This news is a bit old but still worth noting. Last summer, our associate Diane Kildea completed the very rigorous trial practice program offered by the Massachusetts Continued Legal Education association. This program consists of 8 consecutive, full days of...
Firm News
First Circuit Affirms Dismissal of Wrongful Termination Claims
The First Circuit has affirmed the district court's grant of summary judgment on a variety of wrongful termination claims brought by a sales representative against the printing company that fired him and the company's principal. The various claims include unjust...
Federal District Court Screams For Ice Cream Franchise Venue Provision
In a decision sprinkled with ice cream puns, the Rhode Island federal district court has enforced a venue provision in an ice cream store franchise agreement and ordered the case transferred to the District of Arizona. The court rejected the franchisees' arguments...
R.I. Supreme Court Holds Trial Court Abused Discretion By Excluding Or Discounting Expert Testimony On Value of Stone Wall And Trees
The Rhode Island Supreme Court has held the Superior Court abused its discretion by excluding the potential testimony of a geology professor as an expert on stone walls and by discounting the expert testimony of a professional arborist on the value of trees. The Court...
Federal District Court Allows Malpractice Claim For Unauthorized Practice Of Law
The federal district court has denied defendant lawyers' motion for judgment on the pleadings holding that issues of fact preclude dismissal of plaintiff's legal malpractice claim for the authorized practice of law. Plaintiff suffered medical malpractice when treated...
Strauss Factor Lawyer Meghan Barry Does Some Fancy Stepping
One of our lawyers, Meghan "Riverdance" Barry, does Irish step-dancing as a hobby. She did it as a child and a couple of years ago began again for fun and fitness, although apparently, she is still quite competitive. She danced on Sunday and her dance team got a first...
Superior Court Holds Hotel Operator Was Not Third-Party Beneficiary Of Owner’s Contract With General Contractor But Issue Of Fact Whether Operator Was Assignee Of Owner
In a dispute over the construction of a Newport hotel, the Rhode Island Superior Court has partially granted and partially denied the general contractor's summary judgment motion respecting whether the hotel operator could bring claims for damages. The Court held as a...
Superior Court Holds DBR Lacks Authority To Authorize Sale Of Distilled Liquor By The Bottle
The Superior Court has held that the Rhode Island Department of Business Regulation ("DBR") lacked the authority to authorize a nightclub (the "Club") to sell distilled liquor by the bottle to its patrons in the "VIP" section. In a challenge brought by the Providence...
Asbestos-Superior Court Grants In Camera Review Of Bankruptcy Trust Claims Forms To Determine Discoverability
In ruling on defendant's motion for reconsideration, the Rhode Island Superior Court has held it will do an in camera review of plaintiff's bankruptcy trust claims forms to determine if they are discoverable to support defendant's theory that the forms may contradict...
Superior Court Holds Majority Owners Of LLCs In Civil Contempt For Distributing Assets
The Superior Court has held the majority owners of a limited liability corporation in civil contempt for distributing assets to themselves in violation of a temporary restraining order. The Court held the distributions were not in the ordinary course of business where...
