Rhode Island Lawyers Weekly articles from October 2005

Rhode Island Lawyers Weekly archives from October 2005

Verdicts & Settlements (October 3, 2005): Plaintiff's awarded for father's death in hospital.(Brief Article)
October 3, 2005... Byline: Rhode Island Lawyers Weekly Staff $900,000 Settlement The plaintiff's decedent sought emergency room treatment for difficulty breathing. He was not seen by a doctor or given definitive treatment until he suffered respiratory...

1st U.S. Circuit Court of Appeals Case Summaries: October 3, 2005.(Karim v. Gonzales)(Tripp v. Cole)
October 3, 2005... Byline: Rhode Island Lawyers Weekly Staff Immigration Removal order - Voluntary departure Where the plaintiff, a native of Lebanon, has appealed a Board of Immigration Appeals decision upholding rulings by an immigration judge...

U.S. District Court Case Summaries: October 3, 2005.(United States v. Potter)(Gray v. Derderian)
October 3, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal New trial motion - Prosecutor's comments Where defendants move for a new trial on the basis of inappropriate comments the prosecutor made to the jury, the motion should be denied...

U.S. Magistrate Judges Case Summatries: October 3, 2005.(United States v. Michaels )
October 3, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Supervised release - Revocation Where a defendant has violated the terms of his supervised release by being removed from a work release program for engaging in disruptive and...

Superior Court Case Summaries: October 3, 2005.(Caseau, et al. v. Belisle)
October 3, 2005... Byline: Rhode Island Lawyers Weekly Staff Real property Sale - Misrepresentation - Disclosure form Where a jury ruled in favor of plaintiffs who, having purchased land from the defendants, sued over conditions on the property that...

Workers' Compensation Court Case Summaries: October 3, 2005.(Marriott v. D'Anzi)
October 3, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation End of incapacity - Fraud allegation Where (1) a trial judge ruled that an employer had proved that an employee's incapacity had ended but not that the employee had...

U.S. Bankruptcy Court rules owners of bankrupt nightclub do not owe children of ex-workers.
October 10, 2005... Byline: Ariana L. Johnson Owners of a nightclub who declared bankruptcy do not have to pay workers' comp benefits to the minor children of employees who were killed in a 2003 fire at the club, a U.S. Bankruptcy Court judge has ruled. ...

U.S. magistrate judge rules fired Wal-Mart stocker cannot sue for racial bias.
October 10, 2005... Byline: Tony Wright An African-American stocker for Wal-Mart who was laid off could not sue for racial discrimination even where the retailer failed to follow its own guidelines for implementing a reduction in force, a U.S. magistrate...

New consumer bankruptcy law goes into effect on Oct. 17.
October 10, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) The sweeping new consumer bankruptcy law goes into effect next week, as attorneys deal with the influx of clients...

R.I. Supreme Court amends Rules of Appellate Procedure.(Rhode Island)
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Amendment to Article I, Rules 12A and 13 (Certiorari Petitions subject to prebriefing procedures) O R D E R Section 1. Subdivisions (1), (3), (4), (6) and...

R.I Superior Court implements Mandatory Mediation Program for medical malpractice.
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE , SC. ADMINISTRATIVE ORDER NO. 2005-19 RE: MANDATORY MEDICAL MALPRACTICE MEDIATION 1. The Superior...

R.I. Superior Court announces discovery, disclosure provisions in med-mal cases.
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT PROVIDENCE, SC. ADMINISTRATIVE ORDER NO. 2005-20 RE: GENERAL PROVISIONS CONCERNING DISCOVERY AND DISCLOSURE IN...

1st U.S. Circuit Court of Appeals Case Summaries: October 10, 2005.(DePoutot v. Raffaelly)(United States v. Rodriguez-Casiano )
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil rights Police - Breath test Where a plaintiff motorist alleges that his right to substantive due process was violated when the defendant police officer refused to permit the...

U.S. District Court Case Summaries: October 10, 2005.(Diep v. United States)
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Motions for judgment of acquittal - Wire fraud Where (1) a jury found the defendants guilty on some counts charging honest services wire fraud and conspiracy to commit honest...

U.S. Bankruptcy Court Case Summaries: October 10, 2005.(Brief Article)
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Automatic stay - Workers' Compensation Court proceeding Where two Chapter 7 debtors are subject to a civil contempt proceeding in Workers' Compensation Court, the automatic stay...

U.S. Magistrate Judges Case Summaries: October 10, 2005.(United States v. Miles )(Dias v. Wal-Mart Stores, Inc.)(O'Brien v. Barnhart )
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Supervised release - Violation of terms Where a defendant (1) failed to complete successfully five months of supervised release in community confinement, (2) did not file required...

Rhode Island Superior Court Case Summaries: October 10, 2005.(State v. Germane)(Mehrvar v. Van Heyningen)
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Corporate Derivative action - No pre-suit demand Where a plaintiff shareholder has filed a derivative suit against the defendant corporate board of directors and against the corporation...

R.I Human Rights Commission Case Summaries: October 10, 2005.(Rhode Island)(McCue v. Brunelle )
October 10, 2005... Byline: Rhode Island Lawyers Weekly Staff Employment Harassment - Discrimination - Retaliation Where a complainant charges the respondent union shop steward with discrimination, retaliation and harassment in the workplace, the...

U.S. District Court bars suit in R.I. versus cybersquatters.(Subsalve USA Corp. v. Watson Manufacturing Inc.)
October 17, 2005... Byline: Tony Wright A Providence company could not sue two out-of-state defendants in Rhode Island for trademark and copyright infringement where the only connection to the forum state was the alleged claims of infringement through the...

U.S. District Court rules man can't sue Providence Police Department for harassment.(Zendran v. Providence Police Department)
October 17, 2005... Byline: Tony Wright A man alleging civil rights violations by Providence police officers could not sue the Police Department where it is not considered a "person" for Sect. 1983 actions, a U.S. District Court judge has found. The...

Trial consultants challenged as influence grows.
October 17, 2005... Byline: Nora Lockwood Tooher In the decade since the O.J. Simpson trial brought trial consultants to national prominence, their role has continued to expand to the point where the profession is now fending off challenges to its growing...

1st U.S. Circuit Court of Appeals Case Summaries: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Sentencing - 'Booker' Where defendants have been convicted of conspiracy to possess with intent to distribute cocaine and heroin, we find no basis on which to vacate the...

U.S. District Court Case Summaries: October 17, 2005.(Public Notice)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Objection to memorandum and order Where a defendant has objected to a U.S. magistrate judge's memorandum and order in the present case, I find that the objection must be...

U.S. Magistrate Judges Court Case Summaries: October 17, 2005.(Allstate Insurance Co. v. Huelbig)(Lifespan Physicians Professional Service Organization, v. Healthcare Value Management Inc)(Chandonnett v. Barnhart )
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Default judgment - Insurance fraud Where a plaintiff insurance company seeks entry of a $972,996 default judgment against eight defendants accused of participating in an...

R.I. Supreme Court Case Summaries: October 17, 2005.(Marjorie R. Yashar)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Judges Misconduct - Traffic Tribunal Where a Rhode Island Traffic Tribunal Magistrate Judge has admitted to the substance of charges against her and has agreed to waive her right to a...

Providence Superior Court Case Summaries: October 17, 2005.(Dulgarian v. Zoning Board of Review of City of Providence)(Brief Article)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Zoning Special use permits - Dimensional variance Where (1) defendant landowners wished to change the use of their Providence building from offices and a showroom to four artist lofts, two...

Workers' Comp. Court Case Summaries: October 17, 2005.(Workers' compensation)(Brief Article)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Partial incapacity - Surgery Where an employer has appealed decisions that an employee is entitled (1) to partial incapacity benefits due to her work-related...

Commissioner of Education Case Summaries: October 17, 2005.(Gordon v. The Beacon School )(Brief Article)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Education Damages - Termination of teacher Where a termination of a special education teacher has been found to have been invalid, he should be awarded lost wages and benefits in the...

Verdicts & Settlements (October 17, 2005): Driver ejected from car after being rear-ended.(Scully v. Quadri)(Brief Article)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff $1.5 Million Judgment The defendant rear-ended the plaintiff's vehicle in stop-and-go traffic on Interstate 95 in Providence, and the impact drove the plaintiff's vehicle up and over the jersey...

R.I Supreme Court issues order censuring Judge Yashar for misconduct.(Rhode Island )(Marjorie R. Yashar)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff Supreme Court No. 05-271-M.P. In re: Marjorie R. Yashar Magistrate Judge for the Rhode Island Traffic Tribunal O R D E R This matter came before the Court in conference on the...

The kid stays on the witness stand.
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff News item: Police in Pawtucket had to step in recently when two young boys fought over a pacifier. It started when a 6-year-old boy dropped a pacifier. Another 6-year-old boy picked it up and...

Verdicts & Settlements (October 17, 2005): Worker injured when overhead garage door collapses.(Graichen v. Thielsch Engineering, Inc)(Brief Article)
October 17, 2005... Byline: Rhode Island Lawyers Weekly Staff $196,000 Arbitration Award During the course of operating a large overhead garage door leading to a loading dock, the plaintiff sustained injuries to his right shoulder, neck and left wrist...

1st U.S. Circuit Court of Appeals Case Summaries: October 24, 2005.
October 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Arbitration Review - Choice of law Where a plaintiff argues that an arbitration award should have been reviewed in U.S. District Court under the standard of review applicable in Puerto...

U.S. District Court Case Summaries: October 24, 2005.(Brief Article)
October 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Social services Benefit denial Where a U.S. magistrate judge has recommended affirmance of a benefit denial decision issued by the defendant Commissioner of Social Security, I will adopt...

U.S. Magistrate Judges Case Summaries: October 24, 2005.
October 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Motion to amend discovery schedule and compel document production Where the plaintiffs in a class action suit alleging ERISA violations have moved to amend the discovery...

Superior Court Case Summaries: October 24, 2005.
October 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal 'Ineffective assistance' claim Where a defendant, who was convicted of possession of heroin and drug paraphernalia with intent to deliver, has moved for post-conviction relief,...

Workers' Compensation Court Case Summaries: October 24, 2005.
October 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Reinstatement - Available position Where an employee's request for reinstatement following her receipt of workers' compensation benefits was denied, that ruling...

Commissioner of Education Case Summaries: October 24, 2005.
October 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Education Bus transportation Where the foster parent of a second-grade student has asked that the student be provided transportation to and from school for the 2005-2006 school year, I...

State Ethics Commission Case Summaries: October 24, 2005.
October 24, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Underground Storage Tank Review Board member - Private client Where the petitioner is a Commissioner on the Rhode Island Underground Storage Tank Review Board, it is...

Phone co.'s arbitration award can't be vacated.
October 24, 2005... Byline: David E. Frank A telephone company could not vacate a multi-million-dollar arbitration award governed by federal law even where the arbitration agreement contained a more "favorable" choice-of-laws clause, the 1st U.S. Circuit...

Low 401(k) returns may lead to lawsuits.
October 31, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) As baby boomers retire over the new few decades, a wave of lawsuits may develop against former employers and plan...

U.S. Magistrate Judges Case Summaries: October 31, 2005.(Boudreau v. Bacou USA, Inc)
October 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Motion to amend administrative record - Letter Where a plaintiff has moved to amend the administrative record for judicial review so as to add to it a letter from a...

R.I. Supreme Court Case Summaries: October 31, 2005.
October 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Probation violation - Attempted breaking and entering Where a defendant was found to have violated the terms and conditions of probation, such a finding was warranted by evidence...

Rhode Island Ethics Commission Case Summaries: October 31, 2005.(Brief Article)
October 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest North Smithfield Town Council President - Vote on pending litigation Where a petitioner is President of the North Smithfield Town Council, it is our opinion that he is...

R.I. Superior Court rules club owners cannot get pre-trial subpoenas.(Rhode Island)(State v. Derderian)
October 31, 2005... Byline: Ariana L. Johnson The owners of the Station nightclub could not request pretrial subpoenas compelling state and local officials to produce copies of any criminal violations of the "foam statute" where notice was not first given to...

1st U.S. Circuit Court of Appeals Case Summaries: October 31, 2005.(Puerto Rico Ports Authority v. Barge)(United Parcel Service, Inc. v. Union de Tronquistas de Puerto Rico, Local)(Public Offering PLE Antitrust Litigation)
October 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Administrative Exhaustion - SBA Where a plaintiff employee of the defendant Small Business Administration brought suit alleging that his transfer from Puerto Rico to Illinois was...

Rhode Island Superior Court Case Summaries: October 31, 2005.(State v. Derderian)(State v. Biechele)(Kessler v. City of Providence)
October 31, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil service Police officer - Untruthfulness Where a hearing committee has concluded that a police sergeant should be demoted to patrolwoman and suspended without pay for six months, the...

List of individuals who pass July, 2005 Rhode Island Bar Exam.
October 31, 2005... Byline: Rhode Island Lawyers Weekly Staff The following individuals were successful on the July 2005 Rhode Island Bar Examination and must be certified by the Committee on Character and Fitness before admission. A single asterisk (*)...

1st Circuit upholds conviction following anonymous 911 call.
October 31, 2005... Byline: Ariana L. Johnson A jury could convict a man for possession of a firearm, even where his capture was based on a tip from an anonymous 911 call, the 1st U.S. Circuit Court of Appeals has ruled. The decision represents the first...