Rhode Island Lawyers Weekly articles from May 2008

Rhode Island Lawyers Weekly archives from May 2008

Commentary: The SMART way to do marketing.
May 5, 2008... Byline: Edward Poll For too many lawyers, the idea of marketing is daunting because there are so many potential clients, so little time to reach them and so many options for pursuing them. Marketing can only be approached practically...

Commentary: ESI, short for electronic stored info or ... educate self immediately (in e-discovery).
May 5, 2008... Byline: Henry B. Chace TechnoLAWgically Speaking discusses how advances in office technology can best be used in the management of a law practice. Electronic discovery isn't just for big firms anymore. Any and every attorney in...

R.I. Superior Court rules fee on developers not an illegal tax.(Rhode Island)
May 5, 2008... Byline: Matthew C. Harper-Nixon A town's imposition of an affordable-housing fee on real estate developers did not amount to the imposition of an illegal tax, a Superior Court judge has ruled. The town argued that the purpose of the...

Lawyers for Indian tribes, in constant combat, say they would have it no other way.
May 5, 2008... Byline: Julia Reischel Attorney William A. McDermott Jr.'s resume includes an accomplishment few -- if any -- of his professional colleagues can claim: drafting a constitution for a sovereign nation. But when all is said and done, that...

U.S. magistrate judge rules litigant can object to third-party subpoenas.(Lincoln D. Almond )
May 5, 2008... Byline: Eric T. Berkman A donut-shop chain that had been sued by a franchisee could block subpoenas served by the franchisee on third parties not directly involved in the litigation, a U.S. magistrate judge has ruled. The plaintiff...

R.I. Supreme Court Case Summaries: May 5, 2008.(Rhode Island )
May 5, 2008... Byline: Rhode Island Lawyers Weekly Staff Motor vehicles Operating without driver's license - Jurisdiction Where a defendant has appealed his conviction for operating a motor vehicle without a driver's license, we hold that the...

R.I. Superior Court Case Summaries: May 5, 2008.(Rhode Island)
May 5, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal Denial of dismissal motion - Reconsideration Where a defendant has requested that this court reconsider its prior decision denying his motion to dismiss two of three cases pending...

1st U.S. Circuit Court of Appeals Case Summaries: May 5, 2008.
May 5, 2008... Byline: Rhode Island Lawyers Weekly Staff Arbitration Termination of employment Where an arbitrator upheld the termination of a delivery service driver who failed to deliver 37 packages over the span of two business days, the...

U.S. Magistrate Judges Case Summaries: May 5, 2008.(Brief article)
May 5, 2008... Byline: Rhode Island Lawyers Weekly Staff Civil practice Subpoenas - Standing Where defendants have moved for a protective order with respect to subpoenas served by the plaintiffs on third parties, the motion should be allowed, as...

U.S. Supreme Court Case Summaries: May 5, 2008.
May 5, 2008... Byline: Rhode Island Lawyers Weekly Staff Constitutional Death penalty Kentucky's three-drug lethal injection procedure complies with the Eighth Amendment's prohibition against cruel and unusual punishment. vBaze, et al. v....

How to ... Choose a relocation firm.
May 5, 2008... Byline: Bernadette Starzee How to... offers advice on a variety of subjects related to the management of a law practice. For all its climatical pleasures, spring can be a stressful season if, as is often the case this time of the...

Commentary: 'I want to thank all the little people ...'
May 12, 2008... Byline: Edward Poll It's a common practice for someone accepting an award or honor to thank a list of people who made the accomplishment possible, even if many of them had never received such thanks from the honoree before. In law...

'Involuntary' nolo plea by immigrant vacated by Mass. Superior Court.
May 12, 2008... Byline: Matthew C. Harper-Nixon An immigrant petitioner, subject to a deportation order based on a nolo contendere plea, must be granted post-conviction relief because the state could not show that he knowingly entered into the plea, a...

Rhode Island Supreme Court rules juvenile must register as sex offender.
May 12, 2008... Byline: Eric T. Berkman A juvenile who molested his 9-year-old cousin could be ordered to register as a sex offender, the Rhode Island Supreme Court has ruled. The 15-year-old offender argued that the registration requirement violated...

Tough drunk-driving penalties at issue in R.I. Supreme Court case.
May 12, 2008... Byline: Noah Schaffer The Rhode Island Supreme Court last week heard arguments in a case that could reverse the harsh penalties enacted in 2006 for drivers suspected of operating under the influence of alcohol who subsequently refuse to...

Forensic linguists make a science of syntax.
May 12, 2008... Byline: Dick Dahl Wife killer Brian David Hummert never intended to rat himself out. But in the end, his own written words -- picked over by a forensic linguist -- did just that. Hummert was convicted of first-degree murder by a...

R.I. District Court Case Summaries: May 12, 2008.(Rhode Island)
May 12, 2008... Byline: Rhode Island Lawyers Weekly Staff Unemployment compensation Misconduct Where an employee was fired for misconduct, he is ineligible for unemployment benefits. Benefit denial order affirmed. District Court judge's...

R.I. Supreme Court Case Summaries: May 12, 2008.(Rhode Island)
May 12, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation revocation Where a defendant has challenged a revocation of his probation, we hold that the challenge must be rejected because the defendant has not proved his claims...

Mass. Superior Court Case Summaries: May 12, 2008.(Massachusetts)
May 12, 2008... Byline: Rhode Island Lawyers Weekly Staff Administrative Board of Registration for Professional Engineers - Consent agreement Where the Rhode Island Board of Registration for Professional Engineers (1) found that an appellant...

1st U.S. Circuit Court of Appeals Case Summaries: May 12, 2008.
May 12, 2008... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Civil rights action Where plaintiffs (1) were awarded counsel fees in a civil rights case, (2) were later denied additional amounts for services rendered in litigating the...

Commentary: State of medical device tort litigation in wake of 'Riegel'.(Charles Riegel's case of strict liability and breach of warranty)
May 19, 2008... Byline: Eric J. Parker and Richard S. Cabelus In 1906, muckraker and investigative novelist Upton Sinclair revealed to the world the horrors of the Chicago meatpacking industry in his novel "The Jungle." His account of human and animal...

Commentary: The billable-hour trap.(lawyers' billing approach)
May 19, 2008... Byline: Edward Poll In a recent column, Jeff Bleich, president of the State Bar of California, raised the specter of the "billable hour trap." He maintains that the profession must change its fee structure and move away from the current...

Commentary: Well-written attorney bios are good read.(biographies)
May 19, 2008... Byline: Kristen V. Weller Seller's Market offers practitioners information about marketing their skills and services as attorneys. Creating an effective attorney bio takes more than a simple list of dates and accomplishments. Rather,...

1st U.S. Circuit Court of Appeals rules transporting child for sex is a violent crime.(United States)
May 19, 2008... Byline: Eric T. Berkman A defendant's interstate transport of a minor for prostitution constituted a "crime of violence" for the purpose of classification as a career offender under the federal sentencing guidelines, the 1st U.S. Circuit...

Asbestos claims dismissed for lack of 'nexus' State of Rhode Island.
May 19, 2008... Byline: Thomas E. Egan Asbestos-liability suits brought by Canadian residents cannot be litigated in Rhode Island, the state Supreme Court has decided. The defendants argued that the complaints should be dismissed under the doctrine of...

Roll of the dice pays off in patent case.(inventor Michael Bowling filed a patent infringement case against Hasbro, Inc.)(Interview)
May 19, 2008... Byline: Noah Schaffer The hoopla over the turn of the millennium is long over. But a federal jury in Providence recently found that Pawtucket-based Hasbro infringed on the patent rights of a little-known Arizona inventor when it issued a...

R.I. Supreme Court Case Summaries: May 19, 2008.(Rhode Island)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Civil practice Raise-or-waive rule - Wrongful death Where (1) plaintiff parents filed a wrongful death action in Superior Court against their deceased daughter's husband (the defendant),...

R.I. State Ethics Commission Case Summaries: May 19, 2008.(Rhode Island)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Planning board member - Affordable housing development proposals Where the petitioner is a Narragansett planning board member, it is our opinion that he is not...

R.I. Superior Court Case Summaries: May 19, 2008.(Rhode Island)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Contract Trucking services Where a plaintiff claims to be owed more than $9,000 for trucking services provided to the defendant, this court finds that the amount actually due is $4,565....

U.S. Bankruptcy Court Case Summaries: May 19, 2008.(United States)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Avoided mortgage - Homestead Where a U.S. Bankruptcy Court judge ruled (1) that an unrecorded mortgage on the debtor's house is avoided, (2) that the avoided mortgage is...

1st U.S. Circuit Court of Appeals Case Summaries: May 19, 2008.(United States)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Exemption - Lawsuits Where (1) debtors, on the day they filed their bankruptcy petition, brought two lawsuits against the Puerto Rico Aqueduct and Sewer Authority seeking more...

U.S. District Court Case Summaries: May 19, 2008.(United States)(Brief article)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal SORNA Where a defendant has moved to dismiss an indictment lodged against him for failure to register as a sex offender, I hold that the motion must be denied because (1) the...

U.S. Magistrate Judges Case Summaries: May 19, 2008.(United States)(Brief article)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Civil practice Application to proceed in forma pauperis Where a plaintiff has filed an application to proceed in forma pauperis, I find that his application should be dismissed without...

R.I. Workers' Compensation Court Case Summaries: May 19, 2008.(Rhode Island)(Brief article)
May 19, 2008... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Back injury - Evidence Where a trial judge has awarded an employee workers' compensation benefits, that award must be reversed because the employee failed to prove by...

Commentary: He ain't heavy, he's my client.
May 26, 2008... Byline: Edward Poll Client costs that are advanced are a major issue for a number of law firms, particularly those that focus on intellectual property law and are often required to pay thousands of dollars in fees for patent and other...

Commentary: Make no mistake: time of the essence in reporting error to insurer.(Column)
May 26, 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. We recently discussed the steps to take if you make an...

Rhode Island Supreme Court rules P&S agreement valid despite delayed closing.(purchase and sale agreement)
May 26, 2008... Byline: Thomas E. Egan A landowner must go forward with an agreed-upon sale despite the fact that title problems prevented the closing from taking place, the Rhode Island Supreme Court has ruled. The defendant owner argued that...

R.I. Supreme Court weighs landmark lead-paint verdict.(Rhode Island)
May 26, 2008... Byline: Nora Lockwood Tooher The Rhode Island Supreme Court heard oral arguments in a landmark lead-paint case that is being closely watched by other states, as well as plaintiffs' attorneys throughout the nation. Attorneys for three...

Recent California gay marriage ruling could influence future decisions in R.I.(Rhode Island)(Interview)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Earlier this month, the California Supreme Court struck down that state's ban on gay marriage. In a 4-3 ruling, the court found that the state's constitution offers a "right to marry" that extends...

Notices From The R.I. Court: May 26, 2008.(Rhode Island)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff United States District Court District of Rhode Island NOTICE TO MEMBERS OF THE BAR May 9, 2008 Policy and Procedures Concerning the Electronic Availability and Redaction of...

R.I. Supreme Court Case Summaries: May 26, 2008.(Rhode Island)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Domestic relations Restraining order Where a Family Court judge has issued an order prohibiting a defendant from "contacting, assaulting, molesting or otherwise interfering with" the...

R.I. Superior Court Case Summaries: May 26, 2008.(Rhode Island)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Contract Electrical work - State Where the state claims that a defendant contractor's electrical work was performed in an inadequate manner, the state has not met its burden of proof. ...

1st U.S. Circuit Court of Appeals Case Summaries: May 26, 2008.
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Arbitration Differential pay for holidays Where a federal judge upheld an arbitrator's award for a union in a dispute regarding differential pay for holidays, we conclude that the judge...

U.S. Magistrate Judges Case Summaries: May 26, 2008.(United States)(Brief article)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Damages Wiretap Where five plaintiffs were each awarded less than $1,000 on their wiretap claims, I find that each plaintiff's award must be raised to $1,000 because the relevant statute...

U.S. Supreme Court Case Summaries: May 26, 2008.(United States)(Brief article)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Criminal Voir dire A criminal defendant in a federal case need not explicitly and personally waive his right to have a U.S. District Court judge preside over voir dire when his counsel...

R.I. Workers' Compensation Court Case Summaries: May 26, 2008.(Rhode Island)(Brief article)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Mental injury Where a trial judge denied a library director's petition for workers' compensation benefits, the judge acted permissibly in light of the fact that the...

R.I. Lawyers in the News: May 26, 3008.(The Rhode Island Foundation)(Brief article)
May 26, 2008... Byline: Rhode Island Lawyers Weekly Staff Professional groups John E. Bulman of Little Medeiros Kinder Bulman & Whitney in Providence was elected to the Executive Committee of the Board of Directors of the American Arbitration...