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Channel: Paul Lamoureux – Rhode Island Lawyers Weekly
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Criminal – Postconviction relief

Where an applicant is appealing a denial of his motion for postconviction relief, we hold that his application must be denied because the trial judge acted permissibly in ruling that the applicant had...

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Unemployment compensation – Absenteeism

Where an assembly line worker (1) was criticized about her excessive absenteeism, (2) was told she must have medical documentation if she returned to work after three or more days of alleged illness,...

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Unemployment compensation – Salesperson

Where a salesperson allegedly (1) did not give a customer a receipt for a cash sale and (2) did not balance the ledgers properly, this amounted to misconduct making her ineligible for unemployment...

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June 7 – 13

June 7 Scocchi, et al. v. Advanced Call Center Technologies Docket No. 1:2011cv00230 Fair Debt Collection Practices Act suit Olsen v. Lifespan Corporation Welfare Benefit Plan, et al. Docket No....

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Zoning – Lot merger provisions

Where a Superior Court judge granted a summary judgment ruling that the defendants had three buildable lots which had not merged under Westerly’s zoning by-law, we hold that this decision was properly...

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Education – Substance abuse

Where a student admitted in the past to school officials that he consumed alcohol on the evening of his senior prom, he has subsequently submitted insufficient new proof to overcome that admission. The...

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Education – Participation in graduation ceremony

Even though a student is not entitled to a diploma at this time, he will be allowed to participate in graduation exercises in light of the school’s poor communication with the student’s parent...

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Tort – Medical malpractice

Where a judge disqualified the plaintiff’s proposed expert witnesses and dismissed the plaintiff’s medical malpractice case with prejudice, we find that a remand is in order. The post Tort – Medical...

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Conflict of interest – City plan commission member

Where the petitioner is a member of the Providence City Plan Commission, it is our opinion that he is required by the State Code of Ethics to recuse himself from any participation in, and vote on, the...

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Criminal – Career offender status

Where a Massachusetts defendant has been sentenced as a career offender in light of (1) his adjudication of delinquency as a youthful offender in juvenile court for an armed assault and robbery with a...

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