The United States Supreme Court has clarified its jurisprudence on general personal jurisdiction and held that a German manufacturer of luxury automobiles cannot be sued in California based on either its contacts with California or its American subsidiary's contacts...
Firm News
R.I. Supreme Court Holds Bankruptcy Court Orders Granting Relief From Stay Are Res Judicata Respecting Superior Court Action Challenging Foreclosure
The Rhode Island Supreme Court has held that orders entered in two bankruptcy proceedings granting relief from stay to permit a foreclosure sale to proceed and then finding that the sale was valid were res judicata with respect to a subsequent action the...
Rhode Island Supreme Court Holds Indian Tribe Has Standing To Challenge Constitutionality of State Casino Acts
The Rhode Island Supreme Court has held that the Narragansett Indian Tribe ("the Tribe") has standing under a state statute to challenge the constitutionality of state legislation allowing the state's two casinos to add table games. The Tribe alleges it will lose...
Federal District Court Holds One Adequately Pled Actionable Misstatement Sustains Shareholders’ Class Action Securities Claim
The Rhode Island federal district court has held that one adequately pled actionable misstatement combined with an adequate pleading of scienter with respect to that misstatement is sufficient to defeat defendants' motion to dismiss a shareholders' class action...
Federal District Court Holds Workers Comp Carrier Not Entitled To Third-Party Recovery Paid For Pain And Suffering
In a case of first impression in Rhode Island, the federal district court has held that a workers compensation carrier is not subrogated to the worker's third-party recovery to the extent it was paid for pain and suffering. The court held the carrier was entitled to...
Federal District Court Holds Plaintiff Has Pled Substantive Due Process Claim Against City For Demolishing His Building
The Rhode Island federal district court has held that a property owner has adequately pled a substantive due process violation where, in response to the City's "Order to Make Safe through Demolition," plaintiff provided the City with an engineer's report that the...
First Circuit Holds Homeowner Not Third-Party Beneficiary of Federal Mortgage Modification Program
The First Circuit Court of Appeals has held that a homeowner is not a third-party beneficiary of the federal Home Affordable Modification Program ("HAMP") and that the mortgagee had no contractual or other legal duty to the homeowner to negotiate a modified mortgage....
R.I. Supreme Court Holds Seventeen Year Old Cannot Use Attractive Nuisance Doctrine To Sue State For Injury While Trespassing On State Property
The Rhode Island Supreme Court has held that a seventeen year old cannot use the "attractive nuisance" doctrine to sue the State of Rhode Island for personal injuries he suffered-when he was exposed to hazardous materials while trespassing on State property. The youth...
R.I. Supreme Court Holds Mortgagor Has Standing To Challenge Transfer Of Mortgage, Otherwise Denies Claims Related to Foreclosure
The Rhode Island Supreme Court has held that a mortgagor has standing to challenge a transfer of his mortgage in an effort to prevent a foreclosure. However, the Court otherwise denied the mortgagor's claims in his suit to halt a foreclosure. In 2006, plaintiff...
First Circuit Affirms Ruling That Civil Rights Plaintiff Entitled To $104,626.34 In Attorney’s Fees And Costs For $7,650 Damage Verdict
Based on Massachusetts law, the First Circuit has affirmed a district court finding that a civil rights plaintiff was entitled to $104,626.34 in attorney's fees and costs when her damage award was $7,650. The Court said Massachusetts did not require that the fee award...