Rhode Island Lawyers Weekly articles from January 2008

Rhode Island Lawyers Weekly archives from January 2008

Commentary: the top 10 patent cases of 2007.
January 7, 2008... Byline: Kirk Teska Everyone seems to have a Top 10 list, but if you want to sound patent savvy at a cocktail party when the other guests are discussing the year's best books or CDs, here's a list of important patent cases in 2007, many of...

Commentary: bill confidently, even in tough times.
January 7, 2008... Byline: Edward Poll A question recently sent to me has particular resonance for lawyers at any time, but especially today when the news is full of stories about an impending economic slowdown: "At what point in your career do you...

Verdicts & Settlements January 7, 2008: Patron sustains injury in gas station parking lot.
January 7, 2008... Byline: Rhode Island Lawyers Weekly Staff $65,800 settlement On March 12, 2004, the plaintiff pulled her car up to a gas pump at an Exxon Mobil station. On exiting her car, she stepped into a hole, or depression, in the parking...

Judge's summary dismissal of abuse charges unlawful, rules Rhode Island Supreme Court.
January 14, 2008... Byline: Thomas E. Egan A Family Court judge should not have dismissed criminal charges of child abuse at a pretrial conference in the absence of a proper motion to dismiss, the Rhode Island Supreme Court has ruled in two separate cases....

Town not bound by building permits for adult video store, rules R.I. Superior Court judge.
January 14, 2008... Byline: Eric T. Berkman A town was not obligated to review a development plan to convert a restaurant to an adult video store even though the property owner had already begun renovations in reliance on previously issued building permits, a...

Rhode Island attorneys for contractor build case for $5M arbitration award.
January 14, 2008... Byline: Barbara Rabinovitz The developer of a 290-unit residential community in Tiverton has paid a Rhode Island construction company a $5 million arbitration award, ending a dispute over the termination of a contract that arose when...

Superior Court issues judges' assignments.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2007-16 RE: ASSIGNMENTS — SECOND PERIOD Jan. 2, 2008 through...

R.I. District Court Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Unemployment compensation Resignation without good cause Where a plaintiff (1) was employed by a firm which placed temporary workers, (2) stopped working and began collecting temporary...

R.I. Supreme Court Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Corporate Dissolution - Liquidation - Receiver Where the shareholders of an insolvent corporation petitioned for a permanent receiver to oversee the liquidation and eventual dissolution of...

Rhode Island Ethics Commission Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest School committee - Consulting firm Where a member of the Westerly school committee is privately employed by a global consulting firm, the Code of Ethics would not...

Rhode Island Superior Courts Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Administrative Police sergeant - Discipline Where a police sergeant has been disciplined for violating the police department's regulations concerning "Criticism and Malicious Gossip,"...

1st U.S. Circuit Court of Appeals Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Banks and banking Puerto Rico - Lender Where (1) a plaintiff corporation brought suit alleging that the defendant, while governor of Puerto Rico, improperly influenced the decision of a...

U.S. District Court Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal Motion to vacate, set aside or correct sentence Where a petitioner has presented a number of claims in his motion to vacate, set aside or correct sentence, I find that the motion...

U.S. Magistrate Judges Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Landlord and tenant Lead paint - Insurance Where a property owner claims that his insurance carrier has a duty to defend and indemnify him in connection with a lead poisoning suit,...

Rhode Island Workers' Compensation Court Case Summaries: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation End of incapacity Where a trial judge found (1) that an employee's incapacity for work had ended and subsequently (2) that the employee had failed to establish a...

Rhode Island Lawyers in the News: January 14, 2008.
January 14, 2008... Byline: Rhode Island Lawyers Weekly Staff Edwards, Angell, Palmer & Dodge, which has an office in Providence, has merged with London-based Kendall Freeman.

Commentary: will you avoid the 'credit crunch'?
January 14, 2008... Byline: Edward Poll Lawyers might need a bank loan for any number of good reasons: to finance growth, recover from a disaster, meet unexpected expenses or purchase new technology. For weeks, the daily news headlines have talked about...

Commentary: quick 'health' checks for you and your practice.
January 14, 2008... Byline: Nancy Byerly Jones There's just not enough time in a day. Where did the years go? How did I get to this age so fast? Got to get to that backburner client matter tomorrow! If you're like me, these types of thoughts pop up all...

Suspension of driver's commercial license OK, rules R.I. District Court judge.
January 21, 2008... Byline: David E. Frank A criminal defendant's commercial driver's license was properly suspended after he refused a chemical test, even where he was not operating a commercial vehicle at the time of his arrest, a District Court judge has...

1st Circuit: liberal amendment policy applies to securities cases.
January 21, 2008... Byline: Thomas E. Egan Securities fraud complaints may be liberally amended despite the enactment of the Private Securities Litigation Reform Act, the 1st U.S. Circuit Court of Appeals has found. An investment banking firm, charged...

Rhode Island tenants, lawyers feel impact of mortgage crisis.
January 21, 2008... Byline: Nora Lockwood Tooher Legal aid and housing lawyers are reporting a surge in calls from renters who are losing their homes because of the mortgage crisis. Scores of tenants -- from the poor and elderly in urban apartment...

R.I. Supreme Court issues calendar.
January 21, 2008... Byline: Rhode Island Lawyers Weekly Staff FULL ARGUMENT CALENDAR JANUARY 22, 2008 9:30 A.M. STATE OF R.I. v. JOSEPH E. McMANUS 1998-141 Christopher BushJoseph E. McManus, pro se Susan Iannitelli, stand-by counsel...

U.S. District Court in Rhode Island seeks comments on amendments.
January 21, 2008... Byline: Rhode Island Lawyers Weekly Staff UNITED STATES DISTRICT COURT District of Rhode Island NOTICE OF PROPOSED AMENDMENTS TO LOCAL RULES Pursuant to 28 U.S.C. Sect. 2071(b), Fed. R. Civ. P. 83(a)(1) and Fed. R. Crim. P....

U.S. Bankruptcy Court for District of R.I. solicits comments on local rule changes.
January 21, 2008... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND NOTICE OF PROPOSED LOCAL RULES AMENDMENTS Pursuant to 28 U.S.C. Sect. 2071, Fed. R. Civ. P. 83, Fed. R....

R.I. District Courts Case Summaries: January 21, 2008.
January 21, 2008... Byline: Rhode Island Lawyers Weekly Staff Licenses and permits CDL license - Suspension Where an appellant's commercial driver's license was suspended for one year after he was arrested and charged with operating a non-commercial...

1st U.S. Circuit Court of Appeals Case Summaries: January 21, 2008.
January 21, 2008... Byline: Rhode Island Lawyers Weekly Staff Appeals Certification - Collateral-order doctrine Where (1) a defendant declared bankruptcy, (2) the district court issued an order declaring a prejudgment surety bond null and (3) when...

Rhode Island Lawyers in the News: January 21, 2008.
January 21, 2008... Byline: Rhode Island Lawyers Weekly Staff Partridge, Snow & Hahn, which has an office in Providence, has opened an office in Warwick.

Commentary: top 10 technology recommendations for 2008.
January 21, 2008... Byline: Edward Poll The following items are the Top 10 technology tools that I use. They make a difference both in the effectiveness and efficiency with which services can be delivered. Everyone has personal favorites, and no single list...

Commentary: Boston lawyer spins a crime yarn with 'Innocence'.(Book review)
January 21, 2008... Byline: Alan S. Pierce "Innocence" By David Hosp Warner Books, 2007 413 pages; $24.99 What hath George wrought? (George being the late George V. Higgins, a Boston lawyer who penned "The Friends of Eddie Coyle.") ...

U.S. Courthouse in Providence, a hundred years in the making.
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff The smallest state in the country has something very big to celebrate this year. The U.S. District Court and U.S. General Services Administration are kicking off a year-long celebration to mark...

Feature film 'Wake' inspired by actual crime at sea.
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff A sordid case from the early 1990s may be the object of renewed attention now that it is the basis for a New England filmmaker's upcoming debut. Somerville, Mass.-based advertising/marketing...

Rhode Island legislation targets illegal immigrants.(Brief article)
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff Failed legislation that would have required employers to use an Internet verification system to deter the hiring of illegal immigrants has been reintroduced by two Woonsocket lawmakers, according to...

R.I. Supreme Court Chief Justice Frank J. Williams gets appointing power.(Rhode Island)(Brief article)
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff The Senate has passed legislation giving Supreme Court Chief Justice Frank J. Williams the authority to appoint Traffic Tribunal magistrates, according to The Providence Journal. The House...

Rhode Island governor's 'rule' plan opposed by groups.(Donald L. Carcieri)(Brief article)
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff A proposal by Gov. Donald L. Carcieri to free state agencies of a requirement to advertise rules changes in the newspaper is drawing fire from some local groups. Under the plan, departments...

Town can't remove members of school building committee, rules R.I. Superior Court judge.(Rhode Island )
January 28, 2008... Byline: Thomas E. Egan Despite having statutory authority to appoint members to a regional school building committee, a town council did not have the power to remove members from the panel, a Superior Court judge has found. The town...

Rhode Island Supreme Court rules defendant wrongly barred from inquiry into complainant's bias.
January 28, 2008... Byline: Eric T. Berkman A trial judge improperly restricted a felony-assault defendant's cross-examination rights by not allowing defense counsel to inquire into the complaining witness's intent to file a civil suit against the defendant,...

Employers fighting discrimination with all-inclusive diversity training.
January 28, 2008... Byline: Sylvia Hsieh A growing number of companies driven by a concern over litigation are ramping up employee training in an effort to stamp out sexual-orientation bias in the workplace. Over the past couple of years, 20 states,...

R.I. Human Rights Commission Case Summaries: January 28, 2008.(Rhode Island)(Brief article)
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff Employment Sex discrimination - Retaliation Where a complainant has filed a number of charges against the respondent, her former employer, it is our opinion that she has proved sex...

R.I. Supreme Court Case Summaries: January 28, 2008.(Rhode Island)
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal Cross-examination Where a jury found a defendant guilty of felony assault, the conviction must be vacated on the ground that defense counsel was improperly restricted in...

Rhode Island Superior Courts Case Summaries: January 28, 2008.
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff Arbitration Work hour change Where (1) a union went to arbitration over a work hour change, (2) the arbitrator entered an award for the union and (3) the arbitrator later issued a second...

1st U.S. Circuit Court of Appeals Case Summaries: January 28, 2008.
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Home - Post-petition sale Where the appellee (1) obtained a homestead exemption under Massachusetts law protecting his home from creditors and (2) entered into a post-petition...

U.S. District Court Case Summaries: January 28, 2008.(Brief article)
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff Environmental Separate trials - Third-party complaints Where (1) plaintiffs brought suit alleging that their properties have been contaminated by hazardous substances contained in coal...

U.S. Supreme Court Case Summaries: January 28, 2008.
January 28, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal 'Ineffective assistance' ruling The U.S. Supreme Court will not decide if an ineffective assistance of counsel ruling may stand where the defendant did not claim he would have...

Commentary: Getting the most out of financial software.
January 28, 2008... Byline: Edward Poll Today's financial information systems and software can, and do, produce extremely detailed assessments of law firm financial performance and, in fact, may provide far more data than the typical attorney can assimilate...