Rhode Island Lawyers Weekly

02/28/2025

Opinion of the Day ⚖️ Where a defendant insurance company that denied a claim for the flooding of the plaintiffs’ home has moved for judgment on the pleadings, that motion should be denied because ... CONTINUE:

Where a defendant insurance company that denied a claim for the flooding of the plaintiffs home has moved for judgment on the pleadings, that motion should be denied because the disputed facts 1 leave unresolved the question of whether the flooding was caused by a continuous water leak that occurred...

02/28/2025

The 1st U.S. Circuit Court of Appeals has overruled a 2001 decision interpreting the two-level upward adjustment authorized by §3B1.4 of the U.S. Sentencing Guidelines.

The 1st U.S. Circuit Court of Appeals has overruled a 2001 decision interpreting the two level upward adjustment authorized by 3B1.4 of the U.S. Sentencing Guidelines. A 1st Circuit panel held in United States v. Patrick, 248 F.3d 11 1st Cir. 2001 , that the application of 3B1.4 s two level upward a...

02/27/2025

Opinion of the Day ⚖️ Where a plaintiff has alleged that the defendant employer failed to reasonably accommodate his post-traumatic stress disorder when it first declined ... CONTINUE:

Where a plaintiff has alleged that the defendant employer failed to reasonably accommodate his post traumatic stress disorder when it first declined his request not to work at a certain location and then did not respond to his later request to work remotely, the complaint should be dismissed because...

02/27/2025

A federal statute that prohibits users of controlled substances from possessing fi****ms is unconstitutional as applied to two defendants with an alleged history of ma*****na use, a U.S. District Court judge has determined.

A federal statute that prohibits users of controlled substances from possessing fi****ms is unconstitutional as applied to two defendants with an alleged history of ma*****na use, a U.S. District Court judge has determined. In a search of defendant Alexzandria Carl s Rhode Island home, law enforceme...

02/26/2025

Opinion of the Day ⚖️ Where a plaintiff manufacturer of aircraft engines has brought a breach of contract claim against a defendant supplier of bushings, the plaintiff’s motion ... CONTINUE:

Where a plaintiff manufacturer of aircraft engines has brought a breach of contract claim against a defendant supplier of bushings, the plaintiff s motion for summary judgment must be denied because the plaintiff has failed to carry its burden to establish the absence of a genuine dispute of materia...

02/26/2025

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02/26/2025

An insurance company that denied a claim for the flooding of a home should be denied judgment on the pleadings, as the insurer did not conclusively establish that the harm fell within the scope of a policy exclusion.

An insurance company that denied a claim for the flooding of a home should be denied judgment on the pleadings, as the insurer did not conclusively establish that the harm fell within the scope of a policy exclusion, a U.S. District Court judge has ruled. Defendant State Farm Fire and Casualty Co. a...

02/25/2025

Opinion of the Day ⚖️ Where a Superior Court judge upheld the classification of a petitioner as a level III s*x offender, the judgment should be affirmed because the requirements of procedural due process have been met.

Where a Superior Court judge upheld the classification of a petitioner as a level III s*x offender, the judgment should be affirmed because the requirements of procedural due process have been met.

02/25/2025

The Narragansett Planning Board’s decision to deny master plan approval of an affordable housing project has been reversed by a Superior Court judge.

The Narragansett Planning Board s decision to deny master plan approval of an affordable housing project has been reversed by a Superior Court judge. Plaintiff Old Boston Neck Road, LLC, or OBNR, filed a master plan application for a proposed multi family residential project with the Planning Board....

02/24/2025

Opinion of the Day ⚖️ Where retired members of the Providence police and fire departments moved for pre-judgment interest on their past-due cost-of-living adjustment pension payments ... CONTINUE:

Where retired members of the Providence police and fire departments moved for pre judgment interest on their past due cost of living adjustment pension payments, the denial of that motion should be upheld because the judgment did not sound in contract law and thus is not subject to the pre judgment....

02/24/2025

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02/24/2025

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Latest Issue Feb. 24, 2025 this week s issue HTML version click here A list of this week s stories can be found by clicking here. For questions or feedback, please contact the web editor. Issue Archives Note Mobile users may need to double click on the screen

02/24/2025

The use of unlicensed investigators was not a sufficient basis by itself for a bad-faith claim against an insurance company, the Rhode Island Supreme Court has ruled.

The use of unlicensed investigators was not a sufficient basis by itself for a bad faith claim against an insurance company, the Rhode Island Supreme Court has ruled. Defendant NGM Insurance Co. issued a homeowner s insurance policy to Stephen and Betty Callahan. In December 2020, the policyholders....

02/21/2025

Opinion of the Day ⚖️ Where a plaintiff sought a modification of an appraisal agreement award, a Superior Court judge’s decision to deny that request should be affirmed because ... CONTINUE:

Where a plaintiff sought a modification of an appraisal agreement award, a Superior Court judge s decision to deny that request should be affirmed because there is no admissible evidence upon which a finder of fact could conclude that there was a miscalculation entitling the plaintiff to a modificat...

02/21/2025

An application for post-conviction relief should not have been summarily dismissed without a hearing into whether the applicant intended to proceed pro se and whether his waiver of his statutory right to counsel was knowing, voluntary and intelligent, the Rhode Island Supreme Court has ruled.

An application for post conviction relief should not have been summarily dismissed without a hearing into whether the applicant intended to proceed pro se and whether his waiver of his statutory right to counsel was knowing, voluntary and intelligent, the Rhode Island Supreme Court has ruled. The pe...

02/20/2025

Opinion of the Day ⚖️ Where a defendant has filed a motion to dismiss, that motion should be allowed because of the plaintiff’s failure to comply with a court order requiring her to ... CONTINUE:

Where a defendant has filed a motion to dismiss, that motion should be allowed because of the plaintiff s failure to comply with a court order requiring her to sign a settlement agreement by Oct. 25, 2024.

02/20/2025

A foreclosure sale was valid despite the borrower’s claim that she was entitled to have notice of the sale sent to her residential address, the Rhode Island Supreme Court has held.

A foreclosure sale was valid despite the borrower s claim that she was entitled to have notice of the sale sent to her residential address, the Rhode Island Supreme Court has held. Plaintiff Paula M. Montaquila and her son obtained a mortgage with defendant Flagstar Bank in 2008 using 33 Zella St. i...

02/19/2025

Opinion of the Day ⚖️ Where a plaintiff has brought a whistleblower claim over events that occurred during his employment with the South Kingstown Police Department, the defendants are entitled to ... CONTINUE:

Where a plaintiff has brought a whistleblower claim over events that occurred during his employment with the South Kingstown Police Department, the defendants are entitled to summary judgment because the plaintiff has not produced sufficient evidence to allow a reasonable jury to infer that he was s...