Rhode Island Case Commentaries

Articulation Requirement for Interest-of-Justice Exception in Postconviction Relief

Date: Apr 2, 2025

Articulation Requirement for Interest-of-Justice Exception in Postconviction Relief Introduction This commentary examines the Supreme Court of Rhode Island’s decision in Christopher Thornton v. State...

Contemporaneous Business Surveillance Footage Exempt from Work-Product Privilege: Mile v. Kirkbrae Country Club

Date: Mar 25, 2025

Contemporaneous Business Surveillance Footage Exempt from Work-Product Privilege: Mile v. Kirkbrae Country Club Introduction In Rajmonda Mile v. Kirkbrae Country Club, 2025 RI 24 (R.I. 2025), the...

Consent Dismissals and Judicial Power to Vacate Interlocutory Orders

Date: Mar 25, 2025

Consent Dismissals and Judicial Power to Vacate Interlocutory Orders Introduction The Supreme Court of Rhode Island’s decision in Judith Clinton v. Chad Babcock et al. marks an important...

Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1

Date: Mar 25, 2025

Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1 Introduction This commentary examines the Rhode Island Supreme Court’s March 24, 2025 decision...

Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur

Date: Mar 21, 2025

Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur Introduction Vermont Mutual Insurance Company v. New England Property Services Group, LLC, 2025...

Unpreserved Closing-Argument and Jury-Response Claims Are Waived: Rhode Island Reaffirms Contemporaneous-Objection and Adequate-Briefing Requirements

Date: Mar 15, 2025

Unpreserved Closing-Argument and Jury-Response Claims Are Waived: Rhode Island Reaffirms Contemporaneous-Objection and Adequate-Briefing Requirements 1. Introduction In Alexandria Kazarian v. New...

Reaffirming Adjudicatory Discretion: Negligence, Master-Servant Liability, and Evidentiary Challenges in Alexandria Kazarian v. New London County Mutual Insurance Company

Date: Mar 15, 2025

Reaffirming Adjudicatory Discretion: Negligence, Master-Servant Liability, and Evidentiary Challenges in Alexandria Kazarian v. New London County Mutual Insurance Company Introduction The Supreme...

Clarifying Express and Implied Easements: The McElroy v. Stephens Precedent

Date: Mar 14, 2025

Clarifying Express and Implied Easements: The McElroy v. Stephens Precedent Introduction The case of Michael R. McElroy et al. v. Marilyn O. Stephens et al. addresses a long-standing dispute over...

Affirming Appraisal as Arbitration: Establishing Binding Standards in Homeowners’ Insurance Disputes

Date: Mar 14, 2025

Affirming Appraisal as Arbitration: Establishing Binding Standards in Homeowners’ Insurance Disputes Introduction In the case of New England Property Services Group, LLC v. Vermont Mutual Insurance...

Rhode Island Judiciary Transitions from the Public Portal to “re:Search” and Codifies Tiered Remote Access, Privacy Protections, and Non-Reliance on eNotification

Date: Mar 13, 2025

Rhode Island Judiciary Transitions from the Public Portal to “re:Search” and Codifies Tiered Remote Access, Privacy Protections, and Non-Reliance on eNotification Case: In re Proposed Amendments to...

Implied Access May Be Recognized as a Necessary Incident to an Express Beach Easement After Severance

Date: Mar 12, 2025

Implied Access May Be Recognized as a Necessary Incident to an Express Beach Easement After Severance Case: Michael R. McElroy et al. v. Marilyn O. Stephens et al. Court: Supreme Court of Rhode...

Appraisal Clauses Without “Disinterested” Appraisers Remain Arbitration Under Rhode Island’s Arbitration Act

Date: Mar 11, 2025

Appraisal Clauses Without “Disinterested” Appraisers Remain Arbitration Under Rhode Island’s Arbitration Act Case: New England Property Services Group, LLC v. Vermont Mutual Insurance Company Court:...

Clarifying Fixed Lump-Sum Fee Obligations in Architectural Services Contracts: A New Precedent

Date: Mar 4, 2025

Clarifying Fixed Lump-Sum Fee Obligations in Architectural Services Contracts: A New Precedent Introduction This commentary examines the recent decision in Americo Mallozzi aka Americo Mallozzi &...

Judicial Clarification on the Limits of Mandamus and Declaratory Relief in Correctional Policy Litigation

Date: Mar 2, 2025

Judicial Clarification on the Limits of Mandamus and Declaratory Relief in Correctional Policy Litigation Introduction In the case of Richard Paiva v. Lynne Corry, decided by the Supreme Court of...

Prejudgment Interest and Constitutional Claims: A New Precedent on the Separation of Powers in COLA Disputes

Date: Feb 19, 2025

Prejudgment Interest and Constitutional Claims: A New Precedent on the Separation of Powers in COLA Disputes Introduction The case of Manuel Andrews, Jr., et al. v. James J. Lombardi, in his capacity...

Establishing Jurisdiction in Sexual Offender Registration Appeals – A New Precedent on Superior Court Review

Date: Feb 19, 2025

Establishing Jurisdiction in Sexual Offender Registration Appeals – A New Precedent on Superior Court Review Introduction The case of Rhode Island Department of Attorney General v. Brian Smith...

Prospective Enforcement of Appellate Mandates: Limiting Retroactive Relief in the Medicare Ordinance Context

Date: Feb 19, 2025

Prospective Enforcement of Appellate Mandates: Limiting Retroactive Relief in the Medicare Ordinance Context Introduction The judgment in Manuel Andrews, Jr., et al. v. James J. Lombardi, in his...

Binding Arbitration Award Finality: Limiting Modifications under G.L. 1956 in NEPSG v. NGM

Date: Feb 12, 2025

Binding Arbitration Award Finality: Limiting Modifications under G.L. 1956 in NEPSG v. NGM Introduction The case of New England Property Services Group, LLC (NEPSG) v. NGM Insurance Company, decided...

Supreme Court Affirms Supremacy of Providence System Over State Occupational Cancer Benefits Statute

Date: Feb 8, 2025

Supreme Court Affirms Supremacy of Providence System Over State Occupational Cancer Benefits Statute Introduction In the landmark case The Providence Retired Police and Firefighter's Association v....

Right to Counsel in Postconviction Relief: Insights from Charles Pona v. State of Rhode Island

Date: Feb 7, 2025

Right to Counsel in Postconviction Relief: Insights from Charles Pona v. State of Rhode Island Introduction Charles Pona v. State of Rhode Island is a landmark decision by the Supreme Court of Rhode...