Rhode Island Lawyers Weekly articles from November 2006

Rhode Island Lawyers Weekly archives from November 2006

Names of bar exam passers announced.
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff The following individuals were successful on the July 2006 Rhode Island bar examination and must be certified by the Committee on Character and Fitness before admission. A single asterisk (*)...

RI Bankruptcy Court proposes rule amendment, gives notice of training.
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND NOTICE OF PROPOSED LOCAL RULE AND FORM AMENDMENTS Pursuant to 28 U.S.C. Sect. 2071, Fed. R. Civ. P. 83,...

R.I. Supreme Court Decisions: November 6, 2006.
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Domestic relations Divorce - Disability Where (1) a property settlement agreement in a divorce case awarded the wife a share of the husband's pension, (2) after the husband started to...

R.I. Supreme Court Ethics Advisory Panel Decisions: November 6, 2006.(Rhode Island )
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Attorneys Contingent fee - Divorce Where an attorney wishes to represent, on a contingency fee basis, a divorced client in connection with a dispute over the client's ex-husband's stock...

State Ethics Commission Opinions: November 6, 2006.
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Sewer project - Planning official Where the Chairman of the Johnston Planning Board is employed by a firm seeking to be hired by the town to serve as project...

RI Superior Court Decisions: November 6, 2006.
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Contract Stock option agreement - Former CEO Where the plaintiff, a former CEO for the defendant corporation, now alleges that the defendant breached its fiduciary duty by failing to...

1st U.S. Circuit Court Of Appeals Case Summaries: November 6, 2006.(United States v. Thomas)(Thore v. Howe)(Constructora Andrade Gutierrez, S.A. v. American International Insurance Company )
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil rights Judicial estoppel - Excessive force - Plea colloquy Where defendants in an excessive force case were awarded summary judgment, that judgment should be affirmed in light of the...

Commentary: Should you ever 'fire' a client?(Column)
November 6, 2006... Byline: Edward Poll Some very able law-firm business consultants recommend that firms regularly eliminate a set percentage (typically 5 to 10 percent) of those clients deemed too small to be worth the firm's time and overhead. The...

Secretaries: 'the backbone of any law firm'.(Interview)
November 6, 2006... Byline: Rhode Island Lawyers Weekly Staff In this feature, Lawyers Weekly interviews law-firm administrators to gain insight into the decisions about who will be employed by the firm. This week, reporter Barbara Rabinovitz asks Paul J....

Comnmentary: Why estate planning is important for all clients.
November 6, 2006... Byline: Patricia M. Annino Many of our clients rely on the common myth that "estate planning is only for people who are richer than we are" to prevent them from taking that first step towards planning. In fact, putting an estate plan in...

Why do lawyers represent guilty people? Read this ...(Column)
November 6, 2006... Byline: David Barend I used to love to go to parties. Sadly, that all changed once I became a criminal defense attorney. Below is the conversation that I have at every shindig that I've attended over the last 10 or so years. "So what...

Federal defender is 'David' to government's 'Goliath'.(Miriam Conrad)
November 6, 2006... Byline: Barbara Rabinovitz October may have ended last Tuesday, but the day actually marked the beginning of Miriam Conrad's official tenure as federal public defender for several districts under the federal 1st Circuit, including Rhode...

'Force' suit against cop derailed by earlier guilty plea.
November 6, 2006... Byline: David E. Frank An appellant convicted of assaulting a police officer could not maintain an excessive force claim against the same officer, where the allegations in his complaint were inconsistent with the facts he admitted to...

Nurses union can't sue under old arbitration award.
November 6, 2006... Byline: Eric T. Berkman A nurses' union complaining of staffing violations at a hospital could not sue to enforce a three-year-old arbitration award over prior allegations in order to bypass the formal grievance procedure for the current...

Commentary: Legalization of undocumented aliens: new look at old approach.(Column)
November 13, 2006... Byline: H. Daniel Hassenfeld Some see undocumented aliens only as lawbreakers deserving deportation; others see legalization as a human right. The procedure known as "registry," a part of immigration law for more than 75 years, reflects a...

Creditor is denied prepayment penalties on commercial loans.(UPS Capital Business Credit v. Gencarelli)
November 13, 2006... Byline: Noah Schaffer An oversecured creditor could not collect prepayment penalties on two commercial loans where it failed to prove that the amount demanded was reasonable, a U.S. District Court judge has found. The plaintiff, a...

Court of Appeals says company can't be sued for refusing to rehire employee.(Velez v. Janssen Ortho, LLC)
November 13, 2006... Byline: Eric T. Berkman A woman who sued her former employer for harassment -- and then seven years later submitted a letter expressing interest in returning to the company -- could not bring a Title VII retaliation claim when the company...

Amendments to civil procedure rules approved.(Brief article)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Proposed Amendments to Rules 4(f)(1) and 4(I); 5(b) and (d); 6(b); 14(a); 15(c); 26(b); 30(b), (c), (d), and (f); 33(c); 45(a) and (b); and 59(a) of the Superior Court Rules...

R.I. Supreme Court revises hearing dates.(Rhode Island)(Brief article)(Calendar)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff SUPREME COURT HEARING DATES 2006-2007 Term September 25 and 26 October 3, 4, 10, 30 & 31 November 1, 8, and 9 December 4, 5, 11, 12, and 13 January 22, 23, 24, 29 and 30...

Commissioner of Education Case Summaries: November 13, 2006.(Rhode Island Department of Elementary and Secondary Education v. Growing Children of Rhode Island)(Case overview)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Residency - Home of aunt and uncle Where a student is living with his aunt and uncle in Cranston for no substantial reason other than school attendance, we hold that he remains a...

Human Rights Commission Case Summaries: November 13, 2006.(Ferschke v. TriLateral, LLC )(Case overview)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Employment Discrimination claims - Age, sex and national origin Where a complainant warehouse supervisor alleges that the respondent, her former employer, discriminated against her, failed...

R.I. Supreme Court Case Summaries: November 13, 2006.(Rhode Island)(Marcello v. Neves)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Real property Writ of possession - Res judicata Where a plaintiff sued defendants, seeking a writ of possession and damages, we hold that a judge acted correctly, based on res judicata...

Superior Court Case Summaries: November 13, 2006.(State v. Callazo)(Medical Malpractice Joint Underwriting Association of Rhode Island v. Marques)(Town of Narragansett v. Palmisciano )
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal First-degree murder Where evidence indicates that a defendant was not legally insane at the time he killed another man, he must be found guilty of first-degree murder as charged....

1st U.S. Circuit Court of Appeals Case Summaries: November 13, 2006.(Benitez-Garcia, et al. v. Gonzalez-Vega, et al.)(Velez v. Janssen Ortho, LLC)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Discovery violations - Dismissal Where a civil rights complaint was ordered dismissed with prejudice as a sanction for the plaintiffs' failure to comply with deadlines set...

U.S. District Court Case Summaries: November 13, 2006.(UPS Capital Business Credit v. Gencarelli)(Brief article)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Prepayment penalties - Commercial loans Where a U.S. Bankruptcy Court judge has issued an order denying an appellant's claim for prepayment penalties on two commercial loans the...

Rhode Island Lawyers in the News: November 13, 2006.(Sheri L. Montecalvo and Megan E. Higgins appointed)(Salter, McGowan, Sylvia and Leonard)(Brief article)
November 13, 2006... Byline: Rhode Island Lawyers Weekly Staff Sheri L. Montecalvo has joined Salter, McGowan, Sylvia & Leonard in Providence as an associate. Megan E. Higgins has been named research counsel for the Marine Affairs Institute at Roger...

Commentary: When it's your firm, the buck stops with you.(Column)
November 13, 2006... Byline: Edward Poll Governance -- properly exercising responsibility for one's actions in leading an organization -- remains a hot business topic. A lawyer's responsibility for his or her own firm is magnified by the requirements of the...

Defense finds way to sway jury in 'challenging' environmental case.(Emhart Industries v. North River Insurance, et al.)
November 13, 2006... Byline: Noah Schaffer The defense lawyers in a recent environmental pollution case say their ability to fight off claims for $17.1 million and prevail at trial came down to convincing the jury simply to turn back the clock. "The...

Commentary: Do you commit malpractice when it comes to tech?(Column)
November 20, 2006... Byline: Edward Poll Each year the American Bar Association's Legal Technology Resource Center releases a survey to assess how lawyers in private practice are using technology in their law offices. As reported in Law Technology News,...

First-of-its-kind survey to look at how, why in-house counsel hire firms.
November 20, 2006... Byline: Elaine McArdle In the not-so-distant past, corporations and their outside counsel often enjoyed long-term, enduring relationships built on personal contacts and marked by mutual loyalty. But times have certainly changed. ...

Rhode Island Supreme Court rules student's accident report not privileged document.(Gaumond v. Trinity Repertory Co.)
November 20, 2006... Byline: David E. Frank A disabled student injured during a field trip could not rely upon a "school-disabled student privilege" to quash a subpoena seeking the production of an accident report prepared by a school official, the Rhode...

U.S. District Court judge rules gas co. can be sued for contamination.(Ernest C. Torres)(Gail et al. v. New England Gas Co Inc.)
November 20, 2006... Byline: Eric T. Berkman Landowners claiming that a gas company's predecessors contaminated their property by depositing waste from their coal-gasification operation on nearby land could sue the company for negligence, a U.S. District Court...

Notice from the Court: November 20, 2006.(Public notice)
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Court seeks comments on proposed amendment to rules OFFICE OF THE CLERK UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND NOTICE OF PROPOSED LOCAL RULE AND FORM...

Rhode Island Commissioner of Education Case Summaries: November 11, 2006.(Kittredge v. The Compass School)(Jameson v. Rhode Island Department of Elementary and Secondary Education )
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Education Nonrenewal of teacher Where a teacher has challenged her nonrenewal, arguing that the school acted improperly by not providing her written notice of nonrenewal on or before March...

R.I. Supreme Court Case Summaries: November 20, 2006.(Rhode Island)(Lyons v. State )
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Postconviction relief - Assistance of counsel Where an individual convicted of child molestation applied for postconviction relief on the ground of ineffective assistance of...

Superior Court Case Summaries: November 20, 2006.(Bellucci v. Avedesian)(Larmore v. Fleet National Bank)
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Retirement Disability Where the Warwick Retirement Board denied the plaintiff's application for disability retirement benefits, the Board's decision must be reversed, as (1) the plaintiff...

1st U.S. Circuit Court of Appeals Case Summaries: November 20, 2006.(Nisselson v. Lernout)(ITI Holdings, Inc. v. Odom)
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy In pari delicto - Merger Where a bankruptcy trustee filed a complaint seeking to enforce the legal rights of a corporation that entered into a merger allegedly through...

U.S. District Court Case Summaries: November 20, 2006.(Gail, et al. v. New England Gas Co., Inc.)(Case overview)
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Environmental Contamination of property - Negligence - Nuisance - HWMA Where plaintiff landowners have filed a multi-count complaint alleging that the defendants' predecessors caused...

U.S. Supreme Court Case Summaries: November 20, 2006.(Purcell v. Gonzalez)(Ayers v. Belmontes)(Brief article)
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff Elections Proof of citizenship An order enjoining an Arizona law requiring proof of citizenship to register to vote and identification to vote on election day is vacated. Purcell v....

Rhode Island Lawyers in the News: November 20, 2006.(Brief article)
November 20, 2006... Byline: Rhode Island Lawyers Weekly Staff New associations Alicia J. Byrd, Matthew R. Levy and Thomas J. Enright have joined the Providence office of Partridge, Snow & Hahn as associates. Elizabeth A. Kowal has been named associate...

Advice on how lawyers can ensure potential clients using search engines find their home pages.
November 20, 2006... Byline: Noah Schaffer Seller's Market offers practitioners information about marketing their skills as attorneys. This week, reporter Noah Schaffer sounds out Eric J. Parker on how lawyers can ensure that potential clients using search...

Commentary: Disabled client's hard-won fight a lesson for legal community.(A Million Reasons: Why I Fought for the Rights of the Disabled)(Book review)
November 20, 2006... Byline: Stanley J. Eichner "A Million Reasons: Why I Fought for the Rights of the Disabled" By Alan Labonte with Brock Bower, HotHouse Press, 2006320 pages; $26 This book tells the story of Alan Labonte's struggle to redress what he...

Roger Williams University School of Law program provides mock job interview with area attorney.(Brief article)
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Everyone remembers their first job interview. Now, thanks to an annual program offered by Roger Williams University School of Law, the hiring process doesn't have to be quite so painful. The...

Providence attorney has a need for speed.(Vincent D. Morgera )
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Providence attorney Vincent D. Morgera has two passions in life: the law and racecar driving. The two have intersected throughout the medical-malpractice lawyer's more than 30-year legal...

CEO lacks standing to assert privilege, rules 1st Circuit.
November 27, 2006... Byline: Noah Schaffer A corporate officer cannot challenge grand jury questions regarding an allegedly privileged conversation between himself and corporate counsel, the 1st U.S. Circuit Court of Appeals has found. The appellant...

RI Supreme Court rules approved subdivision plan subject to amended ordinance.(Rhode Island)
November 27, 2006... Byline: Eric T. Berkman A real estate developer was subject to a zoning amendment that increased minimum lot sizes even though the Town of Richmond passed the amendment after it had approved the developer's subdivision plan, the Rhode...

R.I. Supreme Court issues December argument calendar.(Rhode Island)(Calendar)
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff SHOW CAUSE CALENDAR DECEMBER 4, 2006 9:30 A.M. WARWICK HOUSING AUTHORITY v. BARBARA MCLEOD 2005-323 K. Joseph ShekarchiTiffany AntochEmery Susan A. Chiariello ...

R.I. Supreme Court Case Summaries: November 27, 2006.(Rhode Island)(State v. Tolbert )
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation revocation Where evidence indicated that a defendant went to his girlfriend's apartment and engaged in violent and threatening conduct, we hold that this was sufficient...

Rhode Island State Ethics Commission Case Summaries: November 27, 2006.
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town councilor - Liquor license Where a member of the Lincoln town council, having purchased a restaurant, wishes to seek the council's approval of the transfer of the...

Superior Court Case Summaries: November 27, 2006.(Eden, et al. v. Zoning Board of Review of Town of South Kingstown, et al.)
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Zoning Special use permit - Hotel Where the defendant South Kingstown zoning board has denied the plaintiffs a special use permit for intensification of a special use permit previously...

1st U.S. Circuit Court of Appeals Case Summaries: November 27, 2006.(Fonten Corp., et al. v. Ocean Spray Cranberries, Inc.)
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Appeals Standing - Bankruptcy Where an insurance company has filed an appeal of a Bankruptcy Appellate Panel ruling, the appeal must be dismissed for want of jurisdiction in light of the...

U.S. District Court Case Summaries: November 27, 2006.(1500 Mineral Spring Associates, LP v. Gencarelli)
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Chapter 11 - Good faith Where a bankruptcy court judge denied a motion by lessees to dismiss the debtor's Chapter 11 petition, a remand must be ordered because of an absence of...

Commentary: How to get a seat at the in-house counsel's table.(Column)
November 27, 2006... Byline: Edward Poll Smaller law firms often think that in-house corporate counsel will work only with the mega-firms. Corporate counsel do want to work with a minimal number of contacts, but I believe that small, local firms still have...

Commentary: Is negotiation outside of mediation pre-historic?(Column)
November 27, 2006... Byline: Jeffrey S. Stern I became a member of the bar in 1973, shortly after the last dinosaur was spotted in the Public Garden in Boston. Since that time, I have had the privilege of working as a trial lawyer at one law firm, which may...

Former Rhode Island AG in another public role - as Board of Bar Examiners chairman.(attorney general)(Dennis J. Roberts II)
November 27, 2006... Byline: Rhode Island Lawyers Weekly Staff Continuing a long career in public service, former Rhode Island Attorney General Dennis J. Roberts II is chairing the state's Board of Bar Examiners. In that capacity since Jan. 1, 2004, he leads a...