Rhode Island Lawyers Weekly articles from February 2006

Rhode Island Lawyers Weekly archives from February 2006

1st U.S. Circuit Court of Appeals Case Summaries: February 6, 2006.(employment and handicapped discrimination case)(Goodwin v. C.N.J., Inc)(immigration case)(Zeng v. Gonzales)(Patent and trademark Infringement case)(Attrezzi, LLC v. Maytag Corporation)
February 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Employment Handicap discrimination - Money damages - Title III of ADA Where (1) an employee brought a handicap discrimination suit against the defendant employer, (2) the defendant was...

U.S. District Court Case Summaries: February 6, 2006.(Dubois Marine Specialties, breach of contract petition )
February 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Jurisdiction Personal - Forum selection clause Where a Canadian defendant has moved to dismiss a plaintiff's complaint for lack of personal jurisdiction, the motion should be denied in...

U.S. Magistrate Judges Case Summaries: February 6, 2006.
February 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Attorneys Pro hac vice - Submission of false evidence Where defendants have moved to revoke the pro hac vice privileges of the plaintiff's out-of-state counsel, the motion should be denied...

R.I. Supreme Court Case Summaries: February 6, 2006.(Rhode Island)
February 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Disorderly conduct - Home Where a criminal complaint charging a defendant with disorderly conduct under G.L. Sect. 11-45-1(a)(1) was ordered dismissed, the dismissal order must be...

Rhode Island Superior Court Case Summaries: February 6, 2006.
February 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Arbitration Police officer - 'IOD' status Where an arbitrator ruled that a police officer was entitled to retain his on "injured on duty" status and could not be required to return to...

Rhode Island State Ethics Commission Case Summaries: February 6, 2006.
February 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Parole supervisor - Private counseling Where a probation and parole supervisor wishes to know whether he may accept a part-time position to provide counseling and...

Rhode Island Supreme Court rules disorderly conduct in man's home is illegal.
February 6, 2006... Byline: David E. Frank A man could be prosecuted for disorderly conduct even where the dispute he was involved in occurred within the privacy of his own home, the Rhode Island Supreme Court has found. The defendant argued that the...

Rhode Island Supreme Court rules opinion work product not discoverable.(Crowe Countryside Realty Associates Company LLC, Novare Engineers Inc.)
February 6, 2006... Byline: Tony Wright The plaintiff in an engineering-malpractice suit was not required to produce all communications between its attorney and the experts it had retained where such production constituted opinion work product, the Rhode...

Doctor's consultation with colleague deemed hearsay by R.I. Supreme Court.(Perry v. Alessi)
February 13, 2006... Byline: Jason M. Scally A doctor in a medical-malpractice trial was properly barred from testifying about a conversation with a consulting physician, even where the doctor claimed that the conversation was a significant factor leading to...

Commentary: Rhode Island Lawyers Weekly gets a fresh, new coat of paint.
February 13, 2006... Byline: David Yas New look. New feel. And some new "stuff." Same newspaper. Trust me. Same newspaper. You're looking at a new and improved Rhode Island Lawyers Weekly, the product of months upon months of contemplation and...

R.I. Supreme Court Case Summaries: February 13, 2006.(State v. Castro, Perry v. Alessi)
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Delivery of controlled substance Where a defendant, who was convicted of delivering a controlled substance, has challenged that conviction, we conclude that his challenge must...

Verdicts & Settlements February 13, 2006: Jury returns $2.5M verdict for parents of baby who died.(Arriaza v. Women & Infants Hospital)
February 13, 2006... Byline: Barbara Rabinovitz An expectant couple that sought medical treatment at Women & Infants Hospital only to lose the baby the following day was awarded $2.5 million by a Providence County Superior Court jury last week. The award...

Rhode Island Lawyers in the News: February 13, 2006.(Douglas J. Emanuel joins Chace, Ruttenberg & Freedman)(Walter G.D. Reedn joins Edwards, Angell, Palmer & Dodge)(Paul V. Sullivan and Michael J. Marcello joins Morrison Mahoney)(Brief Article)
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Promotions Douglas J. Emanuel has been named a partner in the Providence firm of Chace, Ruttenberg & Freedman. Walter G.D. Reed, a partner in the Providence office of Edwards, Angell,...

Rhode Island governor proposes $6.58B budget.(Donald L. Carcieri)
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri's budget plan calls for the state to cut jobs, benefits to state workers and services to the poor to make ends meet. At the same time, the Republican governor proposes...

Commentary: Medical marijuana law stirs debate.
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Contrary to the hopes of many ailing individuals who appeared before the General Assembly to advocate for legalizing medical marijuana earlier this year, the law is deliberately silent on the...

Commentary: Casino issue belongs to Rhode Island voters, not the court.
February 13, 2006... Byline: Patrick T. Conley The state Supreme Court is denying the people of Rhode Island the right to vote on the casino question. What has caused this incongruous situation? The state Supreme Court in a 1981 decision Roberts v....

1st U.S. Circuit Court of Appeals Case Summaries: February 13, 2006.
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Agency and partnership Distributions - Jurisdiction Where three plaintiffs filed suit against numerous defendants in a case arising out of the plaintiffs' allegation that they were...

U.S. District Court Case Summaries: February 13, 2006.(Brief Article)
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Severance - Fourth-party claims Where a plaintiff has moved to sever the fourth-party complaints so that trial on the plaintiff's claims against the defendants may proceed,...

U.S. Bankruptcy Court Case Summaries: February 13, 2006.(Brief Article)
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Student loan - Discharge Where a U.S. Bankruptcy Court judge ruled a debtor's student loan obligation dischargeable pursuant to 11 U.S.C. Sect. 523(a)(8), we hold that the...

U.S. Magistrate Judges Case Summaries: February 13, 2006.(Gorres v. The University of Rhode Island)
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Employment Discrimination - Gender - URI Where a plaintiff has filed a discrimination claim seeking to hold the defendant Rhode Island Board of Governors for Higher Education liable for...

Superior Court Case Summaries: February 13, 2006.
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Administrative Certificate of need - Endoscopy facility Where the defendant Rhode Island Department of Health has granted an endoscopy center a certificate of need permitting it to open two...

Commissioner of Education Case Summaries: February 13, 2006.(Student I. v. Warwick School Committee, Tanguma v. Providence School Board, Teacher Tenure Act)(Brief Article)
February 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Nonrenewal - Probationary teacher Where the Providence School Board decided not to renew a probationary teacher's contract, we hold that the Board acted permissibly based on its...

Commentary: Distinguishing discretion in discretionary trusts.
February 13, 2006... Byline: Alexander A. Bove Jr. and Melissa Langa You are serving as trustee of a trust established several years ago by a client. Your firm drafted the trust, and in accordance with the client's wishes, it is a "discretionary" trust, meaning...

Rhode Island governor denies budget targets state workers.(Donald L. Carcieri)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri defended his plan to strip state workers of several benefits, saying Rhode Island needs to fix its "archaic" personnel system so it can prosper, according to The Providence...

Rhode Island Health Dept. seeks hospital oversight.(Roger Williams Medical Center )(Brief article)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff The state's Department of Health is seeking greater control over a hospital indicted during a probe into influence-peddling at the Statehouse. Health officials presented Roger Williams Medical...

1st Circuit invites comments on reappointment of U.S. Bankruptcy Court judge.(Joan N. Feeney)(Brief Article)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff FULL PUBLIC NOTICE FOR THE REAPPOINTMENT OF A BANKRUPTCY JUDGE The current term of office of Joan N. Feeney, United States Bankruptcy Judge for the District of Massachusetts, is due to expire on...

Medicaid changes to turn planning on its head, warn elder law attorneys.
February 20, 2006... Byline: Sylvia Hsieh Buried in the 750-page federal budget bill is a bombshell for lawyers who practice elder law and estate planning changes to the Medicaid long-term care eligibility rules that threaten to turn Medicaid planning on its...

U.S. Bankruptcy Court Case Summaries: February 20, 2006.
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Appeal - Standing - Sale of assets Where appellants have challenged a bankruptcy court's order denying the Chapter 7 trustee's motion seeking authority to sell certain assets to...

Rhode Island Human Rights Commission Case Summaries: February 20, 2006.
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Employment Discrimination - Race Where a complainant charges the respondent employer with failing to hire him on the basis of race, the complaint must be dismissed because of weaknesses in...

Rhode Island Commissioner of Education Case Summaries: February 20, 2006.(Parents of Student D. v. Johnston School Committee )
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Tutoring Where a private school student is presently unable to attend classes because of a non-chronic illness, the local public school department is under no legal obligation to...

Joseph R. Marion III joins Newport office of Correira and Associates.(Brief Article)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Joseph R. Marion III has joined the Newport office of Correira and Associates as a senior associate. Previously, Marion was with Sayer, Regan, Thayer & Flanagan in Newport.

Commentary: Warrantless electronic surveillance under FISA.(Foreign Intelligence Surveillance Act )
February 20, 2006... Byline: Christopher J. Hunter The Senate Judiciary Committee opened a hearing Feb. 6 inquiring into reports of electronic surveillance allegedly done in contravention of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. sections...

1st U.S. Circuit Court of Appeals Case Summaries: February 20, 2006.(Clean Water Act of 1977)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Sanctions - Motion for relief from judgment Where a plaintiff was sanctioned for filing a frivolous motion for relief from a judgment in favor of the defendant, the sanctions...

U.S. District Court Case Summaries: February 20, 2006.(Employee Retirement Income Security Act of 1974, United States Constitution. 8th Amendment)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Prisons Eighth Amendment Where a plaintiff has objected to a magistrate judge's report and recommendation, the report and recommendation should be adopted except as to the magistrate...

U.S. Magistrate Judges Case Summaries: February 20, 2006.(Prison Litigation Reform Act of 1996)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Contempt motion Where (1) the plaintiff manufacturer of the "MONOPOLY" board game filed a trademark and copyright infringement suit against the defendant maker of the...

Verdicts & Settlements February 20, 2006: Woman slips outside dance studio, suffers injuries.(Brief Article)
February 20, 2006... Byline: Rhode Island Lawyers Weekly Staff On or about Dec. 18, 2002, the plaintiff was picking up her daughter from dance class when she slipped on ice on the sidewalk/apron outside the dance studio as she came out of the entrance. The...

1st U.S. Circuit Court of Appeals Case Summaries: February 27, 2006.
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil rights Due process - Political discrimination Where the defendants the Puerto Rico Electric Power Authority and its officials were awarded summary judgment on a complaint brought by...

R.I. Supreme Court Decisions February 27, 2006.(Marijuana possession case)(State v. Mondesir)(child custody case)(Gallagher v. Dutton)(lis pendens case)(Sturbridge Home Builders, Inc. v. Downing Seaport, Inc)
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation revocation Where a defendant has appealed a revocation of his probation, we hold that the appeal must fail, as the revocation is supported by evidence that the defendant...

Commissioner of Education Case Summaries: February 27, 2006.(teacher suspension petition)
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Suspension of teacher Where the Providence School Board suspended a tenured teacher for five days without pay, we find that the Board did so without good and just cause. ...

Commentary: Happy birthday! Here's your bland cake and lousy card.
February 27, 2006... Byline: David Yas My mom recently celebrated her birthday. Yes, the amazing attorney Susan Yas turned 39 (well, she still looks 39). All of this has relatively little to do with my column this week. But admit it, if you had a soapbox...

U.S. Supreme Court Decisions February 27, 2006.
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Arbitration Validity of contract When the validity of an entire contract is challenged, and not simply an arbitration clause contained in it, that issue must be decided by an arbitrator....

U.S. District Court Case Summaries: February 27, 2006.
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Interlocutory appeal - Arbitration Where (1) a Chapter 13 debtor initiated an adversary proceeding challenging the validity of a home mortgage, (2) the defendant lenders moved...

Superior Court Case Summaries: February 27, 2006.
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Speedy trial Where a defendant has moved to dismiss an indictment on speedy trial grounds, the motion must be denied, as no constitutional violation has been shown. "Before...

Workers' Compensation Court Case Summaries: February 27, 2006.
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Psychological injury Where a judge found that an employee had suffered a work-related neck injury but that the employee's psychic injury was not compensable, the...

State Ethics Commission Case Summaries: February 27, 2006.
February 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Fire District Board of Commissioners - Court appearances Where two members of the East Greenwich Fire District Board of Commissioners have appeared in court to testify...

Commentary: Who owns your blog: IP issues to consider.(intellectual property)
February 27, 2006... Byline: John E. Ottaviani Your new client calls with a question. She has heard about other business owners who are operating "blogs" and wants to start one for her business. She asks whether there are any legal issues regarding her...