Rhode Island Lawyers Weekly articles from September 2008

Rhode Island Lawyers Weekly archives from September 2008

Commentary: Imaging electronic-discovery consultants and vendors wisely.
September 1, 2008... Byline: James J. Marcellino and Margaret M. Carleen Some sources estimate that the e-discovery consultant market is presently $3 billion and growing. Close attorney supervision, good communication and strategic foresight remain necessary,...

1st U.S. Circuit Court of Appeals: September 1, 2008.
September 1, 2008... Byline: R.I. Lawyers Weekly Staff Editor's note: The full text of these decisions can be found on Lawyers Weekly's website, www.rilawyersweekly.com Insurance Maritime - Breach of contract Where, in a maritime insurance case, the judge did...

U.S. Magistrates Judges Case Summaries: September 1, 2008.
September 1, 2008... Byline: R.I. Lawyers Weekly Staff Civil practice Motion to proceed 'in forma pauperis' Where a plaintiff (1) has filed a civil rights action against the defendant owner of a plumbing and heating company, the codefendant town of Wrentham...

R.I. Bankruptcy Appellate Panel Case Summaries: September 1, 2008.
September 1, 2008... Byline: R.I. Lawyers Weekly Staff Bankruptcy Support affidavit - Divorce Where an appellant from Israel commenced an adversary proceeding arguing that her ex-husband, who filed a Chapter 7 petition, is liable to her under the terms of a...

R.I. Superior Court Case Summaries: September 1, 2008.
September 1, 2008... Byline: R.I. Lawyers Weekly Staff Attorneys Ineffective assistance - Plea - Immigration status Where an applicant for post-conviction relief claims that his 1997 plea of nolo contendere to one count of simple possession of cocaine should be...

R.I. Workers' Compensation Court Case Summaries: September 1, 2008.(Brief article)
September 1, 2008... Byline: R.I. Lawyers Weekly Staff Workers' compensation Reimbursement - Note from physician Where an employee has requested reimbursement for $150 she paid her treating physician in order to obtain a note documenting her period of total...

Rhode Island Lawyers Weekly Legal Briefs: September1, 2008, 2008.
September 1, 2008... Byline: Rhode Island Lawyers Weekly Staff Gov blocked from hiking health costs A Superior Court judge has explicitly blocked Gov. Donald L. Carcieri from forcing higher health-care costs on nearly 5,000 unionized state workers, according to...

R.I. Superior Court rules used car owner's suit vs. manufacturer can proceed.
September 1, 2008... Byline: Thomas E. Egan An owner of a used automobile has standing to sue the car's manufacturer under the Rhode Island Deceptive Trade Practices Act (RIDTPA), a Superior Court judge has decided. The plaintiff owner claimed that the...

R.I. Superior Court vacates no-contest plea of immigrant, lawyer never advised client about deportation.
September 1, 2008... Byline: Eric T. Berkman An immigrant petitioner was entitled to have his nolo contendere plea to a cocaine-possession charge vacated where his attorney failed to advise him that the plea could result in his deportation, a Superior Court...

R.N. offers advice of nursing home litigation.(registered nurse)
September 1, 2008... Byline: Justin Rebello Plaintiffs' attorneys handling cases against nursing homes often face an uphill battle. Their clients or their clients' families may have little to no knowledge about the case at hand and are typically at the mercy...

Social network websites prove valuable to Rhode Island prosecutors, defense lawyers.
September 8, 2008... Byline: Justin Rebello Defendant Joshua Lipton was remorseful when he appeared before Superior Court Judge Daniel A. Procaccini after seriously injuring another motorist in a drunk-driving collision. But photos posted on the social...

1st U.S. Circuit Court of Appeals: Confession not admissible for purposes of impeachment.
September 8, 2008... Byline: Thomas E. Egan A U.S. District Court judge who ruled before a narcotics trial that a defendant's confession was inadmissible, committed reversible error by later allowing the prosecutor to introduce the confession for impeachment...

1st U.S. Circuit Court of Appeals: Employer not liable for unreported harassment.
September 8, 2008... Byline: Eric T. Berkman An employer could not be held vicariously liable for sexual harassment where the alleged victim never complained to management, even though a co-worker who witnessed the incidents failed to report them as was...

Commentary: Bosses need to be proactive in bestirring passive assistants.
September 8, 2008... Byline: Gretchen Neels In Do the Right Thing, Boston-based consultant offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. My assistant, a 20-something college graduate, requires...

Rhode Island Lawyers Weekly Legal Briefs: September 8, 2008.
September 8, 2008... Byline: RILW Staff Great White agrees to $1M settlement The rock band whose pyrotechnics ignited The Station nightclub blaze that killed 100 people in 2003 has agreed to pay $1 million to settle a suit brought by the victims' families and...

Rhode Island State Ethics Commission Case Summaries: September 8, 2008.(cases of conflict of interest)
September 8, 2008... Byline: RILW Staff Conflict of interest Historic district commission member - Private floral business Where the petitioner is a member of the New Shoreham District Commission, it is our opinion that she is permitted by the State Code of...

Rhode Island Superior Court Case Summaries: September 8, 2008.(cases of product liability of a hernia repair mechanism and search and seizure)
September 8, 2008... Byline: RILW Staff Search and seizure Unloaded handgun Where the police seized an unloaded .22 caliber semi-automatic handgun from the defendant's automobile following a warrantless search, I find that the handgun must be suppressed as...

1st U.S. Circuit Court of Appeals Case Summaries: September 8, 2008.(cases of sexual harassment, impeachment of witness, and Faragher-Ellerth defense)
September 8, 2008... Byline: RILW Staff Employment Harassment - Supervisor's knowledge Where a defendant employer was awarded summary judgment on a plaintiff's sexual harassment claim, the judgment should be affirmed on the ground that the defendant's actions...

Superior Court judge: Sale was delayed by seller's interference.
September 15, 2008... Byline: Thomas E. Egan A real estate agent was entitled to a commission after the brokerage agreement expired where the sale was delayed by the seller's interference for his own personal gain, a Superior Court judge has ruled. The seller...

Commentary: Caveat emptor: the watchwords for purchasing liability insurance.(Column)
September 15, 2008... Byline: William C. Saturley and Joseph S. Callanan In our last column, we identified some common misconceptions about lawyer's professional liability (or LPL) insurance. We now consider five more misapprehensions: Since my title...

Commentary: In making lateral moves, lawyers should look before they leap.
September 15, 2008... Byline: Stephen Seckler Earning a place at a top law firm is no guarantee that your career will stay on course. For the most part, law school rewards effort. If you do well, you can land a position at a good firm. But once you enter the...

Clarification sought on Rhode Island Minimum Wage Act.
September 15, 2008... Byline: Eric T. Berkman A Block Island inn did not have standing to seek a declaration as to whether its seasonal workers were employees within the meaning of the Rhode Island Minimum Wage Act, a Superior Court judge has ruled. The inn...

Leed certification issues could lead to suits.
September 15, 2008... Byline: Dick Dahl The meteoric rise of the green building industry has seemed like a feel-good tale suited for the Disney Channel. Builders, contractors and tenants all want to be part of projects that are energy-efficient. Owners find...

Rhode Island Human Rights Commission Case Summaries: September 15, 2008.
September 15, 2008... Byline: RILW Staff Employment BFOQ - Housekeepers Where Rhode Island College has requested certification of a gender-specific bona fide occupational qualification for each of the two positions of housekeeper at RIC's Recreation Center, the...

Rhode Island Superior Courts Case Summaries: September 15, 2008.
September 15, 2008... Byline: RILW Staff Employment Minimum Wage Act - Seasonal workers Where a plaintiff corporation seeks a declaration that its seasonal workers on Block Island are not employees under the Rhode Island Minimum Wage Act, but instead fall...

U.S. Magistrate Judges Case Summaries: September 15, 2008.
September 15, 2008... Byline: RILW Staff Products liability Chair - Design flaw Where a defendant manufacturer of an allegedly defective chair has moved for summary judgment as to a complaint filed by a plaintiff who was injured when the back of the chair broke...

1st U.S. Circuit Court of Appeals Case Summaries: September 15, 2008.
September 15, 2008... Byline: RILW Staff Criminal Carjacking - Firearms - Lineup - Cell phone alibi evidence Where a jury convicted a defendant of carjacking and firearms offenses, the convictions should be affirmed because (1) a police lineup identification...

Q&A with Richard A. Pacia, new president of the Rhode Island Bar Association.(Interview)
September 22, 2008... Byline: Barbara Rabinovitz No stranger to the Rhode Island Bar Association, its new president, Richard A. Pacia, can lay claim to having participated in the activities of its committees on continuing legal education, annual meetings, Law...

1st U.S. Circuit Court of Appeals: 'Personal bias' no basis for Title VII suit.
September 22, 2008... Byline: Thomas E. Egan A college professor could not succeed on a discrimination claim where the review board that recommended her dismissal based its decision on grounds other than gender, religion or age, the 1st U.S. Circuit Court of...

Rhode Island Superior Court says order for worker verification barred.
September 22, 2008... Byline: Thomas E. Egan State contractors cannot be forced to verify their employees' eligibility status to work legally in the United States, a Superior Court has ruled. The governor earlier this year issued an executive order mandating...

Rhode Island Legal Briefs: September 22, 2008.
September 22, 2008... Byline: Rhode Island Lawyers Weekly Man gets 40 years in gunfight killing A 27-year-old man has pleaded guilty before Judge Robert D. Krause in Providence County Superior Court to one count of second-degree murder and one count of carrying...

Rhode Island Superior Courts Case Summaries: September 22, 2008.
September 22, 2008... Byline: Rhode Island Lawyers Weekly Administrative E-Verify program - APA Where the Governor has issued an Executive Order mandating that the Department of Administration shall require that all persons and businesses doing business with the...

Rhode Island Supreme Court Case Summaries: September 22, 2008.(Brief article)
September 22, 2008... Byline: Rhode Island Lawyers Weekly Attorneys Disbarment Where the respondent has filed an affidavit with this court's disciplinary board setting forth (1) that he is aware he is the subject of an investigation of professional misconduct,...

1st U.S. Circuit Court Of Appeals Case Summaries: September 22, 2008.
September 22, 2008... Byline: Rhode Island Lawyers Weekly Employment Discrimination - Retaliation Where a plaintiff has charged the defendant employer with discrimination and retaliation, those claims must fail in light of a review committee's finding that the...

Commentary: Is 'gaming' the system fair play by lawyers?
September 29, 2008... Byline: Edward Poll The Wall Street Journal discussed on its front page on Aug. 26 the ability of deans to game the system used by U.S. News & World Report to rank law schools. It reminded me of the accounting adage: Figures don't lie, but...

Commentary: Ex-ADA shows true grit as prosecutor and author.(The Paradiso Files: Boston's Unknown Serial Killer)(Book review)
September 29, 2008... Byline: Peter Elikann A young woman sits outside a restaurant at the edge of Boston's North End on a sweltering summer day. A large, sweaty, seemingly friendly neighborhood guy whom she has seen before offers to take her for a ride on his...

Commentary: Treating mentor to lunch is tricky proposition.(Brief article)
September 29, 2008... Byline: Gretchen Neels In Do the Right Thing, Boston-based consultant Gretchen Neels offers advice on professional etiquette and other behavioral issues that might arise in a law practice. Q. Our firm recently instituted a mentor...

Rep. Kennedy's mental-health bill makes strides in Congress.(Patrick J. Kennedy)
September 29, 2008... Byline: Rhode Island Lawyers Weekly After languishing for months in disagreements over how to pay for it, Rep. Patrick J. Kennedy's signature mental-health bill has been rejuvenated in separate U.S. House and Senate votes, according to The...

1st Circuit Court of Appeals says victim's 'stale' conviction is inadmissible.
September 29, 2008... Byline: Thomas E. Egan A defendant who was charged with participating in a beating could not introduce into evidence the fact that the victim had been convicted of a criminal offense more than 10 years earlier, the 1st U.S. Circuit Court...

R.I. Superior Court judge says insurer must pay excess judgment.(Rhode Island)
September 29, 2008... Byline: Thomas E. Egan An insurance company that refused to settle a personal injury case for the $1 million policy limit must pay the entirety of a $2.8 million jury verdict in favor of a car accident victim injured by one of the...

New discovery rule to curb accidental privilege waivers.
September 29, 2008... Byline: Julia Reischel A newly signed law that amends the Federal Rules of Evidence will significantly limit the circumstances under which attorney-client privilege is waived during discovery, lawyers say. While practitioners are split on...

Commentary: Law-firm renovation requires the building of a plan.(Column)
September 29, 2008... Byline: Stephanie A. Hood and Christopher O'Sullivan A renovation can be a daunting task for a law firm. This column offers some pointers intended to assist you once the decision to upgrade your offices is made. Consider hiring a project...

Commentary: Editor's plea to lawyers: Tell us about the jerks.
September 29, 2008... Byline: David L. Yas I wanted to write a story about the jerks. That was the idea, and it was simple. Every lawyer has a tale about the worst SOB he ever came up against, stories that are eye-popping and head-scratching. I wanted us all to...

Rhode Island Lawyers Weekly News Briefs: September 29, 2008.
September 29, 2008... Byline: Rhode Island Lawyers Weekly Trial postponed after defendant suffers fall Closing arguments that had been scheduled in the trial of two former Roger Williams Medical Center executives have been postponed because of the injury and...

Rhode Island State Ethics Commission Case Summaries: September 29, 2008.
September 29, 2008... Byline: Rhode Island Lawyers Weekly Conflict of interest Corrections Department Director - Appointment Where an individual is the Director of the Rhode Island Department of Corrections, it is our opinion that he is not prohibited by the...

Rhode Island District Courts Case Summaries: September 29, 2008.
September 29, 2008... Byline: Rhode Island Lawyers Weekly Motor vehicles Chemical test refusal Where a charge against the defendant motorist of refusal to submit to a chemical test was upheld by the Appellate Panel of the Rhode Island Traffic Tribunal, an appeal...

Rhode Island Superior Courts Case Summaries: September 29, 2008.
September 29, 2008... Byline: Rhode Island Lawyers Weekly Insurance Failure to settle Where plaintiffs seek a declaration that the defendant insurance company is liable for an excess judgment rendered in a personal injury action brought by the plaintiffs against...

Rhode Island Supreme Court Case Summaries: September 29, 2008.(Brief article)
September 29, 2008... Byline: Rhode Island Lawyers Weekly Appeals Dismissal Where an appeal has been filed in connection with an order of dismissal, the appeal is not properly before this court and thus it must be dismissed. The parties candidly acknowledge that...

Rhode Island Bankruptcy Appellate Panel Case Summaries: September 29, 2008.
September 29, 2008... Byline: Rhode Island Lawyers Weekly Bankruptcy Successive petitions Where a U.S. Bankruptcy Court judge ruled that a debtor was ineligible for a discharge because he had obtained a discharge in a prior case within the time period set forth...

U.S. Magistrate Judges Case Summaries: September 29, 2008.
September 29, 2008... Byline: Rhode Island Lawyers Weekly Social services SSI benefits Where the Commissioner of the Social Security Administration denied an application for Supplemental Security Income benefits under the Social Security Act, a remand must be...

1st U.S. Circuit Court Of Appeals Case Summaries: September 29, 2008.
September 29, 2008... Byline: Rhode Island Lawyers Weekly Evidence Victim's prior criminal conviction Where a defendant, convicted of participating in a beating in order to collect a gambling debt, argues on appeal that the victim's prior conviction should have...