19 Rhode Island opinions name it 2 courts 2002–2022 1 in the last five years
The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Tinney v. Tinneygreen2 sentences2014“The question of whether undue influence exists is a fact-intensive inquiry.” Id. (citing Tinney, 770 A.2d at 438 ). 2014“The question of whether undue influence exists is a fact-intensive inquiry.” Id. (citing Tinney, 770 A.2d at 438 ). | 2 | 4 |
Robidoux v. Pelletiergreen2 sentences2017See Robidoux, 120 R.I. at 433 , 391 A.2d at 1154 (“Whether a landowner has made an offer to dedicate his property to the public is purely a question of determining from the facts of the particular case the owner’s intent.”). 2017See Robidoux, 120 R.I. at 433 , 391 A.2d at 1154 (“Whether a landowner has made an offer to dedicate his property to the public is purely a question of determining from the facts of the particular case the owner’s intent.”). | 2 | 2 |
Caranci v. Howardgreen2 sentences2014In his decision, the trial justice properly noted that “not all influence is undue” and that only undue influence will serve to invalidate a will and must amount to “the substitution of the will of a third party for the free will and choice of the testator * * *.” Caranci v. Howard, 708 A.2d 1321, 1324 (R.I.1998). 2006The analysis of whether there has been undue influence "requires an ad hoc, totality-of-the-circumstances approach to the facts of each particular case." Caranci v. Howard, 708 A.2d at 1326 . | 1 | 2 |
Haley v. Town of Lincolngreen2 sentences2022This Court has recognized that “[t]he egregious conduct exception is a fact-intensive inquiry” and “a trial justice must allow a jury to find the predicate or duty-triggering facts[.]” Id. at 925, 926 . 2022A trial justice may determine the applicability of the egregious conduct exception as a matter of law only “if the facts are not genuinely disputed[.]” Id. at 926 (brackets omitted) (quoting Kuzniar v. Keach, 709 A.2d 1050, 1056 (R.I. 1998)). | 1 | 1 |
Kuzniar v. Keachgreen1 sentence2022A trial justice may determine the applicability of the egregious conduct exception as a matter of law only “if the facts are not genuinely disputed[.]” Id. at 926 (brackets omitted) (quoting Kuzniar v. Keach, 709 A.2d 1050, 1056 (R.I. 1998)). | 1 | 1 |
Nye v. Brousseaugreen1 sentence2017See Robidoux, 120 R.I. at 433 , 391 A.2d at 1154 (“Whether a landowner has made an offer to dedicate his property to 21 “[A]lthough, ‘the issue of what constitute[s] the boundaries of a parcel of land is a question of law, the determination of where such boundaries are is a question of fact.’” Nye v. Brousseau, 992 A.2d 1002, 1009 (R.I. 2010) (quoting Norton v. Courtemanche, 798 A.2d 925, 932 (R.I. 2002)). - 24 - the public is purely a question of determining from the facts of the particular case the owner’s intent.”). | 1 | 1 |
Norton v. Courtemanchegreen1 sentence2017See Robidoux, 120 R.I. at 433 , 391 A.2d at 1154 (“Whether a landowner has made an offer to dedicate his property to 21 “[A]lthough, ‘the issue of what constitute[s] the boundaries of a parcel of land is a question of law, the determination of where such boundaries are is a question of fact.’” Nye v. Brousseau, 992 A.2d 1002, 1009 (R.I. 2010) (quoting Norton v. Courtemanche, 798 A.2d 925, 932 (R.I. 2002)). - 24 - the public is purely a question of determining from the facts of the particular case the owner’s intent.”). | 1 | 1 |
Gardner v. Bairdgreen1 sentence2012See Gardner v. Baird, 871 A.2d 949, 954 (R.I.2005) (vacating the grant of summary judgment in an action claiming a prescriptive easement and concluding that fact-finding generally is necessary in such cases). | 1 | 1 |
Roger Williams General Hospital v. Fall River Trust Co.green1 sentence2009See Roger Williams General Hospital v. Fall River Trust Co. , 423 A.2d at 1384 , 1386 (R.I. 1985). | 1 | 1 |
Butler v. Domingreen2 sentences2004See Butler v. Domin, 2000 MT 312 , 302 Mont. 452 , 15 P.3d 1189 , 1196 (Mont. 2000); Simmons v. Tuomey Regional Medical Center, 533 S.E.2d 312 , 322 (S.C. 2000); Pamperin v. Trinity Memorial Hosp. 423 N.W.2d 848 , 857 (Wis. 1988); Jackson v. Power, 743 P.2d 1376 , 1380 (Ala. 1987). 2004See Butler v. Domin, 2000 MT 312 , 302 Mont. 452 , 15 P.3d 1189 , 1196 (Mont. 2000); Simmons v. Tuomey Regional Medical Center, 533 S.E.2d 312 , 322 (S.C. 2000); Pamperin v. Trinity Memorial Hosp. 423 N.W.2d 848 , 857 (Wis. 1988); Jackson v. Power, 743 P.2d 1376 , 1380 (Ala. 1987). | 1 | 1 |
Simpson v. Daileygreen1 sentence2002The plaintiffs contended that the question of whether a fiduciary relationship exists is a fact-intensive inquiry that depends on various factors, “including the reliance of one party upon the other, the relationship of the parties prior to the incidents complained of, the relative business capacities or lack thereof between the parties, and the readiness of one party to follow the other’s guidance in complicated transactions.” Simpson v. Dailey, 496 A.2d 126, 129 (R.I.1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Filippi v. Filippi
green
2 sentences2015Ordinarily, “[t]he question of whether 3 Notably, Attorney Stone testified at his deposition that he performed occasional corporate work for William and the entities with which William was associated. -5- undue influence exists is a fact-intensive inquiry.” Id. (quoting Filippi, 818 A.2d at 630 ). 2015Ordinarily, “[t]he question of whether 3 Notably, Attorney Stone testified at his deposition that he performed occasional corporate work for William and the entities with which William was associated. -5- undue influence exists is a fact-intensive inquiry.” Id. (quoting Filippi, 818 A.2d at 630 ). | 4 | 2006–2019 |
A. Teixeira & Co., Inc. v. Teixeira
green
2 sentences2010"The existence of a fiduciary duty is a fact-intensive inquiry." A. Teixeira Co. v. Texeira , 699 A.2d 1383 , 1387 (R.I. 1997). 2008A Teixeira Co., 699 A.2d at 1387 . | 2 | 2008–2010 |
George v. Fadiani
green
2 sentences2005"Crucial to any such determination is the manner in which the medical professionals conduct themselves or hold themselves out." Fadiani, 772 A.2d at 1069 . 2004"Crucial to any such determination is the manner in which the medical professionals conduct themselves or hold themselves out." Fadiani, 772 A.2d at 1069 . 5 Against this backdrop of controlling case law, we revisit the facts offered by the Plaintiff. | 2 | 2004–2005 |
Marketing Design Source, Inc. v. Pranda North America, Inc.
green
1 sentence2019As we have said on many occasions in the past, on a motion for judgment as a matter of law, we, like the trial justice, are tasked with examining "the evidence in the light most favorable to the nonmoving party, without weighing the evidence or evaluating the credibility of witnesses, and draw[ing] from the record all reasonable inferences that support the position of the nonmoving party." Filippi , 818 A.2d at 617 (quoting Marketing Design Source, Inc. , 799 A.2d at 271 ). | 1 | 2019–2019 |
In re Estate of Ann Marie Picillo
green
2 sentences2019"Ordinarily, 'the question of whether undue influence exists is a fact-intensive inquiry.' " *429 Id. (brackets omitted) (quoting In re Estate of Picillo , 99 A.3d at 982 ). 1 Motion for Judgment as a Matter of Law With respect to the denial of her motion for judgment as a matter of law on the issue of undue influence, Louttit contends that the trial justice erred because he accorded excessive weight to the testimony of Dr. Stoukides and insufficient weight to the testimony of Andrew Davis, Ms. Hathaway's estate planning attorney, and to the testimony evincing "Augusta's love of her home, her 2019"Ordinarily, 'the question of whether undue influence exists is a fact-intensive inquiry.' " *429 Id. (brackets omitted) (quoting In re Estate of Picillo , 99 A.3d at 982 ). 1 Motion for Judgment as a Matter of Law With respect to the denial of her motion for judgment as a matter of law on the issue of undue influence, Louttit contends that the trial justice erred because he accorded excessive weight to the testimony of Dr. Stoukides and insufficient weight to the testimony of Andrew Davis, Ms. Hathaway's estate planning attorney, and to the testimony evincing "Augusta's love of her home, her | 1 | 2019–2019 |
Fravala v. CITY OF CRANSTON EX REL. BARON
green
2 sentences2018“The existence of a common-law marriage vel non is intrinsically a fact-intensive inquiry.” Fravala, 996 A.2d at 706 . 2018"The existence of a common-law marriage vel non is intrinsically a fact-intensive inquiry." Fravala , 996 A.2d at 706 . | 1 | 2018–2018 |
Santucci v. Citizens Bank of Rhode Island
green
1 sentence2008Santucci v. Citizens Bank of RI , 799 A.2d 254 , 258 (R.I. 2002). | 1 | 2008–2008 |
State v. DiPrete
green
1 sentence2006State v. Diprete, 698 A.2d 223 , 226 (R.I. 1997). | 1 | 2006–2006 |
Pamperin v. Trinity Memorial Hospital
green
1 sentence2004See Butler v. Domin, 2000 MT 312 , 302 Mont. 452 , 15 P.3d 1189 , 1196 (Mont. 2000); Simmons v. Tuomey Regional Medical Center, 533 S.E.2d 312 , 322 (S.C. 2000); Pamperin v. Trinity Memorial Hosp. 423 N.W.2d 848 , 857 (Wis. 1988); Jackson v. Power, 743 P.2d 1376 , 1380 (Ala. 1987). | 1 | 2004–2004 |
Jackson v. Power
green
1 sentence2004See Butler v. Domin, 2000 MT 312 , 302 Mont. 452 , 15 P.3d 1189 , 1196 (Mont. 2000); Simmons v. Tuomey Regional Medical Center, 533 S.E.2d 312 , 322 (S.C. 2000); Pamperin v. Trinity Memorial Hosp. 423 N.W.2d 848 , 857 (Wis. 1988); Jackson v. Power, 743 P.2d 1376 , 1380 (Ala. 1987). | 1 | 2004–2004 |
Simmons v. Tuomey Regional Medical Center
green
1 sentence2004See Butler v. Domin, 2000 MT 312 , 302 Mont. 452 , 15 P.3d 1189 , 1196 (Mont. 2000); Simmons v. Tuomey Regional Medical Center, 533 S.E.2d 312 , 322 (S.C. 2000); Pamperin v. Trinity Memorial Hosp. 423 N.W.2d 848 , 857 (Wis. 1988); Jackson v. Power, 743 P.2d 1376 , 1380 (Ala. 1987). | 1 | 2004–2004 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.