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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...
The First Circuit has enforced the arbitration clause in a law firm's attorney-client engagement letter and required the firm's former client to arbitrate his claims for legal malpractice and violation of the Maine Unfair Trade Practices Act. Plaintiff was a licensed...
The Rhode Island Superior Court has held one competitor cannot maintain a claim for tortious interference with contract against another competitor who solicited away customers when there were no binding contracts with the customers and the other competitor's...
Rhode Island's federal district court has denied plaintiff's motion filed after the close of fact discovery to assert a third-party claim with respect to defendant's counterclaim. The court held the motion was untimely and the proposed third-party complaint deficient...
A civil lawsuit related to a high-profile criminal prosecution has resulted in the First Circuit referring two questions respecting Rhode Island law on annuities to the Rhode Island Supreme Court. The questions are: 1) If the owner and beneficiary of an annuity with a...
In a case concerning the discovery of psychiatric records, the Rhode Island Supreme Court has remanded the matter to the Superior Court for additional findings pursuant to the Confidentiality of Health Care Information Act ("CHCIA"), R.I.G.L 5-37.3-1, et seq. The...
The First Circuit Court of Appeals has affirmed the dismissal for failure to plead fraud with specificity of a qui tam action against a pharmaceutical company alleging violations of the False Claims Act. The State of Rhode Island was one of the governments on behalf...
Strauss Factor Attorney Diane Kildea Wins Her First Superior Court Trial Fresh off her completion of the rigorous MCLE trial practice course, Strauss Factor attorney Diane Kidlea won her first Superior Court "trial." It began as an apparently simple bench hearing to...
The Rhode Island Supreme Court has held that the executor of the estate of a deceased plaintiff cannot introduce a written statement given by the decedent to her insurer without the testimony of the insurer's recordkeeper establishing the statement as its business...
The Rhode Island Superior Court has held that by unconditionally accepting the usual rent payment a commercial landlord has waived the provision in a lease providing for double the usual rent payments when a tenant remains in possession past the term of the lease....
