Rhode Island Lawyers Weekly articles from March 2008

Rhode Island Lawyers Weekly archives from March 2008

1st U.S. Circuit Court of Appeals rules state troopers are liable for warrantless entry of home.
March 3, 2008... Byline: Thomas E. Egan A homeowner could hold state troopers liable for violating his civil rights when they entered his home without a warrant while conducting a "controlled delivery" of a suspicious UPS package, the 1st U.S. Circuit...

1st Circuit: variance in sentencing does not require advance notice.
March 3, 2008... Byline: Eric T. Berkman A U.S. District Court judge was not required to notify a criminal defendant before imposing a sentence outside the recommended guideline range, the 1st U.S. Circuit Court of Appeals has ruled in a 3-2 en banc...

Station in West Warwick settlements raise issues with new law.(Interview)
March 3, 2008... Byline: Rhode Island Lawyers Weekly Staff In recent months there have been reports of a steady number of defendants in the civil cases arising out of the Station nightclub fire reaching settlement agreements. Last month, radio giant...

R.I. Supreme Court Case Summaries: March 3, 2008.(Rhode Island)
March 3, 2008... Byline: Rhode Island Lawyers Weekly Staff Contract Change order request Where (1) the plaintiff filed an action for breach of contract based on the defendants' refusal to honor a change order request and (2) a judge awarded the...

R.I. State Ethics Commission Case Summaries: March 3, 2008.(Rhode Island)(Brief article)
March 3, 2008... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Planning board member - Proposed ordinance amendments Where the petitioner serves as a member of the Tiverton Planning Board, it is our opinion that she is not...

R.I. Superior Court Case Summaries: March 3, 2008.(Rhode Island)
March 3, 2008... Byline: Rhode Island Lawyers Weekly Staff Real property Partition - Home Where a plaintiff has filed an action seeking to partition a home she co-owns with her brother (the defendant), the request should be allowed based on a...

1st U.S. Circuit Court of Appeals Case Summaries: March 3, 2008.
March 3, 2008... Byline: Rhode Island Lawyers Weekly Staff Administrative Bureau of Prisons - Rulemaking Where the Bureau of Prisons has, through rulemaking, denied placement in a community corrections center to all prisoners during the first 90...

U.S. Supreme Court Case Summaries: March 3, 2008:.(United States)
March 3, 2008... Byline: Rhode Island Lawyers Weekly Staff Administrative Preemption - Medical device State law common law claims challenging the safety and effectiveness of a medical device that received pre-market approval from the FDA are...

Commentary: Are you afraid of ghosts?(ghostwriting)
March 3, 2008... Byline: Edward Poll Few, if any, of us today expect politicians to write their own speeches or CEOs to write their own shareholder letters. Ghostwriting is a fact of modern communication. But where does that leave lawyers, who are trained...

Expert Opinion: Clothes that make the lawyer.(Gretchen Neels)(Interview)
March 3, 2008... Byline: Rhode Island Lawyers Weekly Staff For years, the business-casual dress code has been an acceptable standard of attire at law firms across the country. But a tightening economy and a younger generation of lawyers inclined to wearing...

Mass. woman wants to sue her hairdresser.
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff A hairy experience might be one way to describe the plight of a woman unable to find an attorney to represent her in a claim involving her tresses. The woman contends that her hairdresser...

Roger Williams University School of Law students participate in "Supreme Semester".
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff To get a glimpse of the inner workings of the U.S. Supreme Court, most people have to travel to Washington, D.C. But, for the students at Roger Williams University School of Law and some members of...

Rhode Island judiciary officials critical of pension plan.(Brief article)
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Testifying before the House Finance Committee, Rhode Island judiciary officials detailed for lawmakers what the officials say would be the crippling effect of the governor's plan to slash judicial...

Rhode Island legislation takes on illegal immigration.(Brief article)
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Proponents of a new legislative platform promoting "racial and economic equality for every Rhode Islander" say they want to end a "climate of fear" against immigrants, whether they are in the...

Gov seeks limit at Rhode Island Training School.(Governor Donald L. Carcieri)(Brief article)
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Gov. Donald L. Carcieri has proposed capping the number of teens incarcerated at the Rhode Island Training School. The governor's plan calls for dozens of offenders to be diverted from the...

U.S. magistrate judge says worker can sue for interest on pension delayed 31 years.
March 10, 2008... Byline: Eric T. Berkman A worker who received a retroactive pension from his union pension fund 31 years after he was permanently disabled on the job could bring an action under ERISA for interest accrued over that period, a U.S....

Superior Court judge says DHS wrongfully denies sick tot medical benefits.(Department of Human Services)
March 10, 2008... Byline: Thomas E. Egan A state hearing officer's decision denying medical assistance to a girl with spina bifida must be reversed based on a prior ruling in favor of a different child with the same medical condition, a Superior Court judge...

Q&A with Superior Court Judge Danial A. Procaccini.(Interview)
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff A ruling last month by Superior Court Judge Daniel A. Procaccini in the so-called gap kids case attracted wide public attention for leaving with the Family Court original jurisdiction over...

R.I. Supreme Court Case Summaries: March 10, 2008.(Brief article)
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal Cross-examination - Re-argument Where a defendant's felony assault conviction was vacated on the ground that defense counsel was improperly restricted in cross-examining the...

Rhode Island Superior Courts Case Summaries: March 10, 2008.
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Social services Medical assistance - Inconsistencies Where a plaintiff, on behalf of his daughter, appeals from a decision of a hearing officer of the Rhode Island Department of Human...

1st U.S. Circuit Court Of Appeals Case Summaries: March 10, 2008.
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Appeals En banc rehearing - Airline passenger Where a three-judge panel of this court entered judgment for a defendant airline in a civil rights suit brought by a plaintiff who was ejected...

U.S. Magistrate Judges Case Summaries: March 10, 2008.
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Evidence Subpoenas - Motion to quash Where plaintiffs have served subpoenas to compel the testimony of the defendant Providence mayor and codefendant police chief in a civil suit, the...

U.S. Supreme Court Case Summaries: March 10, 2008.
March 10, 2008... Byline: Rhode Island Lawyers Weekly Staff Employment Testimony - Managers Testimony about alleged age discrimination by company managers who supervised other employees, but not the plaintiff, may be admissible in an age...

Commentary: The importance of family protection trusts for seniors.
March 10, 2008... Byline: Harry S. Margolis While much of elder law involves planning to protect seniors, their spouses and their estates from the costs of long-term care, that is hardly the only concern that older clients have with regard to estate...

Money or justice: must we choose?
March 17, 2008... Byline: Edward Poll I firmly believe, and have often written, that a lawyer must make an adequate living at his practice before making a meaningful pro bono effort. Two recent articles in California's legal press set parameters on what...

Commentary: Concise interviewing techniques for 'transitioning' attorneys.
March 17, 2008... Byline: Randolph L. Stevens An effective "Three C" story (for circumstance, conduct and conclusion) presents a scenario in which the interviewer can identify with the challenges you faced in considering your circumstances and conduct. ...

Commentary: Pitching your practice should be elevating experience.
March 17, 2008... Byline: Lisa Meyer "What do you do?" In most cases, the question is simply a polite way of getting a conversation going and not a request for your resume. It is also your opportunity, with your reply, to make a strong first impression...

Federal litigators say $10M penalty against counsel in Boston patent case a 'wake-up call'.
March 17, 2008... Byline: David E. Frank Federal litigators say that a $10 million penalty imposed on a company and its Washington, D.C., defense lawyers in a recently concluded patent trial in Boston should serve as a reminder of the serious consequences...

U.S. Circuit Court of Appeals grants father the return of children to Germany.
March 17, 2008... Byline: Eric T. Berkman A father who had been granted joint custody of his sons in a German court was entitled to have the boys returned to Germany after his American wife fled with them to Rhode Island, the 1st U.S. Circuit Court of...

R.I. Superior Court judge rules retired officer can't get counsel fees under state's EAJ Act.(Rhode Island)(Jeffrey A. Lanphear)(Equal Access to Justice Act)
March 17, 2008... Byline: Matthew C. Harper-Nixon A retired police officer could not receive counsel fees under the Equal Access to Justice Act where the actions of the agency settling his underlying claim for the payment of medical bills were substantially...

Order on structured settlement proceeds is issued by Rhode Island court.
March 17, 2008... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2008-03 RE: ASSIGNMENT OF APPLICATIONS FOR COURT APPROVAL OF TRANSER OF...

Rhode Island State Ethics Commission Case Summaries: March 17, 2008.(Brief article)
March 17, 2008... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Building official - Contracting work Where a petitioner is the Little Compton building official, it is our opinion that he is permitted by the State Code of Ethics to...

Rhode Island Superior Court Case Summaries: March 17, 2008.(Case overview)
March 17, 2008... Byline: Rhode Island Lawyers Weekly Staff Retirement Post-retirement claim - Settlement - Counsel fees Where (1) the plaintiff, a retired police officer, filed a complaint seeking the payment of post-retirement medical expenses...

1st U.S. Circuit Court of Appeals Case Summaries: March 17, 2008.
March 17, 2008... Byline: Rhode Island Lawyers Weekly Staff Civil rights Gender discrimination - Retaliation Where (1) a plaintiff Deputy U.S. Marshal, brought suit alleging that the defendant, then the U.S. Marshal for the District of...

U.S. Magistrate Judges Case Summaries: March 17, 2008.(Brief article)
March 17, 2008... Byline: Rhode Island Lawyers Weekly Staff Habeas corpus Convicted murderer Where a plaintiff convicted of murder and other crimes has filed a petition for a writ of habeas corpus, I find that his petition should be denied and...

Mass. Workers' Compensation Court Case Summaries: March 17, 2008.(Massachusetts)(Brief article)
March 17, 2008... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Benefit discontinuance Where an employee has appealed a trial judge's decision effectively discontinuing the employee's workers' compensation benefits, we hold that...

Rhode Island Lawyers in the News: March 17, 2008.(Brief article)
March 17, 2008... Byline: Rhode Island Lawyers Weekly Staff New associations John L. Calcagni III has joined Vincent D. Morgera, Attorneys At Law, in Providence. Honors Michael A. Gamboli, David M. Gilden, Jeffrey H. Gladstone, James H. Hahn,...

1st U.S. Circuit Court of Appeals says consumer's rights not violated by unsolicited offer of credit.(Case overview)
March 31, 2008... Byline: Matthew C. Harper-Nixon A form letter offering credit for a home loan satisfied the "firm offer" provision of the Fair Credit Reporting Act even though the letter did not list all the terms of the loan, the 1st U.S. Circuit Court...

Revocation of zoning certificate not civil rights violation, U.S. District Court judge decides.(Case overview)
March 31, 2008... Byline: Eric T. Berkman The city of Pawtucket did not violate the constitutional rights of a plaintiff by issuing and subsequently revoking a certificate of zoning compliance for the plaintiff's refuse transfer station, a U.S. District...

Q&A with Mark W. Gemma, president of Rhode Island Association for Justice.(Interview)
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Mark W. Gemma was not concerned when the California-based research company Pacific Research Institute named Rhode Island as the state with the worst tort laws in the country. As president of...

NewsMakers.(Adler, Pollock & Sheehan's Gregory D. Chafee )(Brief article)
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff New associations Gregory D. Chafee has joined Adler, Pollock & Sheehan in Providence.

R.I. District Courts Case Summaries: March 31, 2008.(Rhode Island )
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Employment 'Call-in' requirement Where an unemployed substitute teacher failed, for three weeks, to call in to the Tele-Serve system to indicate his availability for work, this rendered...

R.I. State Ethics Commission Case Summaries: March 31, 2008.(Rhode Island)
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest School committee - Union Where a Jamestown school committee member, who is also a teacher in Little Compton and a union member, wishes to know whether he may...

R.I. Superior Courts Case Summaries: March 31, 2008.(Rhode Island)(Case overview)
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal Post-conviction relief Where a plaintiff, who pled nolo contendere to two separate counts in 1992, now requests postconviction relief, I find that his request must be denied...

1st U.S. Circuit Court Of Appeals Case Summaries: March 31, 2008.
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Commercial Loan guaranty Where a defendant loan guarantor has challenged the validity of an award of summary judgment in favor of the plaintiff lender, the challenge must be rejected based...

U.S. District Court Case Summaries: March 31, 2008.
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Civil rights Planning dispute Where a plaintiff filed a civil rights complaint after a certificate of zoning compliance was revoked by the defendant city of Pawtucket, the city (and...

U.S. Supreme Court Case Summaries: March 31, 2008.(Brief article)
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Arbitration Court review Parties to a contract may not agree by their contract terms to broader court review of an arbitration agreement and thus go beyond what federal law allows. v....

R.I. Workers' Compensation Court Case Summaries: March 31, 2008.(Rhode Island )
March 31, 2008... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Credibility Where an application for workers' compensation benefits was denied, that order should be affirmed in light of the applicant's lack of credibility. ...

Commentary: To err in client matter is human; denying it may not be so divine.
March 31, 2008... Byline: William C. Saturley and Joseph S. Callanan Risk-Free Business is an occasional feature intended as a guide for lawyers on the topic of professional liability insurance. There is no stomach-churning sensation like the one you get...

Got 'the billable-hour blues'?(Dan Klau's latest sound recording)(Column)
March 31, 2008... Byline: Edward Poll Coach's Corner Dan Klau is a successful New England lawyer who has found a personal outlet by recording "The Billable Hour Blues," a CD of humorous songs and parodies that relate to being a lawyer. The title track...