Supreme Court Affirms Dismissal of Case That Resulted From Counsel’s Failure to Ensure Accurate Contact Information in Electronic Filing Portal

By Nicole J. Benjamin on October 13, 2016

In the first Rhode Island Supreme Court decision to address the Rhode Island Judiciary’s new electronic filing system, the Court… Read More

Supreme Court Holds Attorneys’ Fee Affidavits Must Be From Independent Counsel

By Nicole J. Benjamin on September 15, 2016

In a decision that impacts most litigators in Rhode Island, the Rhode Island Supreme Court has held that affidavits or… Read More

Supreme Court Amendment Imposes Obligation on Practitioners to Review Certain Files for Non-Public Case Information

By Nicole J. Benjamin on February 4, 2016

Through an order issued on January 29, 2016, the Rhode Island Supreme Court has made amendments to the Rhode Island… Read More

Juror Misconduct: If You Hear Something, Say Something

By Nicole J. Benjamin on January 21, 2016

The Rhode Island Supreme Court’s recent decision in Roma v. Moreira, No. 2014-141-Appeal, 2015 R.I. LEXIS 106 (R.I. Nov. 13,… Read More

The Raise-Or-Waive Rule: A Trap For Trial And Appellate Counsel

By Nicole J. Benjamin on November 12, 2015

The raise-or-waive rule, arguably one of the most important rules of appellate practice, also is one of the Rhode Island… Read More

Rhode Island Supreme Court Closes Door To In-Camera Review In Certain Circumstances

By Nicole J. Benjamin on October 15, 2015

In addressing an issue of first impression under Rhode Island law, the Rhode Island Supreme Court has held that a… Read More

Patience Please: Rhode Island Supreme Court Reminds Litigants It Has Not Yet Adopted Iqbal And Twombly

By Nicole J. Benjamin on September 15, 2015

In 2007, the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), significantly modified… Read More

(1) TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD WITH COMPETENT EVIDENCE TO ESTABLISH A GENUINE ISSUE OF MATERIAL FACT.

By Nicole J. Benjamin on August 4, 2014

The Rhode Island Supreme Court’s decision in McGovern v. Bank of America, N.A., No. 2013-184-Appeal, serves as a useful reminder… Read More

(2) SUPREME COURT CAUTIONS LITIGANTS THAT UNAUTHENTICATED DOCUMENTS ARE NOT COMPETENT EVIDENCE WORTHY OF CONSIDERATION ON SUMMARY JUDGMENT.

By Nicole J. Benjamin on August 4, 2014

In McGovern v. Bank of America, N.A., No. 2013-184-Appeal, the Rhode Island Supreme Court also reminded litigants that it had… Read More

(3) SUPREME COURT RECOGNIZES THE REPLY-LETTER DOCTRINE FOR AUTHENTICATION PURPOSES.

By Nicole J. Benjamin on August 4, 2014

In addressing the plaintiff’s failure to authenticate the evidence submitted in connection with his opposition to the defendant’s motion for… Read More

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On Appeal

The AP&S Appellate Law Blog

Tag: Rhode Island Superior Court Practice

Supreme Court Affirms Dismissal of Case That Resulted From Counsel’s Failure to Ensure Accurate Contact Information in Electronic Filing Portal

Supreme Court Holds Attorneys’ Fee Affidavits Must Be From Independent Counsel

Supreme Court Amendment Imposes Obligation on Practitioners to Review Certain Files for Non-Public Case Information

Juror Misconduct: If You Hear Something, Say Something

The Raise-Or-Waive Rule: A Trap For Trial And Appellate Counsel

Rhode Island Supreme Court Closes Door To In-Camera Review In Certain Circumstances

Patience Please: Rhode Island Supreme Court Reminds Litigants It Has Not Yet Adopted Iqbal And Twombly

(1) TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD WITH COMPETENT EVIDENCE TO ESTABLISH A GENUINE ISSUE OF MATERIAL FACT.

(2) SUPREME COURT CAUTIONS LITIGANTS THAT UNAUTHENTICATED DOCUMENTS ARE NOT COMPETENT EVIDENCE WORTHY OF CONSIDERATION ON SUMMARY JUDGMENT.

(3) SUPREME COURT RECOGNIZES THE REPLY-LETTER DOCTRINE FOR AUTHENTICATION PURPOSES.

On Appeal

The AP&S Appellate Law Blog

Tag: Rhode Island Superior Court Practice

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