Nicole Benjamin

Nicole Benjamin

Adler Pollock & Sheehan P.C.

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Fast Five: Rhode Island Appellate Practice - September 2014

In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of...more

9/24/2014 - Appeals Duty of Care Healthcare Professionals Medical Examinations Medical Malpractice Medical Records Negligence

Fast Five: Rhode Island Appellate Practice: The McAuslan Doctrine

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

8/27/2014 - Appeals Interlocutory Appeals Leave to Amend McAuslan Doctrine Motions to Quash Petition for Writ of Certiorari Reviewability Determinations

Fast Five: Rhode Island Appellate Practice - August 2014

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

8/5/2014 - Appeals Authentication Burden of Proof Evidence Evidentiary Rulings Genuine Issue of Material Fact Judgment on the Pleadings Negligence Reply-Letter Doctrine Summary Judgment

Fast Five: Rhode Island Appellate Practice - July 2014

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

7/23/2014 - Abuse of Discretion Appeals Class Certification Federal Rules of Civil Procedure Injunctions Motion To Strike Rule 23 Rule 23(c)(1) Summary Judgment Unfair or Deceptive Trade Practices

Fast Five: Rhode Island Appellate Practice - April 2014 (2)

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

4/29/2014 - Appeals Cross-Claims Federal Rules of Civil Procedure Miller Motion to Dismiss Notice of Appeal

Fast Five: Rhode Island Appellate Practice - April 2014

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

4/1/2014 - Appeals Independent Contractors Vicarious Liability

Fast Five: Rhode Island Appellate Practice - March 2014: Lenders Beware! Usury Savings Clause Does Not Validate Usurious...

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

3/11/2014 - Appeals Contracts Clause Interest Rates Loans Usury

Fast Five: Rhode Island Appellate Practice: Winter Storm Warning For Rhode Island Landlords And Business Owners

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

2/18/2014 - Appeals Commercial Tenants Landlords Premises Liability Tenants

Fast Five: Rhode Island Appellate Practice - February 2014

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

2/6/2014 - Appeals Exclusive Jurisdiction Failure to Perfect Motions in Limine Parental Rights Record Preservation Sanctions Statute of Limitations

Fast Five: Rhode Island Appellate Practice - January 2014: Premises Liability Update: Rhode Island Supreme Court Holds That...

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

1/21/2014 - Appeals Attractive Nuisance Duty of Care Minors Trespass

Fast Five: Rhode Island Practice Group - January 2014

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

1/7/2014 - Appeals Final Judgment Interlocutory Appeals Summary Judgment

Fast Five: Rhode Island Practice Group - November 2013: Premises Liability Update: Rhode Island Supreme Court Confirms That...

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

11/12/2013 - Appeals Duty of Care Premises Liability Summary Judgment

Fast Five: Rhode Island Practice Group - October 2013: What It Means To Be Prepared For Oral Argument Before The Rhode Island...

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

10/15/2013 - Appeals Oral Argument

Fast Five: Rhode Island Appellate Practice: Special Edition: Recent Law Clerks Provide Pointers For Practice Before The Rhode...

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

9/25/2013 - Appeals Oral Argument

Fast Five: Rhode Island Appellate Practice: September 2013

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

9/10/2013 - Appeals Certiorari Petitions for Review

Rhode Island Appellate Practice - Special Edition: Statistics on Resolution of Cases before the Rhode Island Supreme Court

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

8/27/2013 - Annual Reports Appeals

Fast Five: Rhode Island Appellate Practice: August 2013

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

8/13/2013 - Appeals Appellate Rules Final Judgment Summary Judgment

Rhode Island Insurance Law Update: Rhode Island Supreme Court Voids Contractual Limitations Period in Insurance Policy as Against...

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

7/15/2013 - Appeals Auto Insurance Car Accident Insurers Statute of Limitations

Fast Five: Rhode Island Appellate Practice: July 2013

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

7/8/2013 - Appeals

Fast Five: Rhode Island Appellate Practice: June 2013 #2

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

6/24/2013 - Appeals Appellate Briefs Legal Writing Oral Argument

Fast Five - Rhode Island Appellate Practice: June 2013

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

6/18/2013 - Appeals Court Reporters Discovery Information Sharing Privilege Logs Transcripts Work Product Privilege Work-Product Doctrine

Fast Five - Rhode Island Appellate Practice: May 2013 (Special Edition)

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

5/31/2013 - Appeals Mediation

Fast Five - Rhode Island Appellate Practice: May 2013

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

5/17/2013 - Appeals Certiorari Motion to Dismiss Notice of Appeal

Fast Five - Rhode Island Appellate Practice: April 2013

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

4/24/2013 - Appeals Appellate Rules Interlocutory Appeals Oral Argument Photographs Premature Claims Summary Judgment

Ethics Advisory Panel Concludes that Ex Parte Communications with Adversary’s Former Employee Are Permitted in Rhode Island

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

2/11/2013 - Ethics Advisory Panel Ex-Parte Communications Former Employee Legal Ethics Rule 4.2

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