11 Rhode Island opinions name it 2 courts 1966–2020 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.
| Case | Followed | Cited |
|---|---|---|
In Re Advisory Opinion to the House of Representativesgreen1 sentence2020Whatever the present number is in fact has no bearing on our analysis. 6 We fondly recall the late Rhode Island Supreme Court Justice John P. Bourcier, who aptly applied wit to the law, when he said: “Labeling a cat a dog certainly will not cause a cat to bark.” Cohen v. Harrington, 722 A.2d 1191, 1195 (R.I. 1999); see also In re Advisory Opinion to House of Representatives (Casino II), 885 A.2d 698 , 707 n.8 (R.I. 2005). -5- a petition, and no extreme circumstances exist that would justify a departure from our rule. | 1 | 1 |
Africano v. Castelligreen1 sentence2020See Fischer v. Walker, 874 A.2d 737, 737 (R.I. 2005) (mem.) (“[W]e will consider only those matters that are properly before us, pursuant to § 14-1-52(b) and, only in the rarest of circumstances, will we allow any deviation from the required procedure.” (quoting McKenna v. Guglietto, 683 A.2d 369, 369 (R.I. 1996) (mem.))); Africano v. Castelli, 837 A.2d 721, 729 (R.I. 2003) (“Only in extreme circumstances will this Court depart from this procedure.”). | 1 | 1 |
McKenna v. Gugliettogreen1 sentence2020See Fischer v. Walker, 874 A.2d 737, 737 (R.I. 2005) (mem.) (“[W]e will consider only those matters that are properly before us, pursuant to § 14-1-52(b) and, only in the rarest of circumstances, will we allow any deviation from the required procedure.” (quoting McKenna v. Guglietto, 683 A.2d 369, 369 (R.I. 1996) (mem.))); Africano v. Castelli, 837 A.2d 721, 729 (R.I. 2003) (“Only in extreme circumstances will this Court depart from this procedure.”). | 1 | 1 |
Cohen v. Harringtongreen1 sentence2020Whatever the present number is in fact has no bearing on our analysis. 6 We fondly recall the late Rhode Island Supreme Court Justice John P. Bourcier, who aptly applied wit to the law, when he said: “Labeling a cat a dog certainly will not cause a cat to bark.” Cohen v. Harrington, 722 A.2d 1191, 1195 (R.I. 1999); see also In re Advisory Opinion to House of Representatives (Casino II), 885 A.2d 698 , 707 n.8 (R.I. 2005). -5- a petition, and no extreme circumstances exist that would justify a departure from our rule. | 1 | 1 |
Fischer v. Walkergreen1 sentence2020See Fischer v. Walker, 874 A.2d 737, 737 (R.I. 2005) (mem.) (“[W]e will consider only those matters that are properly before us, pursuant to § 14-1-52(b) and, only in the rarest of circumstances, will we allow any deviation from the required procedure.” (quoting McKenna v. Guglietto, 683 A.2d 369, 369 (R.I. 1996) (mem.))); Africano v. Castelli, 837 A.2d 721, 729 (R.I. 2003) (“Only in extreme circumstances will this Court depart from this procedure.”). | 1 | 1 |
Young v. Parkgreen1 sentence1987We have repeatedly said that, as a general rule, a departure from this standard of care, whether it be at the diagnostic or treatment stage, must be established by expert testimony, except if the lack of care is so obvious as to be within the [layperson’s] common knowledge.” Young v. Park, 417 A.2d 889, 893 (R.I.1980). | 1 | 1 |
Schenck v. Roger Williams General Hospitalgreen1 sentence1980See Schenck v. Roger Williams Hospital, R.I., 382 A.2d 514 (1977); Marshall v. Tomaselli & Bellavance, 118 R.I. 190 , 372 A.2d 1280 (1977); Wilkinson v. Vesey, 110 R.I. 606 , 295 A.2d 676 (1972). | 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 |
|---|---|---|
Holmes v. Farmer
green
2 sentences2006Territorial compactness, then, is “peripheral in its thrust” and is a legislative function to determine whether a district is as compact as possible. “[W]hether there has been a complete departure from the requirement for compactness is a judicial question, but the determination of the territory that necessarily would have to be included in a district to provide that that district be as compact as possible is for legislative determination.” Id. *1244 The Court conducted a fact-finding analysis in Holmes v. Farmer, 475 A.2d 976 (R.I.1984). 2003The Court conducted a fact-finding analysis in Holmes v. Farmer , 475 A.2d 976 (R.I. 1984). | 2 | 2003–2006 |
Opinion to the Governor
green
1 sentence2006Territorial compactness, then, is “peripheral in its thrust” and is a legislative function to determine whether a district is as compact as possible. “[W]hether there has been a complete departure from the requirement for compactness is a judicial question, but the determination of the territory that necessarily would have to be included in a district to provide that that district be as compact as possible is for legislative determination.” Id. *1244 The Court conducted a fact-finding analysis in Holmes v. Farmer, 475 A.2d 976 (R.I.1984). | 1 | 2006–2006 |
United States v. Samuel J. Concemi, United States of America v. Walter Ribeck
green
1 sentence2005"Mere speculation as to the content of documents is hardly a showing of relevance." United States v. Concemi, 957 F.2d 942 , 949 (1st Cir. 1992). 1 DEFENDANT'S ARGUMENT The pertinent part of the Defendant's argument states: "[f]irst, these materials are relevant to whether Mr. Biechele's actions were such a departure from the standard of care in the industry as to constitute gross/criminal negligence. . . . | 1 | 2005–2005 |
Murphy v. United Steelworkers Local No. 5705
green
1 sentence1996We acknowledge that in Murphy v. United Steelworkers of America, 507 A.2d 1342 (R.I.1986), there may have been an impression created that indicated a departure from the rule announced in Paola . | 1 | 1996–1996 |
Hart Engineering Co. v. City of Pawtucket Water Supply Board
green
1 sentence1996However, in Hart Engineering Co. v. City of Pawtucket Water Supply Board, 560 A.2d 329 (R.I.1989), a case decided three years after Murphy , we reaffirmed our holding in Paola and said the following: “We have said that an arbitrator does have the authority to award prejudgment interest and should do so. | 1 | 1996–1996 |
Catalano v. Woodward
green
1 sentence1995Plaintiff suggests that Catalano v. Woodward, supra represents a departure from the rule of necessity based upon the intention of the parties at the time of the conveyance. | 1 | 1995–1995 |
Marshall v. Tomaselli
green
2 sentences1980See Schenck v. Roger Williams Hospital, R.I., 382 A.2d 514 (1977); Marshall v. Tomaselli & Bellavance, 118 R.I. 190 , 372 A.2d 1280 (1977); Wilkinson v. Vesey, 110 R.I. 606 , 295 A.2d 676 (1972). 1980See Schenck v. Roger Williams Hospital, R.I., 382 A.2d 514 (1977); Marshall v. Tomaselli & Bellavance, 118 R.I. 190 , 372 A.2d 1280 (1977); Wilkinson v. Vesey, 110 R.I. 606 , 295 A.2d 676 (1972). | 1 | 1980–1980 |
Wilkinson v. Vesey
green
2 sentences1980See Schenck v. Roger Williams Hospital, R.I., 382 A.2d 514 (1977); Marshall v. Tomaselli & Bellavance, 118 R.I. 190 , 372 A.2d 1280 (1977); Wilkinson v. Vesey, 110 R.I. 606 , 295 A.2d 676 (1972). 1980See Schenck v. Roger Williams Hospital, R.I., 382 A.2d 514 (1977); Marshall v. Tomaselli & Bellavance, 118 R.I. 190 , 372 A.2d 1280 (1977); Wilkinson v. Vesey, 110 R.I. 606 , 295 A.2d 676 (1972). | 1 | 1980–1980 |
Stiness v. Brennan & Citizens Savings Bank
neutral
1 sentence1972Stiness v. Brennan, supra. There has been a significant departure from that principle. | 1 | 1972–1972 |
O'Neil v. Demers
green
1 sentence1970I. 504, 118 A. 677 , there was a departure from the principle set forth in State v. Septon, supra. In O’Neil , it was pointed out that art. | 1 | 1970–1970 |
Southern Pacific Terminal Co. v. Interstate Commerce Commission
green
1 sentence1966Southern Pacific Terminal Co. v. Interstate Commerce Comm’n, 219 U. S. 498, 514 . | 1 | 1966–1966 |
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.