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8 Rhode Island opinions name it 2 courts 1909–2011 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 |
|---|---|---|
Sullivan v. Hoeygreen2 sentences2010See Sullivan v. Hoey , 102 R.I. 487 , 488 , 231 A.2d 789 , 790 (1967); Lockwood v. Edwards , 46 R.I. 267 , 270 , 126 A. 757 , 758 (R.I. 1924) (stating that the relation between partners is fiduciary in nature); Meinhard v. Salmon , 249 N.Y. 458 , 164 N.E. 545 (1928); 59A Am. 2010See Sullivan v. Hoey , 102 R.I. 487 , 488 , 231 A.2d 789 , 790 (1967); Lockwood v. Edwards , 46 R.I. 267 , 270 , 126 A. 757 , 758 (R.I. 1924) (stating that the relation between partners is fiduciary in nature); Meinhard v. Salmon , 249 N.Y. 458 , 164 N.E. 545 (1928); 59A Am. | 1 | 1 |
Abbey Medical/Abbey Rents, Inc. v. Mignaccagreen2 sentences2010Abby Medical/Abby Rents, Inc. v. Mignacca , 471 A.2d 189 , 195 (R.I. 1984) (stating that the court's damages analysis need not be made with a mathematical certainty, but simply guided by some rational standard). 2010An award must be based on a reasonable estimate, have been established with a "reasonable certainty," or flow from a "rational model." Long , 681 A.2d at 252 ; Mignacca , 471 A.2d at 195 (stating that the court's damages analysis need not be made with a mathematical certainty, but simply guided by some rational standard). *Page 26 1 The General Partner's Fiduciary Duty It is well settled that partners owe a fiduciary duty to each other and the partnership under the common law. | 1 | 1 |
Fox v. Board Of Trustees Of The State University Of New Yorkgreen1 sentence2003That court stated: "(W)e are especially reluctant in these circumstances to read a damages claim into the Complaint's boilerplate prayer for "such other relief as the Court deems just and proper," or to conclude that the district court should have exercised its discretion to permit an amendment of the Complaint to seek nominal damages." Fox , 42 F.3d at 141-42. | 1 | 1 |
Dundee Cement Company v. Howard Pipe & Concrete Products, Inc.green2 sentences2001To avoid this undesirable outcome the Seventh Circuit has held that in actions "where liability is joint and several, [and there has been an] entry of default judgment against fewer than all defendants * * * a damages hearing may not be held until the liability of each defendant has been resolved." Dundee Cement Co. v. Howard Pipe & concrete Products, Inc., 722 F.2d 1319, 1324 (7the Cir.1983): See also 10 Moore's Federal Practice § 55.25 at 55-47 (3d ed.1998) ("A default judgment entered against one of several defendants, each of which is jointly and severally liable for plaintiff's damages, e 2001To avoid this undesirable outcome the Seventh Circuit has held that in actions “where liability is joint and several, [and there has been an] entry of default judgment against fewer than all defendants * * * a damages hearing may not be held until the liability of each defendant has been resolved.” Dundee Cement Co. v. Howard Pipe & Concrete Products, Inc., 722 F.2d 1319, 1324 (7th Cir.1983); see also 10 Moore’s Federal Practice § 55.25 at 55-47 (3d ed. 1998) (“A default judgment entered against one of several defendants, each of which is jointly and severally liable for plaintiffs damages, es | 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 |
|---|---|---|
Whipple v. Wanskuck Co.
neutral
2 sentences2011Regarding proof of damages for trespass, our Supreme Court noted: "In an action of trespass for damages to real or personal property, compensation does not consist merely in such a sum of money as will repair or replace the injury done, but includes also *Page 16 the damages for the violation of the right of property." Whipple v. Wanskuck Co. , 12 R.I. 321 , 323 (1879); see also 75 Am. 2009For example, in Annicelli v. Town of South Kingstown , 463 A.2d 133 , 135 (R.I. 1983), our Supreme Court found that the plaintiff had "established an action of inverse condemnation against the town and thus must be compensated for a constructive `taking' of her property." Regarding trespass, our Supreme Court stated, "In an action of trespass for damages to real or personal property, compensation does not consist merely in such a sum of money as will repair or replace the injury done, but includes also the damages for the violation of the right of property." Whipple v. Wanskuck Co. 12 R.I. 321 | 2 | 2009–2011 |
Meinhard v. Salmon
green
2 sentences2010See Sullivan v. Hoey , 102 R.I. 487 , 488 , 231 A.2d 789 , 790 (1967); Lockwood v. Edwards , 46 R.I. 267 , 270 , 126 A. 757 , 758 (R.I. 1924) (stating that the relation between partners is fiduciary in nature); Meinhard v. Salmon , 249 N.Y. 458 , 164 N.E. 545 (1928); 59A Am. 2010See Sullivan v. Hoey , 102 R.I. 487 , 488 , 231 A.2d 789 , 790 (1967); Lockwood v. Edwards , 46 R.I. 267 , 270 , 126 A. 757 , 758 (R.I. 1924) (stating that the relation between partners is fiduciary in nature); Meinhard v. Salmon , 249 N.Y. 458 , 164 N.E. 545 (1928); 59A Am. | 1 | 2010–2010 |
Long v. Atlantic PBS, Inc.
green
1 sentence2010An award must be based on a reasonable estimate, have been established with a "reasonable certainty," or flow from a "rational model." Long , 681 A.2d at 252 ; Mignacca , 471 A.2d at 195 (stating that the court's damages analysis need not be made with a mathematical certainty, but simply guided by some rational standard). *Page 26 1 The General Partner's Fiduciary Duty It is well settled that partners owe a fiduciary duty to each other and the partnership under the common law. | 1 | 2010–2010 |
Lockwood v. Edwards
neutral
2 sentences2010See Sullivan v. Hoey , 102 R.I. 487 , 488 , 231 A.2d 789 , 790 (1967); Lockwood v. Edwards , 46 R.I. 267 , 270 , 126 A. 757 , 758 (R.I. 1924) (stating that the relation between partners is fiduciary in nature); Meinhard v. Salmon , 249 N.Y. 458 , 164 N.E. 545 (1928); 59A Am. 2010See Sullivan v. Hoey , 102 R.I. 487 , 488 , 231 A.2d 789 , 790 (1967); Lockwood v. Edwards , 46 R.I. 267 , 270 , 126 A. 757 , 758 (R.I. 1924) (stating that the relation between partners is fiduciary in nature); Meinhard v. Salmon , 249 N.Y. 458 , 164 N.E. 545 (1928); 59A Am. | 1 | 2010–2010 |
Annicelli v. Town of South Kingstown
green
1 sentence2009For example, in Annicelli v. Town of South Kingstown , 463 A.2d 133 , 135 (R.I. 1983), our Supreme Court found that the plaintiff had "established an action of inverse condemnation against the town and thus must be compensated for a constructive `taking' of her property." Regarding trespass, our Supreme Court stated, "In an action of trespass for damages to real or personal property, compensation does not consist merely in such a sum of money as will repair or replace the injury done, but includes also the damages for the violation of the right of property." Whipple v. Wanskuck Co. 12 R.I. 321 | 1 | 2009–2009 |
McGarvin-Moberly Construction Co. v. Welden
green
1 sentence2001The Calises argue that depriving a defaulted joint-tortfeasor of § 10-6-7's claim reduction is justified by a need to "retain some element of a [default] sanction, which must be significant." Although precluding defaulted defendants from contesting liability appears to me to represent a most significant sanction for a default, the Calises find support for their ultra-punitive position in McGarvin-Moberly construction Co. v. Welden, 897 P.2d 1310 (Wyo.1995). | 1 | 2001–2001 |
Bogan v. Scott-Harris
green
2 sentences1999Finally, the trial justice dismissed the plaintiffs’ damages claim under 42 U.S.C. § 1983 based upon the recent United States Supreme Court ruling in the case of Bogan v. Scott-Harris, 523 U.S. 44 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998) (holding that municipal legislators are entitled to absolute legislative immunity). 1999Finally, the trial justice dismissed the plaintiffs’ damages claim under 42 U.S.C. § 1983 based upon the recent United States Supreme Court ruling in the case of Bogan v. Scott-Harris, 523 U.S. 44 , 118 S.Ct. 966 , 140 L.Ed.2d 79 (1998) (holding that municipal legislators are entitled to absolute legislative immunity). | 1 | 1999–1999 |
Burke v. Rivo
green
2 sentences1997I believe the damages rule we should adopt and promulgate for the victim of a physician's negligence in a wrongful conception or wrongful pregnancy negligence case is the rule adopted by the Supreme Judicial Court of Massachusetts in Burke v. Rivo, 406 Mass. 764 , 551 N.E.2d 1 (1990), and by the Connecticut Supreme Court in Ochs v. Borrelli, 187 Conn. 253 , 445 A.2d 883 (1982). 1997I believe the damages rule we should adopt and promulgate for the victim of a physician's negligence in a wrongful conception or wrongful pregnancy negligence case is the rule adopted by the Supreme Judicial Court of Massachusetts in Burke v. Rivo, 406 Mass. 764 , 551 N.E.2d 1 (1990), and by the Connecticut Supreme Court in Ochs v. Borrelli, 187 Conn. 253 , 445 A.2d 883 (1982). | 1 | 1997–1997 |
Ochs v. Borrelli
green
2 sentences1997I believe the damages rule we should adopt and promulgate for the victim of a physician's negligence in a wrongful conception or wrongful pregnancy negligence case is the rule adopted by the Supreme Judicial Court of Massachusetts in Burke v. Rivo, 406 Mass. 764 , 551 N.E.2d 1 (1990), and by the Connecticut Supreme Court in Ochs v. Borrelli, 187 Conn. 253 , 445 A.2d 883 (1982). 1997I believe the damages rule we should adopt and promulgate for the victim of a physician's negligence in a wrongful conception or wrongful pregnancy negligence case is the rule adopted by the Supreme Judicial Court of Massachusetts in Burke v. Rivo, 406 Mass. 764 , 551 N.E.2d 1 (1990), and by the Connecticut Supreme Court in Ochs v. Borrelli, 187 Conn. 253 , 445 A.2d 883 (1982). | 1 | 1997–1997 |
Fuller v. Emeric
neutral
1 sentence1909Darley v. Nicholson, 2 Dr. & W. 86; Frowd v. Lawrence, 1 Jac. & W. 655; Fuller v. Emeric, 2 Sandf. 626, 629 . | 1 | 1909–1909 |
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.