In its decisions this term, the Rhode Island Supreme Court addressed at length the McAuslan Doctrine, a judicial exception to the general rule that interlocutory orders are not immediately reviewable. The Court’s decisions...more
Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions.
1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more
With the dog days of summer upon us, the Rhode Island Supreme Court has concluded its Spring 2014 term, leaving practitioners with new guidance on a variety of trial and appellate practice issues. In one of its last...more
1. NOTICES OF APPEAL MUST BE FILED WITHIN 20 DAYS.
As a general matter, a notice of appeal must be filed within 20 days of “the date of the entry of the judgment, order, or decree appealed from.” R.I. Sup. Ct. R. App....more
RHODE ISLAND BUSINESSES:ARE YOU TOO CONTROLLING?
Your employees, but not your independent contractors, may think so.
A Rhode Island Supreme Court decision this term serves as an important reminder for businesses...more
In a case of first impression that has important implications for lenders in Rhode Island, the Rhode Island Supreme Court held this term that a usury savings clause in a commercial loan document does not validate an otherwise...more
Before the next big winter storm packs a punch, if you are a landlord or business owner in Rhode Island, make sure you understand your obligation to remove snow accumulation and treat surface areas on your premises. ...more
TRIAL COURTS MAY NOT CIRCUMVENT SUPREME COURT’S EXCLUSIVE JURISDICTION TO ENLARGE TIME FOR APPEAL.
In an order this term, the Rhode Island Supreme Court held that the Family Court exceeded its authority when it vacated...more
In Burton v. Rhode Island, No. 2012-213-Appeal; 2012-268-Appeal, the Rhode Island Supreme Court held that a 17-year-old trespasser could not invoke the attractive-nuisance doctrine because he could not establish that he did...more
This term, the Rhode Island Supreme Court spilled much ink on the final judgment rule. See Maciel v. Davey, No. 2012-222-Appeal and Baker v. Mitchell, No. 2013-17-Appeal. In two orders the Court dismissed interlocutory...more
In one of the first decisions issued this term, the Rhode Island Supreme Court confirmed in Wyso v. Full Moon Tide, LLC, No. 2012-195-Appeal; 2012-359-Appeal that neither property owners nor lessees of real property owe a...more
Fall is my favorite season. As the foliage begins to take on the shades of yellow, orange, red and brown that are representative of the change of the season, squirrels and chipmunks begin their feverish efforts to collect...more
This special edition of the Fast Five on Rhode Island Appellate Practice features guest bloggers Jamie J. Bachant, Esq. and Amy Goins, Esq., who recently completed clerkships with Rhode Island Supreme Court Justice Gilbert V....more
1. IN RHODE ISLAND, THE WRIT OF CERTIORARI IS INDEED EXTRAORDINARY.
There are two distinct procedural mechanisms for obtaining review by the Rhode Island Supreme Court. The most common is the appeal, which may be...more
This special edition of the Fast Five on Rhode Island Appellate Practice features four questions an appellate attorney should be prepared to answer. Statistics reported in the Rhode Island Judiciary’s 2012 Annual Report...more
SUPREME COURT HOLDS THAT A PARTY WHO IS NOT AGGRIEVED BY A JUDGMENT CANNOT BE QUALIFIED AS AN APPELLANT.
In Lombardi v. City of Providence, No. 2012-86-Appeal, the Rhode Island Supreme Court reminded litigants that a...more
In a case of first impression that has important ramifications for insurers, the Rhode Island Supreme Court held this term that a contractual limitations period contained in an uninsured/underinsured (“UM/UIM”) provision of...more
SUPREME COURT STAUNCHLY ADHERES TO RAISE OR WAIVE RULE.
The raise or waive rule, arguably one of the most important rules of appellate practice, is strictly adhered to by the Rhode Island Supreme Court....more
Among the many programs offered at this year’s Rhode Island Bar Association Annual Meeting was a continuing legal education program titled “Dos and Don’ts of Appellate Practice.” The panel, moderated by my colleague, John...more
This edition of the Fast Five on Rhode Island Appellate Practice features the final chapter of the case that is commonly known in Rhode Island as the “Lead Paint Case.” Two decisions issued by the Rhode Island Supreme Court...more
This special edition of the Fast Five on Rhode Island Appellate Practice features a Q & A with retired Rhode Island Supreme Court Chief Justice Frank J. Williams. Since his retirement in 2008, Chief Justice Williams has...more
Rhode Island Appellate Practice -
Welcome to the Fast Five on Rhode Island Appellate Practice, which provides five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island...more
Welcome to the first edition of Fast Five on Rhode Island Appellate Practice, which will provide five periodic updates on Rhode Island appellate law and pointers for practice before the Rhode Island Supreme Court. ...more
In January, Rhode Island Lawyers Weekly identified the Most Important Decisions of 2012. Among the featured decisions was the Rhode Island Supreme Court Ethics Advisory Panel’s Opinion No. 2012-02, a decision that adds yet...more