

1st Circuit U.S. Court Of Appeals Reviews Rule On Death Penalty Cases.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT RICHARD CUSHING DONOVAN, CLERK JOHN JOSEPH MOAKLEY UNITED STATES COURTHOUSE 1 COURTHOUSE WAY,...

1st Circuit U.S. Court Of Appeals Adopts Amendment Regarding En Banc Court.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT RICHARD CUSHING DONOVAN, CLERK JOHN JOSEPH MOAKLEY UNITED STATES COURTHOUSE 1 COURTHOUSE WAY...

Rhode Island Superior Court Case Summaries: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal 'Speedy Trial' Rights - Insurance Fraud Defendant Where a defendant charged with insurance fraud and obtaining money under false pretenses claims that the information against him...

U.S. Bankruptcy Court Case Summaries: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Contempt - Government Attorneys Where certain Puerto Rico Department of Health agents and attorneys have failed to respond to a court order holding them personally in contempt,...

U.S. Court of Appeals 1st Circuit Case Summaries: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Ineffective Assistance - Hearing Where a criminal defendant sought a new trial on the ground that his trial counsel was ineffective, the judge erred by denying the motion without...

Rhode Island Ethics Advisory Panel Issues Opinions.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Rhode Island Supreme CourtEthics Advisory Panel Opinion 2003-08 Request No. 870 Issued Dec. 4, 2003 Facts: The inquiring attorney proposes to include in a retainer agreement a...

Professor Brings Together Law, Q&A With Valerie A. Karno.
December 22, 2003... Byline: Jeanne Greeley Born: Feb. 7, 1967; Los Angeles Education: Hastings College of Law, 1991; University of Southern California, Ph.D., 2000; University of Michigan, M.A., 1992; University of California, Berkeley, B.A., 1987 ...

Rhode Island Supreme Court Case Summaries: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration CBA - Wage Increase Where (1) an arbitration proceeding resulted in a wage increase for members of a public employees' union and (2) a different arbitrator subsequently ordered...

Rhode Island Workers' Compensation Court Case Summaries: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation End Of Incapacity Where the trial court found that a workers' compensation claimant's incapacity had ended, this conclusion was sufficiently supported by the evidence...

Rhode Island Supreme Court Rules Arbitration Does Not Trigger Union Pay Hike.
December 22, 2003... Byline: Lisa K. Bruno Where an arbitration resulted in a wage increase for members of a union, an arbitrator could not subsequently order an equivalent wage increase for members of a different union based on a parity letter in that union's...

Rhode Island Legal Professionals Receive Honors: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Honors Hugo L. Ricci Jr., a judge on the Workers' Compensation Court, was awarded the Pro Bono Publico Award from the Justinian Law Society of Rhode Island at the society's annual Christmas...

Commentary: Santa's A Convict, And Other Tales Of X-Mas Woe.
December 22, 2003... Byline: David L. Yas It may be Christmas time, but color me blue. 'Tis may be the season, but 'tis undeniable that the fun seems sucked out of all things red, green and tinsely. For one, joy and mirth seem to have taken the last...

R.I. Superior Court Rules Job-Related Death Can Seek Money From UIM Policy.
December 22, 2003... Byline: Lisa Bruno The executrix of a man killed by a drunk driver could seek uninsured motorist benefits under an insurance policy issued to a corporation partially owned by the man -- where the accident may have been a business-related...

Rhode Island Commissioner of Education Case Summaries: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Education Superintendent's Letter - Jurisdiction Where (1) the Johnston School Committee rejected the superintendent's recommendation that a non-tenured teacher be terminated for her...

U.S. Supreme Court Case Summaries: December 22, 2003.
December 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Arrest - Probable Cause The police had probable cause to arrest a car's front-seat passenger where an officer saw a large sum of money in the glove compartment and found drugs...

Rhode Island Supreme Court Rules No Jurisdiction Over Out-Of-State Law Firm.
December 29, 2003... Byline: David L. Yas A law firm could not be sued in Rhode Island in connection with a legal malpractice claim where the firm's only connection to the state was its lawyers handling certain local cases on a pro hac vice basis and other...

1st U.S. Circuit Court Of Appeals Rules Worker With ADD May Sue For Retaliation.
December 29, 2003... Byline: John O. Cunningham A sales manager who was fired after requesting an accommodation for attention deficit disorder could sue for retaliatory discharge, the 1st U.S. Circuit Court of Appeals has ruled. The plaintiff had argued...

Rhode Island Supreme Court Rules Barring Med-Mal Expert Was Improper.
December 29, 2003... Byline: Rhode Island Lawyers Weekly Staff A judge could not bar an expert from testifying in a medical-malpractice case on a complex theory involving blood flow -- even though the defendants argued that blood flow was not even an issue in...

R.I. Supreme Court Case Summaries: May 12, 2008.
December 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Police Sergeant - Injured- On-Duty Status - Attorney's Fee Where a judge affirmed an arbitration award (1) finding a police sergeant entitled to injured-on-duty status,...

Rhode Island Superior Court Case Summaries: December 29, 2003.
December 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Sales Commissions Where a plaintiff claims to be owed sales commissions and the defendant has asserted counterclaims against the plaintiff, both parties' requests for relief...

1st U.S. Circuit Court Of Appeals Case Summaries: December 29, 2003.
December 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Administrative Lobster Regulations Where plaintiffs filed suit challenging new federal regulations implemented by the Department of Commerce concerning lobster fishing, a judgment...