Rhode Island Lawyers Weekly articles from October 2003

Rhode Island Lawyers Weekly archives from October 2003

Rhode Island Supreme Court Year In Review - Part 2: Decisions Rendered In Criminal Cases.
October 6, 2003... Byline: Rhode Island Lawyers Weekly Staff This is the second of a three-part series reviewing the Rhode Island Supreme Court decisions issued between Sept. 1, 2002 and Aug. 31, 2003. Assault And Battery Where a defendant has...

Rhode Island Superior Court Judge Rules Action To Recover Property Not Frivolous.
October 6, 2003... Byline: John O. Cunningham A plaintiff suing to recover property from an estate could not be sanctioned for a frivolous action solely based on the fact that his conversion suit had been dismissed, a Superior Court judge has ruled. The...

1st U.S. Circuit Court Of Appeals Rules Building Code May Be Forced On Bankrupt Corporation.
October 6, 2003... Byline: Jason M. Scally A town could sue a corporation in order to force it to install fire-protection sprinklers at its seasonal theme park -- even though the corporation had filed for bankruptcy, the 1st U.S. Circuit Court of Appeals has...

Rhode Island Lawyers In The News: October 6, 2003.
October 6, 2003... Byline: Rhode Island Lawyers Weekly Staff New Associations Stephen T. Armato has joined the litigation group at Adler, Pollock & Sheehan in Boston. Armato will focus his practice on toxic torts, products liability and insurance...

Rhode Island Supreme Court Case Summaries: October 6, 2003.
October 6, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Consecutive Sentences - 'Good- Time' Credits Where a Superior Court judge ruled that a Department of Corrections' policy -- disaggregating consecutive sentences when determining...

1st U.S. Circuit Court Of Appeals Case Summaries: October 6, 2003.
October 6, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Automatic Stay - Corporate Debtor Where a Chapter 11 corporation filed suit alleging that the defendant town violated the automatic stay by engaging in state court litigation to...

Commentary: Dishing Out A Few Observations On The Law.
October 6, 2003... Byline: David L. Yas A few years ago, entrenched in my little suburban corner of the world, I felt the need to do something distinctly American and distinctly shallow. I purchased a satellite dish. The dish, as you may know, has...

Rhode Island District Court Case Summaries: October 6, 2003.
October 6, 2003... Byline: Rhode Island Lawyers Weekly Staff Unemployment Compensation Untimely Appeal Where a claimant has appealed an order denying her application for unemployment compensation benefits, the appeal must fail because the claimant...

Rhode Island Superior Court Case Summaries: October 6, 2003.
October 6, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Rule 11 - Estate Property Where a defendant seeks to have sanctions imposed on the plaintiff on the ground that an action filed by the plaintiff -- charging the defendant...

U.S. District Court Case Summaries: October 13, 2003.
October 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional News Leak - Source Where a special prosecutor has moved to compel a television reporter to answer questions regarding the source of a law enforcement surveillance videotape,...

Rhode Island Workers' Compensation Court Case Summaries: October 13, 2003.
October 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Benefit Termination - Acceptance Of Suitable Alternative Employment Where a trial judge ruled against an injured employee on a reinstatement claim, the judge acted...

'Retired' Judge Jacob Hagopian Working Harder Than Ever.
October 13, 2003... Byline: Jeanne Greely U.S. Magistrate JUDGE JACOB HAGOPIAN Born: July 3, 1927; Providence Education: Washington College of Law, 1960; George Washington University, 1957 Judicial appointment: 1971, by U.S. District Court Judge...

1st Circuit Court Of Appeals Rules In Copyright Case, Stores Not Certified As A Class.
October 13, 2003... Byline: Jason M. Scally Retailers that allegedly advertised and sold an artist's copyrighted pattern without her permission could not be certified as a defendant class under the Federal Rules of Civil Procedure, the 1st U.S. Circuit Court...

Rhode Island Human Rights Commission Case Summaries: October 13, 2003.
October 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Employment Sexual Harassment - Retaliation - Truck Driver Where evidence indicates that the respondent operator of a trucking company (1) made explicit sexual comments to a complainant...

Rhode Island Superior Court Case Summaries: October 13, 2003.
October 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Licenses And Permits Insurance - Continuing Education Certificates Where the Department of Business Regulation fined an insurance provider $1,000 for creating a hazard to the public in...

U.S. Court of Appeals 1st Circuit Case Summaries: October 13, 2003.
October 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Certification Of Defendant Class Where a judge allowed the plaintiff in a copyright suit to certify a defendant retailer class, we conclude that the judge (1) erred, as a...

U.S. Magistrate Judge Case Summaries: October 13, 2003.
October 13, 2003... Byline: Rhode Island Lawyers Weekly Staff Employment Handicap Discrimination - Retaliation - University Where a defendant university, which chose not to renew a plaintiff professor's employment contract, seeks summary judgment on...

Commentary: Learning How To Close 'The Deal'.
October 13, 2003... Byline: Rhode Island Lawyers Weekly Staff If you follow baseball, you know that a "closer" is the pitcher who comes into the game in the ninth inning and secures the win. Having a good closer is not an essential element in having a winning...

1st U.S. Circuit Court Of Appeals Rules Parents May Go Pro Se In Dispute Over Special Ed.
October 20, 2003... Byline: Jason M. Scally Parents of a learning-disabled child could appear pro se in a lawsuit brought under the Individuals with Disabilities Education Act, the 1st U.S. Circuit Court of Appeals has ruled. The parents, suing to get...

Rhode Island Superior Court Judge Rules State Officials May Set Redistricting Plan Terms.
October 20, 2003... Byline: John O. Cunningham State officials who reconfigured voting districts were not required to draw the most compact territories possible where they considered numerous other factors in constructing a redistricting plan, a Superior...

Rhode Island Human Rights Commission Case Summaries: October 20, 2003.
October 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Employment Pregnancy Discrimination Where an employer failed to recall a laid-off employee who had recently given birth, the employer committed gender discrimination and should accordingly...

Rhode Island Superior Court Case Summaries: October 20, 2003.
October 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Constitutional Senate Redistricting Statute Where a number of plaintiffs have filed suit alleging that the Rhode Island Senate Redistricting Statute is unconstitutional, I find that their...

R.I. Commission for Human Rights Rules For Pregnant Woman In Bias Suit.
October 20, 2003... Byline: David L. Yas An employer was liable for gender discrimination where it did not re-hire an employee under the false assumption that she did not want to return to work after the birth of her child, the Rhode Island Commission for...

U.S. Court of Appeals 1st Circuit Case Summaries: October 20, 2003.
October 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Automatic Stay - Coercion Where (1) a debtor agreed to a settlement with a creditor after the creditor's attorney allegedly threatened to have the debtor's real estate broker's...

Rhode Island Workers' Compensation Court Case Summaries: October 20, 2003.
October 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Benefit Discontinuance - Neck And Back Injuries Where a trial judge found that an employee's incapacity from work-related neck and back injuries had ended as of June...

U.S. Magistrate Judge Case Summaries: October 20, 2003.
October 20, 2003... Byline: Rhode Island Lawyers Weekly Staff Labor Health Plan Contributions - ERISA Where a plaintiff union's employee welfare benefit plan has filed an ERISA suit claiming to be owed unpaid contributions from the defendant company,...

Commentary: Being Yanked Into Court.
October 20, 2003... Byline: David L. Yas Well, here am I again, your dutiful reporter, standing by as the world of sports and the law collide in an ugly, confusing mess. While the World Series is now upon us and the dust has settled on the American League...

Claims For Toxic Mold May Be Growing In Rhode Island.
October 27, 2003... Byline: John O. Cunningham Lawyers say that legal disputes regarding toxic mold have been slow to arrive in Rhode Island, but are now generating significant activity that will mean more work for tort lawyers. John Deaton, a member of...

1st U.S. Circuit Court Of Appeals Rules Consultant Not Entitled To Stock Benefits.
October 27, 2003... Byline: Jason M. Scally A corporation did not violate federal employment laws by denying employee stock benefits to a former company consultant who was not on the payroll, the 1st U.S. Circuit Court of Appeals has ruled. The former...

U.S. District Court Judge Rules 'Tasteless' Conduct Was Not Sexual Harassment.
October 27, 2003... Byline: Lisa K. Bruno A woman who said her female supervisor made unwanted physical contact with her and directed unwelcome comments towards her could not bring a claim for sexual harassment, a U.S. District Court judge has ruled. The...

Rhode Island Bankruptcy Court Announces Proposed Rules, Forms & Fee Changes.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff OFFICE OF THE CLERK UNITED STATESBANKRUPTCY COURT DISTRICT OF RHODE ISLAND The Federal Center 380 Westminster Mall, 6th Floor Providence, Rhode Island 02903 website:...

Rhode Island Lawyers In The News: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff New Associations Kenneth J. Hill has joined the Boston office of Adler, Pollock & Sheehan. Hill previously practiced in the firm's Providence office, which he joined in 2001. He will continue...

Rhode Island Superior Court Case Summaries: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Social Services Home- Based Therapeutic Services Where (1) plaintiffs sought 40 hours of home-based therapeutic services for their disabled daughter and (2) the defendant Department of...

Verdicts & Settlements October 27, 2003: R.I. jury awards 18K in rear-end collision suit.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff $18,000 Verdict This case arose out a rear-end collision. The defendant claimed a "phantom" third vehicle pushed her vehicle into the plaintiff's vehicle. The jury, which deliberated for less...

U.S. Bankruptcy Court Case Summaries: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Chapter 13 - Liquidated Debt Where a creditor has moved to dismiss the debtors' Chapter 13 case, the motion should be allowed because the debtors' unsecured debts exceed the...

U.S. Court of Appeals 1st Circuit Case Summaries: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Antitrust Chemical Protective Clothing Market Where a plaintiff manufacturer alleged that the defendants violated a Puerto Rico antitrust statute (10 P.R. Laws Ann. Sect. 264) by...

U.S. District Court Case Summaries: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Employment Hostile Work Environment Sex Discrimination - Same- Sex Supervisor Where a plaintiff employee claims that she was subjected to hostile work environment sex discrimination by the...

U.S. Magistrate Judge Case Summaries: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Habeas Corpus Pending Superior Court Proceeding Where a petitioner seeks habeas corpus relief, the petition should be held in abeyance pending resolution of the petitioner's request for...

Rhode Island Ethics Commission Case Summaries: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest School Committee - Sports Official Where a Chariho school committee member wishes to officiate sporting events involving Chariho schools, this would not violate the...

Rhode Island Workers' Compensation Court Case Summaries: October 27, 2003.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Neck Injury Where a trial judge awarded an employee workers' compensation benefits for right carpal tunnel syndrome for the period from May 19, 1999 to Aug. 3, 1999,...

Verdicts & Settlements October 27, 2003: Tourist on boat gets $292,750 over broken hip from fall.
October 27, 2003... Byline: Rhode Island Lawyers Weekly Staff $292,750 Arbitration The 51-year-old plaintiff lived in upstate New York and worked at a physically demanding job as a water treatment plant operator, earning $40,000 per year. He went on an...