In what it called a case of first impression, the Rhode Island Superior Court has held that the Department of Business Regulation ("DBR") has jurisdiction to hear appeals of fines imposed by local licensing boards. However, DBR is not required to hold a de novo...
Firm News
Superior Court Issues Five Decisions On Pre-Trial Motions in Asbestos Case
On July 18, 2013, the Superior Court issued five decisions on defendant's pre-trial motions in an asbestos case that might become the first such case to go to trial in Rhode Island in over 20 years. The decisions provide some guidance on how the Court may rule on...
Superior Court Holds Bankrupt Entities Are Not Joint Tortfeasors
The Superior Court has held in an asbestos case that bankrupt entities are not joint tortfeasors so that non-settling defendants cannot place the entities' names on the jury verdict form for an apportionment of responsibility. The Court also said that defendants...
Superior Court Rules Insured May Not Recover Attorney’s Fees From Insurance Agent
The Superior Court has held that an insured making a claim against its insurance agent for obtaining inadequate insurance may not recover its attorney's fees from the agent in the absence of a express statutory or contractual provision. The plaintiffs are several...
Superior Court Rules On Several Claims Under R.I. Drug Testing Statute
The Rhode Island Superior Court has issued a decision addressing several claims by employees against their employer and other employees pursuant to the Rhode Island Drug Testing Statutue, R.I.G.L. 28-6.5.1, et seq. The court held that individual...
Client Cannot Sue Attorney For Deceptive Trade Practices In Advertising
The Superior Court has held that two former clients cannot sue their attorney for violations of the Rhode Island Deceptive Trade Practices Act ("the Act") based on attorney advertising because such advertising is regulated by the Rhode Island Supreme Court. Plaintiffs...
Massachusetts Federal Court Finds Exchange of Emails An Enforceable Settlement Agreement
The Massachusetts federal district court has held under Massachusetts law that an exchange of emails between the parties' counsel can constitute an enforceable settlement agreement. In doing so, the court contrasted Massachusetts law with that of Rhode Island which...
RISC Upholds Finding of Tortious Interference With Contract
The Rhode Island Supreme Court has upheld a Superior Court finding that defendant tortiously interfered with a contract plaintiff had with a codefendant to purchase marina slips. The Court also held that although the Superior Court improperly relied on evidence not...
RISC Hold That Phrase “Smoking Gun” Is Not Slander Per Se
In a long-running dispute arising from the dissolution of a law firm, the Rhode Island Supreme Court has held that the phrase "smoking gun" is not slander per se, that a claim for tortious interference with contract requires a quantification of damages and that the...
RISC Holds That Defendant That Has Not Asserted A Crossclaim Has No Standing To Appeal Dismissal Of Plaintiff’s Claims Against Codefendant
The Rhode Island Supreme Court has held that a defendant that has not asserted a crossclaim against a codefendant has no standing to appeal the dismissal of plaintiff's claims against the codefendant. The plaintiff tripped over a portion of the sidewalk on South Main...