Rhode Island Litigation Blog
Non-Retained Experts in Federal Court
Among the advantages to using a non-retained expert in commercial litigation are three that are particularly worth mentioning: the client will not have to pay the fees and expenses of an outside expert (which can be substantial, in some cases); the in-house expert may...
What should you do if a debt collector sues you?
Amid the current public health crisis, more than 40 million Americans have filed for unemployment. With so many people in financial hardship, debt-collection lawsuits are likely to become even more prevalent in the months—potentially years—to come. How common is it to...
The 3 types of late paying customers
Only around 70% of new businesses with employees make it through the first two years, according to recent data from the U.S. Bureau of Labor Statistics. As a business owner, you know how difficult it is to maintain profitability regardless of the age of your...
What to do when a customer refuses to pay you
When you work for a small business, most of your customers will pay you for your services on time. Yet a small subset of your clientele will either delay payment or try evading it altogether. While their debts may seem insubstantial, they can have a significant effect...
Supreme Court case focuses on federal LGBTQ protections
Since 2013, the federal government has treated LGBTQ-related workplace discrimination as sex discrimination. However, some fear those protections could end after the U.S. Supreme Court heard arguments on Oct. 8 over the firings of gay men and a transgender woman. The...
Your Rights at Protests and Counter-Protests
These days, many people are interested in protesting. Yet it often seems as if the government would prefer citizens to express their grievances in a less disruptive way. Over the course of U.S. history, municipalities and police forces have tried many methods for...
R.I. Supreme Court Substantially Limits Scope of Expert Discovery
The Rhode Island Supreme Court has significantly limited the scope of expert discovery in Superior Court. Cashman Equipment Corp, Inc. v. Cardi Corp., Inc., No. 2014-284-M.P., slip op. (R.I. June 3, 2016). This case was a construction dispute in which the plaintiff...
R.I. Supreme Court Holds Defendant Forfeited Personal Jurisdiction Defense
The Rhode Island Supreme Court has held that a defendant forfeited his personal jurisdiction defense asserted in his answer by participating in extensive discovery and court-annexed arbitration before moving to dismiss on the eve of trial. Pullar v. Cappelli, No....
R.I. Superior Court denies tile supplier’s summary judgment motion
Superior Court Presiding Justice Gibney, who manages Rhode Island's state court asbestos docket, has issued a decision denying a summary judgment motion filed by an alleged supplier of floor and ceiling tiles to which plaintiff's decedent was exposed. Pisano v. Alfa...
Rhode Island Federal District Court Addresses Whether Documents Must Be Produced in Native Format
In a wide-ranging memorandum and order on several discovery motions, Magistrate Judge Sullivan addressed, inter alia, whether parties in a commercial dispute must produce documents in their "native" electronic format in addition to the PDF form in which they were...
