Rhode Island Lawyers Weekly articles from February 2007

Rhode Island Lawyers Weekly archives from February 2007

Community Mediation Center of Rhode Island holds annual fundraiser.
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff The Community Mediation Center of Rhode Island's annual fundraiser drew more than 100 judges and legislators eager to honor the recipients of the Chief Justice Frank J. Williams Award for Excellence...

Commentary: Rhode Island legal legend lives on.(Aram Berberian)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff The name of one of the most eccentric characters in Rhode Island legal history came up during a recent state Supreme Court proceeding. The occasion was the hearing on proposed changes to the...

The Timepiece: February 3, 1992; February 7, 1994; February 3, 1997.(Brief article)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff The Timepiece is an occasional Hearsay feature that goes back in time to recall events in the Rhode Island legal-judicial community, as reported in previous issues of Rhode Island Lawyers Weekly. In...

Rhode Island Supreme Court denies fee request in partition case.(Moore, et al. v. Ballard, et al.)
February 5, 2007... Byline: Noah Schaffer A request for counsel fees in a partition proceeding could not be granted where the request was filed nearly two years after final judgment, the Rhode Island Supreme Court has ruled. The plaintiff trust argued...

Rescission class action disallowed under Truth in Lending Act, 1st Circuit rules.(McKenna, et al. v. First Horizon Home Loan Corp.,)
February 5, 2007... Byline: Eric T. Berkman A group of homeowners seeking to rescind their home refinancing loans in response to their lender's alleged violation of the Truth in Lending Act (TILA) could not be certified as a class, the 1st U.S. Circuit Court...

More law firms appointing in-house counsel to handle possible conflicts of interest.
February 5, 2007... Byline: Noah Schaffer When the law firms of Edwards & Angell and Palmer & Dodge announced they were merging, Deming E. Sherman had his work cut out for him. As general counsel for the firm, Sherman, who practices in the Providence office,...

Rules of Criminal Procedure Amended: February 5, 2007.(Brief article)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Amendments to Super. R. Crim. P. 24 (Trial Jurors) ORDER In accordance with G. L. 1956 (1997 Reenactment) Sect. 8-6-2, as amended, the attached proposed amendments...

R.I. Supreme Court Case Summaries: February 5, 2007.(Moore, et al. v. Ballard, et al.)(Hagopian v. Hagopian)(Silva v. Fitzpatrick)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Partition Where a plaintiff trustee seeks attorney's fees in an action to partition a parcel of real estate that formerly housed an alcohol rehabilitation center, that...

State Ethics Commission Case Summaries: February 5, 2007.(Brief article)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town council member - Custodian position Where an individual is serving as a member of the Charlestown Town Council, it is our opinion that the State Code of Ethics...

Superior Court Case Summaries: February 5, 2007.(State v. Celona)(Liberty Mutual Insurance Co. v. National Council on Compensation Insurance, Inc.)(Lime Rock Fire District, Inc. v. IAFF)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Double jeopardy - Ethics Commission fines Where proceedings have taken place before the Rhode Island Ethics Commission resulting in civil fines being imposed on the defendant, I...

U.S. Bankruptcy Court Case Summaries: February 5, 2007.(In re: IDC Clambakes, Inc.)(In Re: Degnan, Thomas G.)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Trespass - Money damages Where a condominium association alleges that a debtor has trespassed on a portion of its land, the present court finds that a trespass did occur but...

1st U.S. Circuit Court of Appeals Case Summaries: February 5, 2007.(In Re: Wilding, Donald J.)(McKenna, et al. v. First Horizon Home Loan Corp.)(Jeneski v. City of Worcester, et al.)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Judicial lien - Motion to vacate Where a debtor filed a motion to avoid a judicial lien, the motion should not have been denied despite the fact that the lien had been satisfied...

U.S. Magistrate Judges Case Summaries: February 5, 2007.(Lantor, Inc. v. Nicassio Corporation)(Brief article)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Default judgment Where (1) evidence indicates that the present court has subject matter jurisdiction over this breach of contract and unjust enrichment action and personal...

Workers' Compensation Court Case Summaries: February 5, 2007.(Wood v. Aramark Food Services )(Brief article)
February 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Cervical radiculopathy Where a trial judge has awarded a food service worker weekly workers' compensation benefits, we hold that the award should be upheld as it is...

Commentary: Are you afraid to succeed?(Column)
February 5, 2007... Byline: Edward Poll I ended a recent column on success in 2007 by suggesting that you should be certain that you want to succeed. During the holidays, I participated in a fascinating e-mail exchange with members of an online listserv...

Commentary: Act offers tax incentives for 'giving away the farm'.
February 12, 2007... Byline: Joseph R. Marion III National reports have shown that conserving open space in communities attracts jobs, enhances property values and saves billions in government costs. For aging landowners with large homesteads and family...

1st Circuit rules expert is not required in child porn case.(Ashcroft v. Free Speech Coalition)
February 12, 2007... Byline: Noah Schaffer The government was not required to introduce expert evidence to prove that a defendant was in possession of child pornography, the 1st U.S. Circuit Court of Appeals has ruled. The defendant argued that under the...

R.I. Supreme Court rules 'recreational use' law not applicable to private property.(Rhode Island)(Bucki v. Hawkins)
February 12, 2007... Byline: Eric T. Berkman The Recreational Use Statute did not shield the owner of a lakeside home from liability for a severe spinal-cord injury suffered in a diving accident by a guest of the couple living in the home, the Rhode Island...

Law school professor fights back against 'bullying' in the workplace.(David C. Yamada)
February 12, 2007... Byline: Noah Schaffer David C. Yamada is on a mission. Upon learning that one of his friends was being mistreated by her bosses, Yamada decided to tackle the problem of workplace bullying head-on by drafting model legislation that...

R. I. Bankruptcy Court issues notice of adopted amendments.(Rhode Island)(Brief article)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND NOTICE OF ADOPTION Amendment of Local Rules, Forms and Appendix Effective February 1, 2007 Local...

R.I. Supreme Court announces revised list of hearing dates.(Rhode Island)(Calendar)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT HEARING DATES 2006-2007 Term September 25 and 26 October 3, 4, 10, 30 and 31 November 1, 8, and 9 December 4, 5, 11, 12 and 13 January 22, 23, 24, 29 and 30...

R.I. Supreme Court posts hearing calendar.(Brief article)(Calendar)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff SHOW CAUSE CALENDAR FEBRUARY 27, 2007 9:30 A.M. CAROLYN L. KING V. GRAND CHAPTER OF R.I. ORDER OF THE EASTERN STAR 2006-133 Stephen BreggiaRobert Quigley FULL ARGUMENT...

R.I. Human Rights Commission Case Summaries: February 12, 2007.(Rhode Island)(D'Alessio v. Pilkington US AGR Automotive Glass Replacement, et al.)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Employment Handicap discrimination - ADHD Where a complainant was discriminated against on the basis of his disability (attention deficit and hyperactivity disorder), the respondent...

R.I. Supreme Court Case Summaries: February 12, 2007.(Rhode Island)(Banks v. Bowen's Landing Corp.)(Hanley v. State)(Bucki v. Hawkins)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Negligence Diving injury Where (1) the defendant allowed a family to live at her lakeside home year-round and rent-free in return for their maintaining the property, (2) one of the...

Superior Court Case Summaries: February 12, 2007.(Cunha, et al. v. Zoning Board of Review of Town of West Warwick )
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Zoning Special use permit - Inadequate findings Where the West Warwick zoning board denied an application for a special permit to construct a four-unit, multi-family dwelling, the board...

1st U.S. Circuit Court of Appeals Case Summaries: February 12, 2007.(United States v. Rodriguez-Pacheco)(United States v. Martinez-Vives )
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Child pornography - Expert evidence Where a defendant convicted of child pornography has appealed the sentence imposed, the appeal must fail because, contrary to the defendant's...

U.S. District Court Case Summaries: February 12, 2007.(Gray, et al. v. Derderian, et al.)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Products liability Fatal fire - Polystyrene foam insulation Where a complaint has been filed seeking to hold liable the defendants that manufactured and sold polystyrene foam insulation...

Rhode Island law firms announce staffing changes: February 12, 2007.(Brian T. Dougan of Gibson and Behman will lead the new open office at St. John)(David J. Pellegrino )
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Gibson & Behman, which has an office in Providence, has opened an office in St. John, U.S. Virgin Islands. Brian T. Dougan, who previously headed the Providence office, will lead the St. John...

Rhode Island attorneys receive promotions.(Tracy C. Baran and Linn F. Freedman)(Brief article)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Tracy C. Baran has been named a partner at Partridge, Snow & Hahn in Providence. Baran focuses her practice on advising real estate owners and developers on acquisitions, sales and leasing, title,...

Burns & Levinson law firm honored for its Power of an Idea Scholarship Contest.(Brief article)
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Burns & Levinson, which has an office in Providence, has been honored by the New England chapter of the Legal Marketing Association for the firm's Power of an Idea Scholarship Contest. The firm...

Commentary: Reuniting a firm divided.(Column)
February 12, 2007... Byline: Edward Poll Lawyers who are together physically in an office environment share a camaraderie that shapes the development of a firm culture. However, in many of today's geographically diverse mega-firms, partners are that in...

How to ...communicate with clients through e-mail newsletters.
February 12, 2007... Byline: Rhode Island Lawyers Weekly Staff How To... offers advice on a variety of subjects related to the management of a law practice. This week, the advice, from legal marketing consultant Trey Ryder is about communicating with existing...

Commentary: Attorney plumbs depths of New England fishing lore.(The Bastard's Weapon)(Book review)
February 12, 2007... Byline: Marsha V. Kazarosian "The Bastard's Weapon" By Joseph M. Orlando Xlibris Corp., 2006 238 pages, $19.95 * * * For those who don't keep tabs on lawyer literary circles, the New England bar has yet another...

Commentary: Court throws bone to Haute Diggity Dog in recent IP case.(intellectual property)(Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC, 2006 WL 3182468)
February 19, 2007... Byline: Kirk Teska The Eastern District of Virginia granted summary judgment to Haute Diggity Dog, LLC, the proprietor of "Chewy Vuiton" dog toys, over the objections of Louis Vuitton, in part because of a parody defense by Haute Diggity...

A class act: Providence-based Adler, Pollock & Sheehan has vision.
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Providence-based Adler, Pollock & Sheehan has a vision: to see a more diverse legal community that will, in turn, better serve the public, clients, colleagues and the bar. And in order to make...

Providence attorney John J. Partridge has his first published murder-mystery novel.
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Move over Sherlock Holmes, there's a new detective in town -- Algy Temple. The fictional Temple is the name of the attorney-turned-detective developed by the creative mind of Providence...

U.S. Circuit COA rules public employee cannot file ADEA retaliation claim.(Gomez-Perez v. Potter)(Case overview)
February 19, 2007... Byline: Eric T. Berkman A government employee who claimed she was mistreated at work after filing an age-discrimination complaint against her supervisors could not bring a retaliation claim under the Age Discrimination in Employment Act,...

Superior Court judge rules parents forced to honor oral promise to sell home.(King v. King)(Case overview)
February 19, 2007... Byline: Noah Schaffer Parents who changed their minds about real estate they had promised their son could be forced to go through with the sale, even where the promise was not in writing, a Superior Court judge has determined. The...

Defense witness helps sway jury in $21.5M verdict.
February 19, 2007... Byline: Noah Schaffer The testimony of a co-defendant may have played a key role in this month's $21.5 million verdict awarded to the family and estate of a 34-year-old immigrant mother who died after repeated visits to a hospital...

Bankruptcy Court issues proposed rule amendment.(Brief article)
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND NOTICE OF PROPOSED LOCAL RULE AMENDMENT Pursuant to 28 U.S.C. Sect. 2071, Fed. R. Civ. P. 83, Fed. R....

R.I. Superior Court posts Order No. 2007-02.(Brief article)
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2007-02 RE: Appeals from Kent Count District Court a) CIVIL: All...

Commissioner of Education Case Summaries: February 19, 2007.
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Education Interim order - Status quo placement Where a request has been made for an interim order maintaining a child's status quo placement in an out-of-district pre-school program as...

R.I. Superior Court Case Summaries: February 19, 2007.
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Contract Real property - Specific performance Where a plaintiff is seeking specific performance of a land sale contract, this court holds that he should be granted the relief requested, as...

1st U.S. Circuit Court of Appeals Case Summaries: February 19, 2007.(American Airlines Inc.)(Frank Wetmore)(United States Postal Service's John Potter )
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Consumer protection Airlines - Refunds Where plaintiffs, who purchased nonrefundable airline tickets that they ultimately were unable to use, filed suit alleging that the defendant...

Wineberg joins Chace, Ruttenberg & Freedman in Providence.(Don E. Wineberg)(Brief article)
February 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Don E. Wineberg has joined Chace, Ruttenberg & Freedman in Providence as a partner. He focuses his practice on health care.

Commentary: What do clients value?(Lawyer's Competitive Edge)(Column)
February 19, 2007... Byline: Edward Poll Clients consult a lawyer because they need help with a problem they cannot solve on their own. This leads to a legitimate question: Which is more important -- the quality of a lawyer's advice or the way that advice is...

The latest in technology ... just for lawyers.
February 19, 2007... Byline: Dick Dahl In an effort to keep lawyers up-to-date on the ever-changing world of legal technology, the following roundup takes a look at some of the latest gadgets, software programs and services. This review includes new...

R.I.'s largest jury verdicts of 2006.(Ernst v. King Wa Restaurant, Rhode Island)(Brief article)
February 19, 2007... Byline: Alyssa Cutler 1. $10.49 Million Negligence & tort Ernst v. King Wa Restaurant d/b/a Chen's Village Restaurant, et al. Washington Superior Court, No. 03-0146 Date of verdict: Feb. 9, 2006 Plaintiff's counsel:...

Market may be factor in zoning board remands.
February 26, 2007... Byline: Noah Schaffer Municipal zoning boards in Rhode Island are having their decisions overturned on appeal in Superior Court at a higher rate than usual, according to an analysis of zoning board appeals reported by Lawyers Weekly in...

Insurance co. administrator can be sued for bad faith.(Robertson Stephens, Inc., et al. v. Chubb Corp.)
February 26, 2007... Byline: Eric T. Berkman A financial-services company could sue its insurance carrier's claims administrator for bad faith based on the administrator's alleged mishandling of a breach of contract claim, a U.S. District Court judge has...

EPA's 21-month delay in waste cleanup OK.
February 26, 2007... Byline: David E. Frank A 21-month delay by the government in cleaning up environmental contamination detected at a manufacturing facility did not amount to a violation of federal law, the 1st U.S. Circuit Court of Appeals has ruled. ...

Clarification.(Correction notice)
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff A story in last week's issue, "Parents forced to honor oral promise to sell home," stated that the case of King v. King, et al. was jury-waived. The defense had requested a jury trial, but before...

R.I. Supreme Court Case Summaries: February 26, 2007.(Rhode Island)(State v. Brown)(Marques v. Pawtucket Mutual Insurance Company, et al.)(Estate of Dellefratte v. Dellefratte)
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation violation - Due process Where a defendant has challenged, on due process grounds, a Superior Court decision finding that he violated his probation, we hold that his...

Superior Court Case Summaries: February 26, 2007.(Copley Distributors, Inc., et al. v. Anheuser-Busch, Inc., et al.)
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Commercial Injunctive relief - Beer Industry Fair Dealing Law Where plaintiffs, who allege that the defendants have violated the Beer Industry Fair Dealing Law, are seeking injunctive...

U.S. Bankruptcy Court Case Summaries: February 26, 2007.
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy 'Projected disposable income' - Chapter 13 plan Where a debtor appeals from a bankruptcy judge's order denying confirmation of a Chapter 13 plan, the appeal must fail, as the...

1st U.S. Circuit Court of Appeals Case Summaries: February 26, 2007.(United States v. Pesaturo)(United States v. Trainor )
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Evasion of federal fuel excise taxes Where a defendant has appealed his conviction for evading federal fuel excise taxes, conspiring with his employer to do so and providing a...

U.S. District Court Case Summaries: February 26, 2007.(Monteiro v. United States)(Robertson Stephens, Inc., et al. v. Chubb Corp., et al.)
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Habeas corpus Felon in possession of firearm Where a petitioner, having pled guilty to being a felon in possession of a firearm, seeks habeas corpus relief, the petition must be denied, as...

U.S. Supreme Court Case Summaries: February 26, 2007.(Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.)(Philip Morris USA v. Williams )
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Antitrust 'Predatory bidding' "Predatory bidding" -- purchasing goods at higher prices in order to keep them beyond a competitor's reach -- violates Sect. 2 of the Sherman Act. ...

Commentary: What is your unique selling proposition?
February 26, 2007... Byline: Edward Poll A consultant who teaches the principles of networking was conducting a seminar dressed as a clown. This was his way of "breaking the ice" when first meeting people. The costume gave him a topic to open the conversation...

How to ... make your law office accessible to disabled employees and clients.(Interview)
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff How To... offers advice on a variety of subjects related to the management of a law practice. This week, reporter Barbara Rabinovitz asks Natick, Mass., attorney Annette M. Hines, whose estate...

Follow the 'Rules' for safe blog use.
February 26, 2007... Byline: Correy E. Stephenson As blogging makes its way into the business world, companies need to be aware of the risks as well as the rewards of the latest mass communication phenomenon. "Blogs are a rapidly growing tool that...

Verdicts & Settlements February 26, 2007: Woman develops disorder from medication.(Trigo v. Millerick)
February 26, 2007... Byline: Rhode Island Lawyers Weekly Staff $1.25 million verdict The defendant had been the 65-year-old plaintiff's primary care physician since 1989. The defendant had prescribed theodur, prednisone, ventolin inhaler, vanceril inhaler...