Rhode Island Lawyers Weekly articles from January 2005

Rhode Island Lawyers Weekly archives from January 2005

R.I. Workers' Compensation Court.
January 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Causation - Medical Evidence Where a hospital employee claimed to have suffered a work-related elbow injury, an order denying her request for workers' compensation benefits should be affirmed...

1st U.S. Circuit Court of Appeals finds CFO personally liable for unpaid tax.(Itamar Lubetzky)
January 10, 2005... Byline: John O. Cunningham The former chief financial officer of a media company could be held personally responsible for the unpaid taxes of the company - even where his superiors had ordered him to file returns without remitting payment,...

R. I. Superior Court gives general contractor counsel fees from sub-contractor.(Rhode Island)
January 10, 2005... Byline: David L. Yas Where an injured employee of a subcontractor unsuccessfully sued the general contractor for negligence, the general contractor could later collect litigation expenses from the subcontractor pursuant to an...

R.I. lawyer wins bid for prejudgment interest against police officer.(Rhode Island)(Richard C. Tallo)(Interview)
January 10, 2005... Byline: Tony Wright, Esq. Personal-injury and commercial litigation attorney Richard C. Tallo recently prevailed in a case in which the Rhode Island Supreme Court clarified the position that municipal employees being sued in their...

RI Supreme Court says ex-wife's claim for house not barred by divorce.(Rhode Island )
January 24, 2005... Byline: Jason M. Scally A divorced woman should be allowed to pursue a claim for partial ownership of the former marital home even after her divorce was finalized where ownership rights had been conveyed to her by a prior trust...

'Combined' state, federal class action cases against Blue Cross Blue Shield yield $17.5M settlement.
January 24, 2005... Byline: Jason Scully The consolidation of separate state and federal class action lawsuits was the catalyst in reaching a $17.5 million settlement with the state's largest health insurance company, according to the lawyer who brought the...

U.S. Supreme Court, Certiorari Granted: January 24, 2005.
January 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Sentencing - Guidelines Mandatory application of the federal sentencing guidelines violates the Sixth Amendment. United States v. Booker (Lawyers Weekly USA No. 9929916)...

1st U.S. Circuit Court of Appeals Case Summaries: January 24, 2005.
January 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Appeals Interlocutory Appeal - Motion To Dismiss Where defendants have appealed a denial of their motion to dismiss the plaintiffs' complaint for failure to exhaust administrative...

U.S. District Court Case Summaries: January 24, 2005.
January 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Appeals Motions For Certificate Of Appealability And Transcript Production Where a petitioner convicted of murder and robbery has moved (1) for a certificate of appealability and (2) for...

R.I. District Court Case Summaries: January 24, 2005.
January 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Dismissal Motion - Charge Of Assault On Minor Where a defendant has moved to dismiss a misdemeanor complaint charging the defendant with assaulting a minor, I hold that the motion...

R. I. Workers' Compensation Court Case Summaries: January 24, 2005.
January 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Earning Capacity Where, in determining an injured employee's earning capacity for workers' compensation purposes, a trial judge did not apply the language of the...

R.I. Supreme Court Case Summaries: January 24, 2005.
January 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Client Funds - Refusal Of Payment Where a client has refused to accept an attorney's tender of a check representing the funds in the client's account, the attorney need do no...

Drawn-out City of Providence and Capital Properties, Inc. case winds to a close.(acse of property valuation)
January 31, 2005... Byline: John O. Cunningham This month marked the end of one of the longest legal battles in state history. It all began in 1987 as an amicable condemnation and redevelopment agreement among the state, the City of Providence and Capital...

R.I. Lawyers in the News Jan. 31, 2005.
January 31, 2005... Byline: Rhode Island Lawyers Weekly Staff New Associations Professor Larry J. Ritchie has been appointed to the new position of Frances E. Johnson director of competitions for Roger Williams University Ralph R. Papitto School of Law....

U.S. Supreme Court Case Summaries Jan. 31, 2005.
January 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Death Penalty - Lesser Included Offense Certiorari was improvidently granted and dismissed when the defendant failed to include alleged constitutional violations in his appeal to...

1st U.S. Circuit Court of Appeals Case Summaries: Jan. 31, 2005.
January 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Administrative National Organic Program Final Rule - OGPA Where (1) a plaintiff filed suit claiming that multiple provisions of the National Organic Program Final Rule are inconsistent with...

R.I. Supreme Court: Case Summaries Jan. 31, 2005.
January 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Insurance Medical Malpractice - Sexual Assault Where (1) the parents of a decedent brought suit against a defendant pediatric neurologist who they allege to have sexually assaulted their...

R.I. Superior Court Case Summaries: Jan. 31, 2005.
January 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Administrative Discipline - Physician Where the Board of Medical Licensure and Discipline found that a physician had engaged in "unprofessional conduct" within the meaning of R.I.G.L....