Rhode Island Lawyers Weekly articles from July 2006

Rhode Island Lawyers Weekly archives from July 2006

Rhode Island Lawyers in the News: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff New associations Jennifer R. Cervenka has joined the Providence office of Partridge, Snow & Hahn as an associate. She was previously with Holland & Knight. Rebecca C. McSweeney has joined...

Commentary: in the election dance, sashay with the cliche.
July 3, 2006... Byline: David Yas There is a fabulous scene in the movie "Bull Durham" where Crash Davis, the aging minor-league catcher, imports some crucial advice to Nook, the young, up-and-coming star pitcher. "Learn your cliches," Crash tells...

Commentary: must you 'snitch' when it involves another lawyer's misconduct?
July 3, 2006... Byline: Edward Poll Visualize yourself in a proceeding where you know the other attorney is being negligent in representing his client. Should you say something to the adverse party or to the state bar? Go one step further. You are...

Commentary: getting a handle on the financial end of your law practice.
July 3, 2006... Byline: Rick Trilling Now that we have passed the solstice, you may feel like you are in summer school if you have been following this column. The format is to look at the core subjects taught in business school MBA programs -- each...

U.S. District Court in Providence changes its cell phone policy.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff It used to be that visiting the U.S. District Court in Providence meant surrendering a cell phone to the security staff. But one of the many local rule changes that went into effect this year...

Rhode Island Bar Association sponsors CLE on a cruise to the Bahamas.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Sponsored by the Rhode Island Bar Association Nassau and Coco Cay, Bahamas Friday, Nov. 10 - Monday, Nov. 13 Contact the Rhode Island Bar Association CLE Office at (401) 421-5740 or...

Breath-test refusal penalties may go up in Rhode Island.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Lawmakers in the General Assembly passed a bill creating stiffer penalties for drivers who refuse to take tests that determine blood alcohol levels. The bill is now going to Gov. Donald L....

Former Rhode Island state senator convicted of influence peddling faces ethics panel.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff A former state senator convicted in an influence peddling investigation now faces a separate trial for violating the state ethics code. Former Sen. John Celona, a Democrat, resigned in March...

Rhode Island governor vetoes insurance and tracking bills.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri has vetoed a bill that would have given Rhode Island drivers 24 hours to produce proof of insurance after they are stopped by a police officer or involved in an accident. ...

No drugs found in truck; police can't detain 'dealer,' rules Rhode Island Supreme Court.
July 3, 2006... Byline: Eric T. Berkman Once police searched a suspected cocaine dealer's truck during a traffic stop and found no contraband, they had no authority to detain the suspect or search his home and another building to which he had a key, the...

U.S. District Court to begin electronic filing Aug. 1.
July 3, 2006... Byline: Noah Schaffer Starting with a comprehensive series of rule changes covering everything from privacy issues to cell phone use in the courthouse, it has been a year of substantial change for the U.S. District Court in Rhode Island....

R.I. Supreme Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation violation proceeding - Waiver of right to counsel Where a defendant has been found to have violated the terms of his probation, we conclude that the judgment against the...

R.I. Supreme Court Ethics Advisory Panel Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Attorneys Conflict of interest - Multi-car accident Where an attorney, who represents an auto passenger seeking underinsured motorist benefits following a traffic accident, wishes to...

Rhode Island Ethics Commission Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest State representative - Brokerage services Where an individual is serving in the Rhode Island House of Representatives, it is our opinion that he is prohibited by the...

Superior Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Arbitration Award by accountant Where an accountant appointed to serve as arbitrator entered an award in favor of the plaintiff, I hold that the award must be confirmed, as the defendant...

U.S. Bankruptcy Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Concealment - Intent Where a debtor was denied a discharge based on the bankruptcy judge's finding that, during the year preceding the bankruptcy filing, the debtor fraudulently...

1st U.S. Circuit Court of Appeals Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Sanctions - IRS Where a judge presiding over a bankruptcy proceeding imposed sanctions on the Internal Revenue Service, that order must be vacated on the ground that the...

U.S. District Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Motion to vacate sentence Where a defendant, who pled guilty to conspiracy to commit bank fraud and conspiracy to defraud the Internal Revenue Service, has now moved to vacate,...

U.S. Magistrate Judges Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Administrative Landing groundfish Where an Administrative Law Judge has found that the plaintiffs (1) illegally landed regulated species of groundfish, submitted false reports and made...

U.S. Supreme Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Constitutional First Amendment - Campaign finance A state statute capping campaign expenditures and contributions violates the guarantee of free speech under the First Amendment and...

R.I. Supreme Court Ethics Advisory Panel Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Attorneys Conflict of interest - DEM counsel Where an attorney, currently legal counsel for a nonprofit environmental organization, wishes to apply for the position of executive legal...

Rhode Island Ethics Commission Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest School committee member - Energy saving programs Where the petitioner is a member of the Glocester School Committee and a member and co-chair of the Foster-Glocester...

U.S. Supreme Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: Rhode Island Lawyers Weekly Staff Constitutional Counsel of choice A defendant's conviction must be reversed when he was denied counsel of his choice by an erroneous trial court ruling. United States v. Gonzalez-Lopez...

Rhode Island Supreme Court bars plaintiff in products liability case from suing subsidiary.
July 3, 2006... Byline: David E. Frank A man with a defective penile implant whose lawsuit against a parent company was dismissed with prejudice in federal court could not litigate the same claims against the manufacturer's subsidiary in state court, the...

Commentary: ATLA's media blackout: a double-secret convention.(Association of Trial Lawyers of America)
July 17, 2006... Byline: David Yas I like to think that I'm a pretty decent guy to invite to a party. I know a couple of knock-knock jokes and I'm not a bad dancer. But the Association of Trial Lawyers of America won't have me at their party in...

Commentary: personal resources to improve your business competency.
July 17, 2006... Byline: Edward Poll This column often refers to "The Business of Law" -- running a law firm in a professional, businesslike way. Many attorneys have difficulty with this concept because their training never provided or reinforced it....

Commentary: using financial 'concepts' to operate your firm more effectively.
July 17, 2006... Byline: Rick Trilling My previous column took a look at basic accounting elements, the financial statements where those elements can be found, and the formulae to generate the financial ratios that turn data into useful information. ...

Roger Williams University Law Alumni Association's 7th Annual Golf Tournament scheduled.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Sponsored by Roger Williams University Law Alumni Association Cranston Country Club,69 Burlingame Road, Cranston Sunday, Aug. 27, 11:30 a.m. Contact Office of Alumni,Programs & Eventsat...

Rhode Island governor vetoes mental-health bill.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri has vetoed legislation that would have allowed the state's mental health advocate to ask a judge to transfer mentally ill prisoners needing treatment to the Department of...

Rhode Island governor signs legislation raising penalties for drivers who refuse alcohol-testing.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri signed legislation raising the penalties for drivers who refuse to submit to a chemical test for alcohol, according to The Providence Journal. Officials and advocates...

Top Rhode Island officials to disclose income.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff A new state law requires Rhode Island's top elected officials to give the public more information about how they earn a living. Lt. Gov. Charles Fogarty championed the new law, which requires...

Rhode Island Supreme Court won't review casino issue.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff The state Supreme Court declined a request by Gov. Donald L. Carcieri to review a proposed constitutional amendment allowing the Narragansett Indian Tribe to run casino games. "We note at the...

1st Circuit rules disabled student can bring Title II lawsuit against state college.
July 17, 2006... Byline: Eric T. Berkman State immunity did not bar a disabled student from bringing a discrimination suit against a public university under Title II of the Americans with Disabilities Act, the 1st U.S. Circuit Court of Appeals has decided....

Despite skepticism by some, Rhode Island mediation program a success.
July 17, 2006... Byline: Noah Schaffer Not everyone was a fan of the appellate mediation program when it initially got underway in 2003, Rhode Island Supreme Court Chief Justice Frank J. Williams recently recalled. "There was trepidation over whether...

RI Supreme Court rules parental rights of mentally impaired couple can be terminated.(Department of Children, Youth and Families)
July 17, 2006... Byline: Eric Berkman The Department of Children, Youth and Families did not violate the Americans with Disabilities Act by seeking to terminate the parental rights of a mentally disabled couple, the Rhode Island Supreme Court has ruled....

Kent County Court closed July 28 - 31.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 2006-05 EXECUTIVE ORDER Pursuant to the authority granted the Chief Justice of this Court by G. L. 1956 (1997 Reenactment) Sect. 8-15-2, I hereby direct that the...

Rhode Island court enters order on issue involving secretary of state.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 06-199-A In re: Matthew A. Brown, in his capacity as Secretary of State of the State of Rhode Island ORDER The Governor and the Rhode Island House of...

RI Commissioner of Education Case Summaries: July 17, 2006.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Termination of teacher Where a non-tenured teacher has been fired from a charter school, the termination was invalid on substantive and procedural grounds. "... His...

R.I. Supreme Court Case Summaries: July 17, 2006.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Contract Mechanic's lien Where a plaintiff contractor claims that the trial judge in this case erred by refusing to enforce the plaintiff's mechanic's lien claim and by awarding damages to...

Superior Court Case Summaries: July 17, 2006.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Murder - Second degree Where a defendant has been convicted of domestic murder in the second degree by strangulation and failure to report the death of his wife, a motion for a...

1st U.S. Circuit Court of Appeals Case Summaries: July 17, 2006.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Administrative ADA regulations - Private right of action Where plaintiffs filed suit seeking enforcement of regulations promulgated under the Americans with Disabilities Act, a judgment for...

U.S. District Court Case Summaries: July 17, 2006.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil rights Due process - Resignation of police officer Where a plaintiff who resigned from his position as a police officer has filed a civil rights suit under 42 U.S.C. Sect. 1983 and...

U.S. Supreme Court Case Summaries: July 17, 2006.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Constitutional Prisoners' rights A prison policy forbidding dangerous inmates from access to magazines, newspapers and photographs does not violate prisoners' First Amendment rights. ...

RI Workers' Compensation Court Case Summaries: July 17, 2006.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Res judicata - Surgery Where a claimant's request for surgery pre-approval was denied based on the fact that a prior request had also been denied, the judge's order...

Verdicts & Settlements July 17, 2006: Communications co. builds tower on municipal land.
July 17, 2006... Byline: Rhode Island Lawyers Weekly Staff Defense verdict The plaintiffs alleged that they had, or expected to have, an advantageous business relationship with Omnipoint Communications Enterprises Inc., a personal communications...

Commentary: New online rating site could put lawyers on hot seat.(LawyerRatingz.com)
July 24, 2006... Byline: Gladys McKie The court of public opinion has a new venue on the Internet and it's your reputation that is on trial. Now lawyers have the dubious honor of having their professional capabilities critiqued on the new website,...

U.S. Bankruptcy Court rules debtor can't claim homestead exemption on marital residence.
July 24, 2006... Byline: Eric T. Berkman A debtor in a Chapter 7 bankruptcy could not claim a homestead exemption in his share of his marital residence where he no longer lived at the residence, a U.S. Bankruptcy Court judge has ruled. The debtor...

For lawyers, all the world's a stage.
July 24, 2006... Byline: Nora Lockwood Tooher For his role as an unsavory accountant, actor Greg Durkin donned a tan sports coat and brown golf shirt. "He was a little on the sleazy side," Durkin explained of the costuming decision for his character....

RI Supreme Court rules statements by murder victim are admissible.
July 24, 2006... Byline: David E. Frank The admission at trial of a murder victim's prior statements, which were not testimonial in nature, did not violate a defendant's constitutional right to confront his accuser, the Rhode Island Supreme Court has...

Commissioner of Education Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Graduation - Credits Where a student has not received a passing grade in English and has only 19 of the 20 credits needed to graduate, the matter of whether he should be...

Human Rights Commission Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Employment Disability - Prima facie case Where a complainant employee quit her job after the respondent employer objected to her request for a reduced work schedule following a car...

R.I. Supreme Court Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Constitutional Joint resolution - Casino Where the Governor has asked us for an advisory opinion regarding the constitutionality of Joint Resolution 06-H-7935, which passed the General...

Superior Court Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Appeals Document filing Where an estate administrator has moved to dismiss an appellant's challenge to a Probate Court decision and order, I hold that the administrator's motion must be...

U.S. Bankruptcy Court Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Secured lien - Confirmation plan Where a bankruptcy judge ruled that a town acted properly in continuing to assert a lien and to seek payment of real estate taxes, water charges...

1st U.S. Circuit Court of Appeals Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Conspiracy - Narcotics - Sufficiency of the evidence Where two defendants have appealed their convictions for (1) conspiring to import five kilograms of cocaine and one kilogram of...

U.S. District Court Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Copyright Digital cable filters Where (1) plaintiffs filed suit, alleging that the defendants had violated the Digital Millennium Copyright Act and the Communications Act by illegally...

U.S. Magistrate Judges Case Summaries: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Remand motion - Age discrimination Where (1) a plaintiff initiated an age discrimination suit against several defendants in Superior Court, (2) two of the defendants had the...

RI Lawyers in the News: July 24, 2006.
July 24, 2006... Byline: Rhode Island Lawyers Weekly Staff New associations George E. Lieberman has joined Vetter & White in Providence as a partner. He has been recognized in the 2006 edition of "Best Lawyers in America" in the field of commercial...

U.S. District Court rules worker can't sue ex-employer for rejecting his disability claim.
July 31, 2006... Byline: Eric T. Berkman A bank employee could not sue his former employer for rejecting a short-term-disability claim he made after he resigned, a U.S. District Court judge has ruled. The employee argued that the short-term disability...

U.S. magistrate judge rules government must disclose confidential informant's identity.
July 31, 2006... Byline: Barbara Rabinovitz A defendant in a narcotics case could compel the disclosure of a confidential informant's identity and the production of related exculpatory evidence, a U.S. magistrate judge has advised. The defendant...

Wage and hour suits on the rise.
July 31, 2006... Byline: Correy E. Stephenson In a disturbing development for employers, employees are increasingly filing suit alleging violations of the federal Fair Labor Standards Act and accompanying state laws. "FLSA actions have almost doubled...

Notices from the Courts: July 31, 2006.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff First period judges' assignments issued STATE OF RHODE ISLAND ANDPROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2006-17 RE: ASSIGNMENTS --...

Rhode Island State Ethics Commission Case Summaries: July 31, 2006.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Zoning enforcement officer- town treasurer position Where the Richmond zoning enforcement officer desires to seek and accept appointment as the town treasurer, it is...

Superior Court Case Summaries: July 31, 2006.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Sex offender - Risk level Where the petitioner, a convicted sex offender, was classified by the Sex Offender Review Board as a level 2 risk to re-offend, I find that the...

1st U.S. Circuit Court of Appeals Case Summaries: July 31, 2006.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Mail fraud - Sufficiency of evidence Where a defendant, who was convicted of mail fraud, conspiracy to commit mail fraud, embezzlement, structuring money transactions and...

U.S. District Court Case Summaries: July 31, 2006.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff Commercial Royalties - Nevada law Where a plaintiff game manufacturer has brought suit seeking payment of royalties allegedly due under licensing agreements with the plaintiff, a motion to...

U.S. Magistrate Judges Case Summaries: Jully 31, 2006.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice In forma pauperis - Dismissal of suit Where a plaintiff (1) has filed suit against a U.S. District Court judge in his official capacity and (2) has now applied to proceed in...

RI Workers' Compensation Court Case Summaries: July 31, 2006.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Description of injury - Time limit Where an employee, who suffered a work-related injury to her left arm and back in 1990, requested in 1995 to add her left shoulder...

Coach's Corner.
July 31, 2006... Byline: Edward Poll In an earlier "Coach's Corner" we discussed how to qualify for and seek a loan from your bank. There are, however, additional tactics for solos or small firms needing additional operating capital. Smaller law firms...

Commentary: Mathematics and certainty in the law.(Column)
July 31, 2006... Byline: Rick Trilling As we continue to look at the core subjects taught in business school M.B.A. programs, each first from a business perspective followed by how it can be applied to the practice of law, the examples proffered have been...

Commentary: SBA loan guarantees - are they any good for lawyers?(Small Business Administration)(Column)
July 31, 2006... Byline: Edward Poll In an earlier "Coach's Corner" we discussed how to qualify for and seek a loan from your bank. There are, however, additional tactics for solos or small firms needing additional operating capital. Smaller law firms...

Mathematics and certainty in the Law.
July 31, 2006... Byline: Rick Trilling As we continue to look at the core subjects taught in business school M.B.A. programs, each first from a business perspective followed by how it can be applied to the practice of law, the examples proffered have been...

Rhode Island Ethics Commission will investigate Montalbano matter.(Joseph A. Montalbano)(Brief article)
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff The state Ethics Commission said it will investigate a complaint accusing Senate President Joseph A. Montalbano of violating the state ethics code. That is according to Chairman James Lynch,...

Worker can't Sue ex-employer for rejecting his disability claim.(Holm v. Liberty Mutual Life Assurance Co.)
July 31, 2006... Byline: Eric T. Berkman eric.berkman@gmail.com A bank employee could not sue his former employer for rejecting a short-term-disability claim he made after he resigned, a U.S. District Court judge has ruled. The employee argued...

Government must disclose confidential informant's identity.
July 31, 2006... Byline: Barbara Rabinovitz barbara.rabinovitz@lawyersweekly.com A defendant in a narcotics case could compel the disclosure of a confidential informant's identity and the production of related exculpatory evidence, a U.S. magistrate...

Wage and hour suits on the rise.
July 31, 2006... Byline: Correy E. Stephenson correy.stephenson@lawyersusaonline.com In a disturbing development for employers, employees are increasingly filing suit alleging violations of the federal Fair Labor Standards Act and accompanying state...

Notices from the Courts.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff First period judges' assignments issued STATE OF RHODE ISLAND ANDPROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2006-17 RE: ASSIGNMENTS —...

U.S. Magistrate Judges.
July 31, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Emergency motion to dismiss Where defendants have filed an emergency motion to dismiss the plaintiff's suit following the plaintiff's failure to attend a deposition, I find...