On April 27, 2015, the First Circuit issued an unpublished Judgment affirming the dismissal of claims under the Fair Debt Collection Practices Act ("FDCPA") against our client, Twin Oaks Software Development, Inc. On May 30, 2014, the district court had adopted...
Firm News
R.I. Bankruptcy Court Explains Proper Way To Calculate Whether Judicial Liens Are Avoidable
In a brief but detailed analysis the Rhode Island Bankruptcy Court has explained the proper way for debtors' counsel to calculate whether judicial liens are avoidable. The decision did not change the result in the case-the liens were dischargeable-but the court hoped...
R.I. Bankruptcy Court Holds Debtor’s Receipt of Fraudulent Transfer Is Dischargeable If Debtor Made No Misrepresentation
In an apparent case of first impression in Rhode Island, the bankruptcy court has held that the debtor's receipt of a fraudulent transfer is a dischargeable debt in the absence of evidence that the debtor made a misrepresentation. The court aligned itself with two...
R.I. Federal District Court Rules Inadvertent Failure To Poll Civil Jury Not Grounds For New Trial
In what appears to be a decision of first impression, the federal district court in Rhode Island has held that its inadvertent failure to poll individually a civil jury is not grounds for a new trial. Rule 48 of the Federal Rules of Civil Procedure was amended in 2009...
R.I. Federal Court Denies Motion To Remand Finding Settlement Demand in Personal Injury Claim Does Not Determine Jurisdiction Amount
The Rhode Island federal district court has accepted a report and recommendation that a motion to remand a personal injury claim case be denied because the probable value of the claim exceeds the jurisdiction amount. The Court rejected plaintiff's argument that a...
Asbestos-R.I. Superior Court Reconsiders Decision, Allows Discovery of Bankruptcy Claims Forms
In a fiercely contested asbestos case, the Rhode Island Superior Court has issued its third decision on the question of whether the sole remaining defendant can discover claims forms that plaintiff submitted to various bankruptcy trusts. After an in camera review of...
First Circuit Affirms Summary Judgment In Products Liability Case Where Plaintiff Failed To Show “Heightened Risk” Of Danger
The First Circuit has affirmed the dismissal of products liability claims against a shoe manufacturer because plaintiff failed to show defendant's shoes presented a "heightened risk" of entrapment on escalators. The Court said various facts did not substantiate that...
Asbestos-R.I. Superior Court Holds Major Hospital May Be Liable To Contractor’s Employee For Presence Of Asbestos
The Rhode Island Superior Court has held that the state's largest hospital may be liable to the widow of a deceased HVAC worker who was allegedly exposed to asbestos while performing ductwork at the hospital in the 1960s and 1970s. The court said if the hospital knew...
Asbestos-R.I. Superior Court Denies Motion To Preclude Plaintiff’s “Naval” Expert Identified Shortly Before Trial
In an asbestos case, the Rhode Island Superior Court has denied a defendant's motion to preclude plaintiff's replacement "naval" expert identified shortly before the trial. The court said that since the trial date was postponed and defendant did not attempt to to...
R.I. Superior Court Allows Expedited Discovery On Shareholders’ Claims Respecting Proposed Merger
The Rhode Island Superior Court has held it will allow a putative class of shareholders to conduct "limited and targeted" expedited discovery in advance of a shareholders' meeting to vote on the proposed acquisition of the defendant corporation's stock by another...