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The First Circuit has held that an environmental indemnity agreement is limited to costs related to liabilities to third-parties and necessary to prevent the release of hazardous materials. The Court rejected an argument that the agreement covered environmental...
In a long-running environmental case (yes, I recognize the redundancy), the federal district court has granted the United States' motion for protective order respecting the deposition of one of its attorneys. The Court said the proposed testimony, to the extent it has...
In a dispute between the second wife of the patriarch of a closely-held corporation ("Corporation") and his three sons from his first marriage, the Superior Court, applying Massachusetts law, has held that issues of fact preclude summary judgment where it is disputed...
The United States District Court has dismissed civil rights claims against a town building official holding that his conduct, while bureaucratic or even a "pain in the ass," did not shock the conscience such that it would support claims for violation of substantive...
The Bankruptcy Court of the District of Rhode Island has held that it will sanction an attorney for filing repeated, meritless motions to amend an adversary complaint. The attorney represented a creditor that had filed an adversary complaint objecting to the discharge...
The Rhode Island Supreme Court has held that the owners of a private premises have no duty to pedestrians to maintain a public sidewalk abutting their premises or to warn pedestrians about dangerous conditions of the sidewalk. The Court also held that a municipal...
The Rhode Island Superior Court has held in an asbestos case that photographs taken by defendants' forensic photographer during an inspection of the jobsite of plaintiff's decedent are not protected by the work-product doctrine from discovery by plaintiff who also...
The Bankruptcy Appellate Panel of the First Circuit has affirmed a holding that an attorney's fees for services rendered to the debtor were discharged where the attorney failed to establish that the insured fraudulently retained her. The attorney represented the...
The First Circuit has reversed a judgment that entered on behalf of a flood insurance policyholder. The Court held that the insured failed to comply with the special requirements under federal law to recover under the policy, in particular of submitting a timely claim...
This is the most recent decision in a long-festering morass of state and federal litigation respecting a condominium development in Newport, Rhode Island known as "Goat Island South" ("GIS"). The title insurer for the development moved for summary judgment on a $10...
