Rhode Island Lawyers Weekly articles from May 2003

Rhode Island Lawyers Weekly archives from May 2003

Rhode Island Supreme Court Case Summaries: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Child Molestation - Videotaped Testimony By Child Where a defendant, who was convicted of first-degree sexual assault and other crimes, applied for post-conviction relief, a judge...

Rhode Island Superior Court Case Summaries: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional Mechanics' Lien Statute - Due Process Where petitioners seek to enforce mechanics' liens against the respondent property owners, judgment cannot enter in their favor, as the...

Rhode Island Superior Court Judge Denies Mechanic's Lien Despite Work By Contractor.
May 5, 2003... Byline: Jason M. Scally Real estate contractors should not have been allowed to obtain a mechanic's lien against the property owners who hired them -- even where they claimed the property owners owed them money for work performed, a...

Rhode Island District Court Case Summaries: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff Unemployment Compensation Failure To Accept Offer Of Suitable Work Where evidence indicates that an employee (1) lost her job when the restaurant she was working at closed and (2)...

U.S. District Court Case Summaries: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff Social Services Disability Benefits - Hypothetical Question Where an employee has challenged a decision denying him social security disability benefits, I find that a remand must be...

U.S. Bankruptcy Court Case Summaries: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Disqualification - Bankruptcy Where a plaintiff's attorney has moved for sanctions, arguing that the defendant debtor's earlier motion to disqualify the attorney lacked any...

Providence Lawyer Wraps Up Decade-Long Case.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff On April 15, the Rhode Island Supreme Court issued a 38-page decision in Kurczy v. St. Joseph Veterans Association, Inc., closing the final chapter in a case that began with a tragic accident at a...

Rhode Island Superior Court Judge Lanphear's Assignments: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, S.C. SUPERIOR COURT ADMINISTRATIVE ORDER NO. 2003-7 RE: AMENDMENT TO ADMINISTRATIVE ORDER NO. 2003-5 ASSIGNMENTS...

Verdicts & Settlements May 5, 2003: R.I. Jury Awards $167K For Failure To Post Warning Signs.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff On March 11, 2001, the plaintiff, a 54-year-old female, drove to the defendant store in Cumberland to go shopping. At the time, the defendant store was in the process of store closings and was...

1st U.S. Circuit Court Of Appeals Rules Corporation Liable For Not Disclosing Future Sale.
May 5, 2003... Byline: Correy E. Stephenson Officers and directors of a close corporation could be held liable for redeeming minority shareholders' stock without informing them of a potential sale of the company that ultimately transpired 16 months...

Rhode Island Lawyers In The News: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff New Associations Hinckley, Allen & Snyder has hired Daniel M. McCarthy as a partner; John J. Bolton as of counsel; and Jane Biondi, Mia A. Caetano, Jason B. Daly, Jeffrey B. Groshek, Rebbecca...

U.S. Court of Appeals 1st Circuit Case Summaries: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff Corporate Close Corporation - Fiduciary Duty - Disclosure Where (1) a closely-held family corporation, 16 months after redeeming the stock of the plaintiff minority shareholders, sold the...

U.S. Magistrate Judges Case Summaries: May 5, 2003.
May 5, 2003... Byline: Rhode Island Lawyers Weekly Staff Employment Discrimination - USPS - Supervisory Defendants - Punitive Damages Where the plaintiff, a former employee of the United States Postal Service, has filed suit charging the...

The Latest On Tort Reform.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Doctors continue to make noise about the troubling rise in medical-malpractice premiums and the need for a cap on pain-and-suffering damages in cases against M.D.s Physicians in certain...

Bar Welcomes New Rhode Island Supreme Court Justice.
May 12, 2003... Byline: Correy E. Stephenson FRANCIS X. FLAHERTY, Warwick Born: Jan. 8, 1947; Providence Education: Suffolk University Law School, 1975; Providence College, 1968 Bar admission: 1975 Professional experience: Flaherty,...

Rhode Island District Court Judge Rules Breath-Test Charge OK.
May 12, 2003... Byline: Jason M. Scally Police officers were justified in charging a driver with refusing to take an alcohol breath test where they observed that the driver was speeding, had alcohol on his breath, was slurring his speech and admitted that...

U.S. District Court Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Police - Pepper Spray Where a plaintiff, whose son was shot to death by police officers, seeks relief under 42 U.S.C. Sect. 1983 on the theory that the defendant officers' use...

U.S. Magistrate Judges Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Patent And Trademark Infringement - False Advertising Where a plaintiff holder of a trademark has filed suit against the defendant under the Lanham Act, a motion for summary judgment filed...

Rhode Island Commissioner of Education Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Where a petitioner sought a life certificate as a Reading Specialist/Consultant, that request must be denied, as the Board of Regents regulations no longer provide for such certificates and the...

U.S. Supreme Court Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Magistrate - Consent A party to a civil case can impliedly consent to a trial before a magistrate through the party's conduct during litigation. Roell v. Withrow...

Rhode Island Ethics Commission Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Water Resources Board Staff Director - Future Employment Where the petitioner is the Staff Director for the Rhode Island Water Resources Board, it is our opinion that,...

Rhode Island Superior Court Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Social Services Denial Of Medical Assistance Benefits Where the defendant Department of Human Services has denied medical assistance benefits to the plaintiff, a 50-year-old woman suffering...

Experts Answer Some Common Technology Questions.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Ask the Experts is a regular feature of Lawyers Weekly's Online Forum. The following questions and answers were taken from an installment focusing on technology. The questions came from members...

Commentary: A Few Tech Tips Acquired Over The Years.
May 12, 2003... Byline: Bruce L. Dorner It's the little things that make the most difference. Just ask your spouse. The same holds true for computers. Knowing the little tweaks and adjustments that improve your relationship with the mechanical beast can...

Commetary: Attorneys E-Raged: My Anti-E-Mail Manifesto.
May 12, 2003... Byline: David L. Yas E-mail. Once an innovation, now an aggravation. Once a covenience, now a nuisance. Please don't tell me that e-mail has made your professional life more efficient and that you can't remember life without it. I...

U.S. District Court Judge Denies Civil-Rights Claim For Shooting Victim.
May 12, 2003... Byline: John O. Cunningham A plaintiff could not bring a civil-rights suit against police officers who shot her son to death without evidence that they acted unreasonably under the circumstances, a U.S. District Court judge has ruled. ...

Rhode Island District Court Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Motor Vehicles Drunk Driving - Chemical Test Where a Traffic Tribunal hearing judge found that a defendant motorist violated the traffic laws by refusing to submit to a chemical test, that...

U.S. Court of Appeals 1st Circuit Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Police Dog - 42 U.S.C. Sect. 1983 Where a jury returned a verdict in favor of a plaintiff who was bitten by a police dog while attempting to flee from the defendant officer...

Rhode Island Workers' Compensation Court Case Summaries: May 12, 2003.
May 12, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Benefit Denial - Shoulder Problem Where a trial judge has denied an employee petitioner's application for workers' compensation benefits, that decision will be...

Rhode Island District Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Motor Vehicles Refusal To Submit To Chemical Test Where a trial magistrate and the Appellate Panel of the Traffic Tribunal have found an appellant guilty of refusing to submit to a...

U.S. Bankruptcy Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Refinancing - Amended Chapter 13 Plan Where (1) a Chapter 13 debtor moved for court permission to refinance her home and (2) the bankruptcy court allowed the motion but ordered...

U.S. District Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Admiralty Maintenance And Cure - Maximum Medical Improvement Where a defendant vessel owner seeks to terminate maintenance and cure benefits for a plaintiff who was injured while aboard the...

Rhode Island Superior Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Disqualification Motion Where plaintiffs, having filed suit against a defendant condominium association, have moved to disqualify the law firm representing the defendant, the...

U.S. Magistrate Judges Case Summaries: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Access To Municipal Records Where a plaintiff filed a federal civil rights action against defendant town officials who allegedly have withheld town records from him, the...

Rhode Island Workers' Compensation Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Apportionment - Carpal Tunnel Syndrome Where (1) a judge found one employer 55 percent responsible for an employee's carpal tunnel syndrome and another employer 37...

Rhode Island Supreme Court Orders: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 2001-632-M.P. (KM/01-946) Carl G. Carlson, et al.v. Ian T. Bedford, et al. ORDER This petition for certiorari came before the court for oral argument...

New Rhode Island Court Leader Well Armed For Job.
May 19, 2003... Byline: Jeanne Greeley With a military background and a resume stacked with Pentagon positions, Thomas G. Bowman might be the last person you'd expect to take the reins as Rhode Island state court administrator -- especially since...

Rhode Island Supreme Court Denies Suit For Promise Made In Insurance Brochure.
May 19, 2003... Byline: John O. Cunningham A life-insurance policyholder was not entitled to benefits she felt were due based on promises made by her carrier in correspondence designed to retain her as a client -- but not in the policy itself, the Rhode...

Rhode Island Supreme Court Rules Mother Is Liable After Her Son Kills Neighbor.
May 19, 2003... Byline: Bainbridge D. Testa A homeowner whose mentally ill son kept guns on her property was liable for the wrongful death of her neighbor after he was shot to death by the son, the Rhode Island Supreme Court has ruled. A Superior...

Rhode Island Supreme Court Case Summaries: May 19, 2003.
May 19, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation Violation - Motion For Sentence Reduction Where (1) a defendant was found guilty of violating the terms and conditions of his probation, (2) the court imposed seven years...

Rhode Island Superior Court Case Summaries: May 26, 2003.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff Zoning Day- Care Center Where the defendant North Smithfield zoning board upheld a ruling by the local zoning official allowing use of a certain piece of property as a day-care center, the...

U.S. Court of Appeals 1st Circuit Case Summaries: May 26, 2003.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Property Of Estate - Reimbursement Where money is due a bankrupt internet service provider under the Telecommunications Act, those funds cannot be considered part of the...

U.S. District Court Case Summaries: May 26, 2003.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff Administrative Fishing Regulations - Best Evidence Where a plaintiff has challenged federal regulations respecting tilefish, those regulations must be declared invalid in that their...

U.S. Supreme Court Case Summaries: May 26, 2003.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Settlement - Dispute Between States A final settlement stipulation in a dispute between states over groundwater is approved. State of Kansas v. States of Nebraska and...

Rhode Island Lawyers In The News: May 26, 2003.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff New Associations Darryl J. Paquette has joined Montaquila & Summer in Providence as an associate. Paquette was formerly a staff attorney and policy specialist at Save The Bay in Providence and...

Rhode Island Supreme Court Case Summaries: May 26, 2003.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Preliminary Injunction - Dispute Between Neighbors Where a judge granted a plaintiff's request for a preliminary injunction against the defendant neighbor, the injunction...

Boston attorney represents Busta Rhymes over assault charges.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff Listen to Joseph S. Oteri rattle off some of his clients and you get a distinct image of the attorney chillin' in the back of a red Impala -- hydraulics pumping, fuzzy dice swinging from the rear...

1st U.S. Circuit Court Of Appeals Rules Judge Not Authorized To Redact Cause Of Death.
May 26, 2003... Byline: John O. Cunningham A judge hearing a medical-malpractice case could not redact a stated cause of death from a death certificate under the federal rules of evidence, the 1st U.S. Circuit Court of Appeals has found. The...

Rhode Island Supreme Court Denies Restraining Order In Neighbor Feud.
May 26, 2003... Byline: Sean F.W.J. Fowler A judge could not grant a man a restraining order against his neighbor based solely on the mutual hostilities shared between the two, the Rhode Island Supreme Court has held. Based upon the nature and...

Rhode Island college professor receives Grant in law at Germany University.
May 26, 2003... Byline: Rhode Island Lawyers Weekly Staff Edward J. Eberle just added another notch to his already impressive resume. The Roger Williams University School of Law professor has received a Fulbright Senior Specialist Grant in Law at the...

R.I. Supreme Court Rules 'New' Evidence Cannot Revive Bid For Uninsured Motorist Money.
May 26, 2003... Byline: Sean F.W.J. Fowler The estate of a man who died in a car accident could not challenge a denial of uninsured motorist benefits based upon newly found evidence that the car trip was for a business purpose, the Rhode Island Supreme...