Rhode Island Lawyers Weekly articles from September 2007

Rhode Island Lawyers Weekly archives from September 2007

1st U.S. Circuit rules trafficker's 'attempt' crime considered a felony drug offense.(United States Court of Appeals for the 1st Circuit)
September 3, 2007... Byline: Eric T. Berkman A convicted drug trafficker could receive a mandatory life sentence under the federal habitual-offender statute even though one of his predicate convictions was for attempt to possess narcotics rather than for...

Briefs in same-sex divorce case in R.I. a 'waste of paper'?(Rhode Island)
September 3, 2007... Byline: Noah Schaffer It would seem that the same-sex divorce case currently before the state Supreme Court could have far-reaching consequences for the national debate over legalizing gay marriage, given that many of the amicus briefs...

Computer sales lawsuit OK for R.I. Superior Court.(Rhode Island Superior Court)
September 3, 2007... Byline: Eric T. Berkman A case against a computer manufacturer alleged to have improperly charged sales tax on service contracts could be heard in Superior Court, despite the fact that tax matters are generally reserved for the District...

R.I. District Court Case Summaries: September 3, 2007.(Rhode Island District Court, Rhode Island Department of Health)
September 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Unemployment compensation Misconduct - E-mail Where an employee of a temporary staffing agency was discharged from her assignment with the Rhode Island Department of Health, she was...

R.I. State Ethics Commission Case Summaries: September 3, 2007.(Rhode Island State Ethics Commission)(Brief article)
September 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest Former intern - Private employment Where the petitioner worked formerly as a paid intern in the General Treasurer's Office, it is our opinion that she is not...

R.I. Superior Court Case Summaries: September 3, 2007.(Rhode Island Superior Court)
September 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Jurisdiction Superior Court - 'Tax matters' Where (1) plaintiffs filed a putative class action related to the optional services sold with the defendants' computers and (2) the Rhode Island...

1st U.S. Circuit Court of Appeals Case Sumaries: September 3, 2007.(United States Court of Appeals for the 1st Circuit)
September 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Arbitration Severability Where a defendant cable company seeks arbitration of a plaintiff customer's complaint, the request should be allowed, but with that portion of the arbitration...

Providence office of Hinckley, Allen & Snyder honored.(Brief article)
September 3, 2007... Byline: Rhode Island Lawyers Weekly Staff The Providence office of Hinckley, Allen & Snyder has been chosen for the second year in a row as one of the "22 Best Places to Work in Rhode Island" by the Society for Human Resource...

R.I. attorney appointed to Executive Council of the National Conference of Bar Presidents.(Rhode Island attorney Thomas W. Lyons III)(Brief article)
September 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Providence attorney Thomas W. Lyons III, immediate past president of the Rhode Island Bar Association, has been appointed to the Executive Council of the National Conference of Bar Presidents.

Commentary: Type ethically, blog carefully blog.
September 3, 2007... Byline: Edward Poll The CEO of a major food retailer recently unleashed a firestorm when it was revealed that for years he had blogged under a pseudonym about his company and competitors. He contends that he was merely expressing...

Commentary: Write for your reader, not for yourself.
September 3, 2007... Byline: Kathleen Elliott Vinson Write On is an occasional feature providing guidance to attorneys on writing legal memoranda and briefs. Good writing can have a positive impact on your reader in a short amount of time if you guide the...

Associate director of R.I. Department of Human Services elected president of national organization.(Rhode Island Department of Human Services)(Brief article)
September 3, 2007... Byline: Rhode Island Lawyers Weekly Staff Sharon A. Santilli, associate director of the Office of Child Support Services for the Rhode Island Department of Human Services, has been elected president of the National Child Support Enforcement...

Commentary: Keeping the comma out of my hourly rates.
September 10, 2007... Byline: Roger C. Zehntner A recent Wall Street Journal article ("Lawyers Gear Up Grand New Fees," Aug. 22) examines the dismaying trend of big-city law firms breaking the $1,000-per-hour billing threshold. The article reminded me once...

Commentary: No time like the future.(The American Bar Association to hold its annual meeting in Boston, Massachusetts)
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff Mark this down in your BlackBerry calendar: The American Bar Association may never be closer, at least geographically, as it is scheduled to hold its annual meeting in Boston -- in 2014. Yes, a...

Music to their ears?(Nixon Peabody's jingle)
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff There's no word yet on whether a Grammy nomination will follow, but the firm of Nixon Peabody has already made some significant — albeit unwanted — waves in the music industry. The...

Q&A with Barbara L. Margolis, deputy disciplinary counsel of R.I. Supreme Court's Disciplinary Board.(Rhode Island)(Interview)
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff After serving as co-chair of the Rhode Island Bar Association's Gay, Lesbian, Bisexual/Transgender Committee, Barbara L. Margolis, deputy disciplinary counsel of the Supreme Court's Disciplinary...

Loan prepayment penalty enforceable vs. solvent debtor, 1st U.S. Circuit Court of Appeals rules.
September 10, 2007... Byline: Thomas E. Egan A commercial lender could recover bargained-for prepayment penalties from a solvent debtor, the 1st U.S. Circuit Court of Appeals has ruled. The debtor argued that the penalties were unreasonable and therefore...

Providence District Court magistrate says police 'rights' card not required at trial.(State v. Brothers)
September 10, 2007... Byline: Eric T. Berkman The state was not required to introduce a responding officer's "rights for use at the scene" card into evidence in order to charge a DUI suspect with refusing to submit to a chemical test, a District Court...

'Objective' facts seen pivotal in $1M settlement in Rhode Island.
September 10, 2007... Byline: Barbara Rabinovitz A Superior Court judge's decision that expert testimony prepared by the defense in a motor vehicle accident was inadmissible has led to a $1 million settlement for the plaintiff, a 64-year-old woman whose lawyer...

R.I. District Court Case Summaries: September 10, 2007.(Rhode Island)
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff Motor vehicles 'Laned roadways' Where a motorist was found to have committed a "laned roadways" violation, that finding was not contrary to the evidence and consequently should be...

Superior Court Case Summaries: September 10, 2007.
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff Zoning Yacht club - Reconstruction Where (1) a Tiverton yacht club was destroyed by fire and (2) defendant club members seek to reconstruct it, I find, in agreement with certain...

1st U.S. Circuit Court Of Appeals Case Summaries: September 10, 2007.
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff Antitrust Puerto Rico law Where a plaintiff purports to represent a class of injured persons in a suit brought against a defendant car manufacturer pursuant to Puerto Rico law, an order...

Workers' Compensation Court Case Summaries: September 10, 2007.(Healey v. Amgen)
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Stress Where an employee sought workers' compensation benefits claiming to be disabled because of work-related stress, the application for benefits was properly...

Coach's Corner.(financial management of law firms)
September 10, 2007... Byline: Edward Poll I recently moderated an American Bar Association panel discussion on financial best practices. Not surprisingly, the best practice that all the participants agreed on was that lawyers and law firms need to get their...

How to ...choose a business hotel.
September 10, 2007... Byline: Rhode Island Lawyers Weekly Staff How to... offers advice on a variety of subjects related to the management of a law practice. As lawyers' client bases expand globally, law firms are increasingly hosting out-of-town clients for...

Company must pay benefits despite sale of subsidiary, 1st U.S. Circuit Court of Appeals finds.(Great Northern Paper Inc. and Inexcon Maine Inc.)
September 17, 2007... Byline: Thomas E. Egan A parent company remained responsible for paying a subsidiary's health plan benefits even after selling the subsidiary, the 1st U.S. Circuit Court of Appeals has found. The defendant parent company argued that...

U.S. District Court judge says tax 'workpapers' need not be disclosed to IRS.
September 17, 2007... Byline: Eric T. Berkman The work product privilege protected a company from turning over its "tax accrual workpapers" to the government in connection with an Internal Revenue Service examination of its tax liability, a U.S. District Court...

1st U.S. Circuit Court of Appeals says agency's taking of child justified by neglect risk.
September 17, 2007... Byline: Eric T. Berkman Officers of the Rhode Island Department of Children, Youth and Families could take temporary custody of a child based on their suspicion that he faced an imminent risk of neglect, the 1st U.S. Circuit Court of...

R.I. Supreme Court Case Summaries: September 17, 2007.(Rhode Island)
September 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Evidence Subpoena - Governor Where criminal defendants have served a subpoena on the Governor, the parties will be required to address in their appellate briefs the issue of whether the...

Superior Court Case Summaries: September 17, 2007.
September 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Insurance Beacon Mutual - DBR Where plaintiff policyholders seek a preliminary injunction barring enforcement of a consent decree between defendant Beacon Mutual Insurance Company and the...

U.S. Bankruptcy Court Case Summaries: September 17, 2007.(Brief article)
September 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Bankruptcy Homestead Where a bankruptcy court sustained a Chapter 13 trustee's objection to a debtor's homestead exemption to the extent the exemption exceeds $125,000, this was proper in...

1st U.S. Circuit Court Of Appeals Case Summaries: September 17, 2007.
September 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Civil practice Summary judgment - Discovery Where (1) plaintiffs filed suit alleging political discrimination and (2) summary judgment was awarded to the defendants, an appeal filed by the...

U.S. District Court Case Summaries: September 17, 2007.
September 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Labor Carpenters' union - Drilling work Where a carpenters' union claims that an employer wrongfully failed to make contributions to pension funds on behalf of a worker assigned to...

U.S. Supreme Court Case Summaries: September 17, 2007.(Brief article)
September 17, 2007... Byline: Rhode Island Lawyers Weekly Staff Attorneys Jurisdiction - Out-of-state client Where (1) an attorney, licensed to practice in New York and Rhode Island, represented a New York charitable organization for several years, (2)...

New-practice tips to ensure success.
September 17, 2007... Byline: Edward Poll As I was preparing some remarks for my induction into a consultants' hall of fame on the top 10 lessons I've learned in starting my consulting career, it struck me that these apply equally to a lawyer starting a new...

A marketing strategy for the ages.
September 17, 2007... Byline: Audra Callanan Seller's Market offers practitioners information about marketing their skills and services as attorneys. For the first time in American corporate history, four generations are working side by side. Each...

Cross-examination: get to the point in 10 questions or less.
September 17, 2007... Byline: Juliane Balliro There are a few basic rules that apply to all cross-examinations, and, although you may have heard them before, they are so important to the effective cross-exam that they bear repeating. Cross-examination is...

Honors.(2007 America's Leading Lawyers for Business Directory)(Brief article)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Partners Robert M. Duffy, Michael F. Sweeney, Craig M. Scott, Christine K. Bush and senior associate Ralph N. Gaboury, all of Duffy, Sweeney & Scott in Providence, have been recognized as leading...

Mastering the 'art' of setting fees.(legal fees)
September 24, 2007... Byline: Edward Poll When setting their billing rates, lawyers have only one formal requirement under Rhode Island Rule of Professional Conduct 1.5: "A lawyer's fee shall be reasonable." "Reasonable" is ultimately a matter of the value...

How to ... manage partner politics.(interview with Barbara Rabinovitz)(Interview)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff How To... offers advice on a variety of subjects related to the management of a law practice. This week, reporter Barbara Rabinovitz wades into the thorny thicket of partner politics in a telephone...

Rhode Island Trial Lawyers Assn. changes name.(Rhode Island Association for Justice)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff The great playwright William Shakespeare once asked: "What's in a name?" In 2006, the Association of Trial Lawyers of America changed its name to the American Association for Justice. Then,...

1st U.S. Circuit Court of Appeals says judge lacks power to lower criminal-history category.(United States; Judge Reginald D. Lindsay)(Case overview)
September 24, 2007... Byline: Eric T. Berkman A U.S. District Court judge did not have discretion to lower a convicted drug dealer's 10-year mandatory-minimum sentence by changing the drug dealer's criminal-history category, even where the result might be...

1st U.S. Circuit Court of Appeals says board shouldn't have turned down refugee's appeal.(United States; Russian national)(Case overview)
September 24, 2007... Byline: Noah Schaffer The Board of Immigration Appeals should not have denied a refugee's bid to reopen his removal case after he claimed he never received notice of the hearing, which had been sent via regular mail, the 1st U.S. Circuit...

Government use of private litigation firms draws attention.
September 24, 2007... Byline: Dick Dahl A campaign by tort reform groups to prevent private contingency fee lawyers from handling government cases has begun to take hold in some parts of the country. In April, a California trial judge ruled that several...

Comments sought on applicants for R.I. Family Court.(Rhode Island)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff PUBLIC COMMENT NOTICE STATE OF RHODE ISLAND JUDICIAL NOMINATING COMMISSION An open meeting to receive public comment about the applicants under consideration to fill the vacancy on the...

Rhode Island State Ethics Commission Case Summaries: September 24, 2007.(Case overview)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Conflict of interest School committee member - Contract negotiations Where the petitioner is a member of the North Providence School Committee, she is prohibited by the State Code of Ethics...

Rhode Island Superior Court Case Summaries: September 24, 2007.(Case overview)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Labor Suspension - Benefits Where a labor union claims that a police officer should be paid back-benefits that accrued during a period of suspension, that claim should, based on this...

1st U.S. Circuit Court Of Appeals Case Summaries: September 24, 2007.(Case overview)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Administrative Standing - LNG facility Where a plaintiff group of Native Americans filed suit challenging a decision by the Bureau of Indian Affairs to lease a portion of tribal land to a...

Rhode Island Workers' Compensation Court Case Summaries: September 24, 2007.(Brief article)(Case overview)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Workers' compensation Physician's testimony - Causal relationship Where an employee has appealed a decision denying her weekly workers' compensation benefits, we hold that the appeal must...

Rhode Island Lawyers in the News: September 24, 2007.(Duffy, Sweeney & Scott)(Brief article)
September 24, 2007... Byline: Rhode Island Lawyers Weekly Staff Christine L. Rossi has joined Duffy, Sweeney & Scott in Providence as an associate. Partners Robert M. Duffy, Michael F. Sweeney, Craig M. Scott, Christine K. Bush and senior associate Ralph N....