Rhode Island Lawyers Weekly articles from January 2003

Rhode Island Lawyers Weekly archives from January 2003

Rhode Island Supreme Court: Pharmacy's Request To Re-Zone Lot Is Denied.
January 13, 2003... Byline: John O. Cunningham A Superior Court judge could not order a city to grant a pharmacy's request for re-zoning that would give a residential property commercial status, the Rhode Island Supreme Court has ruled. The pharmacy...

Buyers Can Maintain Notice Of Lis Pendens, Rules Rhode Island Supreme Court.
January 13, 2003... Byline: Jason M. Scally Commercial real estate buyers could maintain a notice of lis pendens to protect their interest in the seller's property where there was an orally modified purchase and sale agreement that provided for specific...

R.I. Workers' Compensation Court Case Summaries: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Hearing Loss - Statute Of Limitations Where a claimant's petition for workers' compensation benefits, based on her assertion that her employment resulted in a...

The Pro Se Dilemma.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff One of the issues that will continue to face lawyers and judges in 2003 and in the years to come is that of how pro se litigants should be treated in court. With a sagging economy, many who...

Star Search: Rhode Island Lawyer Finds Local Talent.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Born: Providence; declined to give birth date Education: University of North Carolina Chapel Hill School of Law, 2001; Brown University, 1997 Bar admission: Rhode Island and Massachusetts,...

Rhode Island District Court Case Summaries: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Motor Vehicles Drunk Driving - Arrest Where a Rhode Island Traffic Tribunal judgment finding the defendant guilty of refusal to submit to a chemical test was vacated based on an Appeal...

1st U.S. Circuit Court of Appeals Case Summaries: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Dismissal - Failure To Prosecute Where a plaintiff's complaint was ordered dismissed when her counsel failed to appear for the initial scheduling conference, the dismissal...

U.S. Magistrate Judges Case Summaries: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights City's Demolition Of Home Where the defendant city of Providence demolished a plaintiff's home pursuant to state laws governing the destruction of buildings posing immediate...

Rhode Island Supreme Court Case Summaries: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Indemnity And Contribution - Construction Accident Where (1) a workman who was injured at a construction site was awarded more than $1 million in a suit against the project's...

Rhode Island Lawyers in the News: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff NewsMakers New Associations David H. Shore has been named vice president/counsel for Citizens Bank of Rhode Island and Connecticut. He previously practiced at Goodwin Procter in Boston....

Rhode Island Supreme Court Justice Victoria Lederberg Dies Of Heart Attack.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Rhode Island Supreme Court Justice Victoria Lederberg died at home following a massive heart attack. She was 65. Lederberg, a former psychology professor and state legislator, was appointed to...

Rhode Island Superior Courts Case Summaries: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Zoning Special Use Permit - Wireless Communications Tower Where the Foster zoning board granted a special use permit allowing a company to construct a wireless communications tower and...

U.S. District Court Case Summaries: January 13, 2003.
January 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Transfer Motion Where (1) a plaintiff Rhode Island resident was severely injured in a motor vehicle accident in Maryland, (2) the defendant owner and the codefendant driver...

Providence Attorney Wins Verdict For Fired Stockbroker.
January 20, 2003... Byline: John O. Cunningham Born: Oct. 24, 1968; Manhattan, N.Y. Education: Fordham University School of Law, 1995; Colgate University, 1990 Bar admissions: 1996, N.Y.; 1996, Conn.; 2001, R.I.; 2002, Mass. Professional...

Pharmacies Can't Sue Under Antitrust Laws, Rules U.S. District Court.
January 20, 2003... Byline: Bainbridge D. Testa Pharmacies that were excluded from a network of prescription drug providers by two health insurance companies could not sue for antitrust law violations, a U.S. District Court judge has ruled. The plaintiffs...

Medical Data 'Discovered'; But Case Is Time-Barred, Rules R.I. Superior Court.
January 20, 2003... Byline: David L. Yas The family of a woman who died of pneumonia could not sue doctors for medical malpractice more than three years after he died -- even though the suit was filed within three years of the receipt of key medical records,...

U.S. Supreme Court Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional Double Jeopardy - Death Penalty Where a murder defendant who was sentenced to life in prison (1) had his conviction reversed, (2) was retried and (3) was sentenced to death,...

Rhode Island Supreme Court Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Appeals Interlocutory Orders - Jurisdiction Where a defendant has filed an appeal challenging a number of Superior Court orders, the appeal must fail for lack of jurisdiction because the...

Rhode Island Superior Courts Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Negligence Medical Malpractice - Discovery Rule Where the defendants in a medical malpractice action have moved for summary judgment, arguing that the plaintiffs' complaint is time-barred...

U.S. Magistrate Judges Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Service Of Process - Time Limit - Extension Where a plaintiff did not serve one of the defendants in a negligence case with process within the 120-day time limit set by...

U.S. Bankruptcy Court Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Appeal - Rule 60(b) Where the IRS has appealed a U.S. Bankruptcy Court's denial of a request for relief, under Federal Rule of Civil Procedure 60(b), from an order limiting the...

1st U.S. Circuit Court of Appeals Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Antitrust Standing - Physician - Exclusive Dealing Arrangement Where a plaintiff physician filed an antitrust complaint alleging that the exclusive dealing arrangement between two hospitals...

Rhode Island State Ethics Commission Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Town Project Manager - Landscaping Firm Where a project manager for the town of Cumberland owns a landscape architecture and environmental planning firm, he is barred...

U.S. District Court Case Summaries: January 20, 2003.
January 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Antitrust Pharmacies Where plaintiffs have charged the defendants with antitrust violations with respect to the creation of a "closed network" of pharmacies, a motion by the defendants for...

Rhode Island Supreme Court Case Summaries: January 27, 2003.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Sentencing - Motion To Correct Where a Superior Court judge allowed a defendant's motion to vacate a consecutive life sentence, the order must be reversed on the ground that the...

Rhode Island Superior Courts Case Summaries: January 27, 2003.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Newly Discovered Evidence - Impeachment - Prosecution Witness Where a defendant, convicted of first-degree murder, moves for a new trial on the ground that the prosecution failed...

Town Can't Be Sued For Flood Damage To Homes, Rules Rhode Island Supreme Court.
January 27, 2003... Byline: Bainbridge D. Testa First-time home buyers could not sue a town for issuing certificates of occupancy for homes that repeatedly flooded, the Rhode Island Supreme Court has decided. The home buyers argued that the "public duty"...

1st U.S. Circuit Court of Appeals Case Summaries: January 27, 2003.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Condition Precedent Where a plaintiff company sought to have a federal judge compel the defendant to arbitrate a contract dispute, we hold that the judge rightly denied the...

U.S. Supreme Court Case Summaries: January 27, 2003.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Copyright Term Extension Act Extending existing copyrights by 20 years did not violate the U.S. Constitution. Eldred v. Ashcroft (Lawyers Weekly USA No. 9924908) (Ginsburg, J.)...

Rhode Island Workers' Compensation Court: January 27, 2003.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Prescription Medicine - Causation Where an employee filed a petition seeking reimbursement for cough medicine prescribed by his doctor, an order denying the petition...

The Top Rhode Island Verdicts At A Glance.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff 1. $18.9 million Oliviera v. Chase Manhattan Automotive Finance Corp. Providence Superior Court Plaintiff's attorneys: Mark B. Decof and Patrick C. Barry, Providence A jury...

The Top Rhode Island Jury Verdicts of 2002: Soaring Jury Verdicts Make '02 Historic Year.
January 27, 2003... Byline: Jeanne Greeley The year 2002 was an historic one for the Rhode Island courts, with a handful of record-setting jury verdicts soaring into the multi-millions and marking a more than tenfold increase in top jury verdicts from a year...

Victim May Collect For Release Of His Identity, Rules Rhode Island Supreme Court.
January 27, 2003... Byline: John O. Cunningham A minor child who was beaten by a gang of youths could recover emotional-distress damages from a city for releasing his name to the media, the Rhode Island Supreme Court has ruled. The defendant city argued...

Rhode Island District Courts Case Summaries: January 27, 2003.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Motor Vehicles Stopping On Travel Portion Of Roadway Where the defendant driver of a pick-up truck hauling a 12-foot trailer (1) noticed that the trailer's rear gate had opened, (2) pulled...

U.S. District Court Case Summaries: January 27, 2003.
January 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Damages Prejudgment Interest Where a $157,120.61 judgment has been entered against a defendant company that failed to pay for remanufactured marine engines and parts provided by the...