In Rhode Island, public access advocates, as well as local and state officials, continue efforts to secure access for the public to and along the shore. My August post, “How About a Walk on the Beach,” summarized the history...more
Deciding whether to include a prevailing party attorneys’ fee provision in a contract is important, as doing so has significant risk and cost implications of litigation. Prevailing party provisions foster dispute...more
In Westconnaug Recovery Co., LLC v. U.S. Bank N.A, the Rhode Island Supreme Court has continued to rule against redemption and in favor of strict application of the Rhode Island's Tax Title Act. Specifically, an interested...more
August. Dog days of summer. And also the best time to take a relaxing stroll along the beach. But where? Public beaches are often still crammed if you can find a place to park. But many of us know of a public access path to...more
Most bond forms in use today, including the standard form AIA A312-2010, contain express condition precedents that trigger a surety’s obligations under the bond. Under a performance bond, the bond obligee is required to...more
In Montaquila v. Flagstar Bank, the Rhode Island Supreme Court rejected a borrower's attempt to expand the plain language of the U.S. Department of Housing and Urban Development's (HUD) federal regulation requiring loan...more
The Rhode Island Department of Transportation (RIDOT) filed a third-party lawsuit against a contractor’s performance bond surety (“Surety”) alleging the Surety must indemnify RIDOT for the contractor’s indemnity obligations...more
The Supreme Court of Rhode Island (“Appellate Court”) in a February 21st Opinion addressed a tax assessment issue involving a solar array. See Polseno Properties Management, LLC v. Keeble, 2023 WL 2125824. The question...more
The Rhode Island Supreme Court held that it would excuse a statute of limitations violation because of the unique circumstances posed by the COVID-19 pandemic. ...more
In a case of first impression, the Rhode Island Supreme Court this term held that a homeowner has (1) ten years following the substantial completion of an improvement to real property to discover a latent defect and (2) three...more
In Mondoux v. Vanghel, No. 2018-219, 2021 R.I. LEXIS 2, 2021 WL 264542, the Supreme Court of Rhode Island considered whether to apply the “discovery rule” to toll the ten year statute of limitations in R.I. Laws § 9-1-13(a)...more
2021 has ushered in not only a new Rhode Island Supreme Court, but also significant technical upgrades as the Court officially converts to electronic filing. Beginning January 29, 2021, attorneys must submit all filings to...more
For the first time in a decade, the Rhode Island Supreme Court is about to have a new composition. Justices Melissa A. Long and Erin Lynch Prata will fill the seats vacated by retired Justices Gilbert V. Indeglia and Francis...more
In a case of first impression, the Rhode Island Supreme Court concluded in Woel v. Christiana Trust that mortgage default notices sent to borrowers must strictly comply with the notice requirements included in a mortgage. The...more
The Supreme Court of Rhode Island (“Court”) addressed in a June 1st opinion a challenge to the Rhode Island Public Utilities Commission’s (“PUC”) imposition of a tax as it related to companies that produce and distribute wind...more
The Rhode Island Supreme Court, in a matter of first impression, recently issued a decision in which it held that the notice of default must strictly comply with the requirements set forth in paragraph 22 of the mortgage. ...more
In a case having broad implications for residential real estate transactions, title insurance companies, and the mortgage industry, the Rhode Island Supreme Court on May 29 addressed the issue of whether residential real...more
On June 2, 2020, the Rhode Island Supreme Court issued its long-awaited decision regarding the requirements of declaring a default and acceleration under the requirements of paragraph 22 of the standard mortgage form. See...more
With the COVID-19 pandemic adversely impacting both the state’s economy overall and individual businesses, the Rhode Island Superior Court, Presiding Justice Alice Bridget Gibney, issued an Order dated March 31, 2020 creating...more
As a mother of a three (3) year old, I spend a fair amount of time (more than I’d like to admit) immersed in animated television programs. I am struck by how many of these programs revolve around pets. From Chase from “Paw...more
Last year, we reported on a Massachusetts Land Court decision, which interpreted Uniform Commercial Code section 3-309 to conclude that a mortgagee cannot foreclose in reliance upon a lost note affidavit, because the 1990...more
Chief Justice Mark Martin has named 2018 "The Year of Legal Professionalism" in North Carolina. This proclamation will not be the only focus on the professionalism of our lawyers this year, though. Recognition of lawyers with...more
In the first Rhode Island Supreme Court decision to address the Rhode Island Judiciary’s new electronic filing system, the Court cautioned counsel to confirm the accuracy of their service contact information to ensure receipt...more
In a decision that impacts most litigators in Rhode Island, the Rhode Island Supreme Court has held that affidavits or testimony offered to support a claim for attorneys’ fees must be from a member of the Rhode Island Bar who...more
In December 2015, the Rhode Island Supreme Court issued an opinion holding that Rhode Island’s Uniform Condominium Act provides a true “super-priority” lien to condominium owner associations (COAs) when a condominium owner is...more