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The federal district court has dismissed The City of Providence's state law False Claims Act claim against its pension consultants but otherwise denied defendant's motion to dismiss the complaint. The City claims the consultants provided negligent advice related to...
The Rhode Island Superior Court has held that a defendant, a certain Miller, who sold a house built partially on a utility company's easement violated Rhode Island's Deceptive Trade Practices Act, among other claims. A defendant developer acquired the property in...
The First Circuit Bankruptcy Appellate Panel has held that a settlement of claims against the debtor funded by the debtor's affiliated company and investors is not a preferential transfer to the creditor. The debtor, Freaky Bean Coffee Company ("Freaky Bean"),...
Rhode Island's federal district has found several ambiguities in the parties' prior settlement agreement and denied in part cross-motions for summary judgment based on that agreement. The Court found the parties did not have a fiduciary relationship to each other. ...
Rhode Island's federal district court has denied an insurer's motion to dismiss claims against it by plaintiff alleging that a defunct corporation's insurance policy covers plaintiff's intentional misrepresentation claims against the corporation. Plaintiff sued the...
Rhode Island's federal district court has held that Rhode Island law on post-judgment attachments applies to plaintiff's motion to attach property outside of Rhode Island owned by defendants who do not reside in Rhode Island. The Court rejected defendants' arguments...
The bankruptcy court has denied debtors' post-confirmation motion to exclude from a Chapter 13 plan the proceeds of their personal injury claims where they had not objected to an order confirming the plan that included those proceeds within the plan. The Court said...
Rhode Island's bankruptcy court has held that a debtor's failure to pay post-petition child support was a sufficient basis to convert his Chapter 13 bankruptcy to a Chapter 7. The debtor and his wife had divorce proceedings in the Rhode Island Family Court in which...
Until 2012, Rhode Island's bankruptcy court had had just one judge and for 44 years that was the Honorable Arthur Votolato who was initially appointed as a bankruptcy referee. He retired last year and Diane Finkle was appointed to replace him after 30 years in...
In what it called a case of first impression, the Rhode Island Superior Court has held that the Department of Business Regulation ("DBR") has jurisdiction to hear appeals of fines imposed by local licensing boards. However, DBR is not required to hold a de novo...
