15 results for 'judge:"Suttell "'.
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. 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. 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. Suttell finds that the trial court improperly refused to rule on a father���s emergency motion for temporary orders since reasonable accommodations should be made for noncitizen defendants in global custody claims. However, the family court had subject matter jurisdiction over the case, and the father waived the issue of personal jurisdiction by consenting to jurisdiction. Affirmed.
Court: USDC Rhode Island, Judge: Suttell , Filed On: February 9, 2024, Case #: 22-265, NOS: Civil Rights - Habeas Corpus, Categories: Family Law, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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. 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
[Consolidated.] J. Suttell finds that the trial court properly suppressed evidence obtained during a traffic stop even though the issue of racial bias was improperly interjected sua sponte because, ultimately, state police lacked reasonable suspicion of criminal activity to detain defendants beyond the investigation of a traffic infraction. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: July 20, 2023, Case #: 21-164, Categories: Evidence, Firearms, Search
J. Suttell affirms the trial court���s denial of a restaurateur���s request for a new trial after a jury convicted him of sexual assault with a knife against a waitress employed at his restaurant. The defendant argued that the trial justice committed an error of law when he permitted state prosecutors to introduce evidence that the waitress was molested as a child to explain the woman���s delay in reporting her boss���s attacks to the police. The defendant���s contention that her testimony about her childhood was irrelevant because it failed to connect the earlier incident to the later alleged assault has no merit. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: June 26, 2023, Case #: 2021-71, Categories: Sex Offender, Child Victims, Jury Instructions
J. Suttrell vacates a civil jury award against the nephew of a deceased uncle in the amount of $1,560,909 in favor of his aunt���s estate on the claim the younger man conspired to illegally convert his uncle���s inheritance. The trial justice erred by permitting a witness, a notary, to testify at trial despite knowing in advance that she would invoke her Fifth Amendment privilege. Her potentially explosive assertion of her Fifth Amendment privilege impermissibly tipped the scales in favor of the aunt���s estate and against the nephew by allowing the jury to draw adverse inferences against him for the possible criminal conduct of the notary. Vacated and remanded.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: June 22, 2023, Case #: 21-56, Categories: Constitution, Jury, Privilege