Rhode Island Lawyers Weekly articles from March 2003

Rhode Island Lawyers Weekly archives from March 2003

Lessons From The Rhode Island Family Court Judge Paul Suttell Nomination.
March 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Former Gov. Lincoln Almond's nomination of Family Court Judge Paul Suttell to fill the vacancy on the Supreme Court created by the death of Justice John Bourcier recently whimpered to a...

Rhode Island's Head Of Defense Lawyers' Group Weighs In.
March 3, 2003... Byline: Jason Scally Michael B. Isaacs is not -- nor has he ever been -- a defense lawyer. So why did the Rhode Island Association of Defense Trial Counsel pick him as its first-ever executive director? "I think they chose me because at...

Commentary: Cleaning The Suits Out Of The Closet.
March 3, 2003... Byline: David L. Yas Just cleaning the lawsuits (and other stuff) out of the closet In Kansas City, Kansas, a judge has set a trial date in a discrimination lawsuit filed against Southwest Airlines by two black passengers who were...

Rhode Island Superior Court Case Summaries: March 3, 2003.
March 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Deposition - Collateral Estoppel Where a defendant wishes to depose a plaintiff and one of the plaintiff's employees, a protective order should be issued to prevent the...

U.S. Court of Appeals 1st Circuit Case Summaries: March 3, 2003.
March 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Administrative Appropriations Bill - Permanence Where Congress in a fiscal year 2001 appropriations bills banned the use of spotter planes by tuna fishermen, the ban did not have permanent...

U.S. Magistrate Judges Case Summaries: March 3, 2003.
March 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Ambiguity - Royalties Where a plaintiff filed suit seeking to enforce a royalty agreement, the ambiguous nature of the contractual language leads me to recommend that the...

Rhode Island Superior Court Judge Rules Fired Employee Could Recover Stock Options.
March 3, 2003... Byline: Bainbridge D. Testa A food service employee could recover the value of his stock options from his employer after he was fired -- even though he never attempted to exercise his contractual option to buy the stock, a Superior Court...

1st U.S. Circuit Court Of Appeals Rules Ban On Fishermen's Planes Is Temporary.
March 3, 2003... Byline: Bain Testa Fishermen who use "spotter" planes to locate tuna were only temporarily banned from using the planes under a federal appropriations bill, the 1st U.S. Circuit Court of Appeals has ruled. The fishermen sued the U.S....

U.S. District Court Judge Rules Carrier Must Turn Over Data After Fraud Claim.
March 10, 2003... Byline: Bainbridge D. Testa A company that insured a rental truck driver who caused a serious accident must produce documents relating to a claim of insurance fraud, a U.S. District Court judge has ruled. The plaintiff policyholder...

R.I. Superior Court Judge Rules Agency Delays Amounted To 'Taking' Of Property.
March 10, 2003... Byline: John O. Cunningham A developer was entitled to compensation for a "temporary taking" after it took several years to reverse a decision by the Department of Environmental Management to change wetlands boundaries on the developer's...

Rhode Island Lawyer For Exonerated Man Reflects On Case.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff In a case with more twists and turns than an episode of the television drama "Law & Order," Jeffrey Scott Hornoff was sentenced to life in prison in July 1996 for the brutal murder of Victoria...

Rhode Island Workers' Compensation Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Average Weekly Wage - R.I.G.L. Sect. 28-33-20 Where an employee suffered a job-related injury before she had worked for a "net period" of two calendar weeks, a trial...

Rhode Island Superior Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Notice Of Appeal - Timeliness Where a plaintiff has filed a motion to dismiss the defendant's notice of appeal, I find that the plaintiff's motion must be denied in light of...

U.S. District Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Conducting Of Depositions - Response To Summary Judgment Motion Where a plaintiff has moved (1) for leave to conduct depositions and (2) for an extension of time to respond...

R.I. Supreme Court Issues Orders: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT NO. 03-02 EXECUTIVE ORDER Pursuant to the authority granted to the Chief Justice under Sect. 8-15-2 of the General Laws of the State of Rhode Island 1956 (1985...

Rhode Island Supreme Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Domestic Relations Fraud - Reopening Of Divorce Case Where a divorce case was reopened and the plaintiff wife awarded an additional $500,000 plus attorneys' fees, this was warranted in...

U.S. Court of Appeals 1st Circuit Case Summaries: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion To Enforce Mandamus Where (1) this court granted a defendant facing a possible death penalty sentence a writ of mandamus requiring "that learned counsel be appointed...

U.S. Court of Appeals Case Summaries: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Evidence Discovery - Crime/Fraud Exception To Privilege Where a plaintiff policyholder (1) has filed suit against the defendant claims service agent of the insurance company which insured...

U.S. Supreme Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: Rhode Island Lawyers Weekly Staff RICO Anti- Abortion Protesters Anti-abortion protesters could not be held civilly liable under RICO because they did not obtain or attempt to obtain the abortion clinic's property. ...

Rhode Island Supreme Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Underinsured Motorist Benefits - Permanent Injury Where (1) a plaintiff, who was injured in a traffic accident, received $100,000 under an insurance policy that had been issued...

Rhode Island Ethics Commission Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest School Committee - Union Member Where a South Kingstown school committee member is also a member of the Professional Staff Association at the University of Rhode...

Rhode Island Superior Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Municipal Residency Requirement - Hearing - Police Officer Where the town of Burrillville claims that a police officer is not entitled, under the Law Enforcement Officers Bill of Rights, to...

Rhode Island Law Firm Steps Up To Help Victims Of Nightclub Blaze In Warwick.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Edwards & Angell has stepped up to the plate in a big way to help victims of the recent Station Nightclub blaze in West Warwick. The 300-lawyer national law firm has donated $25,000 to the...

1st U.S. Circuit Court Of Appeals Rules Company's Re-Design Of Retirement Benefits OK.
March 17, 2003... Byline: Jason M. Scally A corporation did not violate federal employment laws by restructuring its retirement benefits in a way that adversely impacted an older employee, the 1st U.S. Circuit Court of Appeals has ruled. The employee,...

U.S. Court of Appeals 1st Circuit Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional 11h Amendment Immunity Where the defendant Puerto Rico and the Caribbean Cardiovascular Center Corp. moved to dismiss a complaint filed by a plaintiff corporation, the...

U.S. Magistrate Judges Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Dismissal Motion - Service Of Process Where question exists whether good cause existed for the plaintiffs improperly serving the defendants with process, I will not grant the...

Collection agencies make bold moves to collect debtors' money.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff "Hello, Ms. Smith? This is the collection agency." "Yes?" "If you don't pay us the money you owe us we're calling your boyfriend to tell him you've been unfaithful, your priest to tell him...

Rhode Island Attorney Helps Medicaid Applicants Get Benefits.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Thousands of elderly and disabled Medicaid applicants owe Holland & Knight attorney David J. Correira a big thanks for getting them benefits that were previously denied. Correira worked on the...

U.S. Supreme Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Administrative Sex Offenders - Internet A state civil regulatory scheme requiring that names, addresses, photos and descriptions of released, rehabilitated sex offenders be maintained in a...

Rhode Island Workers' Compensation Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Moot Appeal Where an employer filed an appeal of a decree granting an injured employee weekly benefits for partial incapacity, we hold that the appeal was rendered...

1st U.S. Circuit Court Of Appeals Rules Special Jury Charge In 'Blueprint Battle'.
March 17, 2003... Byline: John O. Cunningham A condominium developer that infringed an architect's copyright by using his plans without permission was entitled to a jury instruction that damages should be apportioned between the value of the infringed plans...

Rhode Island Supreme Court Rules Owner Not Required To Sell 'Slice' Of Property.
March 17, 2003... Byline: Correy E. Stephenson Owners of an auto-body shop could not be ordered to sell a portion of their land -- which was occupied by a garage and driveway used by their neighbor -- after the owners had defeated a claim of adverse...

U.S. Bankruptcy Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Private School Tuition - Summary Judgment Where a U.S. Bankruptcy Court judge entered a summary judgment holding that sums owed by the debtor to his ex-wife, under a...

U.S. District Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Commercial Misappropriation Of Trade Secrets Where a plaintiff has brought suit charging the defendant with misappropriation of trade secrets in violation of the Rhode Island Uniform Trade...

U.S. Court of Appeals 1st Circuit Case Summaries: March 24, 2003.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Petition For Rehearing Where a petition for panel rehearing has been filed in the present case, we conclude that the petition should be granted. "The matter is to be...

U.S. District Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Patent And Trademark Preliminary Injunction - Stores Where the plaintiff, Bob's Stores Center, Inc., filed suit charging the defendant with trademark infringement and other wrongful acts,...

U.S. Magistrate Judges Case Summaries: March 24, 2003.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Habeas Corpus Exhaustion Requirement Where a state prisoner has filed a habeas corpus petition in connection with a prison disciplinary proceeding, the petition should be dismissed because...

Commentary: Overcoming The Current Mediation Meltdown.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff It is the opinion of many in the plaintiffs' bar that the mediation process has become increasingly ineffective. Parties arrive without authority or sufficient authority, in violation of the...

Rhode Island Supreme Court Rules Worker Cannot Get Raise In Monthly ERISA Pay.
March 24, 2003... Byline: Correy E. Stephenson A union worker could not win an appeal brought to increase his monthly ERISA payments without a showing that his employer acted in an arbitrary and capricious manner, the Rhode Island Supreme Court decided. ...

Rhode Island Superior Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional Double Jeopardy - Firearm Offense Where a defendant argues that the imposition of a life sentence, on a charge of discharging a firearm during the commission of a violent...

Commentary: A 'Funny' Look At Federal Court.
March 24, 2003... Byline: David L. Yas I was shocked to discover recently that there is a new television program that is not reality-based. I noticed this while flipping channels between "Car Accidents of the Rich and Famous," "Hidden Camera Therapy...

Verdicts & Settlements March 24, 2003: $800K Pay-Out For Failure To Treat Post-Operative Infection.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff This case involved the alleged failure to aggressively treat a post-operative infection following the circumcision of a 52-year-old man, which led to necrosis, a deformity of his genitalia, sexual...

Rhode Island Commissioner of Education Case Summaries: March 24, 2003.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Education Vocational Program Where a petitioner has challenged the vocational education program offered to her son by the Pawtucket public schools, the petition must be denied and...

Rhode Island Supreme Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Discipline - Suspension Where an attorney misappropriated funds from the law firm in which he was a shareholder, he should be suspended for 60 days. Analysis "Pursuant...

Rhode Island Supreme Court Suspends Lawyer Who Stole Funds For 60 Days.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff A lawyer who stole funds from his firm's client account for more than two years was suspended from practice for 60 days -- even though he had already begun making full restitution before the...

Rhode Island Ex-Prosecutor Is A Titan In Private Practice.
March 24, 2003... Byline: John O. Cunningham When one thinks of trial lawyers, the words "soft-spoken" and "unassuming" don't usually leap to mind. Yet those are the words that best describe one of Rhode Island's most successful advocates in the...

Verdicts & Settlements March 24, 2003: Rear-End Collision Results In $70K Settlement.
March 24, 2003... Byline: Rhode Island Lawyers Weekly Staff The plaintiff, a passenger in a vehicle driven by her son, was at a complete stop at the intersection of Broad and Hunter streets in Central Falls. The plaintiff claimed that her vehicle was struck...

Rhode Island Superior Court Case Summaries: March 31, 2003.
March 31, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Lead Paint Trial Where both sides have filed motions following a "hung jury" in a civil trial in which the Rhode Island Attorney General sought to hold the defendant lead...

U.S. District Court Case Summaries: March 31, 2003.
March 31, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Dispute Involving Subcontract Where a defendant construction company seeks to enforce against a surety an arbitration clause in a subcontract between the defendant and a site...

U.S. Magistrate Judges Case Summaries: March 31, 2003.
March 31, 2003... Byline: Rhode Island Lawyers Weekly Staff Insurance Denial Of Short- Term Disability Benefits Where (1) a plaintiff employee has challenged a defendant insurance company's denial of his application for short-term disability...

R.I. Supreme Court Case Summaries: March 31, 2003.
March 31, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Appeal Before DOL Where the plaintiff Director of the Rhode Island Department of Employment and Training has filed a petition for certiorari challenging a District Court...

U.S. District Court Judge Bars Civil-Rights Lawsuit By Time Limit.
March 31, 2003... Byline: Rhode Island Lawyers Weekly Staff An auto-parts store employee could not sue for gender discrimination more than a year after the events in question occurred -- even though she filed her claim under the Rhode Island Civil Rights Act...

R.I. Superior Court Judge Drops DUI Charge With No Proof Of Blood Level.
March 31, 2003... Byline: Correy E. Stephenson A drunk-driving defendant could not be convicted of a crime without evidence of his blood-alcohol level, a Superior Court judge decided. The state argued that blood-alcohol evidence was not required to...

R.I. Supreme Court Disciplinary Counsel Keeping Close Tabs On Bar.
March 31, 2003... Byline: Rhode Island Lawyers Weekly Staff As the smoke settles from the fire that killed nearly 100 people at The Station nightclub last month, attorneys are still working to determine whom they can name as parties to criminal and civil...

Rhode Island State Ethics Commission Case Summaries: March 31, 2003.
March 31, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest School Committee Member - Teacher Spouse Where the petitioner is a Cranston School Committee member, it is our opinion that he is allowed by the State Code of Ethics to...