national standard (Rhode Island) · Go Syfert
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national standard in Rhode Island

12 Rhode Island opinions name it 2 courts 1970–2015 0 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.

Followed or applied (5)

CaseFollowedCited
Sheeley v. Memorial Hospitalgreen
ri · 1998 · cited in 3 Rhode Island opinions naming this issue, 1998–2015
2 sentences

2015The defendants contend that the verdict form question was appropriate because it reflected this Court’s adoption of a national standard of care in Sheeley v. Memorial Hospital, 710 A.2d 161 (R.I.1998).

2015The defendants contend that the verdict form question was appropriate because it reflected this Court’s adoption of a national standard of care in Sheeley v. Memorial Hospital, 710 A.2d 161 (R.I. 1998).

13
Bowen Court Associates v. Ernst & Young, LLPgreen
ri · 2003 · cited in 1 Rhode Island opinions naming this issue, 2004–2004
1 sentence

2004Bowen Court Associates v. Ernst & Young, LLP, 818 A.2d 721, 726 (R.I.2008).

11
Cheek v. Domingogreen
vid · 1986 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
1 sentence

1998See Shilkret, 349 A.2d at 253 ; see also Cheek v. Domingo, 628 F.Supp. 149, 152 (D.Virgin Islands 1986) (holding specialist may testify regarding standard of care of general practitioner provided proposed witness possesses requisite knowledge).

11
Shilkret v. Annapolis Emergency Hospital Ass'ngreen
md · 1975 · cited in 1 Rhode Island opinions naming this issue, 1998–1998
1 sentence

1998See Shilkret, 349 A.2d at 253 ; see also Cheek v. Domingo, 628 F.Supp. 149, 152 (D.Virgin Islands 1986) (holding specialist may testify regarding standard of care of general practitioner provided proposed witness possesses requisite knowledge).

11
Scuncio v. Columbus Theatre, Inc.green
ri · 1971 · cited in 1 Rhode Island opinions naming this issue, 1972–1972
1 sentence

1972I. 613, 615, 277 A.2d 924, 925 (1971); In re Seven Magazines, 107 *298 R.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Jacobellis v. Ohio green
scotus · 1964
2 sentences

1979In the same case Mr. Justice Brennan in an opinion in which Mr. Justice Goldberg joined suggested that the limits of the candor of expression of an allegedly obscene work must be determined on the basis of a national standard, id. at 195 , 84 S. Ct. at 1682 , 12 L.

1979In the same case Mr. Justice Brennan in an opinion in which Mr. Justice Goldberg joined suggested that the limits of the candor of expression of an allegedly obscene work must be determined on the basis of a national standard, id. at 195 , 84 S. Ct. at 1682 , 12 L.

41970–1979
Wilkinson v. Vesey green
ri · 1972
2 sentences

1997In Pola v. Health-Tex , 605 A.2d 1321 , 1324 (R.I. 1992), the Rhode Island Supreme Court specifically stated that "we first considered the merits of adopting a national standard in Wilkinson v. Vesey , 110 R.I. 606 , 295 A.2d 676 (1972). . . .

1997In Pola v. Health-Tex , 605 A.2d 1321 , 1324 (R.I. 1992), the Rhode Island Supreme Court specifically stated that "we first considered the merits of adopting a national standard in Wilkinson v. Vesey , 110 R.I. 606 , 295 A.2d 676 (1972). . . .

21992–1997
In re Seven Magazines neutral
ri · 1970
2 sentences

1979Indeed, in In Re Seven Magazines, 107 R.I. 540 , 268 A.2d 707 (1970), Mr. Justice Joslin in a searching analysis of constitutional developments up to that time construed the term “obscene” as contained in G.L. 1956 (1969 Reenactment) §11-31.1-4, to include the then current Roth-Memoirs definitions as illuminated or obscured by the national standard test suggested in Jacobellis , and the ad hoc determinations in Redrup .

1971In re Seven Magazines, 107 R.I. 540 , 268 A.2d 707 . *926 Notwithstanding the trial judge's error, we would point out that this is not a case wherein we are bound to follow the ruling of the Superior Court unless we find it to be clearly wrong.

21971–1979
In Re Seven Magazines green
ri · 1970
2 sentences

1979Indeed, in In Re Seven Magazines, 107 R.I. 540 , 268 A.2d 707 (1970), Mr. Justice Joslin in a searching analysis of constitutional developments up to that time construed the term “obscene” as contained in G.L. 1956 (1969 Reenactment) §11-31.1-4, to include the then current Roth-Memoirs definitions as illuminated or obscured by the national standard test suggested in Jacobellis , and the ad hoc determinations in Redrup .

1971In re Seven Magazines, 107 R.I. 540 , 268 A.2d 707 . *926 Notwithstanding the trial judge's error, we would point out that this is not a case wherein we are bound to follow the ruling of the Superior Court unless we find it to be clearly wrong.

21971–1979
Miller v. Rhode Island Hospital green
ri · 1993
1 sentence

1997Miller v. Rhode Island Hospital , 625 A.2d 778 (R.I. 1993).

11997–1997
Pola v. Health-Tex, Inc. neutral
ri · 1992
1 sentence

1997In Pola v. Health-Tex , 605 A.2d 1321 , 1324 (R.I. 1992), the Rhode Island Supreme Court specifically stated that "we first considered the merits of adopting a national standard in Wilkinson v. Vesey , 110 R.I. 606 , 295 A.2d 676 (1972). . . .

11997–1997

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 5-22-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

DC 42 (1967–2023) TN 41 (1967–2022) CA 27 (1941–2022) NC 27 (1948–2026) ID 26 (1987–2025) TX 23 (1972–2023) IL 23 (1943–2017) NY 22 (1904–2025) LA 21 (1943–2026) MI 20 (1972–2024) MS 18 (1986–2026) CT 18 (1965–2016) AL 17 (1970–2026) WA 17 (1967–2025) PA 17 (1938–2024) RI 12 (1970–2015) MT 11 (1981–2024) FL 10 (1941–2017) NJ 8 (1964–2019) UT 8 (1938–2024) GA 8 (1947–2009) CO 8 (1944–2008) MO 8 (1965–2022) AR 7 (1943–2026) AZ 7 (1968–2025) MA 7 (1980–2023) OH 6 (1971–2022) OR 6 (1966–2024) HI 5 (1991–2024) MD 5 (1960–2013) OK 5 (1946–2026) VA 5 (1974–2004) NM 4 (1970–2025) WV 4 (1982–2020) KS 4 (1966–2013) IN 4 (1971–2002) NE 4 (1980–2024) WI 3 (1963–1994) SD 3 (1989–2014) MN 3 (1977–2017) DE 3 (1992–1999) NV 2 (1988–1989) AK 2 (1978–1991) WY 2 (2002–2003) SC 2 (1984–1993)

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.

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