Rhode Island Lawyers Weekly

Criminal – Discovery – PII Where the United States moved for a protective order limiting the access of two defendants to discovery materials that contain “personally identifiable information,” the motion should be allowed as to one of the defendants because the government has established reason to believe he would not obe...

Opinion of the Day ⚖️ Where the United States moved for a protective order limiting the access of two defendants to discovery materials that contain “personally identifiable information,” the motion should be ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/30/criminal-discovery-pii/

Jurisdiction lacking over request to confirm arbitration award The 1st Circuit vacated a ruling in Puerto Rico Telephone Co.’s arbitration case, citing the Supreme Court’s Badgerow v. Walters jurisdiction decision.

A U.S. District Court judge who found that a plaintiff lacked standing to apply for confirmation of an arbitration award has been ordered to dismiss the application. https://rilawyersweekly.com/blog/2025/10/29/1st-circuit-dismisses-puerto-rico-arbitration-case/

Unemployment compensation – Misconduct – Dipping tobacco Where the Board of Review of the Department of Labor and Training granted employment security benefits to an employee who was discharged for violating his employer’s policy prohibiting the use of dipping tobacco at work, the decision rendered by the board may not stand, as it does not conform to l...

Opinion of the Day ⚖️ Where the Board of Review of the Department of Labor and Training granted employment security benefits to an employee who was discharged for violating ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/29/unemployment-compensation-misconduct-dipping-tobacco/

Social services – Disability – SkillTRAN website Where an administrative law judge denied a claim for Supplemental Security Income, that decision should be upheld because the plaintiff’s challenge to a vocational expert’s reliance on “Job Browser Pro online” has been waived and lacks merit.

Opinion of the Day ⚖️ Where an administrative law judge denied a claim for Supplemental Security Income, that decision should be upheld because the plaintiff’s challenge ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/21/social-services-disability-skilltran-website/

Expert’s reliance on ‘SkillTRAN’ software deemed valid A U.S. magistrate judge upheld the denial of Social Security disability benefits, rejecting claims that a vocational expert’s reliance on Job Browser Pro was flawed.

A U.S. magistrate judge has upheld the denial of an application for Social Security disability benefits, finding no merit to the applicant’s challenge. https://rilawyersweekly.com/blog/2025/10/27/social-security-benefits-denial-job-browser-pro/

Patent and trademark – Word mark – ‘WE DIG’ Where a plaintiff has alleged trademark infringement, the defendants should be awarded summary judgment because the plaintiff has presented no evidence that its word mark was used by the defendants, nor has the plaintiff demonstrated any likelihood of consumer confusion.

Opinion of the Day ⚖️ Where a plaintiff has alleged trademark infringement, the defendants should be awarded summary judgment because the plaintiff ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/21/patent-and-trademark-word-mark-we-dig/

With AI, hallucination crackdown just one thing for lawyers to worry about Judges warn attorneys against citing fake AI cases, with sanctions and ethics concerns rising as courts confront ChatGPT hallucinations in filings.

Judges are rapidly losing patience with attorneys who fail to catch fake case citations and other “hallucinations” AI tools are inserting into court filings, the Massachusetts Office of Bar Counsel warned. https://rilawyersweekly.com/blog/2025/10/20/judges-ai-fake-case-citations-legal-sanctions/

Employment – Retaliation Where a defendant employer has moved for summary judgment on a retaliation claim, the employer’s motion should be allowed because (1) the plaintiff employee has not met her prima facie burden of demonstrating any materially adverse employment actions and (2) no reasonable jury could find the plain...

Opinion of the Day ⚖️ Where a defendant employer has moved for summary judgment on a retaliation claim, the employer’s motion should be allowed because ... CONTINUED: https://rilawyersweekly.com/blog/2025/10/21/employment-retaliation-5/

Insurance – Health care – Therapy Where a complaint has been filed against a defendant insurer to obtain reimbursement for the plaintiff’s stay at Aspiro Wilderness Adventure Therapy, the insurer’s motion to dismiss should be denied because of the existence of issues regarding whether the services provided were “covered health...

Opinion of the Day ⚖️ Where a complaint has been filed against a defendant insurer to obtain reimbursement for the plaintiff’s stay at Aspiro Wilderness Adventure Therapy, the insurer’s motion to dismiss should ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/21/insurance-health-care-therapy/

‘Lifetime contracts law’ doesn’t violate state constitution A Rhode Island judge ruled that the state’s “lifetime contracts” law for teachers and municipal employees does not violate the state constitution’s Contract Clause.

The so-called “lifetime contracts” law does not violate the Contract Clause of the Rhode Island Constitution, a Superior Court judge has determined. https://rilawyersweekly.com/blog/2025/10/20/rhode-island-lifetime-contracts-law-upheld/

Immigration – Habeas corpus – ICE detention Where a petitioner challenging the lawfulness of his detention by Immigration and Customs Enforcement has requested habeas relief, his detention violates his Fifth Amendment due process rights, so he is entitled to immediate release from ICE custody.

Opinion of the Day ⚖️ Where a petitioner challenging the lawfulness of his detention by Immigration and Customs Enforcement has requested habeas relief ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/16/immigration-habeas-corpus-ice-detention/

Settlement of malpractice action approved by ethics panel Rhode Island’s ethics panel says a law firm may settle a malpractice claim with a client who alleged filing delays, allowing continued representation for free.

A law firm accused of malpractice by one of its clients in a federal compensation matter should be permitted to enter a settlement agreement, the Rhode Island Supreme Court Ethics Advisory Commission found. https://rilawyersweekly.com/blog/2025/10/21/ri-ethics-panel-malpractice-settlement-approval/

Negligence – Informed consent – Expert Where summary judgment was awarded to a defendant doctor on an informed consent claim that was brought following a forceps-assisted delivery that resulted in a fractured pelvis, the judgment should be affirmed based on a lack of expert testimony that the medical procedure at issue posed a more than...

Opinion of the Day ⚖️ Where summary judgment was awarded to a defendant doctor on an informed consent claim that was brought following a forceps-assisted delivery that resulted in a fractured pelvis ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/21/negligence-informed-consent-expert/

Workers’ compensation – Work environment – Stress Where a teacher alleged that she developed stress, anxiety, depression and insomnia due to her work environment, which caused her to experience partial or total disability, a judge’s decision to deny the teacher’s petition for benefits should be affirmed because the judge did not overlook or mis...

Opinion of the Day ⚖️ Where a teacher alleged that she developed stress, anxiety, depression and insomnia due to her work environment, which caused her to experience partial or total disability ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/16/workers-compensation-work-environment-stress/

Civil practice – Discovery – Default Where a plaintiff has moved for a default judgment, the motion should be allowed because of a pattern of discovery abuse by the defendant.

Opinion of the Day ⚖️ Where a plaintiff has moved for a default judgment, the motion should be allowed because of a pattern of discovery abuse by ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/15/civil-practice-discovery-default-3/

Default judgment entered as sanction for discovery abuse A U.S. District Court judge granted a default judgment after finding the defendant repeatedly failed to meet discovery obligations and court orders.

A plaintiff’s request for a default judgment should be granted because of a pattern of discovery abuse by the defendant, a U.S. District Court judge has decided. https://rilawyersweekly.com/blog/2025/10/16/default-judgment-discovery-abuse-lighthouse-masonry/

Attorneys – Malpractice settlement Where a client — alleging that a law firm serving as counsel in a federal compensation matter failed to timely file the client’s claim, thereby causing it to be barred — has offered to settle the client’s legal malpractice claim for a certain sum of money and the firm’s agreement to handle...

Opinion of the Day ⚖️ Where a client — alleging that a law firm serving as counsel in a federal compensation matter failed to timely file the client’s claim, thereby causing it to be barred ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/16/attorneys-malpractice-settlement/

Zoning – Historic district Where the Newport Historic District Commission denied an application for a certificate of appropriateness, the commission’s conclusions that a new house proposed by the applicants was not compatible with the surrounding historic area and that the house was not of thoughtful and considered architec...

Opinion of the Day ⚖️ Where the Newport Historic District Commission denied an application for a certificate of appropriateness, the commission’s conclusions that a new house proposed by the applicants was not ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/15/zoning-historic-district-2/

Remand ordered over corroboration of police reports The 1st Circuit vacated a denial of adjustment of status, ruling that the BIA must assess whether unproven police reports were properly corroborated.

The 1st U.S. Circuit Court of Appeals has vacated the denial of an application for adjustment of status. https://rilawyersweekly.com/blog/2025/10/14/1st-circuit-vacates-immigration-status-denial/

Constitutional – Animal cruelty statute – Commerce Clause Where a U.S. District Court judge rejected a challenge to the validity of a state statute prohibiting the use of certain methods of confinement (“gestation crates”) on pig farms in Massachusetts, the judge’s decision should be upheld despite the plaintiffs’ argument that the statute violates...

Opinion of the Day ⚖️ Where a U.S. District Court judge rejected a challenge to the validity of a state statute prohibiting the use of certain methods of confinement (“gestation crates”) ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/08/constitutional-animal-cruelty-statute-commerce-clause/

Recipient of benefits found at fault for overpayment A Rhode Island judge upheld an order requiring a claimant to repay $1,374 in unemployment benefits after misreporting her wages for 15 weeks.

A claimant who incorrectly reported her earnings and received a $1,374 overpayment of unemployment benefits has been ordered to make restitution and pay interest. https://rilawyersweekly.com/blog/2025/10/13/unemployment-benefits-overpayment-repayment-ruling/

Civil rights – RIDOT – Due process Where a plaintiff has filed a complaint alleging that he was terminated by his private employer because of actions taken by officials of the Rhode Island Department of Transportation, the complaint must be dismissed because the plaintiff fails to plausibly allege a substantive or procedural due proc...

Opinion of the Day ⚖️ Where a plaintiff has filed a complaint alleging that he was terminated by his private employer because of actions taken by officials of the Rhode Island Department of Transportation ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/08/civil-rights-ridot-due-process/

Worker not entitled to commuting expenses, judge rules A federal judge ruled that commuting expenses are “ordinary” costs, not deductible from wages, rejecting a worker’s minimum wage claims under FLSA and RIMWA.

U.S. District Court judge: An employer did not violate minimum wage laws by failing to deduct commuting expenses from an employee’s wages for purposes of determining her average hourly rate. https://rilawyersweekly.com/blog/2025/10/06/minimum-wage-ruling-commuting-expenses-flsa-rhode-island/

Civil rights – RIDOT – Due process Where a plaintiff has filed a complaint alleging that he was terminated by his private employer because of actions taken by officials of the Rhode Island Department of Transportation, the complaint must be dismissed because the plaintiff fails to plausibly allege a substantive or procedural due proc...

Opinion of the Day ⚖️ Where a plaintiff has filed a complaint alleging that he was terminated by his private employer because of actions taken by officials of the Rhode Island Department of Transportation ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/08/civil-rights-ridot-due-process/

Contract – Settlement agreement Where the defendant city of Warwick has moved to enforce a settlement agreement, the city’s motion should be allowed despite the plaintiff’s contention that the settlement agreement was never executed and was based on several contingencies.

Opinion of the Day ⚖️ Where the defendant city of Warwick has moved to enforce a settlement agreement, the city’s motion should be allowed despite ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/08/contract-settlement-agreement-2/

1st Circuit OK’s class action vs. Citizens Bank The 1st Circuit ruled that the National Bank Act does not preempt Rhode Island’s law requiring interest on mortgage escrow accounts, reviving a class suit.

The federal National Bank Act did not preempt a suit brought under Rhode Island law over a bank’s failure to pay interest on mortgage-escrow accounts, the 1st U.S. Circuit Court of Appeals ruled. https://rilawyersweekly.com/blog/2025/10/06/escrow-interest-lawsuit-citizens-bank-preemption-ruling/

Labor – ‘Lifetime Contracts Law’ – Contract Clause Where plaintiff municipalities have requested a declaratory judgment that statutory amendments commonly known as the “Lifetime Contracts Law” violate the Contract Clause of the Rhode Island Constitution, the plaintiffs have failed to meet their burden to show the amendments were unconstitutional...

Opinion of the Day ⚖️ Where plaintiff municipalities have requested a declaratory judgment that statutory amendments commonly known as the “Lifetime Contracts Law” violate the Contract Clause of ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/08/labor-lifetime-contracts-law-contract-clause/

Education – Harassment – Title IX Where a plaintiff has alleged that she was subjected to a sexual assault and harassment from a fellow student, the defendant school’s motion to dismiss should be denied in part, as the elements of a Title IX claim are plausibly pleaded.

Opinion of the Day ⚖️ Where a plaintiff has alleged that she was subjected to a sexual assault and harassment from a fellow student, the defendant school’s motion to dismiss should be ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/08/education-harassment-title-ix/

Fraud – False Claims Act – Public disclosure bar Where a relator has filed a qui tam suit alleging that the defendants violated the False Claims Act by applying for and receiving Paycheck Protection Program funds, the defendants are entitled to summary judgment because the three elements of the public disclosure bar have been satisfied.

Opinion of the Day ⚖️ Where a relator has filed a qui tam suit alleging that the defendants violated the False Claims Act by applying for and receiving Paycheck Protection Program funds ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/07/fraud-false-claims-act-public-disclosure-bar-2/

Jurisdiction – Purposeful availment – Manufacturer Where a plaintiff who was injured in a bicycle accident has brought suit against the foreign manufacturer of the bike’s integrated brake/gear lever, the complaint should not be dismissed for lack of personal jurisdiction, as the plaintiff has met his prima facie burden to establish that the defend...

Opinion of the Day ⚖️ Where a plaintiff who was injured in a bicycle accident has brought suit against the foreign manufacturer of the bike’s integrated brake/gear lever, the complaint should ... CONTINUE: https://rilawyersweekly.com/blog/2025/10/01/jurisdiction-purposeful-availment-manufacturer/