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The Rhode Island Supreme Court has held that orders entered in two bankruptcy proceedings granting relief from stay to permit a foreclosure sale to proceed and then finding that the sale was valid were res judicata with respect to a subsequent action the...
The Rhode Island Supreme Court has held that the Narragansett Indian Tribe ("the Tribe") has standing under a state statute to challenge the constitutionality of state legislation allowing the state's two casinos to add table games. The Tribe alleges it will lose...
The Rhode Island federal district court has held that one adequately pled actionable misstatement combined with an adequate pleading of scienter with respect to that misstatement is sufficient to defeat defendants' motion to dismiss a shareholders' class action...
In a case of first impression in Rhode Island, the federal district court has held that a workers compensation carrier is not subrogated to the worker's third-party recovery to the extent it was paid for pain and suffering. The court held the carrier was entitled to...
The Rhode Island federal district court has held that a property owner has adequately pled a substantive due process violation where, in response to the City's "Order to Make Safe through Demolition," plaintiff provided the City with an engineer's report that the...
The First Circuit Court of Appeals has held that a homeowner is not a third-party beneficiary of the federal Home Affordable Modification Program ("HAMP") and that the mortgagee had no contractual or other legal duty to the homeowner to negotiate a modified mortgage....
The Rhode Island Supreme Court has held that a seventeen year old cannot use the "attractive nuisance" doctrine to sue the State of Rhode Island for personal injuries he suffered-when he was exposed to hazardous materials while trespassing on State property. The youth...
The Rhode Island Supreme Court has held that a mortgagor has standing to challenge a transfer of his mortgage in an effort to prevent a foreclosure. However, the Court otherwise denied the mortgagor's claims in his suit to halt a foreclosure. In 2006, plaintiff...
Based on Massachusetts law, the First Circuit has affirmed a district court finding that a civil rights plaintiff was entitled to $104,626.34 in attorney's fees and costs when her damage award was $7,650. The Court said Massachusetts did not require that the fee award...
The First Circuit Court of Appeals has affirmed a bankruptcy court decision that a debtor's home equity loan debt was non-dischargeable because it was created through false pretenses. The debtor knew the line of credit should have been closed when she sold her home...
