Rhode Island Lawyers Weekly articles from December 2007

Rhode Island Lawyers Weekly archives from December 2007

R.I. Commissioner of Education Case Summaries: December 3, 2007.(Rhode Island)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Education Teacher dismissal Where the Providence School Board has dismissed a teacher, we hold that the Board has demonstrated good cause for its action. Appeal denied and dismissed....

R.I. Supreme Court Case Summaries: December 3, 2007.(Rhode Island)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Child molestation - New trial motions Where a judge denied two new trial motions filed by a defendant convicted of second-degree child molestation, the judge acted permissibly (1)...

R.I. Superior Court Case Summaries: December 3, 2007.(Rhode Island)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Receivership - Rights in equipment Where a dispute has arisen among a number of parties regarding property rights in certain equipment, I find that a receivership estate has the...

1st U.S. Circuit Court of Appeals Case Summaries: December 3, 2007.
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Internet - Sexual activity - Minor Where a federal law (18 U.S.C. Sect. 2442(b)) has been enacted criminalizing the use of any instrumentality of interstate or foreign commerce,...

U.S. Supreme Court Case Summaries: December 3, 2007.(Brief article)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Marketing company - Referrals Where an attorney, who has a private law practice, intends to establish a separate marketing business, it is our opinion that it would...

Commentary: Money main issue for would-be solos.(Column)
December 3, 2007... Byline: Edward Poll My last column addressed making the decision to leave a law firm. In this and subsequent columns we'll consider how to successfully start a practice on your own after leaving, because it's not an easy path to take. ...

Commentary: When to quote and when to say it in your own words.(Column)
December 3, 2007... Byline: Julie Baker and Lisa Healy Write On is an occasional feature providing guidance for attorneys on writing legal memoranda and briefs. Legal writers use material from other sources all the time. We refer to sample memoranda and...

Commentary: Essential practice tips for drafting confidentiality stipulations.(Column)
December 3, 2007... Byline: Jeffrey M. Rosin In many litigations, the parties agree to a "stipulated protective order" at the outset of discovery, which is designed to protect against the disclosure to the public of proprietary and confidential information of...

Commentary: Two new books lift curtain on Supreme Court.(The Nine: Inside the Secret World of the Supreme Court)(Rhode Island Supreme Court)(Book review)
December 3, 2007... Byline: Peter W. Agnes Jr. "The Nine: Inside the Secret World of the Supreme Court" By Jeffrey Toobin Doubleday, 2007 336 pages; $27.95 Jeffrey Toobin, staff writer at The New Yorker magazine and senior legal analyst for...

Officials in R.I. advocate gun microstamps.(Rhode Island)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff U.S. senators Jack Reed and Sheldon Whitehouse, Providence Mayor David N. Cicilline and other officials were on hand at the Public Safety Complex to view a demonstration of microstamping, which has...

R.I. Supreme Court rules manager can't be held liable for 'sabotaging' employee's return.(Rhode Island; Ramon Elordi)(Case overview)
December 3, 2007... Byline: Thomas E. Egan A manager could not be held liable for giving his employer an ultimatum that resulted in a discharged employee not being rehired, the Rhode Island Supreme Court has found. The plaintiff employee, a professional...

1st U.S. Circuit Court of Appeals rules intent not necessary for 'Net sex crime.
December 3, 2007... Byline: Jason M. Scally A 40-year-old man could be found guilty of attempting to entice minors into sexual relations via the Internet, even where he allegedly never intended sexual activity to actually occur, the 1st U.S. Circuit Court of...

'Reckless' chase by a Providence police officer at core of $2.5M case.(Interview)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff On the night of Feb. 19, 2004, the driver of a gold Ford Taurus was identified by a Providence police officer as a member of a local gang. A chase ensued but was quickly terminated by the police...

R.I. Supreme Court seeks amicus briefs on 'Simmering' case.(Rhode Island)(F. Gordon Simmering v. Pride Mortgage Incorporated)(Brief article)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 2006-148-Appeal (PL 04-22-53) F. Gordon Simmering v. Pride Mortgage Incorporated ORDER This case came before the Supreme Court for oral argument pursuant to...

Notices from the Rhode Island Courts: December 3, 2007.
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT No. 2007-09 EXECUTIVE ORDER Pursuant to the authority granted to the Chief Justice pursuant to Section 8-15-2 of the General Laws of the State of Rhode Island it is...

R.I. Supreme Court issues order on magistrate reforms.(Rhode Island)
December 3, 2007... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT No. 2007-08 EXECUTIVE ORDER Pursuant to the authority granted to the Chief Justice pursuant to Section 8-15-2 of the General Laws of the State of Rhode Island it is...

U.S. Circuit Court of Appeals upholds officer's firing over comments posted on Internet.
December 17, 2007... Byline: Noah Schaffer A sheriff's department did not violate a correctional officer's First Amendment rights by firing him for comparing his employer to Hitler on an Internet message board, the 1st U.S. Circuit Court of Appeals has...

R.I. Supreme Court orders new trial for convicted molester after victim's statement not disclosed.(Rhode Island)
December 17, 2007... Byline: Eric T. Berkman A convicted child molester is entitled to a new trial where the state failed to disclose a written impact statement the victim had made before trial, the Rhode Island Supreme Court has ruled. A Superior Court...

Rhode Island's Lawyers of the Year 2007.(Neal J. McNamara)(Interview)
December 17, 2007... Byline: Noah Schaffer Lawyers Weekly is honoring three Rhode Island attorneys who stood out from the crowd in 2007 -- by winning important decisions, being involved in cases that raise challenging legal issues, and otherwise furthering the...

R.I. Supreme Court Case Summaries: December 17, 2007.(Rhode Island)
December 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Child molestation Where a defendant convicted of child molestation argues that his motion for a new trial should have been allowed, we find no error, as the jury verdict was not...

Rhode Island Superior Court Case Summaries: December 17, 2007.(Preservation Society of Newport County)
December 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Parole eligibility Where the petitioner was convicted of nine separate counts of first-degree sexual assault and sentenced to serve 25 years in prison, with each count running...

U.S. Bankruptcy Court Case Summaries: December 17, 2007.(Brief article)
December 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Refinancing Where (1) a U.S. Bankruptcy Court judge allowed the debtors' motion for leave to refinance the mortgage on their home and (2) a title insurance company, as mortgage...

1st U.S. Circuit Court Of Appeals Case Summaries: December 17, 2007.
December 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Constitutional Free speech - Employment Where a county correctional officer was terminated because of a posting he made on a website owned and controlled by his union, the termination did...

U.S. Supreme Court Case Summaries: December 17, 2007.
December 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Violent misdemeanors A defendant's state convictions for violent misdemeanors count as predicate offenses under the federal Armed Career Criminal Act's sentencing enhancement...

Rhode Island Lawyers in the News: December 17, 2007.(Brief article)
December 17, 2007... Byline: Rhode Island Lawyers Weekly Staff New associations Patrick A. Guida has joined Duffy, Sweeney & Scott in Providence as a partner, and Charles M. Henderson III has joined the firm as an associate. Colin M. McNiece has...

High-profile preacher case among civil libertarian's '07 victories.(Interview)
December 24, 2007... Byline: Noah Schaffer Lawyers Weekly is honoring three Rhode Island attorneys who stood out from the crowd in 2007 -- by winning important decisions, being involved in cases that raise challenging legal issues, and otherwise furthering the...

State claim barred by Copyright Act.
December 24, 2007... Byline: Eric T. Berkman A claim brought by the purported co-owner of a copyright interest in a series of novelty figurines was barred by the Copyright Act's three-year statute of limitations, even though the claim was not brought under the...

Rhode Island Supreme Court says home search invalid even with consent given at stop.
December 24, 2007... Byline: Eric T. Berkman Police officers should not have searched the apartment of a minivan passenger following a traffic stop, even where the passenger consented to the search after being detained, the Rhode Island Supreme Court has...

Rhode Island Human Rights Commission Case Summaries: December 24, 2007.
December 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Employment Age discrimination - Retaliation Where the respondent employer discriminated against a 74-year-old doctor/employee and retaliated against him for filing administrative...

R.I. District Court Case Summaries: December 24, 2007.
December 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Unemployment compensation TDI benefits Where (1) a plaintiff was injured on the job in July 2004 and received workers' compensation benefits as a result of that injury, (2)...

R.I. Supreme Court Case Summaries: December 24, 2007.
December 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Contract Specific performance - 'Bissonnette' Where in a specific performance case, a Superior Court judge ruled that the present court's opinion in Bissonnette v. Hanton City Realty...

R.I. Superior Courts Case Summaries: December 24, 2007.
December 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Administrative Rate setting - Construction project Where the Rhode Island Department of Human Services affirmed a determination of its Rate Setting Unit that a certain part of an appellant...

1st U.S. Circuit Court Of Appeals Case Summaries: December 24, 2007.
December 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Copyright Hummel figurines Where a U.S. District Court judge entered judgment for the defendants in a dispute over profits from the sale of Hummel figurines, the judge acted permissibly...

Rhode Island Lawyers in the News: December 24, 2007.(Rhode Island Legal/Educational Partnership and Moses, Afonso, Jackvony law firm)(Brief article)
December 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Kelley Nickson Morris has been named a partner at Moses, Afonso, Jackvony in Providence. Linda M. Quattrucci has been named executive director and Jennifer Conrad has been named program...

Be socially skillful at holiday outings.
December 24, 2007... Byline: Lisa Meyer and Audra Callanan Seller's Market offers practitioners information about marketing their skills and services as attorneys. Social events could easily dominate your calendar at this time of year. Invitations to bar...

Practice 'business' to practice success.
December 24, 2007... Byline: Edward Poll Starting a new firm, several aspects of which we've discussed in our last four columns, is something quite distinct and separate from practicing law. It brings the lawyer face to face with what I have often called "the...

Paradigm for estate planners, elder law attorneys changing.
December 24, 2007... Byline: John Paul Marosy Older Americans today are choosing to live out their golden years in a much different way than previous generations, which means elder law attorneys and estate planners will have to change with them. The shift...

DHS hearing officers prohibited from ex parte contacts, Rhode Island Supreme Court finds.(Department of Human Services)
December 31, 2007... Byline: Thomas E. Egan Department of Human Services hearing officers are not permitted to communicate off the record with anyone, including DHS staff members, about contested adjudicatory facts, the Rhode Island Supreme Court has found....

Rhode Island Supreme Court says contribution claim barred over wetlands delineation.
December 31, 2007... Byline: Eric T. Berkman An engineer who was being sued by a developer for negligence in his delineation of wetlands on a parcel designated for a residential dwelling could not seek contribution from the contractor who later excavated the...

Rhode Island lawyer's year accented by pair of cases with 'human element'.(Peter J. Comerford)(Interview)
December 31, 2007... Byline: Noah Schaffer Lawyers Weekly is honoring three Rhode Island attorneys who stood out from the crowd in 2007 -- by winning important decisions, being involved in cases that raise challenging legal issues, and otherwise furthering the...

R.I. Supreme Court Case Summaries: December 31, 2007.(Rhode Island)
December 31, 2007... Byline: Rhode Island Lawyers Weekly Staff Administrative DHS - Ex parte communications Where a Superior Court judge has entered a judgment declaring that members of a Medical Assistance Review Team maintained by the defendant...

R.I. State Ethics Commission Case Summaries: December 31, 2007.(Rhode Island)
December 31, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Planning board member - Zoning ordinance amendment Where the petitioner is a member of both the Tiverton Planning Board and the Board of Directors of the Tiverton Yacht...

1st U.S. Circuit Court Of Appeals Case Summaries: December 31, 2007.
December 31, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Narcotics offenses - Grand jury testimony Where a defendant has appealed his narcotics convictions and the 240-month prison sentence imposed on him, we hold that the appeal must...

U.S. District Court Case Summaries: December 31, 2007.(Brief article)
December 31, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Motion to vacate, set aside or correct sentence Where a petitioner has presented a number of claims in his motion to vacate, set aside or correct sentence, I find that the motion...

Promotions.(John J. Rogers and Sheryl D. Hanley of Edwards, Angell, Palmer & Dodge)(Brief article)
December 31, 2007... Byline: Rhode Island Lawyers Weekly Staff John J. Rogers has been named a partner, and Sheryl D. Hanley has been named counsel, in the Providence office of Edwards, Angell, Palmer & Dodge.

Collaboration needed in this '2.0'world.(Web 2.0)(Column)
December 31, 2007... Byline: Edward Poll The latest technology buzzword is "Web 2.0" — the trend to interactivity on the Internet that is epitomized by the give and take between online users of blogs and social networking sites. The idea is that the...

Commentary: Professor's book a valuable lesson on the practice.(The Spiritual Revitalization of the Legal Profession: A Search for Sacred Rivers)(Book review)
December 31, 2007... Byline: Robert V. Ward Jr. "The Spiritual Revitalization of the Legal Profession: A Search for Sacred Rivers" By David Hall The Edward Mellen Press, 2005 484 pages; $129 The Chinese saying, "Hear with your ears but...

Verdicts & Settlements December 31, 2007: Infection acquired in hospital leads to leg amputation.(Brief article)
December 31, 2007... Byline: Rhode Island Lawyers Weekly Staff $5.8 million verdict On Feb. 2, 2001, the 56-year-old plaintiff experienced dizziness, twisted his ankle and fell. He was a hospital administrator at the Veterans Administration Hospital in...