In a recent Rhode Island Supreme Court decision, the Court summarily dismissed a residential tenant’s appeal due to the tenant’s failure to continue to pay rent during the pendency of the appeal. This requirement, which is set forth in section 34-18-52 of the Rhode...
PLDO Law Blog
Court Decisions
The Increasing Sweep of Opioid Litigation
States are now one step closer to holding the Sackler family individually liable for the role they and their pharmaceutical corporation, Purdue Pharma, played in creating and facilitating the nation’s opioid epidemic. In a decision issued on October 8, 2019,...
Supreme Court Rules States Cannot Tax Trust Income Solely Based on Beneficiary’s Residence
In N.C. Dep’t of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, the U.S. Supreme Court issued a unanimous decision on June 21, 2019 holding the State of North Carolina may not tax a beneficiary on the income of a trust merely because the beneficiary resides...
RI Supreme Court Clarifies Insurers’ Obligations in Auto Accident Claims
In a recent Rhode Island Supreme Court decision, the Court clarified the duty owed, or better yet not owed, by an insurer to third party claimants in auto accident matters. In Summit Insurance Company v. Eric Stricklett et al., No. 2017-185-A (R.I. 2019), a minor was...
HASTE MAKES WASTE . . . CASH THE CHECK.
One never knows what corner the grim reaper lies behind. A final illness can often accelerate quickly and deprive a donor of adequate time to complete gifts for tax purposes that he intended to make. In a recent federal court case, the Third Circuit Court of Appeals...
ATTENTION SNOWBIRDS: DO YOU PASS THE DOMICILE TEST?
“A person doesn't know how much he has to be thankful for until he has to pay taxes on it.” This anonymous quote is timely. It is rumored that the Rhode Island Division of Taxation (“the Division”) is reviewing its procedures for determining whether a Rhode Islander...
HOW CLOSELY HELD BUSINESSES CAN PREVENT MANAGEMENT DEADLOCKS
Differences in opinion on how to achieve a stated goal in a closely held business can lead to disputes that block the enterprise from moving forward. Closely held businesses are characterized by a limited number of shareholders and a lack of public trading. The...
WHY ESTATE PLANNING FOR BUSINESSES IS CRITICAL (NOT OPTIONAL)
Owning your own business can be extremely demanding. From your customers to your employees, there’s hardly enough time in the day. While most entrepreneurs are consumed by the day-to-day challenges of running their businesses, they often neglect the critical task of...
PAY EQUITY IN RHODE ISLAND: EMPLOYERS, ARE YOU IN COMPLIANCE?
Rhode Island’s Pay Equity Act was expanded in 2023, creating additional obligations for employers with employees located in, or working from, the state. Once only prohibiting differences in wages based on gender, Rhode Island’s Pay Equity Act prohibits differences in...