Rhode Island Lawyers Weekly articles from May 2007

Rhode Island Lawyers Weekly archives from May 2007

R.I. Supreme Court Case Summaries: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Jurisdiction Personal - Work-related travel Where a Massachusetts plaintiff brought suit alleging that the defendant, also a Massachusetts resident, obtained incriminating information...

R.I. State Ethics Commission Case Summaries: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town councilor - Liquor license petition Where an individual is a Smithfield town councilor, it is our opinion that he would be allowed by the State Code of Ethics to...

Rhode Island Superior Courts Case Summaries: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Labor Unpaid wages - Mortgage commission Where the Department of Labor and Training has ordered an employer to compensate a former employee for unpaid wages, an appeal filed by the...

1st U.S. Circuit Court of Appeals Case Summaries: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Arbitration Appeal - Summary judgment Where a defendant company claims that a U.S. District Court judge, by ruling on a summary judgment motion, effectively denied the defendant's right to...

U.S. District Court Case Summaries: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Employment Discrimination - ADA - Total disability Where a totally disabled plaintiff has brought suit alleging that the defendant employer, by claiming that the plaintiff had received an...

U.S. Magistrate Judges Case Summaries: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil rights Unregistered vehicle - Towing Where a plaintiff, who filed suit after four defendant police officers allegedly caused his truck to be towed, now seeks a temporary restraining...

U.S. Supreme Court Case Summaries: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil rights High-speed chase A police officer's decision to ram a fleeing suspect's car to end a high-speed police chase did not violate the Fourth Amendment. Scott v. Harris...

Lalli joins Roger Williams Univ. School of Law in Bristol.(Lorraine Newton Lalli, Roger Williams University School of Law)(Brief article)
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Lorraine Newton Lalli has been named assistant dean of students at Roger Williams University School of Law.

R.I. Lawyers in the News: May 7, 2007.
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff David T. Riedel, managing partner at Tillinghast Licht in Providence, has been selected in the field of trusts and estates law for inclusion in the "Best Lawyers in America for 2007." Roger...

Commentary: How to use bonuses for rewarding staff.(Column)
May 7, 2007... Byline: Edward Poll A coaching client recently called me with a good problem. The office administrator of his firm was someone who, as the lawyer said, "takes more initiative than anyone I've ever had around here." That ranged from...

Commentary: Effective writing by lawyer essential for making a case.(Column)
May 7, 2007... Byline: Julie Baker and Lisa Healy Write On is a new, occasional feature providing guidance on writing memoranda and briefs that will lead to the results their authors -- attorneys -- are hoping for from readers of those legal documents....

Commentary: 'Fracture' flawed but holds lesson for lawyers.(Fracture - motion picture)(Movie review)
May 7, 2007... Byline: Noah Schaffer "Fracture" 112 minutes Rated R Now playing at local movie theaters * * * There seems to be no end to the public's appetite for legal thrillers that explore the often-dark corners of the criminal...

Search of attorney's house, files draws ire of criminal defense bar.
May 7, 2007... Byline: David E. Frank Angered over a recent search of a lawyer's Tiverton home during a homicide investigation, criminal defense attorneys are claiming the action by police violated the protections of the attorney-client privilege. ...

U.S. District Court rules worker's suit over benefits is blocked by Americans with Disabilities Act.
May 7, 2007... Byline: Jason M. Scally A totally disabled worker could not sue his former employer for discrimination under the Americans with Disabilities Act after the company claimed he received an overpayment of long-term disability benefits, a U.S....

R.I. Supreme Court rules out-of-state trucker can't be sued in Rhode Island.
May 7, 2007... Byline: Eric T. Berkman A Massachusetts truck driver could not be sued in Rhode Island for the alleged tortious dissemination in Massachusetts of incriminating photos that he spotted while making a delivery in Rhode Island, the state...

Revised Application for Admission to the RI Bar: May 7, 2007.(Rhode Island)
May 7, 2007... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re: Revised Application for Admission to the Rhode Island Bar ORDER The attached revised Petition/Questionnaire for Admission to the Rhode Island Bar is hereby...

R.I. Superior Court imposes sanctions for misrepresentations in pro hac vice petition.
May 14, 2007... Byline: Eric T. Berkman Representations made in a pro hac vice petition that were later contradicted by statements by attorneys in open court were grounds for sanctions under Rule 11, a Superior Court judge has found. One attorney, a...

R.I. Superior Court rules construction procurement regulation is invalid.
May 14, 2007... Byline: Jason M. Scally A state construction procurement regulation should be struck down where it fails to mention alternative methods for procuring state contracts as required under the State Purchases Act, a Superior Court judge has...

Chair of Family Court Bench-Bar Committee says R.I.'s failing grade in child advocacy off the mark.(Interview)
May 14, 2007... Byline: Rhode Island Lawyers Weekly Staff A child-advocacy group, First Star of Washington, D.C., last month ranked Rhode Island as one of 15 states deserving of failing grades for not requiring that children involved in abuse or neglect...

Rhode Island Superior Courts Case Summaries: May 14, 2007.
May 14, 2007... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. FRANCIS MARX, IV, ET AL v. JARED ROCHELEAU, ET AL C.A. NO. PC 05-6448 ADMINISTRATIVE ORDER NO....

R.I. Commissioner of Education Case Summaries: May 14, 2007.
May 14, 2007... Byline: Rhode Island Lawyers Weekly Staff Education Termination - Absence Where a tenured school nurse teacher has been fired, the termination order should be affirmed based on the teacher's extended unexcused absence from work....

R.I. Supreme Court Case Summaries: May 14, 2007.
May 14, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Postconviction relief Where a Superior Court judge summarily denied an individual's application for postconviction relief without giving the individual an opportunity to respond,...

R.I. Superior Court Case Summaries: May 14, 2007.
May 14, 2007... Byline: Rhode Island Lawyers Weekly Staff Attorneys Pro hac vice admission to practice - Sanctions Where a motion and petition have been filed seeking the pro hac vice admission of a certain out of state lawyer to represent a...

1st U.S. Circuit Court of Appeals Case Summaries: May 14, 2007.
May 14, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Reasonable suspicion - Legal error Where legal error in a U.S. District Court's analysis affected its factual findings underlying the issue of reasonable suspicion in a criminal...

Commentary: Technology trends to make life easier.
May 14, 2007... Byline: Edward Poll Not long ago I wrote in this column about the risk of "technology malpractice" -- violating the duty of care by failing to use technology effectively in your practice, so that you are perceived as willfully less...

Commentary: Tax planning within the law not enough for some.(Viewpoint essay)
May 14, 2007... Byline: Alexander A. Bove Jr. and Melissa Langa No one likes to pay taxes. We are always looking for extra deductions, tax-deferred or even tax-free income, or any other acceptable method to legally reduce our tax liability. The...

Networking inside the office is important as well.
May 14, 2007... Byline: Nancy Byerly Jones Few question the link between smart networking and gaining new clients. I suspect most attorneys would include networking as a non-negotiable "must do" for successful firms. How many of us, however, have...

Commentary: Legal myopia hurts value of 'goodwill'.
May 21, 2007... Byline: Edward Poll Longtime readers of this column know I strongly believe in the ethical and economic correctness of selling a law practice. Central to that belief is my conviction that a law practice has goodwill that can be sold. ...

U.S. Supreme Court Case Summaries: May 21, 2007.
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Death penalty A District Court did not abuse its discretion in refusing to grant an evidentiary hearing on an ineffective-assistance-of-counsel claim made by a defendant who...

Professional Advisory Council of the R.I. Foundation names new members.(Rhode Island)(Brief article)
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff Emily J. Murphy Chamberlain of Morneau & Murphy in Jamestown, Michael J. Chazan of Adler, Pollock & Sheehan in Providence, and A. Max Kohlenberg of Edwards, Angell, Palmer & Dodge in Providence have...

Judge reports new bankruptcy law making dent in R.I. filings.(an interview with Arthur N. Votolato)(Rhode Island)(Interview)
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff With almost 30 years on the U.S. Bankruptcy Court, Chief Judge Arthur N. Votolato has seen -- in bright-red ink -- the impact that fluctuations in the economy can have on consumers and business...

Commentary: 'Parade' marches into Old South to flag a system of injustice.(Theater review)
May 21, 2007... Byline: Barbara Rabinovitz To place the searing story of Leo Frank -- a young Atlanta Jew lynched nearly a century ago for a murder he did not commit -- within the framework of a jaunty musical with the celebratory title of "Parade" is to...

1st U.S. Circuit Court of Appeals rules habeas filing untimely even where state withheld info.
May 21, 2007... Byline: Eric T. Berkman A prisoner's habeas corpus petition based on the prosecution's nondisclosure of potentially exculpatory evidence was time-barred where it was filed nine years after review concluded in the state system, the 1st U.S....

R.I. Superior Court rules conflicting dates won't bar abuse suit vs. church.(Rhode Island)
May 21, 2007... Byline: Eric T. Berkman Roman Catholic Church officials in Providence could not dismiss a priest-abuse suit as time-barred, even where the alleged victim offered conflicting testimony over when the childhood incidents occurred, a Superior...

R.I. Supreme Court issues fall, winter argument dates.
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT HEARING DATES 2007-2008 Term September 24, 25 and 27 October 1, 9, 30 and 31 November 5, 6 and 7 December 3, 4, 6, 10 and 11 January 22 and 23

R.I. Commissioner of Education Case Summaries: May 21, 2007.
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff Education Coach - Reappointment Where a baseball coach was not reappointed by the Cranston School Committee, that decision was not arbitrary and capricious and accordingly will be...

R.I. Supreme Court Case Summaries: May 21, 2007.
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation revocation - No-contact order Where a judge revoked a defendant's probation, that decision was valid based on evidence that the defendant violated a no-contact order....

R.I. Superior Court Case Summaries: May 21, 2007.
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff Corporate Sale of assets - Price adjustment - Note default Where substantially all of the defendant corporation's operating assets were sold to the plaintiff, application of an adjustment...

1st U.S. Circuit Court of Appeals Case Summaries: May 21, 2007.
May 21, 2007... Byline: Rhode Island Lawyers Weekly Staff Commercial Telecommunications - 'Interconnection' agreement Where (1) an arbitrator awarded liquidated damages to a telephone company in a dispute arising out of an "interconnection...

One of most infamous cases in recent RI history is depicted on the small screen.
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff While one of the most infamous cases in recent Rhode Island history is just now being depicted on the small screen, it has always remained on the mind of the defendant's attorney. The tale of...

What a scene for Kingston author of best-selling novel.(Brief article)
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff Little did Burlington, Mass., attorney Sharmili Das know that a childhood friend would grow up to write a best-selling novel that would become the script for the film "The Namesake" and would ask...

Rhode Island. Superior Court rules delay won't bar ex-wife from getting stock share.(Bartlett v. Fitts)
May 28, 2007... Byline: Thomas E. Egan A divorced woman's delay in claiming an ownership interest in her former husband's stock should not preclude her from being awarded a half-share of that stock, a Superior Court judge has found. The husband argued...

Rhode Island. Supreme Court rules to suppress wiretaps over improper storage.(State v. Oster)
May 28, 2007... Byline: Jason M. Scally Prosecutors cannot admit recordings of a defendant's phone calls into evidence in a bribery case where the tapes were improperly stored under a paralegal's desk, the Rhode Island Supreme Court has ruled. ...

R.I. Supreme Court Case Summaries: May 28, 2007.
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff Criminal Closing argument - Prosecutor Where a defendant, convicted of sexual assault and rape, argues on appeal that two comments made by the prosecutor in her closing argument to the...

R.I. State Ethics Commission Case Summaries: May 28, 2007.
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town councilman - Variance Where a member of the Little Compton town council wishes to appear before the town's zoning and planning boards regarding a variance for his...

Rhode Island Superior Courts Case Summaries: May 28, 2007.(National Refrigeration, Inc. v. Travelers Indemnity Co.)(Baginski v. Town of Johnston Zoning Board of Review)(Bartlett v. Fitts )
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff Corporate Stock - Gift Where a plaintiff claims a one-half interest in stock that the defendant, her former husband, transferred from himself to the two of them jointly during their...

U.S. Bankruptcy Court Case Summaries: May 28, 2007.
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Objection to discharge Where a plaintiff filed a complaint (1) alleging a fraudulent transfer of assets by the defendant debtor in 1999 and (2) objecting to the defendant...

1st U.S. Circuit Court of Appeals Case Summaries: May 28, 2007.
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff Administrative Medicaid - 'Unclean hands' Where (1) a plaintiff health center filed suit to collect payments from the Puerto Rico government under federal Medicaid law and (2) a district...

U.S. Supreme Court Case Summaries: May 28, 2007.
May 28, 2007... Byline: Rhode Island Lawyers Weekly Staff Antitrust Telephone carriers A class of telephone and Internet service subscribers cannot state an antitrust claim against local carriers by merely alleging anticompetitive parallel...

Commentary: Your 'loss' might actually be a gain. .
May 28, 2007... Byline: Edward Poll A solo practitioner who is a coaching client called me to talk about his finances, and was depressed because he was operating at a "loss." The more we talked, it was apparent that his "loss" was really an...

Expert Opinion: Litigation funding seen leveling parties' playing field.(Interview)
May 28, 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 Boston attorney Peter L. Alexander, New England manager for...

Commentary: What the recruiting process can tell you about a firm.
May 28, 2007... Byline: Stephen E. Seckler Due diligence is a critical component of an effective job search. It is ego gratifying to receive a job offer. But before accepting, there are important questions that most people ask. For example, does the...

Commentary: Story of fire in the Grove echoes years later at Station.(Fire in the Grove: The Cocoanut Grove Tragedy and its Aftermath)(Book review)
May 28, 2007... Byline: Patrick T. Jones "Fire in the Grove: The Cocoanut Grove Tragedy and its Aftermath" By John C. Esposito Da Capo Press, 2005 254 pages; $15.95 An overcrowded nightclub full of flammable decorations has...

Class action nets R.I. woman $1.2M piece of the pie.(Rhode Island)(Interview)
May 28, 2007... Byline: Noah Schaffer Typically, litigants who sign onto class-action settlement agreements trade the right to bring individual claims in return for a guarantee of some minimum recovery. In many cases, that minimum amount can be...