Rhode Island Lawyers Weekly articles from November 2004

Rhode Island Lawyers Weekly archives from November 2004

Education Commission Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Education Transfer - Bullying Where a public school student's parents have requested that she be transferred to another school district because she has been subjected to bullying, the...

U.S. District Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion To Amend - Convertible Debentures Where (1) the plaintiffs purchased convertible debentures issued by a certain company, (2) the plaintiffs later filed suit against...

Workers' Compensation Court Case Summary: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation 'Psychological Disorder' Claim Where a trial judge rejected the workers' compensation claim of a hospital employee allegedly suffering from a psychological disorder,...

State Ethics Commission Court Case Summary: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Assistant Town Solicitor - Self- Representation Before Zoning Board Where the petitioner is an assistant town solicitor for the town of Exeter, it is our opinion that...

Human Rights Commission Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Failure To Prosecute - Dismissal Of Complaint Where a complaint alleges that the respondents violated the Fair Housing Practices Act, the complaint should be dismissed for...

Rhode Island District Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Criminal Restitution - Property Damage - Joint And Several Liability Where (1) a defendant has been convicted of simple assault and malicious damage based on evidence that she and several...

U.S. Magistrate Judges Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Education IDEA - Reimbursement - Private Placement Where the plaintiff parents of a disabled student filed a complaint seeking reimbursement from the defendant town of Barrington for the...

Rhode Island Superior Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Administrative DHS Decision - Remand Where this court remanded a matter to the Department of Human Services, I find that the DHS subsequently failed to comply with this court's order that...

1st U.S. Circuit Court of Appeals Case Summaries: November 1, 2004.
November 1, 2004... Byline: Rhode Island Lawyers Weekly Staff Constitutional Equal Protection - Maine Law - Tuition Assistance - Sectarian Schools Where plaintiffs have challenged on equal protection grounds the policy of the defendant state of Maine...

Rhode Island lawyer fights a 'harmful' amendment.
November 1, 2004... Byline: Jon Cunningham KEVEN A. McKENNA Providence Born: Jan. 14, 1945; Westerly, RI Education: Georgetown University Law Center, J.D. 1972; Syracuse University, M.P.A. 1968; Georgetown University School of Foreign Service,...

U.S. magistrate judge recommends no immunity for state in civil rights lawsuit.
November 1, 2004... Byline: Jason M. Scally The state should not be able to avoid a civil rights suit brought by a corrections officer with Italian heritage when there was evidence of discrimination by his superiors at the Department of Corrections, a U.S....

R.I. District Court rules woman is not liable for car damage by others.
November 1, 2004... Byline: Tony Wright A woman convicted of simple assault and malicious damage on a motor vehicle should not be required to pay full restitution to the car's owner --even when other people who contributed to the damage could not be...

Rhode Island prosecutor helps stamp out voter fraud.
November 8, 2004... Byline: Jason M. Scally TERRENCE P. DONNELLY Providence Born: July 5, 1961; Warwick Education: Boston University School of Law, 1986; Georgetown University, 1983 Bar admission: 1986 Professional experience: U.S....

U.S. District Court rules R.I. woman can't sue for gender bias due to 'flawed' complaint.
November 8, 2004... Byline: Tony Wright A woman who was denied a promotion could not sue her former manager for gender bias where she failed to name the manager in her complaint at the administrative level, a U.S. District Court judge has ruled. The...

Commentary: Managing the 'shoulds' of decision-making.
November 8, 2004... Byline: Nancy Byerly Jones Choices. The fabric of our personal and professional lives is heavily interwoven with the decisions we have made or not made. Likewise, most of our choices have a direct or indirect, negative or positive impact...

U.S. Bankruptcy Court rules ex-husband cannot avoid debt in bankruptcy filing.
November 8, 2004... Byline: Lisa K. Bruno A fraud judgment against a debtor who failed to fully disclose his assets in an earlier divorce proceeding should not be dischargeable under the bankruptcy code, a U.S. Bankruptcy Court judge has ruled. The debtor...

Four Rhode Island lawyers are nominated as "The Best Lawyers in America 2005-2006".
November 8, 2004... Byline: Rhode Island Lawyers Weekly Staff Four partners from Holland & Knight's Providence office were nominated by their peers for inclusion in "The Best Lawyers in America 2005-2006." The attorneys honored were Gregory L. Benik, who...

Commentary: Blogging and the bottom line.
November 8, 2004... Byline: Robert J. Ambrogi Search Google for "trademark lawyer," and the number-one hit is the Trademark Blog of New York lawyer Martin Schwimmer. Search for "appellate law," and the highest ranking page is How Appealing, the blog of...

Commentary: the judicial selection process works.
November 8, 2004... Byline: Girard R. Visconti With the recent appointment of William P. Robinson III to the Rhode Island Supreme Court, members of the public should be proud that he is serving on our highest court. Robinson's background has been...

U.S. Bankruptcy Court Case Summaries: November 8, 2004.
November 8, 2004... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Divorce - Dischargeability Where a judgment in favor of a debtor's ex-wife was entered in connection with the ex-wife's suit to reopen the divorce, the judgment is...

1st U.S. Circuit Court of Appeals Case Summaries: November 8, 2004.
November 8, 2004... Byline: Rhode Island Lawyers Weekly Staff Admiralty Maintenance And Cure - Multiple Sclerosis Where a federal judge found that a plaintiff seaman suffering from multiple sclerosis had reached a point of maximum medical recovery by...

U.S. District Court Case Summaries: November 8, 2004.
November 8, 2004... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Money Laundering Proceeds Where the government seeks disgorgement of legal fees paid to two criminal defense attorneys, the request should be allowed on the ground that...

U.S. Magistrate Judges Case Summaries: November 8, 2004.
November 8, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Motion For Class Certification - Service Where a civil rights plaintiff has moved for class certification, I find that his motion should be denied because he has not served...

Rhode Island lawyer leads fight for state's day care workers.
November 15, 2004... Byline: Lisa Bruno MARC B. GURSKY Providence Born: Oct. 29, 1957; New York, N.Y. Education: Boston University School of Law, 1982; Boston University, 1979 Bar admission: 1982 Professional experience: Gursky Law...

Rhode Island Bankruptcy Court requires e-filing by high-volume filers.
November 15, 2004... Byline: Rhode Island Lawyers Weekly Staff U.S. Bankruptcy Court, District of Rhode Island Susan M. Thurston, Clerk U.S. Bankruptcy Court 380 Westminster Mall, 6th Floor Providence, RI 02903 Phone: (401) 528-4477, ext....

Rhode Island court rule company liable for former brokers' fraud.
November 15, 2004... Byline: John O. Cunningham An investor who paid for, but never received, shares of stock in a corporation because of stockbroker fraud should be entitled to judgment against the company, even when the brokers weren't authorized to...

U.S. Bankruptcy Court Case Summaries: November 15, 2004.
November 15, 2004... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Trust Revocation Where a Chapter 7 Trustee moved for authority to revoke a realty trust created by the debtor, the motion was properly allowed under applicable Maine law. ...

1st U.S. Circuit Court of Appeals Case Summaries: November 15, 2004.
November 15, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Summary Judgment - Opportunity To Respond Where a judge awarded the defendants summary judgment on the plaintiffs' claims for breach of contract and trademark infringement,...

U.S. District Court Case Summaries: November 15, 2004.
November 15, 2004... Byline: Rhode Island Lawyers Weekly Staff Environmental Counsel Fees - Government Accounting - CERCLA Where the United States was ordered to submit an itemized account of attorneys' fees sought in a CERCLA action, the United States...

U.S. Supreme Court Case Summaries: November 15, 2004.
November 15, 2004... Byline: Rhode Island Lawyers Weekly Staff Commercial International Shipping - Interpretation Of Bill Of Lading When goods are shipped internationally under a maritime contract and the dispute is not inherently local, federal law...

R.I. Superior Court denies lead-paint companies' evidence on structures.
November 15, 2004... Byline: David L.Yas Evidence concerning the physical state of individual buildings could not be introduced by lead-paint companies defending a public-nuisance suit brought by the state, a Superior Court judge has ruled. The defendants...

Rhode Island Superior Court Case Summaries: November 15, 2004.
November 15, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Protective Order - Deposition Where a defendant corporation has moved for a protective order precluding the state from taking a deposition with respect to a certain website...

Providence lawyer is now general counsel for Johnson & Wales University.
November 29, 2004... Byline: John O. Cunningham When Providence lawyer Barbara L. "Bonnie" Bennett walked away from a successful private practice a decade ago, she wasn't sure where she was headed. "I just knew I wanted a change of life, but I didn't know...

1st U.S. Circuit Court of Appeals Case Summaries: November 29, 2004.
November 29, 2004... Byline: Rhode Island Lawyers Weekly Staff Contract Real Estate Developer - 'Participation Interests' - Ambiguity Where a plaintiff was awarded summary judgment on his claims for declaratory relief with respect to the meaning of an...

U.S. District Court Case Summaries: November 29, 2004.
November 29, 2004... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Stay - Out- Of-State Litigation Where plaintiffs have filed a complaint seeking reimbursement of attorneys' fees and costs incurred in related litigation in California and...

Commentary: Exercise is a perfect way for lawyers to combat stress.
November 29, 2004... Byline: Jeff Rutstein A high-profile criminal trail or the demands of a business client can add much physical and emotional stress to your personal and professional life. One of the best ways to combat this is to make physical fitness a...

R.I. Workers' Compensation Court denies claim based on 'personal credibility'.
November 29, 2004... Byline: Tony Wright An employee who suffered from a back injury could be denied a return to incapacitated status based on a lack of "personal credibility," the Appellate Division of the Workers' Compensation Court has held. The...

R.I. Court of Appeals okays confession despite cop's 'misleading remarks'.
November 29, 2004... Byline: Jason M. Scally A bank robber's accomplice who waived his Miranda rights could not have his confession suppressed -- even though the police later made allegedly misleading remarks about his right to an attorney, the 1st U.S....

Rhode Island Workers' Compensation Court Case Summary: November 29, 2004.
November 29, 2004... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Return Of Incapacity - Credibility Where an employee's petition alleging a return of incapacity was denied, that judgment should be affirmed, as the judge was...

Commentary: FAQs about legal headhunters and headhunting.
November 29, 2004... Byline: Richard Hermann and Linda Sutherland Special to Lawyers Weekly The business of legal search is far-and-away the most misunderstood area of human resources insofar as attorneys are concerned. Legal career counselors and advisors...

Education Commission Case Summaries: November 29, 2004.
November 29, 2004... Byline: Rhode Island Lawyers Weekly Staff Education Unilateral Transfer - Chemistry Honors Class Where the Warwick School Committee transferred a student against his will out of an honors Chemistry class, it is our finding that the...

Rhode Island Human Rights Commission Case Summary: November 29, 2004.
November 29, 2004... Byline: Rhode Island Lawyers Weekly Staff Employment Age Discrimination Claim - Failure To Prosecute Where a plaintiff (1) filed an age discrimination claim against the defendant employer following a layoff, (2) did not appear for...