The Rhode Island federal district court has held that the City of Cranston cannot include the population of the state's Adult Correctional Institutions (ACI) when it draws its districts for city council. Davidson v. City of Cranston, C.A. 14-91L, slip op., (D.R.I. May...
Firm News
Ohio’s Special Counsel Did Not Violate FDCPA By Using Ohio AG Letterhead
The Supreme Court has held unanimously that private attorneys hired by the Ohio Attorney General to collect debts owed to agencies of the State of Ohio did not violate the Fair Debt Collection Practices Act (FDCPA) by sending out demand letters on the Attorney...
“After-Acquired” UCC-1 Filing Has Priority Over Unperfected Car Loan Security Interest
Justice Stern of the Rhode Island Superior Court has issued a decision holding that a creditor with a UCC-1 filing that includes after-acquired property has a priority security interest in the debtor's company car over another lender who financed the purchase of the...
Asbestos Defendant Forfeited Personal Jurisdiction Defense
The Rhode Island Superior Court has held in an asbestos case that defendant forfeited its defense of personal jurisdiction by actively litigating the claims against it for over two years before moving to dismiss even though it had asserted the defense in its answer....
Affirmative Defenses Not Subject to “Plausibility” Pleading Standard
The United States District Court for the District of Rhode Island recently held that a defendant's allegation of affirmative defenses is not subject to the "plausibility" pleading standard set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft...
Strauss Factor Obtains Dismissal of Fair Debt Collection Claims
On March 7, 2016, the federal district court of Rhode Island granted the motion for judgment on the pleadings that Strauss Factor filed on behalf of its client, a Rhode Island attorney. Plaintiff had alleged the attorney violated the Fair Debt Collection Practices...
R.I. Federal District Court Denies Drug Manufacturer’s MSJ Based on Statute of Limitations
In the context of drug product claims, Rhode Island's Supreme Court has liberally construed Rhode Island's three-year statute of limitations for personal injuries, R.I.Gen.L. 9-1-14 . In Anthony v. Abbott Labs., 490 A.2d 43, 46 (R.I. 1985), the Court held that the...
R.I. Superior Court Permits Discovery of Defendant’s Testimony in Other, Similar Cases
The Rhode Island Superior Court has permitted three plaintiffs in consolidated products liability cases to discover all deposition and trial testimony by a product manufacturer's employees in other cases despite a Texas federal court protective order that purportedly...
Fair Debt case remanded based on lack of consent to removal
Rhode Island's federal district court has remanded a Fair Debt Collection Practices Act case to state court because not all the defendants expressly consented to removal within 30 days of the removal. Plaintiff filed suit in Superior Court alleging violations of the...
Strauss Factor Obtains Summary Judgment on Asbestos Claims
On July 22, 2015, the Rhode Island Superior Court granted summary judgment to Strauss Factor's client based on the Ohio statute of repose for improvements to real property. The client manufactured power-generation turbines installed in power plants in Ohio and...
