64 results for 'court:"Rhode Island Supreme Court"'.
J. Suttell finds that the trial court properly dismissed claims in which developers allege substantive due process and RICO violations, tortious interference with a contract and prospective business advantages, and civil liability for crimes, because the claims were barred by the three-year statute of limitations. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: April 24, 2024, Case #: 23-67, Categories: Due Process, Business Expectancy, Racketeering
J. Goldberg finds that the trial court properly convicted defendant on two counts of first-degree sexual assault and one count of conspiracy to commit first-degree sexual assault, as several issues were not preserved or adequately developed on appeal, and evidence did not support defendant's five remaining contentions of error. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: April 22, 2024, Case #: 22-152, Categories: Criminal Procedure, Sex Offender
J. Lynch found that the lower court improperly held the department of children, youth, and families in contempt of an order to place a child. Despite the department's reasonable efforts, an appropriate level of care was not available either in- or out-of-state due to availability and staffing shortages caused by the Covid-19 pandemic, in addition to the mother's noncompliance with the child's insulin regimen.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-75, Categories: Contempt, Family Law
J. Lynch finds that the lower court improperly rejected the inability defense forwarded by the department of children, youth, and families concerning its failure to place a child. Despite the department's reasonable efforts, facility staffing concerns, low discharge rates, and an increase in mental health issues among adolescents during the Covid-19 pandemic created a “perfect storm” for reduced capacity at all appropriate facilities.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-59, Categories: Contempt, Family Law
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J. Prata finds that the trial court properly granted plaintiff declaratory and injunctive relief in claims contending a neighbor violated a restrictive covenant by permitting the unbridled growth of his landscaping, and properly dismissed the laches defense since defendant did not explain why plaintiff's proffered reasons for delaying litigation would be erroneous. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: April 2, 2024, Case #: 23-74, Categories: Civil Procedure, Property, Negligence
J. Robinson finds that the trial court improperly granted plaintiff, an on air morning show radio personality, partial final judgment absent an express determination that just reason for delay did not exist. Subsequently, the court did not reach issues raised in plaintiff's appeal from an order granting partial summary judgment in favor of his employer on three of 22 of counts.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: March 26, 2024, Case #: 23-141, Categories: Civil Procedure, Employment
J. Suttell finds that the trial court properly denied a wife relief from judgment and declined to adjudge the husband in contempt, and properly denied her amended motion seeking relief, because the wife was not entitled to survivor benefits in the husband’s federal civilian pension under the marital settlement agreement. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: March 12, 2024, Case #: 22-228, Categories: Contempt, Family Law, Settlements
J. Robinson finds that the trial court properly granted a landlord dismissal of a tenant's claims based on res judicata. Notice of appeal was not filed pertaining to the failure to timely serve defendants, and thus arguments relating to such were not properly before the court. Finally, the district court properly exercised jurisdiction over plaintiff’s equitable claims. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson , Filed On: March 11, 2024, Case #: 23-79, Categories: Civil Procedure, Contract
J. Prata finds that the trial court properly denied plaintiff's adverse possession claims for lack of credible evidence of trespass or obstructions concerning the private road in question. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: February 22, 2024, Case #: 22-309, Categories: Property
J. Suttell finds that the trial court improperly granted summary judgment to a firefighter who retired after sustaining a work-related injury because he failed to provide the necessary text of the collective bargaining agreement to demonstrate that the term "monthly net pay” unambiguously supported his position.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: February 16, 2024, Case #: 22-348, Categories: Employment, Contract, Labor
J. Robinson finds that the trial court properly granted a bank summary judgment and leave to conduct a foreclosure sale on the homeowner's property based on uncontested evidence that plaintiff was entitled to conduct a foreclosure sale on the property. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: January 30, 2024, Case #: 22-353, Categories: Property
J. Suttell finds that the general magistrate properly and equitably distributed marital assets. The wife waived arguments regarding the general magistrate’s authority to preside over a contested divorce, and the magistrate properly determined the husband met his burden of establishing the value of his premarital asset. Meanwhile, the wife was properly denied alimony. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: January 24, 2024, Case #: 22-219, Categories: Family Law, Judiciary
J. Suttell affirms the superior court's dismissal as time-barred a mother’s appeal of a decision in favor of her decease son’s common-law wife who argues her son never married. Because the Rhode Island legislature has not enacted a special rule for requests to amend vital records, state law applies to the mother’s claim, which is time-barred. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: January 19, 2024, Case #: 22-355, Categories: Civil Procedure, Wills / Probate
J. Goldberg affirms a lower court judgment ruling in favor of two would-be home buyers, finding the trial court properly awarded them the return of their $31,000 deposit. Contrary to the seller’s assertions, the buyers were ready, willing, and able to close on the sale and the seller is not entitled to the deposit because the seller breached the purchase and sales agreement for the property. Ample facts support the trial court’s decision. Affirmed
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 23-46, Categories: Real Estate, Damages, Contract
J. Prata affirms a lower court ruling in favor a hospital and against the estate of a gastroenterologist, finding the trial court properly dismissed the doctor’s state law whistleblower allegations against his supervisor for financial misconduct and inappropriate relations with the facility’s head endoscopy nurse. The doctor’s "arguments distort the evidence in a retrospective attempt to mold the facts" into a state law whistleblower protection claim. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: January 16, 2024, Case #: 22-42, Categories: Evidence, Health Care, Whistleblowers
J. Goldberg affirms the criminal conviction of a 41-year-old defendant for indecent solicitation of a child, a fictitious girl named Alice created by police investigating internet crimes against children. Although defendant argues the state failed to present a date of birth for Alice, evidence is clear defendant was planning to meet a 14-year-old child with whom he had communicated regarding sexual penetration. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 22-296, Categories: Sex Offender, Child Victims
J. Prata finds that the Superior Court improperly dismissed a daughter’s appeal arguing against a probate court’s decision to admit her father’s last will and testament and appoint the decedent’s son as the executor. The lower court found the daughter untimely filed her reasons 32 days after the court’s order, missing the 30-day deadline. The instant court finds the deadline should have been extended as it fell on a weekend. The matter is remanded to the lower court for further proceedings. Vacated.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: January 11, 2024, Case #: 2022-316, Categories: Civil Procedure, Wills / Probate
J. Long affirms a lower court ruling in favor of a pest control company, barring its former employee from performing any pest control services for its prior or current customers for two years. The employee failed to show his former employer improperly modified the terms of his employment contract, which included a non-compete agreement. Furthermore, the record supports the trial court’s finding the pest control company’s loss of customer goodwill outweighs its ex-employee's preference for performing services for its clients. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: January 8, 2024, Case #: 22-356, Categories: Employment, Evidence, Whistleblowers
Per curiam, the Rhode Island Supreme Court vacates a lower court ruling prohibiting one neighbor from harassing another neighbor in a senior apartment complex. The hearing justice did not articulate a coherent basis for his decision to issue the preliminary injunction founded on four traditional factors. Vacated.
Court: Rhode Island Supreme Court, Judge: Per curiam, Filed On: January 8, 2024, Case #: 22-287, Categories: Civil Procedure, Restraining Order
J. Goldberg finds that the lower court properly allowed a mother to permanently move to Massachusetts with the parties' child because evidence indicates that the finding serves the child's best interests. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: November 3, 2023, Case #: 22-269, Categories: Family Law
J. Suttell finds that the trial court improperly held that the parties had entered a valid purchase and sales agreement because the seller signed the agreement as an individual, not as trustee. Specific performance was prematurely ordered at summary judgment given discrepancies in the record, but the buyer was properly granted summary judgment in motions seeking declaratory judgment and anticipatory repudiation since her failure to appear at closing repudiated her obligations under the contract.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: September 12, 2023, Case #: 22-74, Categories: Property, Real Estate, Contract
J. Long finds the trial justice properly upheld defendant town's enactment of an emergency moratorium ordinance, which paused the town’s review of the plaintiff’s solar-field projects. The solar-field submissions did not vest pursuant to Rhode Island law. Affirmed.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: July 28, 2023, Case #: 20-244, Categories: Administrative Law
J. Prata finds the trial justice improperly granted defendant's motions to suppress evidence of approximately 94 pounds of marijuana seized from a vehicle during a traffic stop. There was reasonable suspicion to prolong the traffic stop after detecting a slight odor of marijuana. Vacated.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: July 27, 2023, Case #: 21-153, Categories: Drug Offender, Vehicle