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The Rhode Island Supreme Court has affirmed the use of the "Connecticut" rule with respect to when a landlord has an obligation to begin removing snow and ice following a storm. The rule states that the landlord does not have a duty to begin removing the snow or ice...
The First Circuit has remanded 150 so-called "MERS" cases for action on a magistrate judge's recommendation that some be dismissed for lack of subject matter jurisdiction and for hearings on whether the district court should continue foreclosure stays imposed in...
The Superior Court has adopted the "frequency, regularity, proximity" test for proof of causation in asbestos. The Court considered and rejected several alternative tests: the "exposure-to-risk" test, the "defendant-specific-dosage-plus-substantial-factor" test, and...
The Rhode Island Superior Court has held that a bank that foreclosed on its secured interest in an office building is not liable for unjust enrichment to unsecured contractors that had improved the property. The bank had financed the purchase and improvements to the...
The Rhode Island Superior Court has denied a motion for summary judgment holding that a manufacturer of valves had a duty to warn about the dangers of replacement asbestos-containing gaskets and packing manufactured by third-parties. Plaintiff alleged he was exposed...
The Rhode Island Superior Court has granted a defendant's motion to amend its pleadings to assert the government contractor defense in an asbestos case. Plaintiff had objected because the defendant had not asserted the defense in its initial answer and trial was...
The Rhode Island Supreme Court has rejected the application of the doctrine of res ipsa loquitor (RIL) to products liability claims against a car dealer where plaintiff's injury occurred three years after the sale of the vehicle. The Court similarly denied negligent...
The Rhode Island Supreme Court has held that an in-house counsel's Powerpoint slides respecting insurance coverage for a lawsuit created for a presentation for the company's board of directors are factual work-product and that the company did not waive its privilege...
The Rhode Island Superior Court has dismissed some but not all claims a plaintiff has filed for sexual harassment. Plaintiff alleged that she was an "on-air radio personality" for a local radio station's morning show. One of her "characters" was "Anaconda," a...
In the context of a medical malpractice case, the Supreme Court has held that it was not error for the trial court sua sponte to instruct the jury not to consider what affect insurance may have on the case or whether the case will affect the defendants' insurance...
