Rhode Island Lawyers Weekly articles from November 2003

Rhode Island Lawyers Weekly archives from November 2003

Rhode Island Supreme Court Case Summaries: November 3, 2003.
November 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Taxation Commercial Property Owner - Assessment Challenge Where the plaintiff, a commercial property owner in the city of Providence, has challenged a municipal tax assessment, that...

Piecing Together An Effective Appellate Brief.
November 3, 2003... Byline: Jeanne Greeley Your client has been hit with a multi-million-dollar judgment or perhaps is facing a long prison sentence, and you've got just 50 pages in your appellate brief to convince a panel of judges to grant a new trial. ...

U.S. Magistrate Judges Case Summaries: November 3, 2003.
November 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Prisons Virginia Confinement - 8th Amendment Where a plaintiff seeks a preliminary injunction to prevent the defendant Rhode Island Department of Corrections from continuing to confine the...

1st U.S. Circuit Court Of Appeals Rules Employee On Leave Can't Get Disability.
November 3, 2003... Byline: Lisa K. Bruno An employee who had been on a leave of absence due to a work-related injury was not eligible for long-term disability benefits under the terms of an insurance plan that was restricted to full-time active workers, the...

Rhode Island Supreme Court Denies Unsigned Challenge To Tax Assessment.
November 3, 2003... Byline: David L. Yas A commercial property owner could not challenge a municipal tax assessment without filing a signed and notarized account -- even though the city accepted the taxpayer's unsigned account for filing, the Rhode Island...

Rhode Island Superior Court Case Summaries: November 3, 2003.
November 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Zoning Subdivision - Inadequate Findings Where (1) the Cumberland Planning Board granted defendant landowners preliminary approval for a subdivision, (2) the plaintiffs appealed and (3)...

U.S. Court of Appeals 1st Circuit Case Summaries: November 3, 2003.
November 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Interference With Commerce By Robbery - Sentencing Where a defendant, who pled guilty to interfering with commerce by robbery, possessing a firearm with an obliterated serial...

U.S. District Court Case Summaries: November 3, 2003.
November 3, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Arrest - Probable Cause - Immunity Where a civil rights complaint has been filed over the arrest of the plaintiff, the police defendants should be awarded summary judgment...

Rhode Island Ethics Commission Case Summaries: November 10, 2003.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Attorney- Labor Department - Lobbying Where an attorney working part-time for the Rhode Island Department of Labor wishes to know whether she may, in her private...

Rhode Island Superior Court Case Summaries: November 10, 2003.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Environmental CRMC - Permit Where a plaintiff condominium association has appealed the defendant Coastal Resources Management Council's decision declining to issue a declaratory ruling on...

Commentary: Making Sure The Phrase 'Quality Of Life' Is A Reality In Yours.
November 10, 2003... Byline: Nancy Byerly Jones The "Are You Being Your Own Best Friend?" Test 1. How many of your favorite activities have you actually done during the past month? Last two months? 2. Do you usually feel like you are in control of your...

Following Rhode Island individuals successfully complete July 2003 Bar Exam.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff The following individuals were successful on the July 2003 Rhode Island Bar Examination and must be certified by the Committee on Character and Fitness before admission. A single asterisk (*)...

Rhode Island Supreme Court Awards 'Credible' Plaintiff New Trial.
November 10, 2003... Byline: David L. Yas A judge could order a new trial for a plaintiff in a car-accident case based on the judge's own findings of witness credibility -- even though the jury in the case had been properly instructed on comparative negligence...

Rhode Island Superior Court Rules Zoning Board's Denial Of Proposal Improper.
November 10, 2003... Byline: Lisa K. Bruno A local zoning board of review could not deny a landowner's proposal for re-locating a cottage on the basis that it had no power to enforce its regulations with respect to a lot straddling state lines, a Superior...

Rhode Island Supreme Court Case Summaries: November 10, 2003.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation Revocation Where a defendant has challenged a Superior Court decision revoking his probation, we conclude that the revocation may stand. We base this decision on our...

U.S. Court of Appeals 1st Circuit Case Summaries: November 10, 2003.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Corporate Close Corporation - Release - Self- Dealing Where the plaintiffs, a close corporation's creditors, filed a complaint charging the defendants (a corporate officer and shareholders)...

Commentary: Marketing Doesn't Have To Be Expensive To Look That Way.
November 10, 2003... Byline: Michael M. Bowden Most marketing agencies will gladly work with a law firm to develop a unique "brand" and a distinctive advertising campaign - provided that firm is ready and able to fork over tens of thousands of dollars for the...

Trustee: Rhode Island Bankruptcy Court Initiative Saving Millions.
November 10, 2003... Byline: Jeanne Greeley A little-known program that was incepted in 2001 in the U.S. Bankruptcy Court for the District of Rhode Island is having far-reaching ramifications in sparing the court enormous discharges for filings that were found...

Rhode Island Workers' Compensation Court Case Summaries: November 10, 2003.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Administrative Penalty - Failure To Carry Workers' Compensation Coverage Where a reviewing judge assessed a civil penalty of $1,066,000 against a nightclub for...

Commentary: Taking The Office On The Road.
November 10, 2003... Byline: Bruce L. Dorner Modern computing and Chinese food have much in common. First, you need to decide if you want to have a "take out" or "dine in" meal. If you only work at an office desk, then the "dine in" desktop machine is all...

U.S. District Court Case Summaries: November 10, 2003.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Copyright Transfer - University - Photographs Where a plaintiff has filed a copyright infringement action concerning photographs he took while employed by the defendant university, the...

U.S. Magistrate Judge Case Summaries: November 10, 2003.
November 10, 2003... Byline: Rhode Island Lawyers Weekly Staff Habeas Corpus Sentence Calculation - Mootness Where a habeas corpus petition has been filed challenging the calculation of a sentence imposed in the U.S. District Court for the District of...

U.S. Magistrate Judge Rules Forum Clause Bars R.I. Lawsuit Vs. Retailer.
November 17, 2003... Byline: Jason M. Scally A lawsuit brought against a "global, multichannel retailer" was not properly filed in federal court in Rhode Island where the parties were bound by a clause in their agreement naming Florida as the forum to settle...

Rhode Island Lawyers In The News: November 17, 2003.
November 17, 2003... Byline: Rhode Island Lawyers Weekly Staff New Associations Joshua A. Berlinsky has joined the Providence law firm of Tillinghast, Licht, Perkins, Smith & Cohen as an associate. Richard J. Petrucci has joined the firm as a senior...

U.S. Magistrate Judge Case Summaries: November 17, 2003.
November 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Jurisdiction Forum Selection Clause Where a Rhode Island plaintiff has brought suit in the present federal court charging a defendant Florida "global, multichannel retailer" with breach of...

U.S. Supreme Court Case Summaries: November 17, 2003.
November 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Imperfect Closing The fact that a defense attorney's closing argument was imperfect did not give rise to a valid claim of ineffective assistance of counsel. Yarborough v....

Adopting A Records Management Plan.
November 17, 2003... Byline: Jeanne Greeley When it comes to corporate record management, life used to be relatively simple for in-house counsel. Now, a racy e-mail, a mistakenly forwarded electronic file or a mishandled back-up tape can mean disaster for...

Rhode Island Supreme Court Rules Man Hurt By Policeman Could Not Sue Town.
November 17, 2003... Byline: John O. Cunningham A town was not liable for a police officer's assault of an arrested citizen where the plaintiff produced no evidence that the actions in question were part of a practice or policy, the Rhode Island Supreme Court...

U.S. Court of Appeals 1st Circuit Case Summaries: November 17, 2003.
November 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Right To Privacy - Psychiatrist - Patient's Employer Where a lawsuit was brought charging a defendant psychiatrist with violating the plaintiff's right to privacy by providing...

Rhode Island School-Bound Judge Earns Judicial Skills Award.
November 17, 2003... Byline: Lisa K. Bruno In a continuing quest to hone his judicial skills, Superior Court Judge Gilbert V. Indeglia has become the first Rhode Island jurist to earn a Diploma of Judicial Skills from the American Academy of Judicial...

Rhode Island Superior Court Case Summaries: November 17, 2003.
November 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Real Property Easement By Necessity Where the defendants have taken a number of steps to prevent the plaintiffs from using a 10-foot wide strip of the defendants' land to access the...

1st Circuit Judge Hugh H. Bownes Dies At 83.
November 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Retired 1st U.S. Circuit Court of Appeals Judge Hugh H. Bownes, who issued a landmark ruling that prompted New Hampshire to upgrade its dilapidated prison system, has died. He was 83. Bownes...

Rhode Island Supreme Court Case Summaries: November 17, 2003.
November 17, 2003... Byline: Rhode Island Lawyers Weekly Staff Municipal Respondeat Superior - Alleged Battery By Police Officer Where a plaintiff sued a defendant municipality under the doctrine of respondeat superior, claiming that one of the...

1st U.S. Circuit Court Of Appeals Prepares To 'Ride' Into Providence.
November 24, 2003... Byline: Jason Scally It's not the first time, and it probably won't be the last, but the 1st U.S. Circuit Court of Appeals will make a rare appearance in the state capital next month as part of a conscious effort to expand the face of the...

U.S. District Court Judge Denies Trademark Suit Despite Logo 'Confusion'.
November 24, 2003... Byline: Jason M. Scally A company that used a name and logo that was similar to another company's did not violate state and federal law -- even though there was evidence of general confusion over the names of the two companies in the...

U.S. District Judge Rules Officers Of Corp. May Be Sued For 'Bad Sale'.
November 24, 2003... Byline: David L. Yas Officers of a corporation could be sued for negligence and breach of fiduciary duty for selling two companies to buyers who eventually looted the companies' assets, a U.S. District Court judge has found. The...

U.S. Supreme Court Case Summaries: November 24, 2003.
November 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Social Services Social Security - Non- Existence Of Prior Job A Social Security claimant who is capable of doing her former job isn't entitled to benefits, even though her former job no...

Commentary: Of Mold, Drugs And Sox ...
November 24, 2003... Byline: David L. Yas Thoughts while wondering how Louise Woodward is doing in law school Bianca Jagger has filed a lawsuit against her landlord for safety problems with mold in her apartment. The former Mrs. Mick says her New York...

Rhode Island Superior Court Case Summaries: November 24, 2003.
November 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Guardianship - Fees Where a former guardian has appealed a Probate Court order denying his request for fees, the appeal must fail because the guardian is not entitled to the...

U.S. Court of Appeals 1st Circuit Case Summaries: November 24, 2003.
November 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Cocaine Distribution - Scheme To Obtain Oxycodone Where a defendant has appealed his convictions for (1) cocaine distribution resulting in a death and (2) engaging in a scheme to...

Rhode Island Superior Court Announces Administrative Orders.
November 24, 2003... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, S.C. SUPERIOR COURT ADMINISTRATIVEORDER NO. 2003-17 IN RE: LEAD POISONINGLITIGATION All such causes of action...

Retired Judge Pettine Passes Away At 91.
November 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Retired U.S. District Court Judge Raymond Pettine, who presided over landmark cases about free speech, prisoners' rights and other sensitive issues, has died. He was 91. Pettine retired from...

Rhode Island Supreme Court Case Summaries: November 24, 2003.
November 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Defense Witness - Notice Where a defendant, who was convicted of breaking and entering, has appealed on the theory that his 6th Amendment right to present witnesses on his behalf...

U.S. District Court Case Summaries: November 24, 2003.
November 24, 2003... Byline: Rhode Island Lawyers Weekly Staff Corporate Fiduciary Duty - Negligence - Sale Where a plaintiff receiver has filed suit, on behalf of the policyholders and creditors of two insurance companies, alleging that the defendant...