Rhode Island Lawyers Weekly articles from September 2006

Rhode Island Lawyers Weekly archives from September 2006

Interview with Thomas W. Lyons III: R.I. Bar Assn. President.(Interview)
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Whether the Rhode Island Rules of Professional Conduct should mirror the American Bar Association's model ethical guidelines on client confidentiality remains a hotly debated subject some three...

From Cumberland Police Department badge to bar card.(Ralph R. Liguori)
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff After 20 years with the Cumberland Police Department, Ralph R. Liguori will finally be stepping into a suit and tie full time as he leaves one facet of the legal world for another -- this time on...

Issuing a legal opinion: Business Law: September 4, 2006.
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff In this Hearsay feature, Lawyers Weekly asks random lawyers about issues related to the business of law. Q. Are parking tickets a necessary evil for attorneys moving from court to court on a...

1st U.S. Circuit Court of Appeals rules company not required to allow employee to work remotely.(Mulloy v. Acushnet Co.)
September 4, 2006... Byline: Eric T. Berkman A manufacturer did not violate the Americans with Disabilities Act by refusing to allow an engineer, who claimed his asthma was aggravated by chemicals used in the company's plant, to work remotely, the 1st U.S....

R.I. Superior Court rules No 'dwelling exemption' in criminal firearm law.(State v. Paolantonio)
September 4, 2006... Byline: David E. Frank A defendant charged with carrying a firearm while under the influence of alcohol was not entitled to have his case dismissed even though the crime took place inside his house, a Superior Court judge has determined....

R.I. State Ethics Commission Case Summaries: September 4, 2006.
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Specialist - Private employment Where the petitioner is employed as an eGovernment Specialist with the city of Warwick, it is our opinion that he is permitted by the...

R.I Superior Court Case Summaries: September 4, 2006.
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Carrying a firearm while intoxicated Where a defendant (1) has moved for dismissal of a criminal information count charging him with carrying a firearm while intoxicated and (2)...

1st U.S. Circuit Court of Appeals Case Summaries: September 4, 2006.
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Contract Intellectual property rights Where a plaintiff sued a defendant corporation, alleging breach of contract and infringement of the plaintiff's intellectual property rights, we hold...

U.S. District Court Case Summaries: September 4, 2006.
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Entry of judgment - Rule 54(b) Where two defendants, who have been dismissed from the present suit by means of individual dismissal stipulations, now seek the entry of final...

U.S. Magistrate Judges Case Summaries: September 4, 2006.
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Insurance Waste site - Discoverability of contamination Where an insurance company claims that its policy does not apply to an environmentally contaminated site, cross-motions for summary...

R.I. Lawyers in the News: September 4, 2006.
September 4, 2006... Byline: Rhode Island Lawyers Weekly Staff Jeffrey A. Nemecek has joined Tillinghast Licht in Providence as chairman and a partner of the public finance practice group.

Commentary: Taking the mystery out of the hiring process.(Column)
September 4, 2006... Byline: Edward Poll Technology has conspired with traditional attitudes to make many solo practitioners think they truly can go it alone. However, if you believe that the only things done right are the things you do yourself, you'll...

Commentary: When 'irrevocable' doesn't really mean irrevocable.(Irrevocable Life Insurance Trust's estate planning)(Column)
September 4, 2006... Byline: Perry Ganz At the time, it seemed an appropriate estate planning strategy: purchase life insurance, set up an Irrevocable Life Insurance Trust (ILIT), name trusted friends and advisors John and Jane as co-trustees, and following...

Commentary: A look at brothels, Starbucks coffee and Tae Bo.(Column)
September 18, 2006... Byline: Kirk Teska Who owns Nevada's famous (or infamous, depending on your point of view) Mustang Ranch? For a while at least, it was the U.S. government. Taken in 1999 by the government after the operators of the ranch were convicted...

Rhode Island lawyer: soon-to-be implemented changes will clarify federal e-discovery rules.
September 18, 2006... Byline: Rhode Island Lawyers Weekly Staff A number of major rule changes pertaining to the discovery of electronic evidence in federal cases go into effect on Dec. 1. One aspect of the changes is that parties will be required to...

Dean of Rhode Island's only law school believes "it's all about the students".
September 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Managing partners take note: There's a new breed of scholars going through law school in Rhode Island, and they have the support of a dean who believes "it's all about the students." David A....

Lawyers Weekly asks random lawyers about best place in Rhode Island to go for a business lunch.(Brief article)
September 18, 2006... Byline: Rhode Island Lawyers Weekly Staff In this Hearsay feature, Lawyers Weekly asks random lawyers about issues related to the business of law. Q. Where is the best place in Rhode Island to go for a business lunch? "The Pot Au...

1st Circuit rules disabled teacher can't sue over accommodation delay.(Carmona-Rivera v. Commonwealth of Puerto Rico)
September 18, 2006... Byline: Noah Schaffer A disabled teacher who was granted a private bathroom as part of a settlement could not sue for retaliation after construction of the bathroom was delayed, the 1st U.S. Circuit Court of Appeals has found. The...

RI Superior Court judge rules out-of-state automaker can't avoid state's punitives.(Dodson v. Ford Motor Co.)
September 18, 2006... Byline: Eric T. Berkman A Michigan automaker cannot avoid the state's punitive-damages statute where the manufacturer was sued over a fatal car fire that occurred in Rhode Island, a Superior Court judge has ruled. The defendant...

Superior Court Case Summaries: September 18, 2006.(Town of Westerly Police Department v. Burton)(Dodson v. Ford Motor Co.)(Picerne, et al. v. Gilman, et al.)
September 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil service Police officer - Hearing - Notice Where a hearing committee, convened in accordance with the Law Enforcement Officers' Bill of Rights, dismissed charges brought by the...

1st U.S. Circuit Court of Appeals Case Summaries: September 18, 2006.(Subsalve USA Corporation v. Watson Manufacturing Inc.)(United States v. Potter et al.)(Carmona-Rivera v. Commonwealth of Puerto Rico.)
September 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Order - Dismissal - Transfer Where, in a suit involving allegations of trademark and copyright infringement, unfair competition and cybersquatting, a federal judge issued an...

U.S. Magistrate Judges Case Summaries: September 18, 2006.(Wheelock, et al. v. State, et al.)(Figueroa v. Wall, et al.)(Brief article)
September 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil practice Class certification - Inmate suit Where four plaintiff prison inmates (1) have filed a civil rights action against a number of defendant correctional officials and (2) now...

Attorneys with Providence office of Nixon Peabody selected as "The Best Lawyers in America".(Gregory L. Benik, Peter V. Lacouture, Neal J. McNamara, Andrew B. Prescott, Stephen D. Zubiago)(Brief article)
September 18, 2006... Byline: Rhode Island Lawyers Weekly Staff Gregory L. Benik, Peter V. Lacouture, Neal J. McNamara, Andrew B. Prescott and Stephen D. Zubiago, of the Providence office of Nixon Peabody, have been selected for inclusion in the 2007 edition of...

Commentary: Law firm accounting 101: a brief lesson.
September 18, 2006... Byline: Edward Poll There are two basic methods for keeping track of law firm financial performance: accrual versus cash accounting. Accrual records reflect income irrespective of whether cash has been collected. In other words,...

Commentary: Info systems: what they can do and how much they cost.(information systems)(Column)
September 18, 2006... Byline: Rick Trilling My most recent two columns reviewed how and why the business world in general and the legal profession in particular use information systems to gain competitive advantages. In this column, the last of our "summer...

Massachusetts' own Maria Lopez takes to the tube: Legal history in the making?
September 25, 2006... Byline: Massachusetts Lawyers Weekly (This article originally ran in Massachusetts Lawyers Weekly, another Dolan Media publication). You might recall the scene in the film "Rain Man" where Tom Cruise's character tells his brother in...

Commentary: Six-month leave is life-changing sojourn for lawyer.(Leslie Blickenstaff)
September 25, 2006... Byline: Patricia Campbell Malone Following is the first in a series of articles that will appear occasionally on lawyers pursuing noble causes. In the late fall of 2002, Leslie Blickenstaff asked for and received a six-month leave from...

Commentary: Revisiting the issue of trust accounts and commingling funds.(Column)
September 25, 2006... Byline: Edward Poll I've written before on the issue of trust accounts and general accounts, and the importance of avoiding commingling between the two. It's an issue that refuses to go away, because handling the money of others must...

1st U.S. Circuit Court of Appeals rules reliance on guidelines for crack offense was proper.
September 25, 2006... Byline: Noah Schaffer A judge properly relied on the federal sentencing guidelines' disparate treatment of crack cocaine offenses -- as opposed to powder -- when he sentenced a defendant to 75 months in prison, the 1st U.S. Circuit Court...

Superior Court judge rules arraignment delay didn't violate right to a speedy trial.
September 25, 2006... Byline: Eric T. Berkman The state did not violate a criminal defendant's right to a speedy trial by secretly indicting him and then taking two years to arraign him, during which time he was already in prison on another charge, a Superior...

1st U.S. Circuit Court of Appeals rules to uphold 'Terry' stop based on mistake of fact.
September 25, 2006... Byline: Jason M. Scally (This article originally ran in Massachusetts Lawyers Weekly, another Dolan Media publication). Police officers were justified in stopping a car and seizing contraband, even where a computer in their cruiser...

Notices from the Court Case Summaries: September 25, 2006.
September 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Hearing on conduct rules is scheduled Supreme Court In re Proposed Rhode Island Rules of Professional Conduct with Proposed Comments ORDER On March 24, 2006, this Court invited...

R.I. Superior Court Case Summaries: September 25, 2006.
September 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Involuntary manslaughter - Jury instructions Where a dispute has arisen between the state and a criminal defendant as to the proper wording of preliminary jury instructions in a...

1st U.S. Circuit Court of Appeals Case Summaries: September 25, 2006.
September 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Arbitration Deference - Manifest disregard of the law Where a judge vacated an arbitration award, the judge erred, as the arbitration award was not in manifest disregard of the law. ...

U.S. District Court Case Summaries: September 25, 2006.
September 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Criminal Motion to vacate sentence Where an individual, who was convicted of being a felon in possession of a firearm, has moved to vacate, set aside or correct his sentence pursuant to 28...

U.S. Magistrate Judges Case Summaries: September 25, 2006.
September 25, 2006... Byline: Rhode Island Lawyers Weekly Staff Civil rights Harassment - 42 U.S.C. Sect. 1983 - ADA Where a plaintiff seeks to hold the municipal defendants liable for harassment he allegedly was subjected to while serving as the North...

Commentary: What you need to know about mediation credentialing, training.(Column)
September 25, 2006... Byline: Melinda S. Gehris and Diane J. Levin A survey conducted last year by Robert Half Legal, a legal staffing service provider, revealed that 54 percent of attorneys who responded viewed mediation or alternative dispute resolution as an...

Commentary: Recent tax ruling to impact employment lawyers.
September 25, 2006... Byline: Elizabeth A. Rodgers All employers and employment lawyers will be examining the implications of a recent decision holding the taxation of emotional-distress and loss-of-reputation damages to be unconstitutional. Murphy, et al. v....