Rhode Island Lawyers Weekly
@rilawyersweekly.bsky.social
A statewide legal newspaper providing in-depth reporting on all state and federal courts in the Rhode Island.
Visit us: https://rilawyersweekly.com/
Visit us: https://rilawyersweekly.com/
Opinion of the Day ⚖️ Where a plaintiff served subpoenas in an effort to obtain signature exemplars, those subpoenas should be quashed because the plaintiff has not ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/evidence-handwriting-samples-subpoenas/
Evidence – Handwriting samples – Subpoenas
Where a plaintiff served subpoenas in an effort to obtain signature exemplars, those subpoenas should be quashed because the plaintiff has not established the relevance of the broad categories of documents she seeks, nor has she demonstrated that the discovery sought is not otherwise readily availab...
rilawyersweekly.com
December 30, 2025 at 7:55 PM
Opinion of the Day ⚖️ Where a plaintiff served subpoenas in an effort to obtain signature exemplars, those subpoenas should be quashed because the plaintiff has not ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/evidence-handwriting-samples-subpoenas/
Opinion of the Day ⚖️ Where (1) a Superior Court magistrate affirmed a petitioner’s Level II risk classification issued by the Sex Offender Board of Review and (2) the petitioner has filed ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/civil-practice-sex-offender-classification-4/
Civil practice – Sex offender classification
Where (1) a Superior Court magistrate affirmed a petitioner’s Level II risk classification issued by the Sex Offender Board of Review and (2) the petitioner has filed an appeal arguing primarily that his test results do not support the findings of the board or the magistrate, the board and the mag...
rilawyersweekly.com
December 29, 2025 at 7:56 PM
Opinion of the Day ⚖️ Where (1) a Superior Court magistrate affirmed a petitioner’s Level II risk classification issued by the Sex Offender Board of Review and (2) the petitioner has filed ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/civil-practice-sex-offender-classification-4/
A motion to dismiss a complaint as untimely should be allowed despite the plaintiff’s contention that his post-traumatic stress disorder is a basis for equitable tolling, a U.S. District Court judge found. https://rilawyersweekly.com/blog/2025/12/26/ptsd-equitable-tolling-1983-statute-limitations/
December 29, 2025 at 2:17 PM
A motion to dismiss a complaint as untimely should be allowed despite the plaintiff’s contention that his post-traumatic stress disorder is a basis for equitable tolling, a U.S. District Court judge found. https://rilawyersweekly.com/blog/2025/12/26/ptsd-equitable-tolling-1983-statute-limitations/
Opinion of the Day ⚖️ Where (1) an attorney agreed to represent the family of a nursing home resident who had recently fallen and died and (2) approximately one week later, the intake department ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/attorneys-conflict-prospective-client/
Attorneys – Conflict – Prospective client
Where (1) an attorney agreed to represent the family of a nursing home resident who had recently fallen and died and (2) approximately one week later, the intake department at the attorney’s law firm conducted an interview of a prospective client who worked as a nurse and potentially was involved ...
rilawyersweekly.com
December 26, 2025 at 6:55 PM
Opinion of the Day ⚖️ Where (1) an attorney agreed to represent the family of a nursing home resident who had recently fallen and died and (2) approximately one week later, the intake department ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/attorneys-conflict-prospective-client/
A judge has allowed in part and denied in part a discovery request sought by a former Dollar Tree store employee who has denied signing an arbitration agreement when she started her job. https://rilawyersweekly.com/blog/2025/12/22/dollar-tree-arbitration-discovery-employment-lawsuit/
Limited discovery allowed in Dollar Store arbitrability dispute
A U.S. magistrate judge partially granted discovery to a former Dollar Tree employee disputing arbitration in an FMLA retaliation lawsuit.
rilawyersweekly.com
December 24, 2025 at 12:09 PM
A judge has allowed in part and denied in part a discovery request sought by a former Dollar Tree store employee who has denied signing an arbitration agreement when she started her job. https://rilawyersweekly.com/blog/2025/12/22/dollar-tree-arbitration-discovery-employment-lawsuit/
Opinion of the Day ⚖️ Where a U.S. District Court judge granted a request for a preliminary injunction to prevent enforcement of a federal statute that withholds ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/16/administrative-medicaid-abortion/
Administrative – Medicaid – Abortion
Where a U.S. District Court judge granted a request for a preliminary injunction to prevent enforcement of a federal statute that withholds Medicaid funding from certain abortion providers, the preliminary injunction must be vacated because the plaintiffs are unlikely to succeed on the merits of the...
rilawyersweekly.com
December 23, 2025 at 8:52 PM
Opinion of the Day ⚖️ Where a U.S. District Court judge granted a request for a preliminary injunction to prevent enforcement of a federal statute that withholds ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/16/administrative-medicaid-abortion/
In patent law, it’s known as the “atomic bomb,” mostly due to its sweeping effect but also because of how infrequently courts resort to it. https://rilawyersweekly.com/blog/2025/12/15/inequitable-conduct-inline-plastics-patent-invalidation/
Judge voids packaging patents over inequitable conduct
A federal judge invalidated Inline Plastics’ entire patent family after finding inequitable conduct and intentional deception in prosecuting tamper-evident packaging patents.
rilawyersweekly.com
December 23, 2025 at 12:28 PM
In patent law, it’s known as the “atomic bomb,” mostly due to its sweeping effect but also because of how infrequently courts resort to it. https://rilawyersweekly.com/blog/2025/12/15/inequitable-conduct-inline-plastics-patent-invalidation/
Opinion of the Day ⚖️ Where a plaintiff who suffered an on-the-job injury has brought suit alleging a variety of employment discrimination grievances, the complaint ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/25/employment-jurisdiction-2/
Employment – Jurisdiction
Where a plaintiff who suffered an on-the-job injury has brought suit alleging a variety of employment discrimination grievances, the complaint should be dismissed because the statutory scheme for federal employees challenging employment decisions and alleging discrimination prohibit the exercise of...
rilawyersweekly.com
December 22, 2025 at 8:55 PM
Opinion of the Day ⚖️ Where a plaintiff who suffered an on-the-job injury has brought suit alleging a variety of employment discrimination grievances, the complaint ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/25/employment-jurisdiction-2/
Opinion of the Day ⚖️ Where a defendant employer filed a motion to stay and to compel arbitration, the plaintiff should be afforded very limited discovery regarding ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/arbitration-discovery-onboarding-process/
Arbitration – Discovery – Onboarding process
Where a defendant employer filed a motion to stay and to compel arbitration, the plaintiff should be afforded very limited discovery regarding her factual challenge to having electronically signed an arbitration agreement.
rilawyersweekly.com
December 19, 2025 at 7:53 PM
Opinion of the Day ⚖️ Where a defendant employer filed a motion to stay and to compel arbitration, the plaintiff should be afforded very limited discovery regarding ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/17/arbitration-discovery-onboarding-process/
Opinion of the Day ⚖️ Where the Providence Planning Commission approved a developer’s preliminary plan in reliance upon an off-street parking modification granted by the city’s zoning officer ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/16/zoning-modification-parking/
Zoning – Modification – Parking
Where the Providence Planning Commission approved a developer’s preliminary plan in reliance upon an off-street parking modification granted by the city’s zoning officer, the commission’s decision must be vacated because the zoning officer exceeded her authority by granting the modification and the commission erred in relying upon it.
rilawyersweekly.com
December 18, 2025 at 7:54 PM
Opinion of the Day ⚖️ Where the Providence Planning Commission approved a developer’s preliminary plan in reliance upon an off-street parking modification granted by the city’s zoning officer ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/16/zoning-modification-parking/
A U.S. District Court judge has ordered the immediate release of a Guatemalan petitioner, finding that he did not receive the due process he was owed at his bond hearing. https://rilawyersweekly.com/blog/2025/12/16/ice-release-ordered-due-process-immigration-bond-hearing/
Denial of bond deemed due process violation
A federal judge ordered ICE to release a Guatemalan detainee, finding due process violations in an immigration bond hearing that relied on an outdated arrest warrant.
rilawyersweekly.com
December 18, 2025 at 1:13 PM
A U.S. District Court judge has ordered the immediate release of a Guatemalan petitioner, finding that he did not receive the due process he was owed at his bond hearing. https://rilawyersweekly.com/blog/2025/12/16/ice-release-ordered-due-process-immigration-bond-hearing/
Opinion of the Day ⚖️ Where an employee sustained a left thumb laceration when he used his employer’s table saw, an order denying his petition for benefits should be upheld because ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/10/workers-compensation-prohibited-equipment-use/
Workers’ compensation – Prohibited equipment use
Where an employee sustained a left thumb laceration when he used his employer’s table saw, an order denying his petition for benefits should be upheld because the trial judge was not clearly erroneous in finding that the employee's injury from the table saw was not an actual risk of employment, re...
rilawyersweekly.com
December 17, 2025 at 8:56 PM
Opinion of the Day ⚖️ Where an employee sustained a left thumb laceration when he used his employer’s table saw, an order denying his petition for benefits should be upheld because ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/10/workers-compensation-prohibited-equipment-use/
Opinion of the Day ⚖️ Where a union has moved to adjudge an employer in contempt for its failure to pay one of its employees his full back pay, the employer has not acted in ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/05/arbitration-back-pay-contempt/
Arbitration – Back pay – Contempt
Where a union has moved to adjudge an employer in contempt for its failure to pay one of its employees his full back pay, the employer has not acted in a contemptuous manner, so the motion should be denied.
rilawyersweekly.com
December 16, 2025 at 8:45 PM
Opinion of the Day ⚖️ Where a union has moved to adjudge an employer in contempt for its failure to pay one of its employees his full back pay, the employer has not acted in ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/05/arbitration-back-pay-contempt/
Opinion of the Day ⚖️ Where a police officer who was discharged for the use of excessive force in subduing a prisoner was denied unemployment benefits, a remand is ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/05/unemployment-compensation-misconduct-49/
Unemployment compensation – Misconduct
Where a police officer who was discharged for the use of excessive force in subduing a prisoner was denied unemployment benefits, a remand is necessary because of insufficient findings regarding whether the officer committed misconduct.
rilawyersweekly.com
December 15, 2025 at 8:55 PM
Opinion of the Day ⚖️ Where a police officer who was discharged for the use of excessive force in subduing a prisoner was denied unemployment benefits, a remand is ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/05/unemployment-compensation-misconduct-49/
Opinion of the Day ⚖️ Where a Florida plaintiff’s dormant Commerce Clause challenges to the Rhode Island Cannabis Act were dismissed, a remand must be ordered because ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/01/licenses-and-permits-cannabis-ripeness-2/
Licenses and permits – Cannabis – Ripeness
Where a Florida plaintiff’s dormant Commerce Clause challenges to the Rhode Island Cannabis Act were dismissed, a remand must be ordered because it was error to dismissed the case on ripeness grounds.
rilawyersweekly.com
December 12, 2025 at 7:53 PM
Opinion of the Day ⚖️ Where a Florida plaintiff’s dormant Commerce Clause challenges to the Rhode Island Cannabis Act were dismissed, a remand must be ordered because ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/01/licenses-and-permits-cannabis-ripeness-2/
A complaint challenging the constitutionality of the Rhode Island Cannabis Act should not have been dismissed for lack of ripeness, the 1st U.S. Circuit Court of Appeals has ruled. https://rilawyersweekly.com/blog/2025/12/10/ri-cannabis-act-appeals-court-constitutional-challenge/
1st Circuit revives challenge to RI Cannabis Act
The 1st Circuit revived a constitutional challenge to Rhode Island’s Cannabis Act, ruling the case was ripe and that residency and social equity rules can be contested.
rilawyersweekly.com
December 12, 2025 at 12:13 PM
A complaint challenging the constitutionality of the Rhode Island Cannabis Act should not have been dismissed for lack of ripeness, the 1st U.S. Circuit Court of Appeals has ruled. https://rilawyersweekly.com/blog/2025/12/10/ri-cannabis-act-appeals-court-constitutional-challenge/
Opinion of the Day ⚖️ Where counsel fees and costs have been requested following a “decidedly mixed result” in a suit challenging the constitutionality of the RhodeWorks tolling program ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/05/damages-fees-and-costs-prevailing-party-status/
Damages – Fees and costs – Prevailing party status
Where counsel fees and costs have been requested following a “decidedly mixed result” in a suit challenging the constitutionality of the RhodeWorks tolling program, the state should be awarded costs in the amount of $186,156.03, while the plaintiffs should be awarded counsel fees of $2,575,111 a...
rilawyersweekly.com
December 11, 2025 at 7:56 PM
Opinion of the Day ⚖️ Where counsel fees and costs have been requested following a “decidedly mixed result” in a suit challenging the constitutionality of the RhodeWorks tolling program ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/05/damages-fees-and-costs-prevailing-party-status/
Opinion of the Day ⚖️ Where the Warren planning board granted master plan approval for the redevelopment of a historic schoolhouse and its grounds into 20 units of ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/02/municipal-affordable-housing-master-plan/
Municipal – Affordable housing – Master plan
Where the Warren planning board granted master plan approval for the redevelopment of a historic schoolhouse and its grounds into 20 units of mixed market rate and affordable housing, that decision must be vacated and a remand ordered because of deficiencies in the record and a lack of explicit find...
rilawyersweekly.com
December 10, 2025 at 8:58 PM
Opinion of the Day ⚖️ Where the Warren planning board granted master plan approval for the redevelopment of a historic schoolhouse and its grounds into 20 units of ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/02/municipal-affordable-housing-master-plan/
Opinion of the Day ⚖️ Where a petitioner found guilty of first-degree murder applied for postconviction relief, the denial of his application should be affirmed because ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/02/criminal-discovery-witness-protection-program/
Criminal – Discovery – Witness protection program
Where a petitioner found guilty of first-degree murder applied for postconviction relief, the denial of his application should be affirmed because the petitioner has failed to demonstrate that the state’s failure to disclose expenditures incurred as a result of the participation of two eyewitnesse...
rilawyersweekly.com
December 9, 2025 at 8:50 PM
Opinion of the Day ⚖️ Where a petitioner found guilty of first-degree murder applied for postconviction relief, the denial of his application should be affirmed because ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/02/criminal-discovery-witness-protection-program/
1st Circuit: A criminal defendant’s acceptance of pretrial probation under a plea deal that resulted in the dismissal of the charges does not bar her civil rights claim. https://rilawyersweekly.com/blog/2025/12/01/pretrial-probation-heck-bar-1983-excessive-force/
Panel: ‘Heck’ doesn’t bar pretrial probationer’s §1983 claim
The 1st Circuit ruled that pretrial probation without a conviction does not trigger the Heck bar, allowing a Springfield woman’s §1983 excessive force claim to proceed.
rilawyersweekly.com
December 9, 2025 at 11:54 AM
1st Circuit: A criminal defendant’s acceptance of pretrial probation under a plea deal that resulted in the dismissal of the charges does not bar her civil rights claim. https://rilawyersweekly.com/blog/2025/12/01/pretrial-probation-heck-bar-1983-excessive-force/
Opinion of the Day ⚖️ Where a defendant has moved to suppress statements that he made when he was interviewed by members of the State Police Internet Crimes Against Children Task Force after they arrived at ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/27/criminal-interrogation/
Criminal – Interrogation
Where a defendant has moved to suppress statements that he made when he was interviewed by members of the State Police Internet Crimes Against Children Task Force after they arrived at his home to execute search and arrest warrants for his alleged possession of child pornography, the motion should b...
rilawyersweekly.com
December 8, 2025 at 8:53 PM
Opinion of the Day ⚖️ Where a defendant has moved to suppress statements that he made when he was interviewed by members of the State Police Internet Crimes Against Children Task Force after they arrived at ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/27/criminal-interrogation/
A Superior Court judge has remanded the Newport Zoning Board of Review’s denial of a proposal for a hotel, restaurant and banquet facility on Waites Wharf. https://rilawyersweekly.com/blog/2025/12/04/waites-wharf-hotel-denial-remanded-newport-zoning/
Remand ordered in Newport zoning dispute
A Rhode Island judge remanded the Newport Zoning Board’s denial of a Waites Wharf hotel project, ordering specific findings of fact and clearer legal conclusions.
rilawyersweekly.com
December 8, 2025 at 12:46 PM
A Superior Court judge has remanded the Newport Zoning Board of Review’s denial of a proposal for a hotel, restaurant and banquet facility on Waites Wharf. https://rilawyersweekly.com/blog/2025/12/04/waites-wharf-hotel-denial-remanded-newport-zoning/
Opinion of the Day ⚖️ Where (1) a plaintiff involved in a motor vehicle collision brought a negligence complaint against the defendant driver, (2) when the plaintiff’s demand for underinsured motorist benefits ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/02/insurance-stay-severance/
Insurance – Stay – Severance
Where (1) a plaintiff involved in a motor vehicle collision brought a negligence complaint against the defendant driver, (2) when the plaintiff’s demand for underinsured motorist benefits under his own policy was denied, he added the insurance company as a defendant and (3) the insurer has moved t...
rilawyersweekly.com
December 5, 2025 at 7:55 PM
Opinion of the Day ⚖️ Where (1) a plaintiff involved in a motor vehicle collision brought a negligence complaint against the defendant driver, (2) when the plaintiff’s demand for underinsured motorist benefits ... CONTINUE: https://rilawyersweekly.com/blog/2025/12/02/insurance-stay-severance/
Town officials were not entitled to seal inadvertently disclosed executive session minutes related to an eminent domain dispute, a U.S. District Court judge has ruled. https://rilawyersweekly.com/blog/2025/12/01/coventry-eminent-domain-privilege-waiver-executive-session/
Town can’t seal executive session minutes
A federal judge ruled Coventry waived attorney-client privilege after executive session minutes on an eminent domain plan were publicly posted for 475 days before removal.
rilawyersweekly.com
December 5, 2025 at 12:57 PM
Town officials were not entitled to seal inadvertently disclosed executive session minutes related to an eminent domain dispute, a U.S. District Court judge has ruled. https://rilawyersweekly.com/blog/2025/12/01/coventry-eminent-domain-privilege-waiver-executive-session/
Opinion of the Day ⚖️ Where defendants have been sued by a former employee under the Employee Retirement Income Security Act, they are not owed ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/27/insurance-duty-to-defend-erisa/
Insurance – Duty to defend – ERISA
Where defendants have been sued by a former employee under the Employee Retirement Income Security Act, they are not owed a duty to defend under a general liability insurance policy, as the policy’s “Employee Benefits Liability Coverage Endorsement” does not apply in the absence of any allegat...
rilawyersweekly.com
December 4, 2025 at 8:53 PM
Opinion of the Day ⚖️ Where defendants have been sued by a former employee under the Employee Retirement Income Security Act, they are not owed ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/27/insurance-duty-to-defend-erisa/