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In a brief but detailed analysis the Rhode Island Bankruptcy Court has explained the proper way for debtors' counsel to calculate whether judicial liens are avoidable. The decision did not change the result in the case-the liens were dischargeable-but the court hoped...
In an apparent case of first impression in Rhode Island, the bankruptcy court has held that the debtor's receipt of a fraudulent transfer is a dischargeable debt in the absence of evidence that the debtor made a misrepresentation. The court aligned itself with two...
In what appears to be a decision of first impression, the federal district court in Rhode Island has held that its inadvertent failure to poll individually a civil jury is not grounds for a new trial. Rule 48 of the Federal Rules of Civil Procedure was amended in 2009...
The Rhode Island federal district court has accepted a report and recommendation that a motion to remand a personal injury claim case be denied because the probable value of the claim exceeds the jurisdiction amount. The Court rejected plaintiff's argument that a...
In a fiercely contested asbestos case, the Rhode Island Superior Court has issued its third decision on the question of whether the sole remaining defendant can discover claims forms that plaintiff submitted to various bankruptcy trusts. After an in camera review of...
The First Circuit has affirmed the dismissal of products liability claims against a shoe manufacturer because plaintiff failed to show defendant's shoes presented a "heightened risk" of entrapment on escalators. The Court said various facts did not substantiate that...
The Rhode Island Superior Court has held that the state's largest hospital may be liable to the widow of a deceased HVAC worker who was allegedly exposed to asbestos while performing ductwork at the hospital in the 1960s and 1970s. The court said if the hospital knew...
In an asbestos case, the Rhode Island Superior Court has denied a defendant's motion to preclude plaintiff's replacement "naval" expert identified shortly before the trial. The court said that since the trial date was postponed and defendant did not attempt to to...
The Rhode Island Superior Court has held it will allow a putative class of shareholders to conduct "limited and targeted" expedited discovery in advance of a shareholders' meeting to vote on the proposed acquisition of the defendant corporation's stock by another...
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...
