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August 2013 Archives

Superior Courts Hold Asbestos Defendant's Government Contractor Defense Presents Issues of Fact

The Superior Court has denied an asbestos plaintiff's motion for summary judgment respecting a defendant's government contractor defense.  The Court held the defendant had established sufficient evidence to raise issues of fact for trial.

Federal District Court Dismisses Providence's False Claims Act Claim, Upholds Other Claims Against Pension Consultant

The federal district court has dismissed The City of Providence's state law False Claims Act claim against its pension consultants but otherwise denied defendant's motion to dismiss the complaint.  The City claims the consultants provided negligent advice related to the City's settlement of pension litigation brought by the City's employees' unions. 

Superior Court Holds Defendant Who Sold Home Built On Easement Violated Deceptive Trade Practices Act

The Rhode Island Superior Court has held that a defendant, a certain Miller, who sold a house built partially on a utility company's easement violated Rhode Island's Deceptive Trade Practices Act, among other claims. 

BAP holds that settlement funded by debtor's affiliates not a preferential transfer by debtor

The First Circuit Bankruptcy Appellate Panel has held that a settlement of claims against the debtor funded by the debtor's affiliated company and investors is not a preferential transfer to the creditor. 

U.S. District Court Finds Settlement Agreement Ambiguous, No Fiduciary Relationship, Negligent Misrepresentation Claim Not Barred By Economic Loss Doctrine

Rhode Island's federal district has found several ambiguities in the parties' prior settlement agreement and denied in part cross-motions for summary judgment based on that agreement.  The Court found the parties did not have a fiduciary relationship to each other.  It also found that under Rhode Island law the "economic loss" doctrine did not bar a claim for negligent misrepresentation.

Federal District Court Denies Insurer's Motion to Dismiss Coverage Claim Based on Intentional Mispresentation

Rhode Island's federal district court has denied an insurer's motion to dismiss claims against it by plaintiff alleging that a defunct corporation's insurance policy covers plaintiff's intentional misrepresentation claims against the corporation.

Federal District Court Rules Rhode Island Law Applies To Attachment of Non-Rhode Island Property Owned By Non-Rhode Island Defendants

Rhode Island's federal district court has held that Rhode Island law on post-judgment attachments applies to plaintiff's motion to attach property outside of Rhode Island owned by defendants who do not reside in Rhode Island.  The Court rejected defendants' arguments that the laws of the state where the property is located or defendants reside should control.