In a case of first impression, the Rhode Island Supreme Court this term held that a homeowner has (1) ten years following the substantial completion of an improvement to real property to discover a latent defect and (2) three years following the discovery of the latent defect or three years of the date when, in the exercise of due diligence, the homeowner should have discovered such latent defects, to bring a claim for breach of implied warranty.  Mondoux v. Vanghel, No. 2018-219-Appeal (PC 16-3438), 2021 WL 264542, at *1 (R.I. Jan. 27, 2021). While the Supreme Court previously had impose ..read more

For the first time in a decade, the Rhode Island Supreme Court is about to have a new composition.  Justices Melissa A. Long and Erin Lynch Prata will fill the seats vacated by retired Justices Gilbert V. Indeglia and Francis X. Flaherty in the New Year. The outgoing Court has left an indelible mark on Rhode Island’s jurisprudence.  As we countdown to 2021, we look back on the important civil decisions of the past five Rhode Island Supreme Court terms and the issues of first impression, practice pointers, and significant holdings that fill the pages of the Atlantic Reporter. The slid ..read more

For the first time in a decade, the Rhode Island Supreme Court is about to have a new composition.  Justices Melissa A. Long and Erin Lynch Prata will fill the seats vacated by retired Justices Gilbert V. Indeglia and Francis X. Flaherty in the New Year. The outgoing Court has left an indelible mark on Rhode Island’s jurisprudence.  As we countdown to 2021, we look back on the important civil decisions of the past five Rhode Island Supreme Court terms and the issues of first impression, practice pointers, and significant holdings that fill the pages of the Atlantic Reporter. The slid ..read more

In a case of first impression, the Rhode Island Supreme Court this term held that a homeowner has (1) ten years following the substantial completion of an improvement to real property to discover a latent defect and (2) three years following the discovery of the latent defect or three years of the date when, in the exercise of due diligence, the homeowner should have discovered such latent defects, to bring a claim for breach of implied warranty.  Mondoux v. Vanghel, No. 2018-219-Appeal (PC 16-3438), 2021 WL 264542, at *1 (R.I. Jan. 27, 2021). While the Supreme Court previously had impose ..read more

2021 has ushered in not only a new Rhode Island Supreme Court, but also significant technical upgrades as the Court officially converts to electronic filing.  Beginning January 29, 2021, attorneys must submit all filings to the Rhode Island Supreme Court electronically unless they have received a waiver.  The Court’s December 31, 2020 order, which makes effective electronic filing rules it promulgated in 2020, can be accessed here. One of the most noteworthy effects for appellate practitioners: a later deadline for submitting filings. The conversion to e-filing means appellate practi ..read more

For the first time in a decade, the Rhode Island Supreme Court is about to have a new composition.  Justices Melissa A. Long and Erin Lynch Prata will fill the seats vacated by retired Justices Gilbert V. Indeglia and Francis X. Flaherty in the New Year. The outgoing Court has left an indelible mark on Rhode Island’s jurisprudence.  As we countdown to 2021, we look back on the important civil decisions of the past five Rhode Island Supreme Court terms and the issues of first impression, practice pointers, and significant holdings that fill the pages of the Atlantic Reporter. The slid ..read more

On October 25, 2017, Nicole Benjamin presented at the Rhode Island Bar Association’s CLE Seminar, Recent Developments in the Law 2017.  Nicole’s session provided an update on Courts and Civil Procedure for 2017, including an update on the Rhode Island Supreme Court’s provisional rules related to limited scope representation, recent civil decisions, issues of first impression and other legal trends.  The slides from Nicole’s presentation are accessible below. Recent Developments in the Law – State Courts and Civil Procedure 2017 The post Recent Developments in the Law 2017 appeared fi ..read more

In the first Rhode Island Supreme Court decision to address the Rhode Island Judiciary’s new electronic filing system, the Court cautioned counsel to confirm the accuracy of their service contact information to ensure receipt of electronic filings.  See Santos v. D. Laikos, Inc., d/b/a Monet Lounge and John Doe, 139 A.3d 394 (R.I. 2016).  Failure to do so does not constitute excusable neglect.  Id. at 399. In Santos, the defendant’s counsel filed a motion to dismiss plaintiff’s complaint and certified that he had filed the motion and accompanying memorandum of law through the el ..read more

In a decision that impacts most litigators in Rhode Island, the Rhode Island Supreme Court has held that affidavits or testimony offered to support a claim for attorneys’ fees must be from a member of the Rhode Island Bar who is not representing any of the parties in the action in which the fees are sought.  See Tri-Town Constr. Co. v. Commerce Park Assocs. 12, LLC, 139 A.3d 467 (R.I. 2016). It has long been the law in Rhode Island that “‘the determination of whether an attorney’s fee is reasonable requires particular facts in the form of affidavits or testimony upon which the trial court ..read more

Prebriefing Statements, which are sometimes referred to as Rule 12A Statements, are often viewed and treated as preliminary statements of the issues that will be later briefed on appeal.  A recent Rhode Island Supreme Court Order, however, underscores the importance of a well-developed Prebriefing Statement. In McMahon v. Deutsche Bank National Trust Company, No. 2014-208-Appeal, the Supreme Court declined to address the merits of the plaintiff’s appeal and affirmed the judgment of the Superior Court on the basis that the plaintiff’s Prebriefing Statement “failed to present any argument g ..read more