Rhode Island Lawyers Weekly articles from October 2008

Rhode Island Lawyers Weekly archives from October 2008

School board can't reject job applicant, rules Rhode Island commissioner of education.
October 6, 2008... Byline: Thomas E. Egan A school committee could not reject the appointment of a teacher who relied, to her detriment, on assurances by school officials that she was the candidate for the position, the Rhode Island commissioner of education...

Dispute between union, town has to be arbitrated, rules R.I. Superior Court judge.
October 6, 2008... Byline: Thomas E. Egan An arbitrator must decide whether a town violated a collective bargaining agreement's job bidding provision by not posting an open position on a union bulletin board, a Superior Court judge has decided. The town...

Commentary: With clients, it's best to dress up.(Brief article)
October 6, 2008... Byline: Gretchen Neels Q. This afternoon I met with clients who were somewhat casually dressed. The two men wore jackets and button-down shirts without ties, and the woman had on a jacket and skirt that did not match. This is what I would...

Commentary: would you accept your own response time?
October 6, 2008... Byline: Edward Poll My frustration level has been exceeded! How about yours? Have you had dealings with vendors who fail to respond to your reasonable inquiries and requests? Have you had appointments (doctors and lawyers are the...

Freak Fla. accident gives Providence lawyer new lease on life, new look at law.
October 6, 2008... Byline: Julia Reischel One day last April, veteran Providence trial attorney David G. Morowitz leaned over the side of his idling 16-foot boat off the Florida Keys, anchor in hand and his 9-year-old son, Collin, beside him. Suddenly, the...

Rhode Island Lawyers Weekly News Briefs: October 6, 2008.
October 6, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Local storeowner apologizes for bias Providence storeowner David C. Richardson has signed a public apology for demanding to see a customer's Social Security card last March after hearing the...

Commentary: solicitations by charities require careful consideration by donors.
October 6, 2008... Byline: Kirsten Lovett Have you made a donation to a charitable organization or volunteered in the last year? Was it a random act of philanthropy or a strategically focused commitment that was in line with your business goals? Attorneys...

1st U.S. Circuit Court of Appeals Case Summaries: October 6, 2008.
October 6, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Civil rights Smoke shop raid - Dismissal Where (1) plaintiff members of the Narragansett Indian Tribe brought suit under 42 U.S.C. s.1983 claiming that Rhode Island state officials, including...

U.S. Magistrate Judges Case Summaries: October 6, 2008.
October 6, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Civil practice Stay - First-filed rule Where a defendant has moved to dismiss or, alternatively, to stay this trademark infringement action, the motion should be granted to the extent that it...

Rhode Island Superior Courts Case Summaries: October 6, 2008.
October 6, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Arbitration Union grievance - CBA Where the town of Charlestown has petitioned for a stay of a union's arbitration demand, the petition must be denied on the ground that the dispute is...

Rhode Island District Courts Case Summaries: October 6, 2008.
October 6, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Motor vehicles Chemical test refusal Where the Appellate Panel of the Rhode Island Traffic Tribunal has found that a motorist wrongfully refused to submit to a chemical test in violation of...

Rhode Island Commissioner of Education Case Summaries: October 6, 2008.
October 6, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Education Teacher - Appointment - Estoppel Where the East Greenwich School Committee rejected the School Superintendent's appointment of a teacher to a middle school Latin position, the...

Commentary: binding mediation: a nearly perfect imperfect solution.
October 13, 2008... Byline: Russell Beck No dispute resolution procedure is perfect. Litigation is expensive, protracted, public and risky. Arbitration has become essentially a private litigation with most of its attendant ills, and, even when conducted...

Commentary: are you a business collaborator, or just a lawyer?
October 13, 2008... Byline: Edward Poll In a recent coaching session, an attorney spoke to me about his frustration when he and several colleagues paid a visit to a prospective client. The lawyers were prepared to make a full presentation about the services...

Commentary: Networking at social events a juggling act.(Interview)(Brief article)
October 13, 2008... Byline: Gretchen Neels In Do the Right Thing, consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. Please tell me how to eat, drink, shake hands and...

Litigation consultant: lawyers, experts would do well to keep IP trials 'jury-friendly'.(TrialLab's litigation consultant Dennis V. Thompson)(Interview)
October 13, 2008... Byline: Justin Rebello They're complicated, impersonal, unsexy and, most of all, rare. Intellectual property trials present a variety of challenges for attorneys, not the least of which is explaining complex issues to 12 men and women off...

State of R.I. can't challenge LNG plan: judge: 'indefinite delay' on permit amounts to concurrence.(liquefied natural gas)
October 13, 2008... Byline: Thomas E. Egan A state agency has lost its chance to object to a proposed liquefied natural gas project by choosing the tactic of indefinite delay, a U.S. District Court judge has ruled. The energy company seeking a permit to...

Lender not liable for accounting practices, rules 1st U.S. Circuit Court of Appeals.
October 13, 2008... Byline: Thomas E. Egan A mortgage lender could not be held liable for failing to properly and timely credit a Chapter 13 debtor's pre-petition and post-petition mortgage payments, the 1st U.S. Circuit Court of Appeals has held. The lender,...

Rhode Island Lawyers Weekly News Briefs: October 13, 2008.
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report National charity aims to revoke R.I. charter A charity organization that helps to grant wishes to children with life-threatening medical conditions is pushing to revoke the charter of its...

Providence lawyer to preside over 'remarkable' Rhode Island Association for Justice.(Interview)
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Miriam Weizenbaum, a trial attorney at DeLuca & Weizenbaum in Providence where she specializes in medical negligence and catastrophic injury cases, was elected president of the Rhode Island...

Commentary: technologically savvy attorneys may never have metadata they like.
October 13, 2008... Byline: Henry B. Chace Lawyers produce documents and files, spreadsheets and presentations in electronic format, which are shared with clients, colleagues, the courts and many other sources. Attorneys labor to make sure that the files and...

1st U.S. Circuit Court of Appeals Case Summaries: October 13, 2008.
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Bankruptcy Mortgage lender - Punitive damages - Emotional distress Where a debtor was awarded $250,000 in emotional distress damages and $500,000 in punitive damages for a mortgage lender's...

Bankruptcy Appellate Panel Case Summaries: October 13, 2008.(Brief article)
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Bankruptcy Federal tax lien - Filing Where a U.S. Bankruptcy Court judge overruled the debtors' objection to the secured claim of the Internal Revenue Service, that decision should not be...

U.S. District Court Case Summaries: October 13, 2008.
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Administrative CRMC - Liquefied natural gas Where the Coastal Resources Management Council has delayed acting on a permit application involving the transportation of LNG by tanker ship,...

U.S. Magistrate Judges Case Summaries: October 13, 2008.
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Civil practice Motion to amend complaint - Additional count Where a plaintiff has moved to amend its complaint to add (1) a fraud in the inducement count and (2) supporting factual...

Rhode Island Superior Courts Case Summaries: October 13, 2008.
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Civil practice Default judgment - Excusable neglect Where a default judgment has entered against defendants charged with dumping waste on the plaintiff's property, the judgment should be...

Rhode Island District Court Case Summaries: October 13, 2008.
October 13, 2008... Byline: Rhode Island Lawyers Weekly Staff Report Civil practice Default judgment - Excusable neglect Where a default judgment has entered against defendants charged with dumping waste on the plaintiff's property, the judgment should be...

On national stage, as AGs' leader, R.I. Attorney General Lynch keeps home state in mind.(Rhode Island, attorney general Patrick C. Lynch)(Interview)
October 20, 2008... Byline: Julia Reischel Attorney General Patrick C. Lynch, well into his second term as the state's chief legal officer, was recently sworn in as president of the National Association of Attorneys General, the first Rhode Islander to occupy...

R.I. Supreme Court rules lawyer suspended over client funds showed 'callous indifference'.(Rhode Island)
October 20, 2008... Byline: Thomas E. Egan An attorney who did not intentionally misappropriate his clients' funds should be suspended for a year-and-a-half where he showed indifference to his fiduciary obligations, the Rhode Island Supreme Court has found....

R.I. Human Rights Comm. rules licensee can't bar underage patrons; Eatery liable for age bias.(Rhode Island)
October 20, 2008... Byline: Thomas E. Egan A restaurant's policy of excluding minors is discriminatory and cannot be enforced, the Rhode Island Commission for Human Rights has decided. A 19-year-old patron argued that the respondent restaurant owner's 21+...

Commentary: Do the Right Thing: Brevity: soul of success at seminar.(Gretchen Neels)(Brief article)
October 20, 2008... Byline: Gretchen Neels In Do the Right Thing, Boston-based consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. How would you suggest I best present myself...

Commentary: Coach's Corner: Today's world needs more 'strategic lawyers'.
October 20, 2008... Byline: Edward Poll Late in July, the Wall Street firm of Cadwalader, Wickersham & Taft announced its second round of lawyer layoffs this year, for a total of more than 130 attorneys dismissed. The firm said that 90 percent of the layoffs...

Commentary: Write On: Back to basics: clarity, completeness key to good writing.
October 20, 2008... Byline: Julie Baker and Lisa Healy Write On provides guidance for attorneys on writing legal memoranda and briefs. Welcome back to Write On. The new school year has begun, and to make sure that you didn't forget everything over the...

1st U.S. Circuit Court of Appeals Case Summaries: October 20, 2008.
October 20, 2008... Byline: Rhose Island Lawyers Weekly Staff Search and seizure Police interrogation - Lack of warnings Where a defendant entered a conditional guilty plea to a charge of being a felon in possession of a firearm, reserving the right to appeal...

Rhode Island Supreme Court Decisions: October 20, 2008.
October 20, 2008... Byline: Rhode Island Lawyers Weekly Staff Attorneys Discipline - Suspension Where four complaints have been filed regarding the conduct of an attorney, an 18-month suspension from the practice of law is the appropriate disciplinary measure...

Rhode Island Superior Court Case Summaries: October 20, 2008.(zoning)(Brief article)
October 20, 2008... Byline: Rhode Island Lawyers Weekly Staff Zoning Use variance Where the defendant zoning board denied a plaintiff's application for a use variance, the denial must be reversed and the matter remanded for reconsideration, because the...

Rhode Island Human Rights Commission Case Summaries: October 20, 2008.
October 20, 2008... Byline: Rhode Island Lawyers Weekly Staff Civil rights Age discrimination - Restaurant Where a restaurant, through one of its employees, demanded that a 19-year-old patron leave the premises, the respondent owner of the restaurant must...

Rhode Island Commissioner of Education Case Summaries: October 20, 2008.
October 20, 2008... Byline: Rhode Island Lawyers Weekly Staff Education 'Stay-put' order Where a parent seeks a stay-put order for a student, the proper stay-put placement is the Auditory-Oral Program at the Orchard Farms Elementary School for half the day...

In Rhode Island, as in other states, e-mail can be dangerous for lawyers.
October 27, 2008... Byline: Correy E. Stephenson In Rhode Island, as in other states, e-mail can be a dangerous thing. Thanks to the Uniform Electronic Transactions Act, lawyers and their clients should be careful when they hit "send." The Uniform...

Homeowner's policy covers adult son's car, rules Rhode Island Supreme Court.
October 27, 2008... Byline: Thomas E. Egan An insurance company that issued a homeowner's policy could not deny coverage for a car accident involving the policyholders' adult son who lived with them even though information provided on renewal questionnaires...

Broker's NASD testimony not admissible in federal court, rules 1st Circuit.(National Association of Securities Dealers)
October 27, 2008... Byline: Rhode Island Lawyers Weekly Staff A broker, who was charged by the Securities and Exchange Commission with concealing his identity and that of his clients while trading shares of mutual funds, could not defend against that charge by...

R.I. Supreme Court Case Summaries: October 27, 2008.
October 27, 2008... Byline: Rhode Island Lawyers Weekly Staff Contract Indemnification clause Where (1) an individual, who suffered severe injuries while operating a dyeing machine manufactured by Morton Machine Works, Inc., sued Morton, alleging...

Rhode Island Superior Courts Case Summaries: October 27, 2008.
October 27, 2008... Byline: Rhode Island Lawyers Weekly Staff Habeas corpus Sentencing - Electronic monitored parole Where a defendant has filed a petition for a writ of habeas corpus, requesting that the 449 days he spent on electronic monitored...

1st U.S. Circuit Court of Appeals Case Summaries: October 27, 2008.
October 27, 2008... Byline: Rhode Island Lawyers Weekly Staff Securities Concealment of identity - Scienter Where the Securities and Exchange Commission filed a civil complaint against a defendant broker, alleging violations of 15 U.S.C. s.77q(a), 15 U.S.C....

U.S. Magistrate Judges Case Summaries: October 27, 2008.
October 27, 2008... Byline: Rhode Island Lawyers Weekly Staff Attorneys Discipline - Jurisdiction Where an attorney has filed a motion for an "Order Affirming This Court's Exclusive Disciplinary Jurisdiction with Regard to Matters Heard Before It,"...

Commentary: Developing business a lot like a course in learning the ropes.
October 27, 2008... Byline: Danielle M. DeSiato While not a requirement for being a lawyer, business development is a necessary skill to be a successful one in the long term. For many, it is a skill that does not come naturally. However, there are best...

Commentary: What if you plan seminar, no one shows?(Brief article)
October 27, 2008... Byline: Rhode Island Lawyers Weekly Staff In Do the Right Thing, Boston-based consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. My firm recently invited...

Commentary: How important is it for lawyers to be immediately available to clients?
October 27, 2008... Byline: Edward Poll Several years ago I participated in a blawging exchange concerning a young partner who returned phone calls and e-mails the following day when he had time set aside. The lawyer felt such a response policy increased his...

Commentary: Proceed with caution when using advance waivers of conflict.
October 27, 2008... Byline: Arnold R. Rosenfeld While advance waivers of conflict are an often-used term in engagement letters, they remain a controversial issue in the conflict-of-interest field. The purpose of advance waivers is to protect a law firm...