Rhode Island Lawyers Weekly articles from September 2003

Rhode Island Lawyers Weekly archives from September 2003

U.S. Circuit Court Of Appeals Rules Retrial On Punitives Required In Race Case.
September 1, 2003... Byline: John O. Cunningham A punitive damages instruction should have been given to a jury hearing an employment discrimination suit after it found that the employer intentionally retaliated against the plaintiff based on his ethnicity,...

U.S. District Court Judge Rules ERISA Waiver No Bar To Disability Benefits.
September 1, 2003... Byline: Lisa K. Bruno A worker who released her employer from future claims in return for a severance package was not barred from seeking long-term disability benefits under an employee benefit plan funded by the company's insurer, a U.S....

Preserving Evidence Critical In Fire Cases.
September 1, 2003... Byline: John Cunningham As the epic litigation over Rhode Island's tragic nightclub fire continues, lawyers on the case say that it illustrates many of the complex demands of fire litigation, such as the need to preserve evidence, the need...

U.S. District Court Case Summaries: September 1, 2003.
September 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Insurance LTD Benefits - Release Where a plaintiff insurance company seeks a judgment declaring that, in light of a release signed by a defendant who was injured in a fall at an airport,...

Rhode Island Ethics Commission Case Summaries: September 1, 2003.
September 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Town Councilors - Legal Expenses Where five petitioners are members of the Tiverton town council, it is our opinion that they are required to recuse from participation...

Rhode Island Superior Court Case Summaries: September 1, 2003.
September 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Real Property Cable Access - Wiring Where a plaintiff provider of cable television services seeks a preliminary injunction prohibiting a defendant competitor from using the home run wiring...

U.S. Court of Appeals 1st Circuit Case Summaries: September 1, 2003.
September 1, 2003... Byline: Rhode Island Lawyers Weekly Staff Appeals Waiver - Sentencing - Withdrawal Of Motion Where (1) a defendant reached a plea agreement calling for a 135-month sentence, (2) he then filed a motion seeking to have that sentence...

Rhode Island Lawyer Patrick T. Conley Earns Name As Tax Title 'Guru'.
September 8, 2003... Byline: Jason Scally Patrick T. Conley says "it was an ill wind that blew [him] in" to Providence on the day of the "Great Hurricane of 1938." Despite the weather conditions, Conley stayed on, becoming in the minds of many Rhode Island's...

U.S. Court of Appeals 1st Circuit Case Summaries: September 8, 2003.
September 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Conspiracy - Narcotics Distribution Where a defendant has appealed his conviction for conspiring to distribute, and to possess with intent to distribute, between one-half and five...

U.S. Magistrate Judges Case Summaries: September 8, 2003.
September 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Jurisdiction Personal - Contacts - Website Where (1) a plaintiff Rhode Island optical company has sued a defendant Pennsylvania competitor for unfair competition, trademark infringement...

U.S. Magistrate Judge Rules Company Could Not Sue In R.I. Based On Website.
September 8, 2003... Byline: David L. Yas A Rhode Island optical company could not sue a Pennsylvania competitor for trademark infringement in state court where the defendant company's only connection to the state was a website that can be accessed by Rhode...

R.I. Superior Court Judge Rules Attorney General Must Pay Fine For Prosecutor's Stalling.
September 8, 2003... Byline: Jason M. Scally The Department of Attorney General must pay $1,000 to the Public Defender's Office where a prosecutor failed to timely provide medical records to the defendant, a Superior Court judge has ruled. The defendant,...

Rhode Island Ethics Commission Case Summaries: September 8, 2003.
September 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Conflict Of Interest Town Council Member - Vote Concerning Nearby Property Where an individual is a member of the Exeter town council, it is our opinion that he would be barred by the State...

Rhode Island Superior Court Case Summaries: September 8, 2003.
September 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Criminal Delayed Disclosure Of Exculpatory Evidence Where the Attorney General's Department was grossly negligent in delaying disclosure of certain exculpatory evidence regarding the...

U.S. District Court Case Summaries: September 8, 2003.
September 8, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Dismissal Of Claim - Refusal To Participate In Pretrial Conference Where a pro se plaintiff (1) filed suit claiming that defendant prison officials violated his First...

Commentary: The Pains And Penalties Of Parody.
September 8, 2003... Byline: David L. Yas May it please the court, I offer up the following collection of non-sequiturs and quasi-sequiturs under the pains and penalties of parody... According to published reports, a New York bar is threatening to sue...

R.I. Worker's Compensation Court Rules Judge May Twice Deny Same Comp Claimant.
September 15, 2003... Byline: Rhode Island Lawyers Weekly Staff A worker could not challenge a denial of workers' compensation benefits based on the notion that the judge assigned to hear the case had earlier denied him benefits as part of an appellate panel,...

1st U.S. Circuit Court Of Appeals Rules 'Agreement To Agree' Amounted To A Contract.
September 15, 2003... Byline: David L. Yas A company could not escape a contractual obligation to buy certain products that was formalized in a letter outlining a supply agreement later initiated by the parties, the 1st U.S. Circuit Court of Appeals has held....

R.I. Superior Court Judge Rules Priest's Supervisors Cannot Be Sued For Abuse.
September 15, 2003... Byline: Rhode Island Lawyers Weekly Staff A woman who was sexually assaulted by a priest for a number of years could not sue the priest's supervisors more than three years after the last abuse took place, a Superior Court judge has found....

Rhode Island Lawyers In The News: September 15, 2003.
September 15, 2003... Byline: Rhode Island Lawyers Weekly Staff The Rhode Island Trial Lawyers Association will present a number of awards at its 17th annual awards reception. Providence Mayor David N. Cicilline will be named "Citizen of the Year"; Rhode Island...

Rhode Island Gets A Federal Defender's Office.
September 15, 2003... Byline: Rhode Island Lawyers Weekly Staff It has now been a few months since a Federal Public Defender's Office was established in Rhode Island, reducing the number of private attorneys that must be appointed and paid by the court. ...

Rhode Island Superior Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Contingent Fees - Lead Paint - Outside Counsel Where the Rhode Island Attorney General, in connection with a public nuisance suit brought against defendant lead paint...

Rhode Island Workers' Compensation Court Case Summaries: September 15, 2003.
September 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Due Process - Equal Protection - Sect. 28-35-28 Where an employee has challenged the constitutionality of R.I.G.L. Sect. 28-35-28, a state law which permits a trial...

U.S. Court of Appeals 1st Circuit Case Summaries: September 15, 2003.
September 15, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Forfeiture Where two attorneys, who defended a criminal defendant in a RICO prosecution, have appealed a U.S. District Court order directing them to forfeit some of their...

Commentary: These Ratings Are Overrated.
September 15, 2003... Byline: David L. Yas A few months ago I got a letter in the mail (remember the mail?) with some good news. It came from a company that publishes a national directory of attorneys. "Congratulations," read the letter. "I am pleased to...

U.S. Magistrate Judges Case Summaries: September 22, 2003.
September 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Attorneys Supplemental Fee Request Where a defendant (1) was previously granted an award of attorneys' fees and costs and (2) has subsequently requested additional fees and costs for the...

U.S. District Court Judge Rules Business Owner Can't Sue Over Failed IPO.
September 22, 2003... Byline: Rhode Island Lawyers Weekly Staff A business owner could not sue an underwriter for failing to pursue a public offering for his company where the underwriter had only signed a letter of intent with no contractual obligations, a U.S....

U.S. Bankruptcy Court Judge Denies Debtor Cost Of Kids' Parochial School.
September 22, 2003... Byline: David L. Yas A Chapter 13 bankruptcy debtor could not claim an expense of $750 per month to send his two minor children to parochial school, a U.S. Bankruptcy Court judge has found. The trustee in the case claimed that the...

U.S. Bankruptcy Court Case Summaries: September 22, 2003.
September 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Parochial School Tuition - Chapter 13 Where a Chapter 13 trustee objects to the debtors' claimed expense of $750 per month for parochial school tuition for the debtors' two...

U.S. Court of Appeals 1st Circuit Case Summaries: September 22, 2003.
September 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Practice Removal To Federal Court - Dismissal With Prejudice Where a case was properly removed from state court to federal court pursuant to 28 U.S.C. Sect. 1446, we hold that a U.S....

Lawyer: Fees In R.I. Banks For Columbian Drug Dealers Case Weren't Tainted.
September 22, 2003... Byline: Jeanne Greeley Cranston resident Stephen Saccoccia was convicted in 1993 under federal racketeering statutes and sentenced to 660 years in prison for laundering $136 million through Rhode Island banks for Colombian drug dealers....

U.S. District Court Case Summaries: September 22, 2003.
September 22, 2003... Byline: Rhode Island Lawyers Weekly Staff Civil Rights Prison Employee Defendants - Summary Judgment Requests Where a plaintiff has filed a number of claims against certain defendant prison system employees, I find, based on the...

Commentary: And You Can Quote Me On That.
September 22, 2003... Byline: David L. Yas Today, tired of using my own words (and quietly fearing that you're tired of reading them), I call upon the wisdom of others to wax poetic about our great legal system. I have an affectation for memorable quotes....

Rhode Island Supreme Court 2003 Year-In-Review.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff This is the first of a three-part series reviewing the Rhode Island Supreme Court decisions issued between Sept. 1, 2002 and Aug. 31, 2003. This part of the series looks at the decisions of the...

Rhode Island Lawyers In The News: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff New Associations Cecily V. Banks and Jane E. Rindsberg have joined the faculty of Roger Williams University Ralph R. Papitto School of Law as professors of legal methods. Banks was a litigation...

R.I. Commissioner of Education Case Summaries: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Education Suspension - Misconduct Where a student's parents have appealed their son's three-day suspension from school, it is our opinion that their appeal must be rejected because (1) the...

Rhode Island Superior Court Case Summaries: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Contract Golf Course Acquisition - Financing Advice Where a plaintiff company, which provided defendants financing advice during the course of negotiations concerning a golf course sale,...

U.S. Bankruptcy Court Case Summaries: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Motion To Reopen - Adding Of Creditor Where debtors have moved to reopen their Chapter 7 case so as to add a chiropractor to the list of creditors, the motion should be denied,...

R.I. Supreme Court Ethics Advisory Panel Rules Attorney May Represent Client's Ex-Sister-In-Law.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Rhode Island Supreme Court Ethics Advisory Panel Opinion No. 2003-05 Request No. 866 Issued Sept. 11, 2003 Facts: The inquiring attorney has represented Client A for several years...

1st U.S. Circuit Court Of Appeals Rules Co. Can't Be Forced To Arbitrate Contract Suit.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff A company could not be forced to arbitrate a business dispute where it was not a signatory to the mandatory arbitration clause, the 1st U.S. Circuit Court of Appeals has found. The defendant in...

U.S. Court of Appeals 1st Circuit Case Summaries: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Arbitration Agreement - Foreign Forum Where (1) a plaintiff filed suit charging the defendant with deceit and other state-law wrongs and (2) the defendant, having removed the case to U.S....

Rhode Island Workers' Compensation Court Case Summaries: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Workers' Compensation Back Injury - Evidence Where a trial judge denied a diesel mechanic workers' compensation benefits for a back injury, the judge acted permissibly based on the...

The Honor Is All Theirs: Rhode Island Legal Professionals Recieve Awards.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Judges... lawyers... law librarians. Is there anyone in Rhode Island's legal community who isn't receiving an award these days? * * * Heading up the list of recent award recipients is...

Rhode Island Supreme Court Notice Of Public Hearings: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Editor's note: The R.I. Supreme Court has announced the following public hearings. A full copy of the proposed changes to Article II, Rule 9 (pro hac vice attorneys and in-house counsel) and...

R.I. Supreme Court Ethics Advisory Panel Announces Rulings: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Rhode Island Supreme Court Ethics Advisory Panel Opinion No. 2003-04Request No. 865 Issued Sept. 11, 2003 Facts: The inquiring attorney is the attorney for an unincorporated...

Rhode Island Superior Court Judge Rules Company Can't Recover For Its 'Bad' Finance Advice.
September 29, 2003... Byline: David L. Yas A company that provided a businessman with financial advice concerning the purchase of a golf course could not sue to recover money owed under a contract where the purchaser eventually rejected the company's proposal,...

U.S. Magistrate Judge Case Summaries: September 29, 2003.
September 29, 2003... Byline: Rhode Island Lawyers Weekly Staff Habeas Corpus Voluntariness Of Plea - Medication Where a petitioner, who pled nolo contendere in state court on charges of kidnapping and sexual assault, seeks habeas corpus relief, the...