Rhode Island Lawyers Weekly articles from June 2003

Rhode Island Lawyers Weekly archives from June 2003

Rhode Island Superior Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Rhode Island Lawyers Weekly Staff Social Services Medical Assistance Benefits - Finances - Court- Authorized Funeral Expenses Where a plaintiff's request for Medical Assistance benefits on behalf of a nursing home resident...

U.S. District Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Subcontractor - Overtime Claims - Release Where a plaintiff subcontractor, which alleges that it is owed sums for overtime work on a shopping mall project, has filed breach of...

Rhode Island Supreme Court Rules Arbitration Is Binding In Case Of Car Accident.
June 2, 2003... Byline: David L. Yas A plaintiff in a car-accident case could not cancel an arbitration agreement that limited her to $25,000 in damages, the Rhode Island Supreme Court has found. According to the plaintiff, the defendant's refusal to...

Rhode Island Supreme Court Dismisses Couple's Case Over Gift To Child.
June 2, 2003... Byline: Sean F.W.J. Fowler A mother could not bring an action in Family Court to force her ex-husband to account for money deposited in their child's bank account where those accounts were not brought to light during earlier divorce...

Rhode Island Bar Is Split Over Proposed Rule Changes.
June 2, 2003... Byline: Jason M. Scally Proposed changes to the Rhode Island Rules of Professional Conduct could expand a lawyer's ability to disclose confidential client communications if adopted by the state Supreme Court. The initiative to modify...

Rhode Island Supreme Court Case Summaries: June 2, 2003.
June 2, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Insurance - Release - Loss Of Consortium Where a Superior Court judge confirmed an arbitration award in favor of a plaintiff who was injured in a traffic accident involving the...

U.S. Court of Appeals 1st Circuit Case Summaries: June 2, 2003.
June 2, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Divorce - Dischargeability Where a bankruptcy judge deemed two of a divorced debtor's obligations to his ex-wife to be in the nature of alimony or support rather than property...

U.S. Magistrate Judges Case Summaries: June 2, 2003.
June 2, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Default - Untimely Response To Complaint Where a plaintiff moves for judgment in his favor based on the defendants' failure to file a timely response to the amended...

Rhode Island Family Court Administrative Order Revising 96-3: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff RHODE ISLAND FAMILY COURT ADMINISTRATIVE ORDER 2003-02 (Revising 96-3) RE: DOMESTIC CASEFLOW CALENDAR TWO-TRACK SYSTEM 1. There is hereby created a two-track system for all domestic...

Rhode Island Lawyer Prevails In Unique Property Rights Case.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Ask Samuel D. Zurier about real property rights, and he's quick to tell you they're alive and well in Rhode Island -- especially in the wake of his recent win in Renaissance Development Corp. v....

Rhode Island Supreme Court Rules Carrier May Deny Claim Where Policy Is Unpaid.
June 9, 2003... Byline: Sean F.W.J. Fowler An insurance company did not have to cover a policyholder's accident that occurred after the policy had been cancelled for non-payment -- even though the policy was later reinstated, the Rhode Island Supreme...

Rhode Island Supreme Court Rules Dentist Can't 'Shift Blame' To Avoid Malpractice.
June 9, 2003... Byline: John O. Cunningham A dentist being sued for malpractice could not obtain a finding that the negligence of another doctor was a superseding cause of the plaintiff's death without presenting expert testimony, the Rhode Island Supreme...

U.S. Magistrate Judges Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Insurance Costs - Prevailing Party Where (1) a jury returned a verdict for a defendant insurance company and (2) the defendant thereafter moved for an order requiring the plaintiff...

U.S. Supreme Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Debt- Restructuring Agreement An arbitration provision in a debt-restructuring agreement is enforceable under the Federal Arbitration Act because the agreement sufficiently...

Rhode Island House Leaders Vote In Separation Of Powers Bill.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff House lawmakers recently voted 71-1 in favor of a separation of powers bill that would prevent legislative leaders from appointing colleagues to dozens of boards and commissions, and would...

Rhode Island Supreme Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Insurance Cancellation - Notice Where a judgment was entered in Superior Court declaring that the plaintiff insurance company was under no duty to defend or indemnify the defendant...

U.S. Court of Appeals 1st Circuit Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Dismissal - Discovery - Noncompliance With Court Order Where a plaintiff's complaint was dismissed for failure to comply with a court order requiring him to submit to a...

U.S. District Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Misconduct - Sanctions Where defense attorneys violated Rule 11 in their representation of the defendants, the attorneys and their law firms should, on a joint and several...

Rhode Island Workers' Compensation Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Denial of Benefits - 'Loss Of Hearing' Claim Where a plaintiff, who alleges that she suffered a hearing loss because of her employment, challenges a decision denying...

Rhode Island Superior Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Administrative Police Officer - Termination Where a plaintiff police officer has appealed a hearing committee's decision to uphold the Providence police chief's decision to terminate the...

U.S. Bankruptcy Court Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Jurisdiction - Appeal Where a bankruptcy court's decision to dismiss a Chapter 11 case has been appealed, the appeals must be dismissed for lack of jurisdiction. "Before us...

Rhode Island Ethics Commission Case Summaries: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest State Senator - Position As Human Resources Director Where the petitioner is serving as a state senator, it is our opinion that he is permitted by the State Code of...

Results Of February Rhode Island Bar Exam: June 9, 2003.
June 9, 2003... Byline: Rhode Island Lawyers Weekly Staff The following individuals were successful on the February 2003 Rhode Island Bar Examination and must be certified by the Committee on Character and Fitness before admission. A single asterisk...

Rhode Island Supreme Court Notice Of Public Hearing Regarding LLCs.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Public Hearing Thursday, June 19, 2003 9:30 a.m. Supreme Court Courtroom, 250 Benefit St., Providence In re Rhode Island Bar Association (Limited Liability Companies) ...

Rhode Island Supreme Court Ethics Panel Issues Ruling On Conflict Of Interest: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Rhode Island Supreme Court Ethics Advisory Panel Opinion No. 2003-01 Request No. 857 Issued March 4, 2003 Facts: The inquiring attorney is a town solicitor for the town in which...

Rhode Island Supreme Court Announces Commission Appointment.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Commission on Judicial Tenure and Discipline (In re appointment of member) ORDER In accordance with the provisions of G.L. 1956 (1997 Reenactment) Sect....

Rhode Island Supreme Court Denies 'Separate' Consortium Suit.
June 16, 2003... Byline: Sean F.W.J. Fowler The wife of an injured motorist could not bring a consortium claim against her husband's insurance company instead of joining the claim with the underlying personal-injury suit, the Rhode Island Supreme Court has...

Rhode Island District Court Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Motor Vehicles Chemical Test - Refusal Where a judge found that a motorist, after crashing his car into a telephone pole, had refused to submit to a chemical test under G.L. Sect....

U.S. Magistrate Judges Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Default Judgment Where (1) a plaintiff surety filed an action seeking to have the defendants held liable under an indemnity agreement, (2) a default judgment was...

Rhode Island Workers' Compensation Court Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Carpal Tunnel Syndrome Where a trial judge has granted a 72-year-old administrative assistant workers' compensation benefits, we hold that the benefit award should be...

Rhode Island Supreme Court Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Discipline - Public Censure Where an attorney neglected two clients' legal matters, he should be publicly censured. "It is apparent that respondent neglected a legal matter...

Rhode Island Ethics Commission Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Little Compton Beach Commission - School Employee Where a part-time school instructional aide who also serves as a substitute school bus driver wishes to run for a seat...

U.S. Court of Appeals 1st Circuit Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Commercial Purchase Agreement - Premiums Where defendants have appealed a judgment entered under Illinois law involving "retrospective premium adjustments," the judgment should be affirmed...

U.S. District Court Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Preliminary Injunction - Inclusion In Police Training Academy Class Where 14 plaintiffs (1) applied for positions as Providence police officers, (2) were selected to attend...

Rhode Island Supreme Court Rules No Claim For Elderly Tenant's Fatality.
June 16, 2003... Byline: Jason M. Scally A housing authority that wait-listed an elderly tenant seeking single-floor housing could not be found negligent for the tenant's death after he fell down the stairs, the Rhode Island Supreme Court has ruled. ...

Rhode Island Commissioner of Education Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Where a student seeks to have Johnston declared as her place of residence for school attendance purposes, I find that the student's request must be denied because evidence indicates that the student...

U.S. Supreme Court Case Summaries: June 16, 2003.
June 16, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional Commerce Clause - Dairy Regulation The 1996 Farm Bill does not exempt California's interstate regulation of the dairy industry from Commerce Clause scrutiny. Hillside...

R.I. Superior Court Awards $675K To Brown University Professor Who Was Denied Tenure.
June 16, 2003... Byline: Sean F.W.J. Fowler As an assistant professor with Brown University's Division of Engineering, Fred Shoucair was generally considered one of the more talented members of the faculty. So when Shoucair came up for tenure, he...

Rhode Island Lawyers Join The Biking "Barristers".
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff "Get your motor runnin.' Head out on the highway. Looking for adventure. And whatever comes our way..." If you secretly wish "Born to be Wild" was your theme song, and the idea of miles of...

Rhode Island Supreme Court Rules Towns Can't Prohibit Ferries From Docking.
June 23, 2003... Byline: Sean F.W.J. Fowler A town cannot prohibit ferry services from docking in its waters where the power to regulate the waterfront had already been conferred to a state agency by the public trust doctrine, the Rhode Island Supreme...

Rhode Island Supreme Court Case Summaries: June 23, 2003.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Municipal - Authorization Where a plaintiff attorney was awarded fees in connection with his representation of the Employees' Retirement System of the City of Providence, the...

Boston attorney moves to Rhode Island for the nightclub fire case.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff How far do you go, literally, to zealously represent your clients to the best of your ability in a major case? Boston's Patrick T. Jones is packing his bags and moving to Rhode Island for at...

U.S. Supreme Court Case Summaries: June 23, 2003.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Anti- Psychotic Medication The government can administer anti-psychotic medication to a criminal defendant against his will to make him competent to stand trial only in limited...

Rhode Island Workers' Compensation Court Case Summaries: June 23, 2003.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Medical Bill Payment - Res Judicata Where a plaintiff employee filed a complaint alleging that the defendant employer acted wrongfully in refusing to pay certain...

Commentary: 10 Ways To Reciprocate In Networking.
June 23, 2003... Byline: Steven Seckler I spend a lot of my professional time giving out advice about networking. I frequently talk to experienced lawyers about using networking as a business development tool. Every day, I coach lawyers about using...

Rhode Island Carbon Monoxide Case Nets Sizeable Settlement.
June 23, 2003... Byline: Jeanne Greeley In what is believed to be the largest settlement of its kind in Rhode Island, attorneys recently brought to a close a case of carbon monoxide poisoning by securing an $850,000 sum for the now 56-year-old plaintiff, a...

U.S. Court of Appeals 1st Circuit Case Summaries: June 23, 2003.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff Antitrust Podiatric Care Where plaintiffs representing the interests of podiatrists in Puerto Rico (1) filed suit in federal court against defendant Blue Cross and a codefendant and (2)...

Rhode Island Supreme Court Rules Unlicensed Real Estate Firm Can't Sue For Fee.
June 23, 2003... Byline: David L. Yas A real-estate firm that was not licensed as a broker in Rhode Island could not sue in Superior Court over a company's failure to pay a commission -- even though certain brokers that the firm employed were licensed in...

Rhode Island Superior Court Case Summaries: June 23, 2003.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Law Firm - Dissolution Where the law firm of Anderson, Zangari & Bossian has been dissolved, the partnership assets should be distributed according to the terms of the "ABZ...

U.S. District Court Case Summaries: June 23, 2003.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff Education 'Free And Appropriate Public Education' Where an administrative hearing officer ruled that the defendant Warwick School Department (1) had violated the Individuals with...

U.S. Magistrate Judges Case Summaries: June 23, 2003.
June 23, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Arrest - No- Contact Order Where a plaintiff, who was arrested by two Pawtucket police officers, has filed a 42 U.S.C. Sect. 1983 complaint naming as defendants the two...

Rhode Island Lawyers In The News: June 30, 2003.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff New Associations Desiree M. Santilli has joined the Providence firm of Gunning & LaFazia where she will continue to practice civil litigation. She received her J.D. from New England School of...

Rhode Island Supreme Court Case Summaries: June 30, 2003.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff Real Property Constructive Trust - Trespass And Ejectment Where a trial judge ruled against the present appellant in a constructive trust action, the judge acted permissibly based on...

1st U.S. Circuit Court Of Appeals Rules Bias Claim Based On Vicarious Liability.
June 30, 2003... Byline: Jason M. Scally A woman who claimed she was sexually harassed by her supervisor at work may bring a claim for vicarious liability against her former employer -- even though the employer may have taken actions to remedy the...

U.S. 1st Circuit Proposes Amendments For Complaints About Judges.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff United States Courts for the First Circuit Office of the Circuit Executive John Joseph Moakley United States Courthouse 1 Courthouse Way, Suite 3700 Boston, MA 02210 Gary H....

U.S. Magistrate Judges Case Summaries: June 30, 2003.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff Habeas Corpus Dismissal - State Remedies Where respondent have moved to dismiss a habeas corpus petition, the motion should be allowed in light of the fact that the petitioner's requests...

U.S. Supreme Court Case Summaries: June 30, 2003.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Class Actions If a mandatory arbitration provision is silent on the issue of class actions, an arbitrator must decide if the plaintiffs can pursue one. Green Tree...

Rhode Island Workers' Compensation Court Case Summaries: June 30, 2003.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Assault - Fellow Employee Where a trial judge refused to award workers' compensation benefits to an employee who suffered injuries as the result of an assault by a...

Rhode Island Superior Court Judge Rules Driver May Sue Carrier In Bid To Get UM Policy.
June 30, 2003... Byline: Sean F.W.J. Fowler A driver could sue his insurance company to obtain underinsured-motorist coverage -- even though he had previously waived the coverage, a Superior Court judge has ruled. The insurance company argued that the...

Rhode Island Judiciary's New GC Juggles Two Jobs: Q&A.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff When former Gov. Lincoln C. Almond's term ended earlier this year, Erika Leigh Kruse stayed on as the chief deputy executive counsel to help out during the changing of the guard. By the time Gov....

Rhode Island Superior Court Case Summaries: June 30, 2003.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff Insurance UM Coverage - Notice Where a plaintiff policyholder argues that her auto insurance policy should be reformed so as to include uninsured motorist coverage, summary judgment in...

U.S. Court of Appeals 1st Circuit Case Summaries: June 30, 2003.
June 30, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Discovery - Subpoena Duces Tecum Where a company named as a defendant in a federal case in Iowa sought an order in the U.S. District Court for the District of New Hampshire...