Rhode Island Lawyers Weekly articles from September 2005

Rhode Island Lawyers Weekly archives from September 2005

Massachusetts Supreme Court Orders: September 5, 2005.
September 5, 2005... Byline: Rhode Island Lawyers Weekly Staff Supreme Court In re Amendment to Article II, Rule 2 (Limited Admission of Law School Faculty) O R D E R Article II, Rule 2 of the Supreme Court rules entitled, "Attorney Admitted...

Hospital loses right to arbitrate after delay, 1st Circuit Court of Appeals.
September 5, 2005... Byline: Tony Wright A hospital was not entitled to arbitrate a contract dispute with one of its doctors despite the presence of an arbitration clause after a jury verdict had already been rendered in favor of the doctor, the 1st U.S....

Verdicts & Settlements September 5, 2005: Patron trips, falls on cement stairs at brewery.(Brief Article)
September 5, 2005... Byline: Rhode Island Lawyers Weekly Staff On or about Aug. 23, 2003, at approximately 9:45 p.m., the plaintiff was in the outdoor courtyard at the Union Station Brewery waiting for a table for dinner when she tripped going up the two...

1st U.S. Circuit Court of Appeals Case Summaries: September 5, 2005.
September 5, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Stock redemption note - Subordination Where a stock redemption note was delivered in partial liquidation of the retirement benefits of a retiring employee under an employee...

U.S. District Court Case Summaries: September 5, 2005.
September 5, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil rights 'Smoke shop' - Trooper - Qualified immunity Where a plaintiff member of a Native American tribe filed suit against a defendant state trooper who executed a search warrant at...

U.S. Magistrate Judges Case Summaries: September 5, 2005.
September 5, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Service of process Where a plaintiff inmate filed a civil rights complaint against a number of named corrections department defendants but did not effect service upon any of...

R.I. Supreme Court Case Summaries: September 5, 2005.
September 5, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Discovery - Dismissal Where a complaint was ordered dismissed, this order was valid in light of the plaintiff's failure to comply with discovery obligations. "On...

Superior Court Case Summaries: September 5, 2005.
September 5, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Summary judgment - Statute of limitations Where two defendants have moved for summary judgment in a damage action, contending that the plaintiff's complaints were not filed...

Rhode Island Supreme Court says insurance coverage denial may violate ADA.(Americans with Disabilities Act)
September 12, 2005... Byline: David E. Frank A health insurance provider that refused coverage to a disabled applicant it had deemed "high risk" may have been in violation of the Americans with Disabilities Act, the Rhode Island Supreme Court has ruled. ...

Elderly worker cannot sue employer for age bias.
September 12, 2005... Byline: Tony Wright A 72-year-old woman could not sue her employer for age bias where there was no proof of "serial" discriminatory conduct that fell within the three-year statute of limitations period, the Rhode Island Supreme Court has...

Rhode Island lawyers plan outreach to Katrina victims.
September 12, 2005... Byline: Tony Wright As the Rhode Island judiciary assesses its own emergency plans in the wake of Hurricane Katrina, local lawyers stand poised to help Gulf Coast evacuees navigate their way through the murky waters of state and federal...

1st U.S. Circuit Court of Appeals Case Summaries: September 12, 2005.
September 12, 2005... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Public access - Examiner's report Where appellants claim that a bankruptcy examiner's report should be redacted or sealed, their assertion must be rejected on the ground that...

U.S. Magistrate Judges Case Summaries: September 12, 2005.
September 12, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Injunction requests Where a plaintiff has requested a preliminary injunction, I find that her request should be denied, as she has established no legitimate basis upon which...

R.I. Supreme Court Case Summaries: September 12, 2005.
September 12, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil rights False arrest - Malicious prosecution Where a defendant, who was arrested pursuant to an arrest warrant and prosecuted for simple assault, filed a civil suit alleging malicious...

Superior Court Case Summaries: September 12, 2005.
September 12, 2005... Byline: Rhode Island Lawyers Weekly Staff Arbitration Deputy sheriffs - Extradition trips Where an arbitrator ordered the state to place certain deputy sheriffs into the overtime rotation for out-of-state extradition trips and to...

R.I. District Court Case Summaries: September 12, 2005.
September 12, 2005... Byline: Rhode Island Lawyers Weekly Staff Unemployment compensation Dissatisfaction with assignment Where an employee (1) reported for work, (2) was told she was scheduled to work on a floor different from the one to which she was...

State Ethics Commission Case Summaries: September 12, 2005.
September 12, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Planning board - Physician Where the petitioner, a member of the North Smithfield planning board, is a patient of a doctor opposed to a commercial development...

U.S. Magistrate Judges Case Summaries: September 19, 2005.
September 19, 2005... Byline: Rhode Island Lawyers Weekly Staff Arbitration Franchise agreement Where a defendant has moved to dismiss a complaint brought by the plaintiffs pursuant to a franchise agreement, the motion should be allowed, as the...

Rhode Island Superior Court Case Summaries: September 19, 2005.
September 19, 2005... Byline: Rhode Island Lawyers Weekly Staff Zoning Minor subdivision Where the North Kingstown zoning board upheld a planning board denial of the plaintiffs' application for a minor subdivision, the zoning board acted permissibly...

R.I. District Court Case Summaries: September 19, 2005.(Brief Article)
September 19, 2005... Byline: Rhode Island Lawyers Weekly Staff Unemployment compensation Voluntary departure without good cause Where a claimant formerly employed as a gardener seeks unemployment benefits, that claim must be denied based on evidence...

Rhode Island State Ethics Commission Case Summaries: September 19, 2005.
September 19, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Executive director - Organizational membership Where an individual is the Executive Director of the Rhode Island Underground Storage Tank Financial Responsibility Fund...

U.S. District Court judge rules school board not required to accommodate teacher.
September 19, 2005... Byline: Lisa K. Bruno A school board had no legal obligation to accommodate a teacher with neck and back problems where the teacher failed to show how her restrictions substantially limited any major life activity and where her known...

Rhode Island Trial Lawyers Association ready for face-off with tort reformers.
September 19, 2005... Byline: Tony Wright There's a storm brewing in Rhode Island. No, there are no hurricanes threatening the state. Rather, it's a showdown in the Legislature over whether the tort system needs to be revamped, or if it is the...

1st U.S. Circuit Court of Appeals Case Summaries: September 19, 2005.
September 19, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Sanction - Discovery Where a New Hampshire attorney was sanctioned for discovery misconduct, the sanction should be affirmed, but one of the factual findings in support of it...

U.S. District Court Case Summaries: September 19, 2005.
September 19, 2005... Byline: Rhode Island Lawyers Weekly Staff Employment ADA - Teacher Where a plaintiff high school biology teacher has sued a defendant school board, claiming that it engaged in discrimination in violation of the Americans with...

Commentary: Quiet After The Storm: Do You Feel Lucky?
September 26, 2005... Byline: David Yas Even though it was just an e-mail, I swear I could hear the sadness in Jodi's voice. "It is really hard right now," she wrote. "I don't know if my home has been ruined or looted." The message was from an editor...

1st U.S. Circuit Court of Appeals Case Summaries: September 26, 2005.(cases of breach of contract, civil rights and joint venture)
September 26, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Removal - Class action Where the defendant, named in two state court class actions filed on Jan. 13 and Feb. 11, 2005, removed those cases to the federal court pursuant to...

U.S. District Court Case Summaries: September 26, 2005.
September 26, 2005... Byline: Rhode Island Lawyers Weekly Staff Criminal Sentencing - Cocaine Where a defendant has been convicted of possession with intent to distribute more than five grams of cocaine base within 1000 feet of a school, he should be...

U.S. Magistrate Judges Case Summatries: September 26, 2005.(laws for civil procedure, civil rights and illegally possessing a firearm)
September 26, 2005... Byline: Rhode Island Lawyers Weekly Staff Civil practice Improper venue - Pro se plaintiff Where a pro se plaintiff has filed a complaint against a number of defendants, the complaint should be dismissed, without prejudice, on the...

R.I. Supreme Court Case Summaries: September 26, 2005.
September 26, 2005... Byline: Rhode Island Lawyers Weekly Staff Constitutional Casino Act Where the Rhode Island House of Representatives has voted to adopt an amended Casino Act, the proposed legislation would be constitutionally infirm. "We...

Superior Court Case Summaries: September 26, 2005.
September 26, 2005... Byline: Rhode Island Lawyers Weekly Staff Attorneys Fees - Mechanic's lien Where a plaintiff in this mechanic's lien case seeks $52,942.80 in attorneys' fees, that request must be denied on the ground that the majority of the...

Commissioner of Education Case Summaries: September 26, 2005.
September 26, 2005... Byline: Rhode Island Lawyers Weekly Staff Education Denial of promotion Where the Tiverton School Committee has decided not to promote a student to the second grade, the School Committee's decision will be affirmed in light of...

Rhode Island State Ethics Commission Case Summaries: September 26, 2005.
September 26, 2005... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Town planner - Work as consultant Where the petitioner is a part-time town planner for the town of Exeter, it is our opinion that he is permitted by the State Code of...