Rhode Island Lawyers Weekly articles from February 2005

Rhode Island Lawyers Weekly archives from February 2005

Federal bankruptcy court rules debtor's ex-husband cannot seek relief in Family Court.
February 7, 2005... Byline: Lisa K. Bruno A debtor's ex-husband who had brought adversary proceedings to have his former wife's credit card debt declared nondischargeable could not seek the same relief in Family Court, a U.S. Bankruptcy Court judge has ruled....

Defense lawyers in case before Providence Superior Court proceed carefully in rape case.
February 7, 2005... Byline: Tony Wright Imagine that your client is facing three counts of sexual assault and his accuser is his adolescent daughter. Now consider how to proceed if pleading to a lesser offense is simply not an option. That's the scenario...

1st U.S. Circuit Court of Appeals Case Summaries: February 7, 2005.
February 7, 2005... Byline: Rhode Island Lawyers Weekly Staff Employment Termination - Political Affiliation Where a plaintiff filed suit against a defendant municipality and its codefendant mayor, alleging that the defendants violated the...

U.S. District Court Case Summaries: February 7, 2005.
February 7, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Class Action - Custody Proceedings Where a pro se plaintiff has brought a class action against the defendant state concerning custody proceedings, the complaint must be...

U.S. Bankruptcy Court Case Summaries: February 7, 2005.
February 7, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Divorce - Abstention Where a Chapter 7 debtor's ex-husband, after initiating an adversary proceeding seeking to have the debtor's credit card debt declared nondischargeable,...

Insurance co. gets contract despite errors by state, R.I. Supreme Court finds.(Rhode Island )
February 14, 2005... Byline: Jason M. Scally An insurance company should be awarded a contract to provide health coverage for state employees even though state officials failed to fully comply with Rhode Island's procurement law, the state Supreme Court has...

Rhode Island women stripped of inheritance awarded $1.65M.
February 14, 2005... Byline: Lisa K. Bruno A recent multimillion-dollar verdict obtained by Providence attorneys Thomas J. McAndrew and Kevin F. Bowen illustrates that it is possible to secure the interest of a client squeezed out of her share of her late...

Order waives filing fee concerning grand jury subpoenas to Rhode Island hospitals.(Brief Article)
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2005-2 RE: WAIVER OF FILING FEE CONCERNING GRAND JURY SUBPOENAS ISSUED TO...

R.I. Supreme Court Disbarments/Suspension Notice: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In the Matter of Christopher F. Long: No. 2005-030 M.P. ORDER The Respondent, Christopher F. Long, is a member of the Bar of this State. On November 8, 2004, the...

Rhode Island Lawyers in the News: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Professional Groups Kristen M. Fletcher, director of the Marine Affairs Institute and Sea Grant Legal Program at Roger Williams University School of Law, has been selected president-elect of...

1st U.S. Circuit Court of Appeals Case Summaries: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Administrative Medicare - Exclusive Remedy Where a defendant hospital asserts that there is no federal subject matter jurisdiction for the United States' common-law claims seeking...

U.S. District Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Insurance ERISA - Preemption Where a plaintiff alleges that the defendant insurance company's denial of the plaintiff's application for long-term disability benefits constituted a breach...

U.S. Bankruptcy Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Foreclosure - Automatic Stay Where (1) a lender conducted a foreclosure sale of the debtors' property following a dismissal of the debtors' Chapter 13 case and (2) the dismissal...

Reinstated stay won't help debtor save home, 1st Circuit Bankruptcy Appellate Panel rules.
February 14, 2005... Byline: John O. Cunningham A lender who conducted a foreclosure sale of debtors' property following a dismissal of the debtors' Chapter 13 case was allowed to rely on the finality of that sale even after the dismissal was later reversed...

R.I. Supreme Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Public Censure - Conversion Of Client Funds Where evidence indicates that an attorney failed at one time to maintain a client account and engaged in a conversion of client funds,...

Superior Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Commercial Trade Name - Ownership Rights Where a dispute has arisen as to who owns the trade name "3% Realty," I find (1) that it is an inherently distinctive trade name of a partnership...

Workers' Compensation Court Case Summaries: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Expert Medical Evidence Where an employee has appealed a trial judge's ruling on the employee's application for workers' compensation benefits, the appeal must fail...

State Ethics Commission Case Summaries: February 14, 2005.
February 14, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Planning Board Vice Chairman - Vote On Land Development Where the petitioner is vice chairman of the Tiverton Planning Board, it is our opinion that he is barred by the...

RI Superior Court judge rules arbitrator authorized to reinstate pension plan for officers.(Rhode Island)
February 21, 2005... Byline: Tony Wright Where a city repealed ordinances providing pension benefits for former police officers and firefighters, an arbitrator was authorized to reinstate the plans even though the workers were retired at the time of the...

U.S. District Court judge rules worker who retired voluntarily cannot sue former employer.
February 21, 2005... Byline: Lisa K. Bruno A worker who was informed she could no longer safely perform her job duties after she was placed on a portable oxygen tank could not sue her former employer for handicap discrimination where she had elected to retire,...

Providence attorney secures reversal of securities award.
February 21, 2005... Byline: Paul Boynton Legal claims of investors or employees against investment firms are almost exclusively determined by arbitration panels, which generally do not provide written explanations for their rulings. But that may be...

Roger Williams University Law Review celebrates 10-year anniversary.
February 21, 2005... Byline: Rhode Island Lawyers Weekly Staff Last year, the Roger Williams University School of Law celebrated its 10-year anniversary. This year, the Roger Williams University Law Review marked that same milestone with the publication of the...

1st U.S. Circuit Court Of Appeals Case Summaries: February 21, 2005.
February 21, 2005... Byline: Rhode Island Lawyers Weekly Staff Administrative Data Tower - Army Corps Of Engineers Where the U.S. Army Corps of Engineers issued a navigability permit for an offshore data tower in Nantucket Sound, the permit should be...

U.S. District Court Case Summaries: February 21, 2005.
February 21, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Auto Lender Where a defendant lender seeks an order requiring the plaintiff auto dealer to pay counsel fees incurred in an underlying dispute, the request must be denied...

U.S. Magistrate Judges Case Summaries: February 21, 2005.
February 21, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Court Costs - Remission Where a plaintiff (1) alleges that the Rhode Island state courts have wrongfully failed to remit certain court costs to him and (2) seeks relief from...

R.I. Supreme Court Case Summaries: February 21, 2005.
February 21, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Preliminary Injunction - Harassment Where a Superior Court judge granted a preliminary injunction barring the defendant from "harassing, interfering with, molesting or...

R. I. Superior Court Case Summaries: February 21, 2005.
February 21, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Petition For Post- Conviction Relief Where a criminal defendant has filed a petition for post-conviction relief based on a number of grounds, the present court finds (1) that his...

1st Circuit rules pro hac vice attorneys did not violate Federal Rule of Civil Procedure.
February 28, 2005... Byline: Tony Wright Sanctions brought against pro hac vice attorneys from Massachusetts and their local counsel for filing a frivolous motion and "judge shopping" should be modified to strike federal ethics violations, the 1st U.S. Circuit...

1st Circuit ruling will allow completion of Naragansett Indian housing project for the elderly.
February 28, 2005... Byline: John O. Cunningham A recent ruling by the 1st U.S. Circuit Court of Appeals authorizing the placement of 31 acres of Charlestown land into a federal trust for the benefit of the Naragansett Indians will pave the way for completion...

Commentary: Litigation tactics in mediation: are they ethical?
February 28, 2005... Byline: Bette J. Roth As litigation counsel, have you at some point bluffed your opponent, protected sensitive information, overstated your case or been less than candid? If so, would you have considered it part of the zealous...

Rhode Island Winter Judicial Conference set.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT No. 2005-02 EXECUTIVE ORDER Pursuant to the authority granted to the Chief Justice of the Supreme Court under Section 8-15-2 of the General Laws of the State of Rhode...

U.S. Bankruptcy Court, District of Rhode Island, amends rules.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND BANKRUPTCY GENERAL ORDER No. 05-001 In re: Amendments to Local Rules Amended ORDER AMENDING LOCAL RULES AND FORM ...

U.S. Supreme Court Case Summaries: February 28, 2005.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Double Jeopardy - Revocation Of Acquittal Order A judge's revocation of a mid-trial order of acquittal violates the Double Jeopardy Clause. Smith v. Massachusetts (Lawyers...

1st U.S. Circuit Court of Appeals Case Summaries: February 28, 2005.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Sanctions - Rule 11 - Ethical Rules Where a judge, in connection with an unsuccessful defense motion for recusal, issued an order imposing sanctions on defense counsel based on a...

U.S. District Court Case Summaries: February 28, 2005.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff Copyright Infringement - Brooch Where a plaintiff alleges that the defendant retailer has been selling jewelry that infringes upon the plaintiff's copyright, numerous issues of material...

U.S. Magistrate Judges Case Summaries: February 28, 2005.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Dismissal Where (1) a plaintiff has moved to dismiss the present action "with prejudice, with each party to bear their own costs and fees" and (2) the defendant has stated,...

R.I. Supreme Court Case Summaries: February 28, 2005.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Discipline - Contempt Where a respondent associate magistrate of the Rhode Island Traffic Tribunal (1) admitted to certain misconduct, (2) was suspended by the Rhode Island...

Workers' Compensation Court Case Summaries: February 28, 2005.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Contribution - Commutation Where an employer, who paid an injured employee workers' compensation including a commutation or lump sum settlement, filed an...

Rhode Island State Ethics Commission Case Summaries: February 28, 2005.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Former Legislative Director - Lobbying Where the petitioner is a former legislative director for the Governor, it is our opinion that he is permitted by the State Code...

Verdicts & Settlements February 28, 2005: Police officer claims harassment for reporting violations.
February 28, 2005... Byline: Rhode Island Lawyers Weekly Staff $91,500 Settlement In 1996, the plaintiff, a Tiverton police officer, submitted a written report to his supervising officer alleging unlawful acts and violations of department procedures by...