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Civil Litigation

  • Maritime Civil Disputes Issues: What is Salvage?

    Today’s blog post will describe marine salvage and what constitutes a salvage claim, as well as resolution of civil disputes over salvage claims. Boaters sometimes wrongfully assume that marine salvage is limited to things such as sunken and/or sinking ships, but the applications of marine salvage are in fact rather broad. Salvage in the U.S. In the United States, as…

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    Solar Farm Land Dispute in Richmond Results in Superior Court Reversal

    In the latest solar farm land dispute heard by the R.I. Superior Court, Freepoint Solar, LLC (“Freepoint”) appealed a decision of the Town of Richmond Zoning Board of Review (“the ZBR”). The ZBR denied Freepoint a special use permit for construction of a solar farm on property in the town’s R-3 residential zoning district. Today, we’ll explain why the Superior…

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    A Boating Accident and Potential Civil Suit in RI

    There are almost 40,000 registered boats in the Ocean State. As the Fourth of July weekend approached, the RIDEM Environmental Police and the U.S. Coast Guard were vocal about the number of boating collisions and allisions that occur every year. These events happen particularly over the weekend for the summer season. Our blog post today will discuss some of the…

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    Environmental Law and Contract Litigation

    Most people and businesses engage in contract negotiations and formation every day. What most do not understand, though, is the role that environmental attorneys play in reviewing contracts. An environmental attorney can particularly benefit a person or business in two specific ways. First, the attorney can suggest language to insert or remove from the contract to protect against liability. Second, the…

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    The Negligence Lawsuit and Environmental Negligence

    Tort law encompasses the cases where one party causes some sort of injury to another party, and the injured person or entity sues to be “made whole” again. There are three kinds of torts that are actionable in civil cases. Intentional tort lawsuits require purposeful action on the part of the person or entity causing injury to another (assault, battery,…

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    Nuisance – From Property to Environmental Litigation

    Today, our blog will talk about various nuisance claims, and give a recent example of one using Rhode Island’s environmental litigation against fossil fuel companies for the consequences of climate change. What Is a Nuisance (legally speaking) in Rhode Island? Under common law, there are two kinds of nuisance claims, though both were mostly related to property law historically. The…

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    Zoning Appeals: A Walkthrough Using Recent Caselaw

    Let’s face it: zoning law isn’t the first thing that comes to mind when you think of the most lively and interesting areas of law. Despite that, this area of law is necessary for developing our communities. Until, that is, suddenly zoning law becomes far more dynamic. Usually, this occurs when either your own property and/or activities are affected by…

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    The COVID-19 Regulatory Environment for Business and Changes to the Admiralty Industry

    While COVID-19 has brought much of the business world to a standstill, the maritime industry professionals are largely still working. However, under the various federal and state restrictions, operations are nonetheless impacted. Everyone can agree that the regulatory environment for business has changed. Below is an overview of some of the maritime requirements in place, as well as some considerations…

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    COVID-19 and Updates: Contract Litigation Impacts

    While the infection rates continue to climb, it is increasingly important to talk about the various impacts COVID-19 will inevitably have on people and businesses in Rhode Island. This includes potential future contract litigation. Since our last post, Rhode Island has been further impacted by federal and state decisions, detailed below. Federal Updates Congress passed the Families First Coronavirus Response…

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