Rhode Island Lawyers Weekly articles from February 2009

Rhode Island Lawyers Weekly archives from February 2009

Commentary: can employers and the EEOC speak the same language?
February 2, 2009... Byline: Kevin Hensley Over the past several years, employers have become increasingly leery of their right to implement and enforce English language policies in the workplace. The conventional wisdom is that such policies must be...

'Workpapers' protected from disclosure to IRS, rules 1st Circuit.
February 2, 2009... Byline: Eric T. Berkman Tax-accrual workpapers prepared by a company in order to determine how much cash it should reserve in case the IRS disputed its tax returns were protected by the work-product doctrine, the 1st U.S. Circuit Court of...

Arbitration clause's validity not arbitrable, rules 1st Circuit: question must be decided by judge.
February 2, 2009... Byline: Thomas E. Egan A dispute over the validity of an arbitration clause in a franchise agreement should be decided in court and not by an arbitrator, the 1st U.S. Circuit Court of Appeals has decided. The defendant company seeking...

Superior Court.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Administrative Increase in privileges Where legal counsel for the Department of Mental Health, Retardation and Hospitals has moved to increase the privileges of a defendant who was...

U.S. Bankruptcy Court.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Adversary proceeding dismissal Where a U.S. Bankruptcy Court judge dismissed an adversary proceeding which a debtor had initiated against certain defendants, we hold that the...

U.S. Magistrate Judges.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Prisons Claims against state, court clerks and court-appointed counsel Where the plaintiff, a pro se prison inmate, has filed a motion to proceed in forma pauperis, the motion should be...

U.S. Supreme Court.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil rights 'Poor training' allegation Police and prosecutors are shielded by absolute immunity from a 42 U.S.C. Sect. 1983 claim alleging poor training, poor supervision and...

Commentary: some breathing room on an IOLTA dilemma.
February 2, 2009... Byline: Edward Poll Managing and accounting for client funds held in trust is a personal responsibility of each lawyer, who bears all the responsibility of accounting for every penny. In an accounting sense, these funds are a liability of...

Commentary: workplace is no place for teary outburst.
February 2, 2009... Byline: Gretchen Neels In Do the Right Thing, consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. As a woman attorney, I get mixed messages about showing...

Commentary: the who, what, why and so forth of malpractice policies.
February 2, 2009... Byline: William C. Saturley and Joseph S. Callanan Risk-Free Business is an occasional feature intended as a guide for lawyers on the topic of professional liability insurance. Our most recent column introduced certain provisions that...

U.S. Supreme Court Case Summaries: February 2, 2009.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Constitutional Fourth Amendment - Qualified immunity If a drug dealer unwittingly invites an informant into his home for a drug deal, and that informant signals the police to come in and...

U.S. Magistrate Judges Case Summaries: February 2, 2009.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Prisons Claims against state, court clerks and court-appointed counsel Where the plaintiff, a pro se prison inmate, has filed a motion to proceed in forma pauperis, the motion should be...

U.S. Bankruptcy Appellate Panel Case Summaries: February 2, 2009.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Bankruptcy Adversary proceeding dismissal Where a U.S. Bankruptcy Court judge dismissed an adversary proceeding which a debtor had initiated against certain defendants, we hold that the judge...

Rhode Island Supreme Court Case Summaries: February 2, 2009.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Attorneys Reciprocal discipline Where an attorney was publicly reprimanded in Massachusetts for preparing, for a non-relative client, a will pursuant to which the attorney received a...

Rhode Island Superior Courts Case Summaries: February 2, 2009.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Civil practice Contempt Where the plaintiff has videotaped members of a neighboring defendant's family and has flown flags within feet of the defendant's home, I find that the plaintiff has...

Rhode Island Workers' Compensation Court Case Summaries: February 2, 2009.
February 2, 2009... Byline: Rhode Island Lawyers Weekly Staff Report Workers' compensation Eyeglasses Where a judge ordered a respondent to pay up to a certain amount for corrective eyeglasses which the petitioner had not yet purchased, we hold that the order...

State Ethics Commission.
February 9, 2009... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Planning commission member - Daughter's appointment to town council Where the petitioner is a member of the North Kingstown planning commission and her daughter is a...

Superior Court.
February 9, 2009... Byline: Rhode Island Lawyers Weekly Staff Motor vehicles Drunk driving Where a defendant has been charged with driving under the influence of intoxicating liquor, the charge must be dismissed, as the results of field sobriety...

1st U.S. Circuit Court Of Appeals.
February 9, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil practice Cost-shifting - Settlement offer Where (1) a plaintiff, having brought suit against seven defendants, rejected a $10,000 settlement offer, (2) a jury found one of the...

U.S. District Court.
February 9, 2009... Byline: Rhode Island Lawyers Weekly Staff Constitutional Billboards - First Amendment Where the Rhode Island Department of Transportation has determined that a plaintiff's billboard is noncompliant with the Rhode Island Outdoor...

U.S. Magistrate Judges.
February 9, 2009... Byline: Rhode Island Lawyers Weekly Staff Mortgages TILA - Rescission - Notice Where a plaintiff borrower alleges that he was not given sufficient notice of his right to rescind the loan within three days, the complaint should be...

Can't we all just get along?
February 9, 2009... Byline: Edward Poll The global financial crisis has created fear and stress for many lawyers who see their cherished dream of retirement moving further into the future. For the present, they worry about business that is disappearing...

Commentary: the importance of mentoring.
February 9, 2009... Byline: Sheila Connors LeDuc and Josepha Parente Expert Opinion offers the insights of law-firm management specialists on a variety of topics related to the administration of a law office. Can you name one attribute shared by Jesus...

1st U.S. Circuit Court of Appeals Case Summaries: February 9, 2009.
February 9, 2009... Byline: Rhode Island Lawyers Weekly Staff 1ST U.S. CIRCUIT COURT OF APPEALS Civil rights Counsel fees Where, in a civil rights case, a federal judge concluded that a jury award of punitive damages in a plaintiff's favor, unaccompanied by...

Commentary: tactics, ethical considerations in leveraging demonstratives.
February 9, 2009... Byline: Daniel Wolfe and Lance Johnson Using demonstratives to tell a story during trial can be critical to the success of a case. Employing a multi-modal presentation strategy, one that coordinates both visual and auditory elements, can...

1st U.S. Circuit Court of Appeals rules joint settlement offer triggers cost-shift rule.
February 9, 2009... Byline: Rhode Island Lawyers Weekly Staff A plaintiff who won a $5,500 judgment against one of seven defendants after rejecting a $10,000 joint settlement offer must pay the costs incurred by that defendant pursuant to Rule 68 of the...

As seen on TV: lawyer Jim Sokolove's phone rings hundreds of thousands of times a year.
February 9, 2009... Byline: Noah Schaffer It's another morning commute. On the radio, in between weather and traffic reports, a familiar voice reaches out to those who have been injured and need a lawyer. After James Sokolove is done imploring listeners...

1st U.S. Circuit Court of Appeals rules even though no nominal damages, fees are awarded.
February 9, 2009... Byline: Thomas E. Egan A plaintiff in a civil rights case should have been granted counsel fees despite the jury's refusal to award compensatory or nominal damages, the 1st U.S. Circuit Court of Appeals has ruled. The plaintiff argued...

1st U.S. Circuit Court of Appeals Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Employment Whistleblower - Objective reasonableness Where a plaintiff discharged employee brought suit claiming that his termination violated the whistleblower protection provision of the...

U.S. District Court Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff U.S. DISTRICT COURT Criminal Motions for judgment of acquittal and for new trial Where a defendant convicted of nine counts stemming from a reverse government sting operation has filed two...

U.S. Magistrate Judges Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff U.S. MAGISTRATE JUDGES Civil practice Frivolous complaint -Dismissal Where (1) a plaintiff bought a duffel bag for $31, (2) when she later sought a refund, the store refused because she lacked a...

R.I. Bankruptcy Appellate Panel Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Failure to appear for hearing Where (1) following the dismissal of a Chapter 13 case, the Chapter 13 trustee asked the U.S. Bankruptcy Court for an order directing her to disburse the...

R.I. Suupreme Court Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff R.I. SUPREME COURT Real property Usury - Mortgage Foreclosure Consultant Regulation Act Where a plaintiff sought a preliminary injunction preventing the defendant from transferring title or...

R.I. Superior Court Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff SUPERIOR COURT Civil practice Summary judgment -Excusable neglect Where a defendant in a medical malpractice action has moved to vacate a summary judgment entered against him, the motion must be...

R.I. Supreme Court weighs liability of mental health center.
February 16, 2009... Byline: Noah Schaffer The owners of Rainbow Cleaners in Providence called their next-door neighbor "El Loquito," a colloquial Spanish expression meaning "the crazy one." David Kelly, who had been treated for psychological problems off and...

R.I. State Ethics Commission Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest School committee member - Auto repair business Where the petitioner is a member of the Johnston school committee and the owner of an auto repair business, it is our...

Superior Court.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil practice Summary judgment - Excusable neglect Where a defendant in a medical malpractice action has moved to vacate a summary judgment entered against him, the motion must be denied,...

U.S. Bankruptcy Court Case Summaries: February 16, 2009.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Failure to appear for hearing Where (1) following the dismissal of a Chapter 13 case, the Chapter 13 trustee asked the U.S. Bankruptcy Court for an order directing her to...

1st U.S. Circuit Court Of Appeals.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Criminal Armed robbery - Lottery business Where two defendants have appealed their convictions for armed robbery of a Puerto Rico lottery ticket business and the length of their sentences,...

U.S. District Court.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Criminal Motions for judgment of acquittal and for new trial Where a defendant convicted of nine counts stemming from a reverse government sting operation has filed two post-trial motions,...

U.S. Magistrate Judges.
February 16, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil practice Frivolous complaint - Dismissal Where (1) a plaintiff bought a duffel bag for $31, (2) when she later sought a refund, the store refused because she lacked a receipt, the...

Do you want to sell out?
February 16, 2009... Byline: Edward Poll Since the financial crisis first hit, more lawyers than ever want to know how to sell their practice, how to value it (a requirement before selling) and then how to transition into life beyond the law. Yes, not...

Commentary: In argument, even the rule of law is fair.
February 16, 2009... Byline: Stephanie Roberts Hartung Write On provides guidance for attorneys on writing legal memoranda and briefs. An appellate brief or trial motion memorandum should be both captivating and persuasive. Writing in a clear and direct...

A Cure for Night.(Book review)
February 23, 2009... Byline: Peter Elikann "A Cure for Night" By Justin Peacock Doubleday, 2008 341 pages; $24.95 In one of the great legal career flame-outs, Joel Deveraux is an associate at a prestigious Manhattan white-shoe firm when he...

1st U.S. Circuit Court of Appeals remands class action vs. insurer to state court.
February 23, 2009... Byline: Thomas E. Egan A class action against an insurance company, which had been removed to federal court pursuant to the Class Action Fairness Act of 2005, must be remanded to state court where the insurer failed to show a reasonable...

As economy falters, bankruptcy practices prosper, but lawyers caution about joining that bar.(Rhode Island)
February 23, 2009... Byline: Nora Lockwood Tooher and Noah Schaffer The soaring rate of bankruptcy filings is keeping bankruptcy lawyers busy, but veterans warn novices to do their homework before jumping into that practice niche. Nationwide, bankruptcy...

R.I. Supreme Court.
February 23, 2009... Byline: Rhode Island Lawyers Weekly Staff Criminal Child molestation - Effective assistance Where (1) a jury found a defendant guilty of three counts of first-degree sexual assault and three counts of first-degree child...

State Ethics Commission.
February 23, 2009... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town moderator - Appearances before municipal entities Where the petitioner is town moderator for the town of Little Compton, it is our opinion that he is not barred by...

Superior Court.
February 23, 2009... Byline: Rhode Island Lawyers Weekly Staff Insurance Deposition Where plaintiffs have sought court authority to depose the defendants' corporate representatives regarding the defendants' insurance coverage, the motion to compel...

U.S. Bankruptcy Court.
February 23, 2009... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Corporate form - Loans Where a U.S. Bankruptcy Court judge sustained a debtor's objection to a proof of claim filed by an individual and a corporation, the judge did not...

1st U.S. Circuit Court Of Appeals.
February 23, 2009... Byline: Rhode Island Lawyers Weekly Staff Criminal Sentencing - Drugs Where defendants, convicted of drug offenses, have challenged their sentences, we find no basis for reversal and accordingly the sentences will be affirmed. ...

U.S. Magistrate Judges.
February 23, 2009... Byline: Rhode Island Lawyers Weekly Staff Civil practice Suit against veterans' hospital - Mootness Where a pro se plaintiff filed suit against a veterans hospital and applied to proceed without prepayment of fees, I find (1) that...

Commentary: with client insider status, lawyer not left out in cold.
February 23, 2009... Byline: Audra Callanan Seller's Market offers practitioners information about marketing their skills and services as attorneys. Pressures to cut legal costs prompt clients to gravitate toward those lawyers who know their business best....

1st U.S. Circuit Court of Appeals Case Summaries: February 23, 2009.
February 23, 2009... Byline: R.I. Lawyers Weekly Staff 1ST U.S. CIRCUIT COURT OF APPEALS Editor's note: The full text of these decisions can be found on Lawyers Weekly's website, www.rilawyersweekly.com. Jurisdiction Removal - Amount in controversy Where a...

U.S. Magistrate Judges Case Summaries: February 23, 2009.
February 23, 2009... Byline: R.I. Lawyers Weekly Staff U.S. MAGISTRATE JUDGES Civil rights Request for criminal investigation or complaint Where a plaintiff has filed an application to proceed without prepayment of fees and affidavit in connection with a...

R.I. Bankruptcy Appellate Panel Case Summaries: February 23, 2009.
February 23, 2009... Byline: R.I. Lawyers Weekly Staff BANKRUPTCY APPELLATE PANEL Bankruptcy Corporate form - Loans Where a U.S. Bankruptcy Court judge sustained a debtor's objection to a proof of claim filed by an individual and a corporation, the judge did...

R.I. Supreme Court Case Summaries: February 23, 2009.
February 23, 2009... Byline: R.I. Lawyers Weekly Staff R.I. SUPREME COURT Criminal Child molestation - Effective assistance Where (1) a jury found a defendant guilty of three counts of first-degree sexual assault and three counts of first-degree child...

R.I. Superior Court Case Summaries: February 23, 2009.
February 23, 2009... Byline: R.I. Lawyers Weekly Staff SUPERIOR COURT Negligence Medical malpractice - Wrongful death - Loss of society and companionship Where plaintiffs brought a medical malpractice action following the death of their infant daughter, the...

R.I. Workers' Compensation Court Case Summaries: February 23, 2009.
February 23, 2009... Byline: R.I. Lawyers Weekly Staff WORKERS' COMPENSATION COURT Workers' compensation Counsel fee Where a judge awarded a prevailing workers' compensation claimant a $5,500 counsel fee, the fee award was fair and not unreasonable and...

R.I. State Ethics Commission Case Summaries: February 23, 2009.
February 23, 2009... Byline: R.I. Lawyers Weekly Staff STATE ETHICS COMMISSION Conflict of interest Town moderator - Appearances before municipal entities Where the petitioner is town moderator for the town of Little Compton, it is our opinion that he is not...