Rhode Island Lawyers Weekly articles from March 2007

Rhode Island Lawyers Weekly archives from March 2007

Plan to change way judges picked earns R.I. Judicial Nominating Commission's support.(Rhode Island)
March 5, 2007... Byline: Noah Schaffer Both the outgoing and incoming chairmen of the Judicial Nominating Commission say they back a recent proposal by the governor that would allow him more choices when naming state court judges. Gov. Donald L....

Body cavity search after traffic stop unjustified, rules U.S. District Court judge.
March 5, 2007... Byline: Noah Schaffer Police officers who made a traffic stop did not have sufficient "particularized suspicion" to conduct a visual body cavity search of an auto passenger, a U.S. District Court judge has found. The prosecution argued...

Company immune over Internet message board, rules 1st Circuit.(Universal Communication Systems, Inc., et al. v. Lycos, Inc., et al.)
March 5, 2007... Byline: Eric T. Berkman A company could not sue an Internet message-board operator for allegedly false, defamatory statements posted on the site by third parties, the 1st U.S. Circuit Court of Appeals has ruled. The defendant...

Patricia Sullivan reappointed to Unauthorized Practice of Law panel.(Brief article)
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re: Unauthorized Practice of Law Committee (Reappointment) ORDER In accordance with G.L. 1956 (2002 Reenactment) Sect. 11-27-19, Patricia A. Sullivan is hereby...

R.I. Supreme Court approves amended Rules of Conduct.
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re: Rhode Island Rules of Professional Conduct ORDER Section 1. On January 6, 2006, the Court's Committee to Review the Rules of Professional Conduct for attorneys...

R.I. Supreme Court Case Summaries: March 5, 2007.
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation - Revocation Where a defendant's probation was revoked, his appeal of the revocation order must be rejected, as the finding of a violation was amply supported by...

R.I. State Ethics Commission Case Summaries: March 5, 2007.
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Planning board member - Development project Where the petitioner is a member of the Warren Planning Board, it is our opinion that he is barred by the State Code of...

Superior Court Case Summaries: March 5, 2007.
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Constitutional Tow list policy Where a plaintiff towing company has challenged the constitutionality of the written tow list policy employed by the defendant Smithfield Police Department,...

1st U.S. Circuit Court Of Appeals.
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Administrative Puerto Rico - Prescription drug coverage Where a federal judge issued a preliminary injunction requiring a defendant Puerto Rico agency to permit a plaintiff health insurance...

U.S. District Court Case Summaries: March 5, 2007.
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Search and seizure Visual body cavity search - Traffic stop Where police officers conducted a visual body cavity search of a passenger at a traffic stop, the evidence found as a result must...

Workers' Compensation Court Case Summaries: March 5, 2007.
March 5, 2007... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation 'Good Samaritan' rule - 'Going and coming' rule Where (1) in preparing to leave for work, an employee entered his company van parked outside his apartment building,...

Commentary: Would apprenticeship make for better lawyers?(Column)
March 5, 2007... Byline: Edward Poll It's always gratifying when one's opinions receive outside support. A few months back I wrote in this column that law schools really don't teach the day-to-day aspects of being a lawyer -- interacting with clients...

R.I. Chief Justice Williams says courts 'performed admirably' despite increased workload.(Rhode Island)(Frank J. Williams)
March 12, 2007... Byline: Hon. Frank J. Williams The following is excerpted from an address by Chief Justice Frank J. Williams of the Rhode Island Supreme Court to the General Assembly on Feb. 27. It was six years ago that I began working as your chief...

R.I. Superior Court denies estate UM benefits under rental co.'s policies.(Rhode Island)(underinsured motorist)(Lynch, et al. v. Spirit Rent A Car, Inc.)
March 12, 2007... Byline: Eric T. Berkman The estate of a rental-car driver who died in an accident allegedly caused by an underinsured motorist could not collect UM benefits from the rental company's insurance carriers, a Superior Court judge has ruled....

R.I. Supreme Court Ethics Advisory Panel rules settlement payable to client in absence of lien.(Rhode Island)
March 12, 2007... Byline: Noah Schaffer Proceeds from the settlement of a personal injury action should be paid directly to the client, absent formal notice of a third-party claim, the Rhode Island Supreme Court Ethics Advisory Panel has decided. Noting...

Interview with R.I. Supreme Court Chief Justice Williams.(Interview)
March 12, 2007... Byline: Noah Schaffer As state Supreme Court Chief Justice Frank J. Williams notes, there was a certain irony associated with the former Rhode Island Traffic Tribunal. "People would park on the street, go in and pay a ticket, and then...

R.I. Rules of Professional Conduct clarified.(Brief article)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff As a clarification to the revised Rules of Professional Conduct, which were published in the March 5 issue, the Rhode Island Supreme Court has issued a statement that the Appendices to the rules --...

R.I. Human Rights Commission Case Summaries: March 12, 2007.(Ezersky v. Rite-Way Forms Inc.)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Employment Disability - Drug addiction Where the complainant, a recovering drug addict, alleges that he was discriminated against on the basis of his disability, judgment should enter (1)...

R.I. Supreme Court Case Summaries: March 12, 2007.(Franco v. Latina)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Judges Violation of Canons of Code of Judicial Conduct Where the Commission on Judicial Tenure and Discipline has found that a District Court judge violated several Canons of the Code of...

R.I. Supreme Court Ethics Advisory Panel Case Summaries: March 12, 2007.
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Attorneys Conflict of interest - Special counsel Where an attorney, who has been retained as special counsel for a municipality in two separate lawsuits, wishes to represent clients in...

R.I. Superior Court Case Summaries: March 12, 2007.(Lynch v. Spirit Rent A Car Inc.)(Shepard v. Harleysville Worcester Insurance Co.)(Gibson v. Town of North Kingstown)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Insurance Uninsured/Underinsured motorist coverage - Rental car Where (1) the plaintiffs' decedent rented a motor vehicle from the defendant rental companies, (2) while driving the vehicle,...

1st U.S. Circuit Court of Appeals Case Summaries: March 12, 2007.(Hudson Savings Bank v. Austin)(United States v. Misla-Aldarondo)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Derivative claims - Settlement Where a Chapter 7 trustee of a bankrupt corporation settled for $50,000 claims brought by former corporate officers alleging fraudulent transfer,...

U.S. District Court Case Summaries: March 12, 2007.(Chrabaszcz v. Johnston School Committee)(Brief article)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Damages Prejudgment interest Where a jury returned a verdict for plaintiff on claims for breach of contract, defamation and loss of consortium against the defendants (the town of Johnston,...

U.S. Magistrate Judges Case Summaries: March 12, 2007.(Resendes v. Brown)(Anthony v. Brodeur )
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Remand - Domestic relations exception Where plaintiffs have requested that the present suit be remanded to the Providence County Family Court, I find that their request...

U.S. Supreme Court Case Summaries: March 12, 2007.(Marrama v. Citizens Bank of Massachusetts)(Wallace v. Kato)(Sinochem International v. Malaysia International Shipping Corporation)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Conversion A Chapter 7 debtor does not have an absolute right to convert to a Chapter 13 bankruptcy filing if he or she engaged in "bad faith" conduct. Marrama v. Citizens...

Commentary: Facing up to the potential for embezzlement.
March 12, 2007... Byline: Edward Poll I am a firm believer that running a law firm in a businesslike way improves the professionalism of legal practice. A profitable law practice is much more likely to avoid ethical problems regarding client funds. ...

Interview with Paul Klager: Executive director, law firm of Bacon & Wilson in Springfield, Mass.(Interview)
March 12, 2007... Byline: Rhode Island Lawyers Weekly Staff Seller's Market offers practitioners information about marketing their skills and services as attorneys. This week, reporter Noah Schaffer speaks with Paul Klager, executive director of the...

Commentary: Show them the money: making earn-outs work for sellers.
March 12, 2007... Byline: David Baer and Gary C. Bubb As lawyers, we know that earn-outs are often an element of the purchase price in the sale of a business. This means both good and bad news for our client sellers. A seller risks the possibility that...

Denial of tenure by Brown University improper, Rhode Island Supreme Court rules.
March 19, 2007... Byline: Noah Schaffer A Brown University professor denied tenure should be entitled to compensatory damages based on evidence that retaliatory animus on the part of a departmental colleague infected the tenure review process, the Rhode...

N.Y. murder conviction no bar to R.I. kidnap charge, R.I. Supreme Court says.(State v. Rodriguez)(Case overview)
March 19, 2007... Byline: Eric T. Berkman A defendant whose felony-murder conviction in New York was predicated on a kidnapping that commenced in Rhode Island could still be prosecuted in Rhode Island for the kidnapping itself, the state Supreme Court has...

Evidentiary hearing makes waves in dispute over Rhode Island marina.
March 19, 2007... Byline: Noah Schaffer While it is not uncommon for administrative-agency decisions to be appealed to the Superior Court, few cases have followed as twisted a path as the fight over the attempted expansion of Champlin's Marina on Block...

R.I. Supreme Court Case Summaries: March 19, 2007.(Rhode Island)(State v. Rodriguez )
March 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Kidnapping with intent to extort - 'Dual sovereignty' principle Where (1) a defendant was convicted in New York of second-degree felony murder, the predicate felony being...

Superior Court Case Summaries: March 19, 2007.(Nunes v. Celone)(DeCiantis v. State)(Nunes v. Celone )
March 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Motion to dissolve attachment - Automobile Where a defendant has moved to dissolve an attachment on his automobile, I conclude that his motion should be allowed pursuant to...

1st U.S. Circuit Court of Appeals Case Summaries: March 19, 2007.(Rossello-Gonzalez, et al. v. Acevedo-Vila, et al.)
March 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Ballot counting Where a federal judge sitting in Puerto Rico declined to award counsel fees to either party in a dispute regarding ballot counting, the judge acted within...

U.S. District Court Case Summaries: March 19, 2007.(Doyle, et al. v. Huntress, Inc., et al.)
March 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Employment Wages - Fishing crewmen Where plaintiffs claim that the defendant commercial fishing vessel owners failed to provide them with written wage agreements as required by 46 U.S.C....

Rhode Island Lawyers in the News: March 19, 2007.(law firm appointments)(Brief article)
March 19, 2007... Byline: Rhode Island Lawyers Weekly Staff Julie A. Balunas has joined Tillinghast Licht in Providence as an associate in the litigation practice group. Boston-based Donoghue, Barrett & Singal has opened an office in Providence. Jeffrey...

Commentary: Is the client always right? Not necessarily.(Column)
March 19, 2007... Byline: Edward Poll I came across a post from lawyer and blogger Norm Pettis, who related his experience when he asked a legal ethics panel if a lawyer could withdraw a client's claim if the lawyer concluded the claim was without merit....

R.I. State Ethics Commission Case Summaries: March 26, 2007.(Brief article)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town solicitor - Office share Where a town solicitor shares office space and expenses with another attorney, it is our opinion that the State Code of Ethics would not...

R.I. Superior Court Case Summaries: March 26, 2007.(Lombeau Inc. v. Woerner)(Madruga v. State)(State v. Yashar)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Consent judgment Where a plaintiff and municipal defendants have entered into a consent agreement under which the defendants are to pay the plaintiff $570,000 and the...

1st U.S. Circuit Court of Appeals Case Summaries: March 26, 2007.(Wine and Spirits Retailers Inc. v. State of Rhode Island)(United States v. 6 Fox Street, Windham, New Hampshire)(Federal Insurance Co. v. HPSC Inc.)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Constitutional Liquor regulation - First Amendment - Commerce Clause Where plaintiffs sought a preliminary injunction barring enforcement of two amendments to Rhode Island's statutory...

U.S. District Court Case Summaries: March 26, 2007.(United States v. Stierhoff)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Search and seizure Computer files - Consent Where a defendant charged with tax evasion has moved to suppress files obtained by the state police from his home computer, the motion should be...

U.S. Supreme Court Case Summaries: March 26, 2007.(Travelers Casualty and Surety Company of America v. Pacific Gas and Electric Company)(Brief article)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Counsel fees Federal bankruptcy law does not forbid contract-based claims for counsel fees based solely on the fact that the fees were incurred litigating bankruptcy law issues....

R.I. Lawyers in the News; March 26, 2007.(Gilbane Building Co. appoints Denise E. Choquette)(Gibson and Behman promotes Brian T. Dougan)(Brief article)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff New associations Denise E. Choquette has joined Gilbane Building Co. as senior legal counsel. Promotions Brian T. Dougan, of the Providence office of Gibson & Behman, has been named...

Commentary: Why work for clients who don't pay?
March 26, 2007... Byline: Edward Poll One of my first columns was on the importance of collecting the money that clients owe you. This topic is so important that, as a new fiscal year begins for many firms, it is worth revisiting. If the client pays...

Murkiness on same-sex marriage clouds benefits issue.(Gay and Lesbian Advocates and Defenders's Karen L. Loewy)(Interview)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff KAREN L. LOEWY, Born: Oct. 19, 1974; Flushing, N.Y., Education: Fordham University School of Law (2000); Brandeis University (1996) Professional experience: Staff attorney, Gay and Lesbian Advocates...

U.S. District Court rules computer files suggesting tax evasion inadmissible.(United States v. Stierhoff)
March 26, 2007... Byline: Eric T. Berkman A defendant's consent to search one folder in his computer for evidence of stalking activity did not give police the authority to search another folder in the same directory for evidence of tax evasion, a U.S....

1st U.S. Circuit Court of Appeals rules forfeiture action against alleged drug dealer OK.(United States v. 6 Fox Street, Windham, New Hampshire)
March 26, 2007... Byline: David E. Frank The federal government's forfeiture action against a suspected drug dealer was not time-barred even though the criminal activities occurred in the 1980s, the 1st U.S. Circuit Court of Appeals has ruled. The...

R.I. Superior Court issues judge assignments.(Rhode Island)(List)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2007-4 RE: ASSIGNMENTS -- THIRD PERIOD April 1, 2007 through June 30,...

R.I. Supreme Court Case Summaries: March 26, 2007.(Labedz v. State)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Negligence Recreational Use Statute - State-owned beach Where a plaintiff fractured her wrist when she fell on a concrete path at a state-owned beach, the plaintiff cannot recover damages...

R.I. Supreme Court Ethics Advisory Panel Case Summaries: March 26, 2007.
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff Attorneys Expert fee - Interest Where an attorney has paid an expert's fee on a client's behalf and has not yet been reimbursed by the client, it is our opinion that he may charge the...

Expert Opinion.(Dennis R. Anti)(Interview)
March 26, 2007... Byline: Rhode Island Lawyers Weekly Staff In Expert Opinion, Lawyers Weekly interviews specialists in the management of law firms. This week, reporter Noah Schaffer speaks with Springfield, Mass., attorney Dennis R. Anti about an innovative...

Commentary: Harvard prof, former judge expounds, opines on liberty.('Modern Liberty and the Limits of Government')(Charles Fried)(Book review)
March 26, 2007... Byline: Sonya Garza "Modern Liberty and the Limits of Government" By Charles Fried, W.W. Norton & Co., 2006224 pages; $24.95 In "Modern Liberty and the Limits of Government," Harvard Law School Professor and former Massachusetts...