Rhode Island Lawyers Weekly articles from May 2005

Rhode Island Lawyers Weekly archives from May 2005

RI Supreme Court rules bicyclist can sue state for unsafe roadway.
May 2, 2005... Byline: Jason M. Scally A bicyclist could sue the state for failing to maintain a safe public roadway where she suffered injures after a wheel on her bike got caught in a parallel-bar sewer grate, the Rhode Island Supreme Court has ruled....

RI Supreme Court rules homeowner had duty to protect guest hurt at party.(Rhode Island)
May 2, 2005... Byline: Tony Wright A house guest at a graduation party could sue the homeowner for negligence where he was severely beaten by other partygoers, the Rhode Island Supreme Court has ruled. The defendant argued that a homeowner has no...

RI Trial Lawyers Assn. leader faces ambitious legislative agenda.(Rhode Island)(Interview)
May 2, 2005... Byline: Lisa Bruno As the state's General Assembly kicks into high gear before the end of the legislative session, Joyce A. Faraone is facing the most demanding two months of her tenure as president of the Rhode Island Trial Lawyers...

RI Supreme Court appoints Lise Iwon to Committee on Character and Fitness.(Brief Article)
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re: Committee on Character and Fitness ORDER In accordance with the provision of Article II, Rule 3 of the Supreme Court rules, Lise E. Iwon, Esq. is hereby appointed...

Rhode Island Courts to suspend calendars on June 10.
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT No. 2005-03 EXECUTIVE ORDER Pursuant to the authority granted to the Chief Justice under Section 8-15-2 of the General Laws of the State of Rhode Island 1956 (1985...

U.S. Supreme Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Previous Conviction - Foreign Court Where a criminal defendant is prosecuted for a crime that requires a previous "conviction in any court," only previous domestic convictions are...

1st U.S. Circuit Court of Appeals Case Summaries: May 2, 2005.
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Rights False Arrest - DNA Where a plaintiff filed a 42 U.S.C. Sect. 1983 action after being arrested as a murder suspect, an award of summary judgment in favor of a defendant state...

U.S. District Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff Insurance Disability Benefits - Exhaustion Of Remedies Where a plaintiff has bought suit against a defendant insurance company, claiming that the defendant improperly denied her claim for...

U.S. Bankruptcy Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Untimely Complaint - Excusable Neglect Where a creditor filed an adversary complaint objecting to the debtor's discharge, the complaint was correctly dismissed as untimely. ...

R.I. Supreme Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion To Intervene Where a woman client, who claims that a defendant attorney wrongfully withheld funds from her, moved to intervene in an action filed against the attorney...

RI Superior Court Case Summaries: May 2, 2005.
May 2, 2005... Byline: Rhode Island Lawyers Weekly Staff Arbitration Threats Of Violence - Termination - Reinstatement Where (1) an employee was terminated by his employer for making a series of threats of violence directed at his supervisors...

RI Supreme Court rules shopping cart injury required expert proof.(Rhode Island)
May 9, 2005... Byline: Jason M. Scally A man injured by a shopping cart could not pursue a products liability lawsuit against the manufacturer without providing expert testimony, the Rhode Island Supreme Court has held. After having his case...

Debtor's bankruptcy claim nixed by bad faith rules 1st Circuit Bankruptcy Appellate Panel.
May 9, 2005... Byline: Lisa K. Bruno A debtor's Chapter 13 bankruptcy could be dismissed where the debtor's history of bankruptcy petitions and dismissals indicated that the filing was not made in good faith, but rather to defeat state court litigation,...

Lawyer helps NYC-based firm branch out in R.I.(David K. Duffell of Weil, Gotshal and Manges LLP)(Interview)
May 9, 2005... Byline: Natalie Herron Local attorney David K. Duffell recently helped international law firm Weil, Gotshal & Manges open its 10th U.S. office in Rhode Island. According to Duffell, the Providence branch office will be a good fit for...

U.S. Supreme Court Case Summaries: May 9, 2005.
May 9, 2005... Byline: Rhode Island Lawyers Weekly Staff Habeas Corpus Limitations - Tolling The one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act cannot be tolled for a petitioner who did not properly file his...

1st U.S. Circuit Court Of Appeals Case Summaries: May 9, 2005.
May 9, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Police - Excessive Force Where a defendant police officer was held liable for failing to intervene while a plaintiff teenager received a beating at the hands of one of the...

U.S. District Court Case Summaries: May 9, 2005.
May 9, 2005... Byline: Rhode Island Lawyers Weekly Staff Commercial Customized Merchandise - Damages Where a plaintiff has filed a motion for a new trial, the motion should be denied because the jury instructions were not flawed and the court...

U.S. Bankruptcy Court Case Summaries: May 9, 2005.
May 9, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Chapter 13 - Dismissal - Bad Faith Where a debtor, against whom a judgment was obtained in Superior Court, filed a Chapter 13 petition, that petition must be dismissed in light...

R.I. Supreme Court Case Summaries: May 9, 2005.
May 9, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Affidavit - Legal Malpractice Claim Where an attorney was awarded summary judgment in a legal malpractice action filed by a former client, the judgment should be affirmed...

RI Superior Court Case Summaries: May 9, 2005.
May 9, 2005... Byline: Rhode Island Lawyers Weekly Staff Licenses And Permits Commercial Fishing Where the Department of Environmental Management denied an applicant's request for commercial fishing license "with certain finfish and shellfish...

RI State Ethics Commission Case Summaries: May 9, 2005.
May 9, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Town Councilor - Proposed Tax Freeze Ordinance Where the petitioner is an Exeter town councilor, it is our opinion that the State Code of Ethics would allow him to...

U.S. District Court judge rules lawsuit triggers accrual of prejudgment interest.
May 16, 2005... Byline: Lisa K. Bruno An employee who was awarded damages in a breach-of-contract claim was entitled to prejudgment interest from the date he filed suit not the date his "transition agreement" was signed where the onset of his damages...

Warwick lawyer takes on City of Woonsocket, Wal-Mart - and wins.(John C. Revens)(Interview)
May 16, 2005... Byline: Natalie Herron Many Woonsocket residents were less than pleased to discover retail giant Wal-Mart was planning to build an 85,000-square-foot addition on a six-acre parcel of land owned by the city. But when they learned the...

1st U.S. Circuit Court of Appeals Case Summaries: May 16, 2005.
May 16, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Sheriff's Department Employee - Political Discrimination - Due Process Where a plaintiff has filed suit alleging that his support for the defendant sheriff's most recent...

U.S. District Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: Rhode Island Lawyers Weekly Staff Damages Prejudgment Interest - Breach Of Contract Where a jury awarded a plaintiff $758,277 in damages on a breach of contract claim, the plaintiff should be awarded prejudgment interest...

U.S. Bankruptcy Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy In Forma Pauperis - Frivolous Appeal Where a debtor seeks leave to proceed in forma pauperis in connection with an appeal of a U.S. Bankruptcy Court order, the request should be...

RI Superior Court judge rules city cannot retroactively reduce COLA for workers.
May 16, 2005... Byline: Jason M. Scally A municipal board could not use a 1995 city ordinance to reduce the cost-of-living adjustment benefit for former firefighters and police officers who retired prior to 1995, a Superior Court judge has found. In a...

U.S. Magistrate Judges Case Summaries: May 16, 2005.
May 16, 2005... Byline: Rhode Island Lawyers Weekly Staff Copyright Infringement - Sound Recordings Where (1) the plaintiff owners of copyrighted sound recordings filed suit against a Rhode Island defendant who allegedly infringed their...

R.I. Supreme Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation Revocation Where a defendant has appealed a Superior Court judgment revoking four previously suspended sentences and sentencing him to serve eight years at the Adult...

R. I. Superior Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: Rhode Island Lawyers Weekly Staff Agency And Partnership Liquor Store - Fiduciary Duty Where the plaintiff, a partner in a liquor store venture, brought suit against a defendant partner and a codefendant who sold his shares...

R.I. State Ethics Commission Case Summaries: May 16, 2005.
May 16, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest School Committee Member - Teachers' Contract Where the petitioner is a member of the Bristol Warren Regional School Committee, it is our opinion that he is permitted by...

RI Supreme Court finds conveyance of property fraudulent.(Suburban Land Co.)
May 23, 2005... Byline: Jason M. Scally Sellers of commercial real estate could be held liable for more than just the return of the initial deposit where they entered into a purchase and sale agreement with a buyer without mentioning that the property had...

Commentary: Creating 'moving media' demonstrative evidence.
May 23, 2005... Byline: Steven V. Tringali If a picture is worth a thousand words, then "moving pictures" could well be worth millions. For many years, demonstrative evidence came in the form of charts/chalks, an occasional slide or overhead projector...

Weblogs grow as marketing tool for lawyers.
May 23, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). Robert W. Doyle Jr., a partner in Shepherd Mullin's antitrust and trade regulation practice group in...

Commentary: 'Metadata': Buried artifacts in your documents.
May 23, 2005... Byline: Bruce L. Dorner Our paper documents are a legal treasure chest. Not only do they contain pearls of legal wisdom to be shared with our clients, but they also include buried artifacts that may be both beneficial and harmful. These...

Boston trial lawyer enjoys time as lead singer of band.(Lynne Radiches)(Brief Article)
May 23, 2005... Byline: Massachusetts Lawyers Weekly Staff (This article originally ran in Massachusetts Lawyers Weekly, Boston, MA, another Dolan Media publication). Don't be surprised if the lead singer in the band at Mohegan Sun's Wolf Den looks...

Newton-based company, RPost, offers registered e-mail services.
May 23, 2005... Byline: Massachusetts Lawyers Weekly Staff Registered mail is so last year. These days, all the cool lawyers are turning to registered e-mail. Well, maybe not all the cool lawyers, but chances are it's only a matter of time before...

U.S. Supreme Court Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Commercial Wine Sales States may not prevent outside wineries from shipping directly to customers. Granholm v. Heald (Lawyers Weekly USA No. 9930743) (Kennedy, J.) (Stevens, J.,...

1st U.S. Circuit Court Of Appeals Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Appeals En Banc Review - Senior Circuit Judge Where a petition for rehearing en banc has been granted, a senior judge who was on the panel that first heard the appeal should be permitted...

U.S. District Court Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Class Certification Where plaintiffs (1) allege that a defendant corporation has engaged in securities fraud and (2) seek to be certified as class representatives for a...

U.S. Magistrate Judges Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Dismissal - Disability Benefit Claim Where (1) the defendant Commissioner of Social Security asserts that all Social Security disability benefits and attorney's fees sought...

R.I. Supreme Court Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Appeals Standing - Justiciability - Judicial Removal Where (1) a complaint has been filed in Superior Court alleging that the defendant Chief Justice of the Rhode Island Supreme has vacated...

Superior Court Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Arbitration School Committee - Assistant Principal Where a union has filed a grievance on behalf of a teacher who unsuccessfully applied for a position as assistant principal, the...

Human Rights Commission Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Landlord And Tenant Housing Discrimination - Harassment Where a tenant has filed a complaint charging a landlord with discrimination and harassment, the complaint must be dismissed because...

Workers' Compensation Court Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation 'Going And Coming' Rule - Highway Accident Where, (1) on his way to work, a laborer stopped his vehicle in the high speed lane of Route 95 while waiting for a pickup...

Commissioner of Education Case Summaries: May 23, 2005.
May 23, 2005... Byline: Rhode Island Lawyers Weekly Staff Education Physical Restraint - Behavior Management Plan Where evidence indicates that a student was subjected to an inappropriate physical restraint/behavior intervention, we will order...

Mistress can't sue over promise of support, 1st Circuit Court of Appeals rules.(Norton v. McOsker)
May 30, 2005... Byline: Jason M. Scally A woman involved in an adulterous affair could not seek economic recovery against the man's estate for alleged promises of support that were made during their 23-year relationship, the 1st U.S. Circuit Court of...

E-mail notice insufficient to compel arbitration, 1st U.S. Circuit rules.
May 30, 2005... Byline: Lisa K. Bruno An employer that disseminated a dispute-resolution policy by e-mail could not compel an employee to arbitrate his handicap discrimination claim where the e-mail was insufficient to warn employees of the contractually...

Providence lawyer wins rare motion for new med-mal trial.(Interview)
May 30, 2005... Byline: Tony Wright Providence attorney Stephen P. Sheehan felt he had built a solid medical-malpractice case against a doctor who he believed failed to properly diagnose and treat his young client's congenital hip dysplasia. ...

Rhode Island Lawyers in the News: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff New Associations Zachary G. Darrow and Eric R. Everett have joined Burns & Levinson as partners in the real-estate group. Darrow focuses his practice on leasing, transactional (acquisition and...

U.S. Supreme Court Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Capital Punishment - Foreign Citizen The U.S. Supreme Court has declined to decide whether a foreign citizen sentenced to death should be granted a certificate of appeal based on...

1st U.S. Circuit Court of Appeals Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Arbitration Employer - E- Mail Notice Where (1) a plaintiff filed suit charging the defendant employer with handicap discrimination and (2) the defendant moved to compel arbitration, the...

U.S. District Court Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Jurisdiction Anticipatory Filing - Insurance Dispute Where (1) a plaintiff filed suit against the corporate parent of a provider of infant photography services, (2) after the corporation's...

U.S. Magistrate Judges Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion To Amend - Discovery Schedule Where the plaintiffs in a securities fraud action have moved to amend the discovery schedule and the defendants have moved to close the...

R.I. Supreme Court Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Reinstatement Where (1) on June 25, 2003, an attorney was suspended from the practice of law in Rhode Island for two years and (2) on Feb. 18, 2005, the attorney petitioned for...

Superior Court Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion For Further Discovery Where defendants have moved for leave to take further property specific discovery, I find their motion to lack good cause and therefore will...

Workers' Compensation Court Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Benefit Reduction Where an employer is seeking to reduce an employee's workers' compensation benefits by 30 percent, we hold that the employer's request should be...

State Ethics Commission Case Summaries: May 30, 2005.
May 30, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest City Council Members - Firefighters' And Municipal Employees' Contracts Where (1) the petitioner is a Newport city council member, (2) her father is a retired Newport...