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.
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Visit us: https://rilawyersweekly.com/
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/
An upwardly variant sentence imposed on a defendant who pleaded guilty to criminal contempt has been affirmed by the 1st U.S. Circuit Court of Appeals despite the defendant’s argument. https://rilawyersweekly.com/blog/2025/12/02/criminal-contempt-sentence-upheld-on-appeal/
Criminal contempt sentence upheld on appeal
The 1st Circuit upheld Craig Medoff’s 20-month contempt sentence, rejecting arguments that the District Court judge should have recused himself for alleged bias.
rilawyersweekly.com
December 4, 2025 at 1:14 PM
An upwardly variant sentence imposed on a defendant who pleaded guilty to criminal contempt has been affirmed by the 1st U.S. Circuit Court of Appeals despite the defendant’s argument. https://rilawyersweekly.com/blog/2025/12/02/criminal-contempt-sentence-upheld-on-appeal/
Opinion of the Day ⚖️ Where (1) an attorney served as legal counsel for a quasi-municipal entity in litigation with various plaintiffs and (2) one of the plaintiffs has recently been elected to ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/26/attorneys-conflict-board-member/
Attorneys – Conflict – Board member
Where (1) an attorney served as legal counsel for a quasi-municipal entity in litigation with various plaintiffs and (2) one of the plaintiffs has recently been elected to the entity’s board, the Rules of Professional Conduct do not require the attorney to resign as the entity’s legal counsel, a...
rilawyersweekly.com
December 3, 2025 at 7:45 PM
Opinion of the Day ⚖️ Where (1) an attorney served as legal counsel for a quasi-municipal entity in litigation with various plaintiffs and (2) one of the plaintiffs has recently been elected to ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/26/attorneys-conflict-board-member/
Superior Court judge: The state’s retirement board properly reduced a retired school superintendent’s pension benefits after her post-retirement employment exceeded the permitted number of days. https://rilawyersweekly.com/blog/2025/12/01/ri-retirement-board-pension-cut-post-retirement-work-limit/
Superintendent’s pension benefits properly reduced
A Rhode Island judge ruled that a retired superintendent’s pension reduction was proper after she exceeded post-retirement work limits during gaps in executive orders.
rilawyersweekly.com
December 3, 2025 at 12:45 PM
Superior Court judge: The state’s retirement board properly reduced a retired school superintendent’s pension benefits after her post-retirement employment exceeded the permitted number of days. https://rilawyersweekly.com/blog/2025/12/01/ri-retirement-board-pension-cut-post-retirement-work-limit/
Opinion of the Day ⚖️ Where an attorney who regularly provides legal services to a municipality’s police department currently represents a client in a probation violation matter in Superior Court ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/26/attorneys-conflict-municipality/
Attorneys – Conflict – Municipality
Where an attorney who regularly provides legal services to a municipality’s police department currently represents a client in a probation violation matter in Superior Court, the attorney is not permitted under the Rules of Professional Conduct to represent the client at a hearing at which the dep...
rilawyersweekly.com
December 2, 2025 at 8:53 PM
Opinion of the Day ⚖️ Where an attorney who regularly provides legal services to a municipality’s police department currently represents a client in a probation violation matter in Superior Court ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/26/attorneys-conflict-municipality/
Opinion of the Day ⚖️ Where a member of the Scituate Town Council is also a volunteer firefighter with the North Scituate Fire Department, he is prohibited by the Code of Ethics from ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/27/conflict-of-interest-firefighter-town-councilor/
Conflict of interest – Firefighter – Town councilor
Where a member of the Scituate Town Council is also a volunteer firefighter with the North Scituate Fire Department, he is prohibited by the Code of Ethics from participating in discussions relative to complaints received by town council members regarding the operation of the fire department, as he...
rilawyersweekly.com
December 1, 2025 at 8:54 PM
Opinion of the Day ⚖️ Where a member of the Scituate Town Council is also a volunteer firefighter with the North Scituate Fire Department, he is prohibited by the Code of Ethics from ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/27/conflict-of-interest-firefighter-town-councilor/
Opinion of the Day ⚖️ Where an administrative law judge denied a plaintiff’s claims for benefits under the Social Security Act, the denial should be upheld because ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/26/social-services-disability-state-agency-medical-consultants-2/
Social services – Disability – State agency medical consultants
Where an administrative law judge denied a plaintiff’s claims for benefits under the Social Security Act, the denial should be upheld because the ALJ’s failure to properly articulate the supportability and consistency of the medical opinions of state agency medical consultants was harmless error.
rilawyersweekly.com
November 26, 2025 at 7:57 PM
Opinion of the Day ⚖️ Where an administrative law judge denied a plaintiff’s claims for benefits under the Social Security Act, the denial should be upheld because ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/26/social-services-disability-state-agency-medical-consultants-2/
Opinion of the Day ⚖️ Where the Newport zoning board denied an application for a special use permit and dimensional variance for the construction of a hotel, restaurant, and banquet facility ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/21/zoning-special-use-permit-dimensional-variance-4/
Zoning – Special use permit – Dimensional variance
Where the Newport zoning board denied an application for a special use permit and dimensional variance for the construction of a hotel, restaurant, and banquet facility on Waites Wharf, a remand is necessary because the board’s decision contains insufficient findings of fact and conclusions of law...
rilawyersweekly.com
November 25, 2025 at 8:57 PM
Opinion of the Day ⚖️ Where the Newport zoning board denied an application for a special use permit and dimensional variance for the construction of a hotel, restaurant, and banquet facility ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/21/zoning-special-use-permit-dimensional-variance-4/
Opinion of the Day ⚖️ Where a third-party defendant has filed a counterclaim seeking a declaratory judgment, that request should be denied because ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/21/real-property-ps-agreement-consent-judgment/
Real property – P&S agreement – Consent judgment
Where a third-party defendant has filed a counterclaim seeking a declaratory judgment, that request should be denied because the third-party plaintiff had equitable title to the property at all relevant times from and after the execution of a purchase and sale agreement.
rilawyersweekly.com
November 24, 2025 at 8:57 PM
Opinion of the Day ⚖️ Where a third-party defendant has filed a counterclaim seeking a declaratory judgment, that request should be denied because ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/21/real-property-ps-agreement-consent-judgment/
The False Claims Act‘s public disclosure provision barred a qui tam suit against businesses that applied for PPP loans for which they were allegedly ineligible, a U.S. District Court judge has ruled. https://rilawyersweekly.com/blog/2025/11/14/false-claims-act-ppp-fraud-suit-public-disclosure/
Public disclosure bar sinks FCA qui tam action
A federal judge ruled that a whistleblower's False Claims Act suit over alleged PPP loan fraud was barred by the law’s public disclosure provision.
rilawyersweekly.com
November 24, 2025 at 1:06 PM
The False Claims Act‘s public disclosure provision barred a qui tam suit against businesses that applied for PPP loans for which they were allegedly ineligible, a U.S. District Court judge has ruled. https://rilawyersweekly.com/blog/2025/11/14/false-claims-act-ppp-fraud-suit-public-disclosure/
Opinion of the Day ⚖️ Where the executive session minutes from a Coventry Town Council meeting were mistakenly published on the town’s website, the inadvertent disclosure resulted in ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/10/attorneys-privilege-waiver-5/
Attorneys – Privilege – Waiver
Where the executive session minutes from a Coventry Town Council meeting were mistakenly published on the town’s website, the inadvertent disclosure resulted in a waiver of the attorney-client privilege, so the town’s request for a protective order should be denied.
rilawyersweekly.com
November 21, 2025 at 7:55 PM
Opinion of the Day ⚖️ Where the executive session minutes from a Coventry Town Council meeting were mistakenly published on the town’s website, the inadvertent disclosure resulted in ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/10/attorneys-privilege-waiver-5/
Opinion of the Day ⚖️ Where a plaintiff has alleged that the defendant violated the non-discrimination provisions of the Employee Retirement Income Security Act by imposing an unlawful tobacco surcharge on ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/11/retirement-tobacco-surcharge-erisa/
Retirement – Tobacco surcharge – ERISA
Where a plaintiff has alleged that the defendant violated the non-discrimination provisions of the Employee Retirement Income Security Act by imposing an unlawful tobacco surcharge on participants in its employee benefits plan, the defendant’s motion to dismiss should be allowed because the defend...
rilawyersweekly.com
November 20, 2025 at 7:55 PM
Opinion of the Day ⚖️ Where a plaintiff has alleged that the defendant violated the non-discrimination provisions of the Employee Retirement Income Security Act by imposing an unlawful tobacco surcharge on ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/11/retirement-tobacco-surcharge-erisa/
Opinion of the Day ⚖️ Where a defendant was indicted for being a felon in possession of ammunition, the defendant’s motion to dismiss the indictment should be denied despite ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/11/criminal-felon-in-possession-second-amendment-2/
Criminal – Felon in possession – Second Amendment
Where a defendant was indicted for being a felon in possession of ammunition, the defendant’s motion to dismiss the indictment should be denied despite his contention that the charges against him violate his Second Amendment rights.
rilawyersweekly.com
November 19, 2025 at 8:56 PM
Opinion of the Day ⚖️ Where a defendant was indicted for being a felon in possession of ammunition, the defendant’s motion to dismiss the indictment should be denied despite ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/11/criminal-felon-in-possession-second-amendment-2/
Opinion of the Day ⚖️ Where the executive session minutes from a Coventry Town Council meeting were mistakenly published on the town’s website, the inadvertent disclosure resulted in ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/10/attorneys-privilege-waiver-5/
Attorneys – Privilege – Waiver
Where the executive session minutes from a Coventry Town Council meeting were mistakenly published on the town’s website, the inadvertent disclosure resulted in a waiver of the attorney-client privilege, so the town’s request for a protective order should be denied.
rilawyersweekly.com
November 18, 2025 at 7:56 PM
Opinion of the Day ⚖️ Where the executive session minutes from a Coventry Town Council meeting were mistakenly published on the town’s website, the inadvertent disclosure resulted in ... CONTINUE: https://rilawyersweekly.com/blog/2025/11/10/attorneys-privilege-waiver-5/