The Rhode Island Supreme Court has held that real estate attorneys sued in negligence by their clients with respect to a real estate transaction can bring third-party claims for contribution and indemnity against real estate agents involved in the transaction. The...
Firm News
R.I.S.C. affirms “Connecticut” Rule for Landlord Liability
The Rhode Island Supreme Court has affirmed the use of the "Connecticut" rule with respect to when a landlord has an obligation to begin removing snow and ice following a storm. The rule states that the landlord does not have a duty to begin removing the snow or ice...
First Circuit Remands for Hearings on Foreclosure Stays
The First Circuit has remanded 150 so-called "MERS" cases for action on a magistrate judge's recommendation that some be dismissed for lack of subject matter jurisdiction and for hearings on whether the district court should continue foreclosure stays imposed in...
Asbestos-Superior Court adopts “frequency, regularity, proximity” test for causation
The Superior Court has adopted the "frequency, regularity, proximity" test for proof of causation in asbestos. The Court considered and rejected several alternative tests: the "exposure-to-risk" test, the "defendant-specific-dosage-plus-substantial-factor" test, and...
Foreclosing Bank Not Liable for Unjust Enrichment
The Rhode Island Superior Court has held that a bank that foreclosed on its secured interest in an office building is not liable for unjust enrichment to unsecured contractors that had improved the property. The bank had financed the purchase and improvements to the...
Asbestos, Duty to Warn about Replacement Parts
The Rhode Island Superior Court has denied a motion for summary judgment holding that a manufacturer of valves had a duty to warn about the dangers of replacement asbestos-containing gaskets and packing manufactured by third-parties. Plaintiff alleged he was exposed...
Asbestos, Government Contractor Defense, Amending Pleadings
The Rhode Island Superior Court has granted a defendant's motion to amend its pleadings to assert the government contractor defense in an asbestos case. Plaintiff had objected because the defendant had not asserted the defense in its initial answer and trial was...
Products Liability and Res Ipsa Loquitor
The Rhode Island Supreme Court has rejected the application of the doctrine of res ipsa loquitor (RIL) to products liability claims against a car dealer where plaintiff's injury occurred three years after the sale of the vehicle. The Court similarly denied negligent...
Work-Product Doctrine, Waiver, Privilege Log
The Rhode Island Supreme Court has held that an in-house counsel's Powerpoint slides respecting insurance coverage for a lawsuit created for a presentation for the company's board of directors are factual work-product and that the company did not waive its privilege...
Sexual Harassment and Common Law Tort Claims
The Rhode Island Superior Court has dismissed some but not all claims a plaintiff has filed for sexual harassment. Plaintiff alleged that she was an "on-air radio personality" for a local radio station's morning show. One of her "characters" was "Anaconda," a...