Rhode Island Lawyers Weekly articles from July 2003

Rhode Island Lawyers Weekly archives from July 2003

Rhode Island Ethics Advisory Panel Issues Opinion.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Supreme Court ETHICS ADVISORY PANEL John E. Fogarty Judicial Annex 24 Weybosset St. - Second Floor Providence, R.I. 02903 ...

Rhode Island Supreme Court: Rulings On Disciplinary Board, Bar Exam.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 2003-346-M.P. (DSC No. 2002-09) In the Matter of John G. Hellew.: Present: Williams, C.J., Flanders, Goldberg, and Flaherty, JJ. Summary The Supreme...

In Forgery Case, Worker Reinstatement Upheld By U.S. District Court.
July 14, 2003... Byline: Lisa K. Bruno An arbitrator could reinstate an employee who had been fired for forging customer names on unsigned public assistance checks where the worker argued that the "forgeries" were an innocent formality for processing the...

U.S. Supreme Court Case Summaries: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional First Amendment The U.S. Supreme Court has chosen not to decide whether a corporation that allegedly made false statements about its labor practices and the working...

Foreclosure Cannot Be Challenged Over Notice, Rules Rhode Island Supreme Court.
July 14, 2003... Byline: Sean F.W.J. Fowler A property owner could not challenge a plaintiff's action to foreclose his interest in a certain property where he had proper notice of the action and failed to answer the plaintiff's petition, the Rhode Island...

Rhode Island District Court Case Summaries: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Unemployment Compensation Strike - 'Casual' Employees Where two "casual" employees were not offered work by an employer during a strike, they are barred by G.L. Sect. 28-44-16 from being...

U.S. District Court Case Summaries: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Reinstatement Of Employee - Forgery Where an arbitrator ordered a store owner to reinstate an employee who had been fired for allegedly forging customers' names on unsigned WIC...

Rhode Island Superior Courts Case Summaries: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Breach Allegation - Release Where (1) a plaintiff has filed suit against a defendant seeking repayment of a $60,000 loan and (2) the defendant has responded by claiming that he...

U.S. Bankruptcy Court Case Summaries: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Settlement - Appeal Where a Chapter 7 debtor has appealed a bankruptcy court order approving a settlement between the Chapter 7 trustee and others, the appeal must fail because...

Rhode Island Family Court Authorizes Administrative Assistant.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff RHODE ISLAND FAMILY COURT ADMINISTRATIVE ORDER 2003-04 RE: POWERS OF THOMAS E. WRIGHT ADMINISTRATIVE ASSISTANT In accordance with Section 8-10-14 of the Rhode Island General Laws...

Plaintiff May Pierce Veil In Suit Over Duty, Rules Rhode Island Supreme Court.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff In a breach of corporate fiduciary case, a plaintiff could pierce the corporate veil of a company where the "totality of the circumstances" indicated the company was but an "instrumentality of...

Rhode Island Lawyers In The News: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff NewsMakers New Associations Lynne M. Radiches has joined the Providence office of Burns & Levinson as an associate in the business litigation group. Prior to joining the firm, Radiches was...

Rhode Island Supreme Court Case Summaries: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Personal Liability - Principal Of Non- Existent Corporation Where a defendant was a corporation principal, we hold that he could be held personally liable for debts incurred after...

1st U.S. Circuit Court of Appeals Case Summaries: July 14, 2003.
July 14, 2003... Byline: Rhode Island Lawyers Weekly Staff Admiralty Boat Purchaser - Judgment Creditor - Unrecorded Sale Where (1) a sheriff's department seized a boat at the request of the defendants, who had obtained two Massachusetts state...

Company's 'Self-Invest' Of Pension Funds OK, Rules U.S. District Judge.
July 21, 2003... Byline: Sean F.W.J. Fowler Workers could not sue their employer under ERISA for investing their pension funds in the employer company's own stock -- even though the stock at times suffered falling prices, a U.S. District Court judge has...

Denying Debtor Medicare Money Is Ruled Improper By U.S. Bankruptcy Court.
July 21, 2003... Byline: Lisa K. Bruno The federal government could not withhold Medicare funds from a Chapter 11 nursing home on the basis of pre-petition overpayments where the funds were generated post-petition by outside professionals for services...

Rhode Island Courts Make Announcements On Administrators.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Board of Bar Examiners (Appointment of Bar Administrator): ADMINISTRATIVE ORDER Kathleen M. Cacchiotti is hereby appointed Bar Administrator for the Rhode Island...

Ex-Solo Attorney Heads Up Federal Defender's Office In Rhode Island.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff For some two decades, Edward C. Roy has been committed to defending the indigent in Rhode Island by providing them with the highest quality legal service possible in criminal cases. Going up against...

R.I. Workers' Compensation Court Case Summaries: July 21, 2003.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Credibility Assessment Where a trial judge denied workers' compensation benefits to an employee who claimed to be suffering from a work-related back injury, the judge...

U.S. Bankruptcy Court Case Summaries: July 21, 2003.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Medicare - Recoupment Where the federal government has withheld Medicare payments from a Chapter 11 nursing home on account of prepetition overpayments, the withheld funds are...

1st U.S. Circuit Court of Appeals Case Summaries: July 21, 2003.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Conspiracy - Transporting Of Illegal Alien Where two defendants have appealed their convictions for transporting an illegal alien within the United States and conspiring to...

U.S. District Court Case Summaries: July 21, 2003.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Police Shooting - Excessive Force Where a plaintiff, the mother of a police officer who was shot to death by other officers, has filed suit against two defendant officers...

U.S. Magistrate Judges Case Summaries: July 21, 2003.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Supervised Release - Violation Of Terms Where a defendant admits that, while on supervised release, he possessed marijuana with intent to deliver on more than one occasion and...

Rhode Island Human Rights Commission Case Summaries: July 21, 2003.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Housing Discrimination - Biracial Tenant Where respondents refused to rent an apartment to the complainants (a mother and her biracial son), the respondents should be held...

Rhode Island District Court Case Summaries: July 21, 2003.
July 21, 2003... Byline: Rhode Island Lawyers Weekly Staff Unemployment Compensation Substitute Teacher Where (1) a claimant, after serving as a long-term substitute teacher, received an offer of a per diem position for the following school year...

U.S. Bankruptcy Court Case Summaries: July 28, 2003.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Interlocutory Appeals Where a mortgage lender has appealed U.S. Bankruptcy Court orders regarding the sale of properties held by a Chapter 7 Trustee, the appeals are premature...

1st U.S. Circuit Court of Appeals Case Summaries: July 28, 2003.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Auto Dealer - Termination Where a judge authorized the termination of a Chapter 11 debtor's dealership relationship with an auto manufacturer, that decision was proper, as...

U.S. District Court Case Summaries: July 28, 2003.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Choice Of Law - Implied Contract Where (1) the plaintiff, a Rhode Island attorney, has brought suit claiming breach of an implied contract that allegedly arose between himself and...

Investor May Sue Broker Who Didn't Deliver Note, Rules R.I. Superior Court.
July 28, 2003... Byline: Lisa K. Bruno An investor could sue his stockbroker for breach of contract where the investor had made payments under an agreement to purchase certain stock and the broker failed to deliver stock certificates and promissory notes...

Rhode Island Superior Courts Case Summaries: July 28, 2003.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Labor Bargaining Unit - Determination Of Proper Members Where the defendant State Labor Relations Board determined that certain employees of the plaintiff Bristol County Water Authority...

Commentary: The Pirraglia Matter.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff It has been a few months now since the Commission on Judicial Tenure and Discipline filed ethics charges against District Court Judge Robert K. Pirraglia, alleging that he violated a criminal...

Rhode Island Court Amends Announcement On Administrator.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff RHODE ISLAND FAMILY COURT AMENDED ADMINISTRATIVE ORDER 2003-05 RE: POWERS OF TRICIA MARTLAND, ADMINISTRATIVE ASSISTANT In accordance with Section 8-10-14 of the Rhode Island General...

Lawyer Wins New Trial In Domestic Abuse Case.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff When attorney Thomas M. Dickinson took on Thomas Carter's case in September 2001, he intended to help the man appeal what he saw as an erroneous felony domestic violence conviction. Ultimately, he...

Federal Suit For Legal-Mal Is Denied By U.S. Magistrate Judge.
July 28, 2003... Byline: Sean F.W.J. Fowler An incarcerated plaintiff could not bring constitutional claims against his attorney in federal court where the "true basis" for his suit was legal malpractice, a U.S. magistrate judge has found. The pro se...

Rhode Island District Court Case Summaries: July 28, 2003.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Motor Vehicles Speeding Violation Where a trial judge and the Appellate Panel of the Rhode Island Traffic Tribunal cited an appellant for driving two miles per hour above the posted speed...

U.S. Magistrate Judges Case Summaries: July 28, 2003.
July 28, 2003... Byline: Rhode Island Lawyers Weekly Staff Jurisdiction Federal - Legal Malpractice Where an incarcerated plaintiff has filed suit against the defendant attorney who represented him during the appellate stage of the plaintiff's...