Rhode Island Lawyers Weekly articles from January 2004

Rhode Island Lawyers Weekly archives from January 2004

'Poor fit' wrongful adoption case denied by Superior Court.(Joseph and Linda Rowey filed a case against Children's Friend and Service)
January 12, 2004... Byline: John O. Cunningham A child with special needs could not sue an adoption agency for psychological damage resulting from her placement with a family who specifically requested a child without such needs, a Superior Court judge has...

1st U.S. Circuit Court of Appeals Case Summaries: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Strip Search - Jury Instruction Where a plaintiff filed suit claiming that the strip searches he underwent at a county jail were unconstitutional, a jury verdict adverse to...

U.S. District Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Employment Racial Harassment - Employer's Response Where a plaintiff seeks to hold the defendant employer and the codefendant supervisory employees liable for racial harassment, a motion...

Commentary: Using musical lyrics to argue cases in appellate courts.
January 12, 2004... Byline: David L. Yas You may have missed this, but in a recent case a brave lawyer looked a judge right in the eye and quoted Bob Dylan. Yes, that Bob Dylan. And, no, it wasn't Barry Scheck trying to find another way to get under...

U.S. Magistrate Judges Case Summaries: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Social Services Disability Benefit Denial - Partial Rejection Of Physicians' Opinions Where a plaintiff has appealed the Social Security Administration's denial of his claim for disability...

R.I. Supreme Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Discovery Orders - Compliance Failure Where the plaintiff in a personal injury action failed to comply with discovery orders, a Superior Court judge acted permissibly in...

Superior Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Negligence Wrongful Adoption Where plaintiffs who adopted a child have filed a multi-count complaint alleging that the defendant adoption agency failed to disclose the child's special...

Workers' Compensation Court Case Summaries: January 12, 2006.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Partial Incapacity - Amputated Fingers Where partial incapacity benefits have been awarded to a claimant who lost three fingers in an industrial accident, his argument...

State Ethics Commission Case Summaries: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Fire District Board Member - Contract Negotiations Where the petitioner is a member of the Tiogue Fire District Board, it is our opinion that he is permitted by the...

Commentary: Hasbro suing makers of Monopoly satire.(against David Chang for the game "Ghettopoly")(Brief article)
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff When the San Francisco-based Fineman PR firm selected its 10 worst PR blunders of 2003, it fittingly found a place for one of Rhode Island's most bizarre stories of the year: the introduction of the...

RI Lawyers in the News: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff NewsMakers Promotions Professor Michael J. Yelnosky is the new associate dean for academic affairs at Roger Williams University Ralph R. Papitto School of Law. He is a founding member of...

U.S. District Court says co. addressed 'hostility,' but bias suit proceeds.
January 12, 2004... Byline: Jason M. Scally An employer overseeing an office where workers used racial slurs could be sued for creating a hostile work environment -- even though it "monitored" and ultimately fired the offending employees, a U.S. District...

Rhode Island Workers' Compensation Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation End Of Disability - Treatment And Testing Where a trial judge found that an employee was no longer disabled and required no additional treatment or testing, we...

U.S. Court of Appeals judge rejects FMLA retaliation suit.
January 12, 2004... Byline: Jason Scally A worker who was passed over for a promotion while on medical leave could not sue his former employer under the Family Medical Leave Act more than two years later, the 1st U.S. Circuit Court of Appeals has held. ...

Rhode Island Supreme Court says woman can sue restaurant for negligence after slip and fall injury.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff A woman who slipped and fell at a restaurant could sue the establishment for negligence where the defendant failed to produce an incident report in violation of its own corporate policy, the Rhode...

Lawyer draws on experience to pen first novel.(Amelia F. Jestings)(Interview)
January 19, 2004... Byline: Jeanne Greeley AMELIA F. JESTINGS Born: April 1, 1958; Providence Education: Suffolk University Law School, 1983;Wheaton College, 1980 Bar admission: 1983 Professional experience: R.I. Public Defender's Office,...

1st U.S. Circuit Court of Appeals Case Summaries: January 19, 2004.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Admiralty Maintenance And Cure - 'Maximum Medical Recovery' Where a yacht owner has moved to terminate maintenance and cure benefits for an employee who suffered an anoxic brain injury when...

U.S. District Court Case Summaries: January 19, 2004.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Real Property Lead Paint - Failure To Warn - FTCA Where a plaintiff, who purchased a home from the United States government, has filed on behalf of his children a negligence claim alleging...

U.S. Magistrate Judges Case Summaries: January 19, 2004.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion To Consolidate Or Dismiss Where (1) a plaintiff inmate filed a lawsuit alleging violations of his civil rights, (2) the plaintiff thereafter filed a second suit...

R.I. Supreme Court Case Summaries: January 19, 2004.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Banks And Banking Loan To Competitor - Alleged Breach Of Contract Where (1) plaintiffs filed suit against a defendant bank, alleging that the defendant injured the plaintiffs when it loaned...

Superior Court Case Summaries: January 19, 2004.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Education Privacy - Student Records Where a petitioner, who claims to have been sexually assaulted by a fellow student at Roger Williams University, seeks a subpoena requiring the...

Workers' Compensation Court Case Summaries: January 19, 2006.(Barbosa vs. Brown University)(Brief article)
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Claim Of Return Of Incapacity Where an employee filed suit, claiming a return of total incapacity as of Aug. 7, 1995 and continuing, a trial judge acted permissibly in...

State Ethics Commission Case Summaries: January 19, 2004.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Fire District Council Member - Collective Bargaining Agreement Where an individual is a member of the Tiogue Fire District Council, it is our opinion that he is...

Rhode Island State Ethics Commission Case Summaries: January 19, 2004.
January 19, 2004... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Zoning Board Member - Matters Involving Business Associate Where the petitioner is both a member of the West Warwick Zoning Board of Review and the Vice-Chairman of the...

Rhode Island Supreme Court rules mall owner is not liable for assault on premises.
January 19, 2004... Byline: Jason M. Scally A mall owner sued by a patron who was assaulted on its premises could not be held liable for the negligence of its independent security company, the Rhode Island Supreme Court has held. Despite the general rule...

New president of Rhode Island Trial Lawyers of America lays out agenda.(James P. Howe)(Interview)(Biography)
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff JAMES P. HOWE Providence Born: April 26, 1956; Providence Education: Southwestern University School of Law School, 1981; Providence College, 1978 Professional experience: Howe Law...

Roger Williams University law students score well on Rhode Island bar exam.(Brief article)
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff Kudos are in order for recent graduates -- and the faculty -- of Roger Williams University Ralph R. Papitto School of Law. It turns out that the RWU law students scored higher on last July's...

U.S. Supreme Court Case Summaries: January 26, 2004.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff Antitrust Phone Service Company A local phone service company's customers -- who claim that it denied equal access to a competing company's local network -- don't have standing under the...

1st U.S. Circuit Court of Appeals Case Summaries: January 26, 2004.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff Antitrust University - Vending Machines Where a plaintiff, which had an exclusive food and beverage distribution contract with a defendant university, filed suit alleging that the...

U.S. District Court Case Summaries: January 26, 2004.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff Admiralty Fishing Crew - Lack Of Written Contracts Where five plaintiff seamen seek to hold the defendant vessel owners liable for failing to provide the plaintiffs with written contracts...

U.S. Bankruptcy Court Case Summaries: January 26, 2004.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Rejection Of Lease - Deterioration - Abandonment Of Property Where a bankruptcy court judge ordered a debtor to pay a commercial landlord $2.5 million for deterioration of the...

R.I. Supreme Court Case Summaries: January 26, 2004.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff Negligence School Bus Accident Where a plaintiff student filed a negligence action claiming to have been injured while riding a bus owned by the defendant, a judgment for the defendant...

R.I. Superior Court Case Summaries: January 26, 2004.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff Licenses And Permits Taxi Service - Public Interest Where a plaintiff's application to operate a taxi service was denied, that decision must be vacated because the evidence is insufficient...

Trial lawyer gets valuable look into the jury process.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff It isn't often that a trial lawyer is called upon to be a juror, but when it does happen the experience can provide a valuable look into the jury process. That experience came as a bit of a...

Family-law attorney Michael D. Anderson, writes a nuts-and-bolts reference guide to divorce.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff It was supposed to be an informational pamphlet. Possibly a newsletter. But when Michael D. Anderson sat down to create written materials to offer prospective clients of his newly minted...

Supreme Court No. 04-7-M.P. U.S. Sen. John Edwards v. R.I. Board of Elections.(Brief article)
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff ORDER The petitioner, U.S. Sen. John Edwards, seeks a writ of certiorari to review a Dec. 31, 2003 decision of the State Board of Elections. Counsel for the parties met with the Duty Justice of...

Honorable Alice Bridget Gibney to perform duties of presiding justice.
January 26, 2004... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. SUPERIOR COURT ADMINISTRATIVEORDER NO. 2004-1 RE: ACTING PRESIDINGJUSTICE (GIBNEY, J.) Jan. 14, 2004 through...

R.I. Superior Court rules plaintiff's collateral money is inadmissible.
January 26, 2004... Byline: Lisa K. Bruno Defendants in a medical-malpractice suit could not introduce evidence of medical assistance payments received by the plaintiff's decedent from the Rhode Island Department of Human Services, a Superior Court judge has...

R.I. Supreme Court rules notice by certified mail legal for sale.
January 26, 2004... Byline: David L. Yas Where a property owner was sent notice by certified mail of a foreclosure proceeding to satisfy a tax lien on his property, the notice was valid even though it had not actually been received by the owner, the Rhode...