Rhode Island Lawyers Weekly articles from February 2004

Rhode Island Lawyers Weekly archives from February 2004

U.S. Bankruptcy Court Case Summaries: February 2, 2004.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Standing - Appeal Where a debtor has appealed a bankruptcy court order awarding the entire mount of the estate to the Chapter 7 Trustee as payment for legal work, the appeal...

R.I. Supreme Court Case Summaries: February 2, 2004.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff Criminal Armed Robbery - Identification Where a defendant, who was convicted of armed robbery, alleges that the trial judge erred as a matter of law in allowing a certain witness to...

Verdicts & Settlements-February 2, 2004: Drunk driver broadsides motorist.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff $150,000 Settlement The plaintiff's decedent, who was the plaintiff's daughter, was driving her vehicle when she was broadsided by the defendant. It was subsequently determined that the...

R.I. Supreme Court rules animal-control officer can sue homeowner for injury.
February 2, 2004... Byline: John O. Cunningham An animal control officer could sue the owners of a home where he was injured while on duty, the Rhode Island Supreme Court has ruled. Superior Court Judge Netti C. Vogel had dismissed the case on summary...

Top jury verdicts of 2003 for R.I. lawyers-Record low jury awards tallied last year.
February 2, 2004... Byline: Jeanne Greeley While 2002 was an historic year for Rhode Island lawyers winning huge jury verdicts, last year was more notable for its record low jury awards, with not a single verdict topping the $1 million mark. In fact, 2003...

U.S. Supreme Court Case Summaries: February 2, 2004.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Chapter 7 Debtor - Attorney Payment A Chapter 7 debtor's attorney cannot be paid from the bankruptcy estate for work done after the trustee was appointed, unless the attorney is...

1st U.S. Circuit Court of Appeals Case Summaries: February 2, 2004.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Default - Currency Seizure Where (1) an appellant filed a verified administrative claim asserting that he was the owner of $23,000 in U.S. currency seized at an airport in...

U.S. Magistrate Judges Case Summaries: February 2, 2004.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff Commercial Affirmative Defenses - Recoupment And Setoff Where a plaintiff, claiming to be owed money for goods delivered to the defendant, has filed a breach of contract action and now...

U.S. Circuit Court of Appeals rules that two-year limit applies for age bias lawsuit.
February 2, 2004... Byline: Jason M. Scally A job applicant who was claimed he was denied a position with the U.S. Postal Service because of his age was not time-barred on a lawsuit that was brought within two years of the act in question, the 1st U.S....

R.I. Superior Court Case Summaries: February 2, 2004.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff Appeals Timeliness - Division Of Public Utilities and Carriers Where a plaintiff has appealed an order revoking a taxicab certificate, the appeal must be dismissed as untimely. "This...

R.I. Commissioner of Education Case Summaries: February 2, 2004.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff Education School Bus Transportation Where the Woonsocket School Committee has denied a student's request for free bus transportation to school, I have reviewed relevant evidence submitted...

New caseflow calendar created for Washington County termination of parental rights.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff RHODE ISLAND FAMILY COURT ADMINISTRATIVE ORDER 2003-07 (Administrative Order 98-2 and Administrative Order 2002-02 are amended as follows) RE: TERMINATION OF PARENTAL RIGHTS (TPR)...

Verdicts & Settlements-February 2, 2004: Toaster blamed for Westerly House fire; two perish.
February 2, 2004... Byline: Rhode Island Lawyers Weekly Staff $1.37 Million Settlement On April 21, 2000, the plaintiff was the tenant of a house located at 370 West Shore Road in Westerly. His 15-year-old son was asleep in an upstairs bedroom and his...

R.I. Supreme Court awards counsel fees for city's improper tax.
February 9, 2004... Byline: Lisa K. Bruno A property owner that was awarded more than $10 million in condemnation damages and then taxed by the defendant city based on the increased condemnation value of the property was entitled to the costs and attorneys'...

U.S. Bankruptcy Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Reporting Of Questions Where a creditor has requested certification of three questions to the 1st U.S. Circuit Court of Appeals, that request should be denied because this case...

R.I. Supreme Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation Violation Where a defendant has been convicted of violating the terms and conditions of probation, we hold that the conviction should be sustained based on...

R.I. State Court calendars to be suspended May 4 for annual Law Day.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT NO. 04-01 EXECUTIVE ORDER Pursuant to the authority granted to the Chief Justice under Sect. 8-15-2 of the General Laws of the State of Rhode Island 1956 (1985...

R.I. Supreme Court rules man cannot sue town after fall while walking backwards.
February 9, 2004... Byline: David L. Yas A man who fell within a town right of way while walking backwards could not sue the town for negligently maintaining the area, the Rhode Island Supreme Court has held. The man argued that the town "negligently...

Rhode Island Supreme Court Justice Robert G. Flanders to retire at end of court term.
February 9, 2004... Byline: John O. Cunningham At 54 years old, he has already led a life that seems more than complete, and yet he envisions so much more to come. Justice Robert G. Flanders Jr. was appointed to the Rhode Island Supreme Court in 1996 by...

Rhode Island Lawyers in the News: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Promotions Mark O. Denehy has been named managing partner of Adler, Pollock & Sheehan, which has offices in Providence and Boston. Denehy will replace Robert E. Liguori, who has been the...

1st U.S. Circuit Court of Appeals Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Appeals Timeliness - Tolling Where plaintiffs have appealed a summary judgment entered for the defendants in an employment discrimination case, the appeal must be dismissed as untimely...

U.S. District Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Constitutional 11th Amendment - Whistleblower - DOL Proceeding Where (1) a federal administrative law judge's award of $843,000 -- to an employee of the Rhode Island Department of...

U.S. Magistrate Judges Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Bills And Notes Secured Demand Note - Action Against Maker Where (1) a plaintiff company has filed suit to recover judgment against the defendant maker of a secured demand note and (2) the...

R.I. Superior Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Search And Seizure 'Bribery Solicitation' Matter Where the defendant, a former Lincoln Planning Board member who has been charged with soliciting bribes and related crimes, has moved to...

R.I. Superior Court rule regarding stenographic reports: transcripts of testimony amended.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Supreme Court ORDER In accordance with G.L. 1956 (1997 Reenactment) Sect. 8-6-2, as amended, the attached Rule 78 of the Superior Court Rules of Civil Procedure promulgated by a majority...

R.I. Human Rights Commission Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Employment Sex Discrimination - Failure To Appear Where a complainant charged his employer with sex discrimination, the complaint should be dismissed for lack of prosecution, as the...

R.I. Workers' Compensation Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Return Of Incapacity Where a trial judge ordered an employee paid weekly workers' compensation benefits, we hold that the judge acted permissibly based on evidence...

R.I. State Ethics Commission Case Summaries: February 9, 2004.
February 9, 2004... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Property Management Contract - Acquaintance Of Mayor Where the city of Cranston has a property management contract to award, we conclude that the Code of Ethics would...

Commentary: Overcoming resistance to change.
February 9, 2004... Byline: Stephen E. Seckler and Harry Keshet The New Year is a good time to reflect on our lives. What did we do well over the past 12 months? Where did we fall short in our personal and professional lives? How can we improve ourselves in...

1st U.S. Circuit Court of Appeals Case Summaries: February 16, 2004.
February 16, 2004... Byline: Rhode Island Lawyers Weekly Staff Constitutional Immunity - Highway Authority Where a federal court has found the defendant Puerto Rico Highway and Transportation Authority not entitled to 11th Amendment immunity in...

R.I. Supreme Court Case Summaries: February 16, 2004.
February 16, 2004... Byline: Rhode Island Lawyers Weekly Staff Consumer Protection DTPA - Bank - Credit Cards Where a defendant bank was awarded summary judgment with respect to the plaintiffs' claims that the bank violated the Deceptive Trade...

R.I. Superior Court Case Summaries: February 16, 2004.
February 16, 2004... Byline: Rhode Island Lawyers Weekly Staff Arbitration Prison Staffing Where an arbitrator ruled that the Department of Corrections violated a collective bargaining agreement "when it did not call in one or more correction[al]...

R.I. Superior Court judge rules arbitration not forced in suit over computers.
February 16, 2004... Byline: Lisa K. Bruno Consumers who sued computer companies for overcharging were not bound by an arbitration provision included in the computer sale agreement, a Superior Court judge has ruled. The defendants had sought to enforce the...

R.I. Supreme Court denies plaintiffs the right to sue bank under the Deceptive Trade Practices Act.
February 16, 2004... Byline: Jason Scally A bank could not be sued under the Deceptive Trade Practices Act by plaintiffs who claimed that the bank improperly changed interest rates and terms on certain credit cards, the Rhode Island Supreme Court has ruled....

Rhode Island Superior Court judge rules mechanic's lien can't be used to pursue debt.
February 16, 2004... Byline: Jason M. Scally An electrician who stopped working on a real estate development project could not enforce a mechanic's lien against the owner -- even where the electrician claimed the owner owed him money, a Superior Court judge...

R.I. Superior Court judge rules a warrant to collect blood was improper.
February 23, 2004... Byline: Jason M. Scally A Superior Court judge did not have the authority to issue a warrant for collecting a blood sample from a man charged with child molestation, the Rhode Island Supreme Court has ruled. The state argued, and a...

1st U.S. Circuit Court of Appeals Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion To Amend - Timeliness Where plaintiffs appeal an order denying a motion to amend their complaint, the order should be affirmed because of the plaintiffs' failure to...

U.S. Magistrate Judges Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Strip Search - Fourth Amendment Where a plaintiff has filed a civil rights action against the defendant Director of the Department of Corrections, claiming that the...

Commentary: What every lawyer should know about the Madrid Protocol before advising clients.
February 23, 2004... Byline: Amy B. Spagnole On Nov. 2, 2002, President Bush signed a long-awaited bill ratifying the United States' adherence to the Madrid Protocol, making the U.S. the 60th country to join the Protocol. The Protocol is an international...

R.I. Supreme Court rules low-damage suit can be brought in Superior Court.
February 23, 2004... Byline: John O. Cunningham A lawsuit claiming deceptive practices by a car manufacturer could be filed in Superior Court even where the amount of damages was less than the $5,000 jurisdictional minimum, the Rhode Island Supreme Court has...

New dean of Roger Williams University School of Law to raise school's visibility.
February 23, 2004... Byline: Jeanne Greeley A former law clerk and big-firm associate, newly minted Roger Williams University School of Law Dean David A. Logan will be the first to tell you he's no ivory-tower-type-of-guy. Take for example the fact that he's...

U.S. District Court Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Attorneys Sanction - Public Censure Where a New York attorney made misrepresentations while representing a plaintiff in a Rhode Island civil case, he engaged in misconduct justifying a...

R.I. Superior Court Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Labor Police - Internal Affairs Investigation Where a plaintiff union seeks to bar the defendant police department from proceeding with an internal affairs investigation of an incident in...

Rhode Island Commissioner of Education Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Education Out- Of-District Tuition Where the Portsmouth school committee alleges that the town council illegally retained tuition payments received for Little Compton students attending...

Rhode Island Supreme Court Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Consumer Protection Jurisdictional Minimum - DTPA Where a plaintiff's class action against a defendant vehicle manufacturer was dismissed for failure to satisfy the $5,000 jurisdictional...

Rhode Island State Ethics Commission Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Former State House Assistant - 'Revolving Door' Regulations Where the petitioner, a former Special Assistant to the Rhode Island House Majority Leader, now wishes to...

R.I. Workers' Compensation Court Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Rehabilitation Program Where a petitioner has requested that a trial judge approve a rehabilitation program in which the petitioner would be trained for 9 months as...

R.I. Commissioner of Education Case Summaries: February 23, 2004.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Education Gifted Children - Private School Where the Warwick school authorities have denied a private school student's request to enroll in Warwick's Accelerated Learning Activities...

Application forms for U.S. Magistrate position due March 12.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff PUBLIC NOTICE Appointment of United States Magistrate Judge United States District Court District of Rhode Island The U.S. District Court for the District of Rhode Island is...

R.I. Bar Assn's New Lawyers' Committee offers seminar for those with less than 5 yrs. experience.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Confused by the Superior Court's motion calendar? Relax. The Rhode Island Bar Association's New Lawyers' Committee is sponsoring a free seminar for those with five years or less of...

Pop vocabulary quiz taken from 1st Circuit Judge Bruce M. Selya's decisions.
February 23, 2004... Byline: Rhode Island Lawyers Weekly Staff Anyone familiar with 1st Circuit Judge Bruce M. Selya's decisions knows that having a dictionary handy can go a long way toward deciphering some of the more recondite ("not easily understood")...