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…
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…
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…
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…
In law school, many students share disdain for the commonly dreaded class which teaches the rules of civil procedure. It comes early in law school – year one. This topic has the fantastic yet terrifying goals of teaching a student how to interpret the law. Also, how to read rules precisely, and how to speak what seems like a foreign…
Litigators appear in civil court to represent their clients in a civil matter. An individual can also represent themselves in this venue, but an attorney must represent any corporate entity. Groups of individuals can also comprise a plaintiff or defendant, too. Pleadings and Discovery If an attorney files a complaint on behalf of her plaintiff client, the defendant or his…
A good civil litigation lawyer knows the value of zealous advocacy. There is a particular skillset associated with that advocacy. Attorneys are trained to create arguments that fit with the facts of the case and/or relevant case law. Knowing the process behind a litigated matter is important, too. For example, properly effecting service on a defendant in a lawsuit is…
A civil litigator’s clients don’t often have a full understanding of the complexities inherent in a civil matter. A comprehensive litigation definition must include a listing of the course of a case: Client intake and investigation Drafting and filing pleadings Discovery Motion practice and Pre-trial Trial Settlement, and Appeals process Client intake and investigation Managing a civil case from beginning…
You probably know what a criminal attorney’s job is, even if you’ve seen them played on any of the popular television or Netflix dramas. But what about the job of a civil attorney? Like criminal lawyers, a civil attorney must advocate zealously for her client. Beyond that, though, criminal and civil lawyers have vastly different practices. Oftentimes, clients receive a…
Like all choices in life, the question of whether you should litigate your claim has many factors. There are also many different venues that operate in Rhode Island and Massachusetts, from an administrative or agency context, to the various appeals courts. If you are going to litigate, you need a team that knows the ins and outs of the venues,…