Rhode Island Lawyers Weekly articles from September 2004

Rhode Island Lawyers Weekly archives from September 2004

Commentary: special drafting considerations for asset protection trusts.
September 6, 2004... Byline: Alexander A. Bove Jr. and Melissa Langa Language is the currency of the law. And perhaps no more so than in the challenging task of drafting an asset protection trust to be administered in a foreign jurisdiction (a foreign asset...

Rhode Island lawyer Ronald W. Del Sesto is well-versed on uniform state laws.
September 6, 2004... Byline: Tony Wright RONALD W. DEL SESTO Providence Born: Oct. 25, 1940; Providence Education: Boston College Law School, 1965; Georgetown University, 1962 Bar admission: 1965 Professional experience: Private practice...

U.S. District Court denies bankruptcy claim over fraud allegations.
September 6, 2004... Byline: John O. Cunningham A debtor accused of facilitating fraudulent auto insurance claims was ineligible for Chapter 13 protection where the damages from the claims exceeded the statutory cap of $269,250, a U.S. District Court judge has...

U.S. Circuit Court of Appeals allows ERISA suit against a former 'group' member.
September 6, 2004... Byline: Lisa K. Bruno An insurance company may seek a declaratory judgment of non-coverage against a former group policyholder in federal court under ERISA even though the claim was submitted months after the policyholder resigned from his...

Commentary: family limited partnership flips and flops - where are we now?
September 6, 2004... Byline: Kenneth P. Brier The family limited partnership (including its close cousin, the family limited liability company) has long served as the Swiss army knife of estate planning: effective in facilitating a number of possible family...

Rhode Island Court of Appeals rules neighbor's land claim is barred by bankruptcy.
September 13, 2004... Byline: John O. Cunningham A neighbor could not assert an adverse possession claim against a portion of a bankruptcy debtor's land after the land had already been sold in a bankruptcy sale, the 1st U.S. Circuit Court of Appeals has ruled....

R.I. Superior Court rules town is subject to tort suit over zoning error.
September 13, 2004... Byline: Jason M. Scally A property buyer could sue a municipality for negligence where a town official provided erroneous zoning information that ultimately precluded the buyer from operating an automobile dealership, a Superior Court...

Success comes often for Providence trial lawyer Karen A. Pelczarski.(Rhode Island)
September 13, 2004... Byline: John O. Cunningham Most attorneys will tell you that practicing law is mundane compared to the television dramas in which advocates battle it out in court week after week over groundbreaking issues affecting the litigants and the...

Rhode Island's upcoming 'settlement week' touted by Superior Court Judge Joseph F. Rodgers Jr.(Interview)
September 20, 2004... Byline: Jason Scally JUDGE JOSEPH F. RODGERS JR., Superior Court Born: Nov. 18, 1941; Providence Education: Boston University School of Law, 1966; Providence College, 1962 Bar admission: 1967 Judicial appointment: 1976,...

U.S. Circuit Court of Appeals rules inmate may transfer to community confinement.
September 20, 2004... Byline: Lisa K. Bruno The Bureau of Prisons could transfer a federal inmate to serve all or part of his sentence in community confinement -- despite a Justice Department policy restricting such placement to the last 10 percent of the...

R.I. 1st Circuit Bankruptcy Appellate Panel denies debtor the right to switch to Chapter 13.
September 20, 2004... Byline: John O. Cunningham A debtor who filed defective disclosure schedules in a Chapter 7 bankruptcy did not have an absolute right to switch to a Chapter 13 reorganization of debt, the 1st Circuit Bankruptcy Appellate Panel has ruled....

Commentary: finding the right way to explain a negative.(job hunting after getting laid off)
September 27, 2004... Byline: Stephen E. Seckler Daniel Smart was having a difficult time with his job search. Dan (whose name has been changed for this article) had an impressive resume. He graduated with honors from a top law school and spent four years at a...

U.S. District Court judge rules real-estate broker not liable for silence on presence of lead paint.
September 27, 2004... Byline: John O. Cunningham A real-estate broker who sold a residence in North Providence was not liable to the buyer's tenants for failure to disclose the presence of lead paint on the premises, a U.S. District Court judge has ruled. ...

Commentary: remembering my first - and only - time in the court room.(Rhode Island)
September 27, 2004... Byline: David Yas There's a scene in the film "Goodfellas" where antihero Henry Hill is arrested for the first time for selling stolen cigarettes as a teen. (He gets "pinched," to use the appropriate Mob vernacular.) Anyway, Henry is...