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. Plaintiff alleges her husband...
Firm News
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...
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. A defendant developer acquired the property in...
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. The debtor, Freaky Bean Coffee Company ("Freaky Bean"),...
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. ...
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. Plaintiff sued the...
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...
Bankruptcy Court Denies Debtor’s Post-Confirmation Motion To Exclude PI Settlements From Chapter 13 Plan
The bankruptcy court has denied debtors' post-confirmation motion to exclude from a Chapter 13 plan the proceeds of their personal injury claims where they had not objected to an order confirming the plan that included those proceeds within the plan. The Court said...
Bankruptcy Court Holds Failure To Pay Child Support Justifies Conversion to Chapter 7
Rhode Island's bankruptcy court has held that a debtor's failure to pay post-petition child support was a sufficient basis to convert his Chapter 13 bankruptcy to a Chapter 7. The debtor and his wife had divorce proceedings in the Rhode Island Family Court in which...
Bankruptcy Court Holds Failure To Disclose PI Claims Is Grounds To Revoke Discharges
Until 2012, Rhode Island's bankruptcy court had had just one judge and for 44 years that was the Honorable Arthur Votolato who was initially appointed as a bankruptcy referee. He retired last year and Diane Finkle was appointed to replace him after 30 years in...