Rhode Island Lawyers Weekly articles from March 2006

Rhode Island Lawyers Weekly archives from March 2006

Commentary: The e-mail that roared: Young attorney's job offer rejection makes waves.
March 6, 2006... Byline: David Yas How small is the area's legal community? Recently, one lawyer found out. You may have heard this tale by now. It happens that a young Massachusetts attorney by the name of Dianna Abdala was applying for a job...

Commentary: Every lawyer should be part of a team.
March 6, 2006... Byline: Edward Poll When we're on the road to handle a trial, negotiate a deal or market our practice, there is a temptation to enjoy going it alone. The road warrior image has great mystique. But every successful lawyer is, or should be,...

Commentary: Update of outdated "Rhode Island Practice" released.(Brief article)
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Roger Williams University School of Law Professor Robert B. Kent's "Rhode Island Practice" a bible for local practitioners since 1969 had sadly become outdated following amendments in 1995. ...

Interview with Boston University School of Law Professor Jay D. Wexler.(Interview)
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff U.S. Supreme Court Justice Antonin Scalia, one of the court's most conservative and outspoken judges, has been called many things in his day. Until now, though, "funny" wasn't one of them. But...

Gov. Carcieri accused of meddling in vote on marina.(Donald L. Carcieri)(Brief Article)
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff A lawyer for a Block Island marina has filed a lawsuit accusing Gov. Donald L. Carcieri and his staff of trying to influence the outcome of a vote on the marina's expansion. Champlin's Marina...

Governor Carcieri seeks report on fire code compliance.(Donald L. Carcieri)(Brief Article)
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri has asked the state fire marshal's office to survey each Rhode Island community to determine the number of nightclubs that have installed sprinklers. The progress report...

Landmark paint verdict unlikely to prompt 'rush to courthouse'.
March 6, 2006... Byline: David E. Frank One unanswered question in the aftermath of the state's historic lead-paint verdict is what the decision means for attorneys representing any one of the tens of thousands of children poisoned in recent years by lead...

Rhode Island Supreme Court says state cannot use eminent domain for parking garage.
March 6, 2006... Byline: Barbara Rabinovitz The Rhode Island Economic Development Corp.'s application of a "quick-take" condemnation statute in the case of an airport parking garage has failed to pass constitutional muster with the state's Supreme Court,...

'Class-action' not the answer for going after lead-paint makers.(Brief Article)
March 6, 2006... Byline: David E. Frank Although the filing of a class-action suit might allow for a group of plaintiffs to pool resources and take on a manufacturer together, lawyers familiar with such cases say that such a suit would be problematic in...

Verdicts & Settlements March 6, 2006: No new trial for man facing jury wearing prison uniform.
March 6, 2006... Byline: David E. Frank The defendant in a stabbing case who faced jurors while handcuffed and dressed in prison garb was not entitled to a new trial where he did not place a timely objection to his courtroom attire, the Rhode Island...

R.I. Supreme Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Limitations - Insurer Where a plaintiff's suit against a tortfeasor's insurance carrier was found to be untimely, that conclusion must be upheld, as the complaint was filed...

Superior Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Real property Partition Where evidence indicates that the defendant breached a contract with the plaintiff entitling each of them to an equal interest in certain Barrington real estate, I...

U.S. Bankruptcy Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Mortgage foreclosure - Automatic stay Where a bankruptcy court judge has validated a foreclosure sale of property in which a debtor claimed an interest, the decision should be...

1st U.S. Circuit Court of Appeals Case Summaries: March 6, 2006.
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Suit regarding motorized yacht Where a federal judge, faced with competing claims to a motorized yacht, ruled (1) that the plaintiff present owners of the vessel are not...

U.S. Supreme Court Case Summaries: March 6, 2006.(Federal Tort Claims Act)(Brief Article)
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Constitutional Capital case - Sentencing - Evidence A state can constitutionally limit the introduction of evidence of innocence by a capital defendant at a sentencing hearing held after he...

Rhode Island Lawyers in the News: March 6, 2006.(Amy Page Oberg and Ian C. Ridlon joins Burns & Levinson)(Alan M. Shoer joins Adler, Pollock & Sheehan)(Stacie Boeniger Collier joins Nixon Peabody)(Brief Article)
March 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Amy Page Oberg and Ian C. Ridlon have joined the Providence office of Burns & Levinson as associates. Oberg is a member of the firm's real-estate group and Ridlon is a member of the business...

Commentary: A young lawyer's dismay over the 'age of entitlement'.
March 6, 2006... Byline: Meghan Cosgrove I know the legal community is sick of hearing about the "e-mail that launched a thousand ships," but I cannot let this moment pass without my own editorial response ("The e-mail that roared: 'Fw: Lawyers behaving...

Commentary: Do you really need to return every client call promptly?
March 13, 2006... Byline: Edward Poll Two of my favorite "blawgers," Tom Collins (www.morepartnerincome.com) and Carolyn Elefant (www.myshingle.com), recently raised an interesting online point/counterpoint.Tom cited the case of a young partner who always...

Rhode Island Health Dept. sets April sign-up date for medical marijuana.(Brief article)
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff The Health Department intends to start issuing registration cards on April 3 to allow patients with certain illnesses and their caregivers to grow limited amounts of marijuana.Rhode Island recently...

Tougher breath-test bill is approved by Rhode Island Senate.
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff The Senate approved a bill that increases the penalties for motorists who refuse the Breathalyzer test, and makes it a crime for repeat offenders, according to The Providence Journal.The Senate has...

Rhode Island state workers owe taxes over domestic partner benefits.(Brief article)
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Hundreds of Rhode Island workers with domestic partners owe state and federal back taxes because of a reporting error by the state.The state did not report health benefits given to its employees'...

Rhode Island Supreme Court rules cross-examination over lack of sobriety allowed.(State v. Carvalho)
March 13, 2006... Byline: David E. Frank A defendant in a criminal case "opened the door" for the prosecution to elicit information about his appearance and level of intoxication when he testified to certain details at trial, even though a motion in limine...

Rhode Island Supreme Court clarifies starting point of prejudgment interest.
March 13, 2006... Byline: David E. Frank In an effort to create a "long overdue" uniform rule in arbitration cases, the Rhode Island Supreme Court has held that an injured driver was entitled to collect prejudgment interest starting from the date of his...

SLAPP defendants increasingly taking action by filing SLAPP countersuits, say experts.('Strategic Lawsuit Against Public Participation')
March 13, 2006... Byline: Correy E. Stephenson and Noah Schaffer In the legal world, even the word "SLAPP" is a term of art. SLAPP, or "Strategic Lawsuit Against Public Participation," is the acronym used for cases filed with the intent of silencing...

Rhode Island Supreme Court issues amended Rules of Juvenile Proceedings.
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Supreme CourtIn Re Amendments to Rules 1, 2, 6, 9, and 11 of the Rules of Juvenile ProceedingsORDERIn accordance with G.L. 1956 (1997 Reenactment) Sect. 8-6-2, as amended, the attached amendments...

R.I. Supreme Court Case Summaries: March 13, 2006.
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff ArbitrationPrejudgment interestWhere a Superior Court judge has confirmed an arbitration award requiring the plaintiff (the defendant's uninsured/underinsured motorist insurance carrier) to pay the...

Rhode Island Ethics Commission Case Summaries: March 13, 2006.
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interestAssistant harbormaster - Newport Waterfront CommissionWhere an assistant harbormaster employed by the city of Newport wishes to serve on the Newport Waterfront Commission, it is...

Superior Court Case Summaries: March 13, 2006.
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff ZoningSpecial use permit - TrafficWhere the Lincoln zoning board denied a plaintiff's application for a special use permit to construct a six-story condominium, the board's decision was not...

1st U.S. Circuit Court of Appeals Case Summaries: March 13, 2006.
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff ArbitrationLicensing agreement - Arbitrators' interpretationWhere a plaintiff moved to vacate an arbitration award, a district court judge committed no error in denying that motion, as the...

U.S. District Court Case Summaries: March 13, 2006.
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practiceMotion to amend discovery scheduleWhere a U.S. magistrate judge denied the plaintiffs' motion to amend discovery schedule and to compel production of documents, the magistrate judge...

U.S. Supreme Court Case Summaries: March 13, 2006.(cases of price fixing, patent infringement, recruiting and enlistment)
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff AntitrustJoint venture - Price fixingThe Sherman Act's prohibition against price fixing was not automatically violated when the parent companies of a joint venture agreed to make their prices the...

Four attorneys form Providence firm of Pannone, Lopes & Devereaux.(Gary R. Pannone, Matthew A. Lopes Jr., William P. Devereaux and William E. O'Gara Jr.)(Brief article)
March 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Gary R. Pannone, Matthew A. Lopes Jr., William P. Devereaux and William E. O'Gara Jr. have formed the Providence firm of Pannone, Lopes & Devereaux.

Commentary: A sheet-full of security.(prison escapes)
March 20, 2006... Byline: Eric Lucien For those of you lawyers who make a living putting bad guys in jail, do you ever go home patting yourself on the back for a great conviction, and flop down, exhausted, onto your bed, only to be reminded of those evil...

Commentary: Knowledge management: use it or lose it.
March 20, 2006... Byline: Edward Poll Corporate clients increasingly expect their law firms to have Knowledge Management (KM) systems. By Knowledge Management, we mean the systematic organization of the firm's entire work product, prepared for all of its...

MA attorney nominated for Boston sports radio station's Whiner Award.(Jude J. Kostas)(Massachusetts)(Brief article)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Fairly or not, lawyers have been accused of being whiners. And now, with the help of Boston-based sports radio station WEEI (at 850 on the AM dial), the whining abilities of one local lawyer have...

Karen Moss, librarian for 1st U.S. Circuit Court of Appeals since 1979, to retire April 3rd.
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Although Circuit Librarian Karen Moss is retiring April 3, her influence and presence will still be felt in the 1st U.S. Circuit Court of Appeals.Since starting with the 1st Circuit in July 1979,...

Rhode Island Ethics Commission subcommittee considers expanding "revolving door" rule.(Brief article)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff A subcommittee of the state Ethics Commission discussed expanding the state Code of Ethics "revolving door" provisions to include municipal as well as state-elected officials, according to The...

Governor of Rhode Island backs away from $5.8M cut.(Donald L. Carcieri )(Brief article)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri has backed away from his proposed $5.8 million cut to a program that provides job training, employment and daytime activities for developmentally disabled adults.The cut...

Rhode Island's governor calls for amendment that caps state spending and taxes.(Donald L. Carcieri)(Brief article)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff With calls to "impose discipline" on the State House, the governor and a coalition calling itself Affordable Rhode Island launched a campaign to amend Rhode Island's Constitution to cap increases...

1st Circuit ruling offers 'guidance' on sentencing.
March 20, 2006... Byline: David E. Frank In upholding the sentence of a man convicted of illegally entering the country, the 1st U.S. Circuit Court of Appeals has issued a decision that attempts to provide "stable guidance" to how judges should treat the...

Rhode Island Supreme Court Chief Justice's state of judiciary lashes out at funding proposal.(Frank J. Williams)
March 20, 2006... Byline: Noah Schaffer As he did last year, Rhode Island Supreme Court Chief Justice Frank J. Williams took the governor to task in his recent state of the judiciary address to the General Assembly this time sharply criticizing a proposal...

U.S. District Court judge rules company cannot deny claim based on incomplete medical records.(Ernest C. Torres, Citizens Financial Group Inc.)
March 20, 2006... Byline: Jason M. Scally A company executive was entitled to short- and long-term disability benefits after her employer and plan administrator denied her claims without trying to obtain medical imaging records relevant to her alleged...

R.I. Supreme Court suspends calendars for conference.(Rhode Island )(Brief article)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURTNo. 2005-05AMENDED EXECUTIVE ORDERPursuant to the authority granted to the Chief Justice of the Supreme Court under Section 8-15-2 of the General Laws of the State of Rhode Island...

RI Supreme Court appoints three to Committee on Character and Fitness.(Peter DiBaise, Patricia Rocha, Michael A. Ursillo)(Brief article)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Supreme CourtIn Re Committee on Character and FitnessORDERIn accordance with the provision of Article II, Rule 3 of the Supreme Court Rules, Peter DiBaise, Esq., Patricia Rocha, Esq., and Michael...

R.I. Supreme Court Case Summaries: March 20, 2006.(Rhode Island, sewer system construction petition)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff MunicipalSewer connectionWhere the defendant Lincoln town council has denied the petitioners' application to connect their proposed subdivision to the town's sewer system, the town council's...

Rhode Island State Ethics Commission Case Summaries: March 20, 2006.(Brief article)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interestState legislator - ConferenceWhere a state legislator plans to attend a health care conference in Florida organized by a non-profit educational organization, it is our opinion...

Superior Court Case Summaries: March 20, 2006.
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practiceWrit of mandamus - Master plan approvalWhere a developer has petitioned for a writ of mandamus compelling the issuance of approval of a master plan, I hold that the petition must be...

1st U.S. Circuit Court of Appeals Case Summaries: March 20, 2006.
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff CriminalSentence - ReviewWhere a defendant, who was sentenced prior to the U.S. Supreme Court's decision in United States v. Booker, 125 S. Ct. 738 (2005), has asked that his case be reviewed, we...

U.S. District Court Case Summaries: March 20, 2006.(cases of disability benefits)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff InsuranceERISA - Disability benefitsWhere a plaintiff alleges that the defendant employer and codefendant disability plan administrator violated ERISA in denying the plaintiff disability benefits,...

U.S. Magistrate Judges Case Summaries: March 20, 2006.
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff AttorneysWithdrawal - NonappearanceWhere an attorney has filed a motion to withdraw as attorney for the defendant, the motion should be allowed given the defendant's failure to appear at a hearing...

Workers' Compensation Court Case Summaries: March 20, 2006.(workplace injury case)(Berarducci v. Lifespan Corporation)(Brown University v. Santos)(Lopes v. Cherry Hill Manor Nursing Home)
March 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Workers' compensationBack injury - Return of incapacityWhere an employee has appealed the decision in a workers' compensation case, we conclude that the appeal must fail because the employee has...

Rhode Island republicans try to block campaign probe.(Republican Party )
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff The state Republican Party is seeking to block a campaign probe arguing it violates the GOP's due process and First Amendment rights. The state Board of Elections is investigating a complaint that...

Judge Bruce M. Selya says time has come to cut back.
March 27, 2006... Byline: Noah Schaffer Judge Bruce M. Selya compares himself to "the kid who goes to bed and wakes up and finds he's Joe DiMaggio that's the rush I still get."Although the Providence-based 1st U.S. Circuit Court of Appeals judge is taking...

Court: failure to instruct jury on 'voluntariness' is reversible error.
March 27, 2006... Byline: David E. Frank A trial judge's failure to instruct a jury on its role in determining the voluntariness of a defendant's videotaped statement constituted a violation of Rhode Island's Humane Practice Rule, the state Supreme Court...

Superior Court issues third period judges' assignments.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC.ADMINISTRATIVE ORDER NO. 2006-6RE: ASSIGNMENTS — THIRD PERIODApril 2, 2006 through July 1, 2006MR. JUSTICE...

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT, PROVIDENCE, SC.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff ADMINISTRATIVE ORDER NO. 2006-7RE: ASSIGNMENT OF JUSTICES TO QUALIFICATION OF GRAND AND PETIT JURORS IN PROVIDENCE COUNTYApril 2, 2006 through July 1, 2006GRAND JURYApril 1MondayMr. Justice...

R.I. Supreme Court Case Summaries: March 27, 2006.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff AppealsDismissal - Failure to appearWhere a defendant has appealed a Superior Court denial of his motion to dismiss a criminal information charging him with two counts of delivery of a controlled...

State Ethics Commission Case Summaries: March 27, 2006.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interestDemocratic town committee officerWhere the petitioner is an officer of the Westerly Democratic Town Committee, it is our opinion that he would not be prohibited by the State...

Superior Court Case Summaries: March 27, 2006.(Nissan Motor Acceptance Corporation v. Dawson, et al.)
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practiceEquitable and contractual indemnityWhere a plaintiff is seeking equitable indemnity from a defendant and contractual indemnity from a codefendant for payments made in settlement of a...

U.S. Bankruptcy Court Case Summaries: March 27, 2006.(Brief article)
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff BankruptcyDismissal - Involuntary petitionWhere (1) an involuntary Chapter 7 petition was filed after the debtor was charged with murdering his mother and estranged wife and (2) the petition was...

1st U.S. Circuit Court of Appeals Case Summaries: March 27, 2006.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practiceMotion to interveneWhere (1) two plaintiff firms filed suit against a defendant company and sought injunctive relief, alleging that the defendant violated Puerto Rico Law 75, a...

U.S. District Court Case Summaries: March 27, 2006.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practiceChallenges to state court judgmentsWhere plaintiffs have filed a "rambling" complaint alleging due process, equal protection and/or fraud violations in various Rhode Island state...

U.S. Magistrate Judges Case Summaries: March 27, 2006.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practicePre-judgment writ of attachmentWhere a plaintiff has moved for issuance of a prejudgment writ of attachment, I find that the motion must be denied because the plaintiff has not made...

U.S. Supreme Court Case Summaries: March 27, 2006.
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Search and seizureSpousal consentOne spouse can't give valid consent for a police search of the common areas of the marital residence when the other spouse is present and objects.Georgia v....

Commentary: Cross-examination is good theater ... but direct exams win trials.
March 27, 2006... Byline: Brian Moriarty In the lore of trial work, particularly Hollywood's version, the most dramatic moment is the cross-examination of a hostile witness. The jury, the gallery and, of course, the TV audience is mesmerized and...

Commentary: 'A life-changing experience': a lawyer lends a hand in New Orleans.
March 27, 2006... Byline: Philip D. Woodbury I spent much of February with a shovel, a crowbar, a sledgehammer and a wheelbarrow, helping gut flooded houses in New Orleans. I survived without a briefcase, legal pad or even a copy of Lawyers Weekly. I love...

Commentary: Can a departing lawyer take copies of files.(Column)
March 27, 2006... Byline: Edward Poll Can a departing lawyer copy documents from files of the "old" firm?Certainly the answer would be "no," when the departing lawyer wants to use the files to take clients from the firm he or she is leaving.But what if the...

Rhode Island drug sentences would be reduced under bill.(Brief article)
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Rhode Island legislators are considering a bill that would eliminate minimum sentences for some drug crimes and give judges more leeway to direct first-time offenders to treatment programs.The...

Amendment prohibits Rhode Island mayors from appointing board and commission members.(Brief article)
March 27, 2006... Byline: Rhode Island Lawyers Weekly Staff State legislators have discovered that a constitutional amendment that restructured state government has had an unintended consequence it prohibits mayors from appointing board and commission...