211 A.3d
Volume 211 — Atlantic Reporter, Third Series
84 opinions
- 211 A.3d 136Layton v. Layton (2019)
- 211 A.3d 137In re PLX Tech. Inc. (2019)
- 211 A.3d 137Lewis v. State (2019)
- 211 A.3d 137Wilson v. State (2019)
- 211 A.3d 137Zalmanoff v. Hardy (2019)
- 211 A.3d 138Bradley v. State (2019)
- 211 A.3d 138Hitchens v. State (2019)
- 211 A.3d 138Park v. State (2019)
- 211 A.3d 138State v. Mountaire Farms of Del., Inc. (2019)
- 211 A.3d 139Friends of McMillan Park and DC for Reasonable Development v. DC Zoning Commission (2019)
- 211 A.3d 152Compass Grp. v. Doe (2019)
- 211 A.3d 152Galloway v. United States (2019)
- 211 A.3d 152Haydari v. U.S. Bank (2019)
- 211 A.3d 152Little v. United States (2019)
- 211 A.3d 153Marshall v. United States (2019)
- 211 A.3d 153Straughn v. Doe (2019)
- 211 A.3d 153Holliday v. DC Zoning Comm'n (2019)
- 211 A.3d 153Mccray v. United States (2019)
- 211 A.3d 154Gant v. 16TH St. Heights Dev., LLC (2019)
- 211 A.3d 154Perdomo Nat'l Wrecking Co. v. Uip Gen. Contracting, Inc. (2019)
- 211 A.3d 154Van Leeuwen v. Paylor (2019)
- 211 A.3d 154Williams v. United States (2019)
- 211 A.3d 155Alvis v. Estate of Cone (2019)
- 211 A.3d 155Aridi v. Doe (2019)
- 211 A.3d 155Barry v. United States (2019)
- 211 A.3d 155Thomas v. Johnson (2019)
- 211 A.3d 156Sams v. United States (2019)
- 211 A.3d 156Hemsley v. United States (2019)
- 211 A.3d 156Peek v. SCI Fun II, LLC (2019)
- 211 A.3d 156Wash. v. Marbury Plaza Apartments (2019)
- 211 A.3d 157Thomas v. United States (2019)
- 211 A.3d 157Rimmer v. United States (2019)
- 211 A.3d 157Turner v. United States (2019)
- 211 A.3d 157Wilson v. United States (2019)
- 211 A.3d 158In re Constance Champion (2019)
- 211 A.3d 158L.M.Y v. A.R.J (2019)
- 211 A.3d 158Brown v. United States (2019)
- 211 A.3d 158Crockett v. Nationstar Mortg. (2019)
- 211 A.3d 159Moore v. DC DOES and Marshall Heighst Community Development (2019)
- 211 A.3d 165In Re Vivian N. Brown, Rosenau LLP (2019)
- 211 A.3d 169Citizens for Responsible Options v. DC Board of Zoining Adjustment and DC Department of General Services (2019)
- 211 A.3d 187Rustler Construction, Inc. v. District of Columbia (2019)
- 211 A.3d 236Small v. State (2019)
- 211 A.3d 750Leinberger v. Stellar (2019)
- 211 A.3d 750Hoefling v. Zoning Hearing Bd. of Monroe Twp. & Monroe Twp. (2019)
- 211 A.3d 751Commonwealth v. Kelly (2019)
- 211 A.3d 751Commonwealth v. Streater (2019)
- 211 A.3d 751Commonwealth v. Hall (2019)
- 211 A.3d 752Exeter Twp. v. PLRB, Teamsters Local Union No. 429. (2019)
- 211 A.3d 761Commonwealth v. Bell, T., Aplt. (2019)
- 211 A.3d 797E. Menkowitz, M.D., Aplt. v. Peerless Publications (2019)
- 211 A.3d 810Pa. Rest. & Lodging Ass'n v. City of Pittsburgh (2019)
- 211 A.3d 845In Re: ZHB of Cheltenham Twp 12-16-15 Decision (2019)
- 211 A.3d 862Fox, J. v. Smith, S. (2019)
- 211 A.3d 869Est. of: Krappa, L. v. Lyons, M. (2019)
- 211 A.3d 875Commonwealth v. Pi Delta Psi, Inc. (2019)
- 211 A.3d 893Gordon Terminal Serv. Co. v. Unemployment Comp. Bd. of Review (2019)
- 211 A.3d 900Villager Realty of Bloomsburg v. Unemployment Comp. Bd. of Review (2019)
- 211 A.3d 914F.B. Rahman v. Foster Twp. & T.J. Jones, Jr. (2019)
- 211 A.3d 919Sierra Club v. Dep't of Envtl. Prot. (2019)
- 211 A.3d 930Robin Brindle v. Rhode Island Department of Labor and Training, by and through its Director (2019)
The petitioners, Robin Brindle, Kathleen Brown, Sandra Carter, Marcie LaPorte, and Kelvin Ramirez, filed petitions for writ of certiorari to this Court pursuant to the Administrative Procedures Act, G.L. 1956 § 42-35-16, seeking review of a Superior Court judgment affirming a decision of the Rhode Island Department of Labor and Training that denied the petitioners' wage and hour claims against Delta Airlines, Inc. The petition was granted, and, before the Supreme Court, the petitioners argued that the Superior Court erred in affirming DLT's finding that G.L. 1956 § 25-3-3 is preempted by federal law, specifically, 49 U.S.C § 41713(b)(1) of the Airline Deregulation Act (the ADA). The Supreme Court held that requiring airlines such as Delta to provide one-and-one-half-times the normal rate of pay for work on Sundays and holidays does in fact relate to the services provided by Delta, and, thus, the logical effect of § 25-3-3 on Delta's delivery of services is sufficient to bring the statute within the preemptive scope of the ADA. Specifically, the Court determined that the sworn testimony offered by Delta before the DLT demonstrated that forcing Delta to comply with the requirements of § 25-3-3 could significantly impact the services that Delta and other airlines provide on Sundays and holidays. The Court concluded that there was sufficient evidence in the record for the Superior Court to conclude that DLT's decision was supported by adequate and legally competent evidence. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.
- 211 A.3d 938State v. Joel Najera (2019)
The defendant, Joel Najera, appealed from a judgment of conviction in the Superior Court after a jury found him guilty of one count of assault with a dangerous weapon, to wit, a machete, in violation of G.L. 1956 § 11-5-2, and one count of malicious injury to property, to wit, a car window and basement window, in violation of G.L. 1956 § 11-44-1. On appeal, the defendant argued that the trial justice clearly erred when he denied the defendant's motion for a new trial because, according to the defendant, the verdict was against the weight of the evidence. The Supreme Court held that the trial justice independently assessed the credibility of each witness, weighed the evidence before him, assessed it in light of the jury charge, and determined that he would have reached the same conclusion as the jury. Specifically, the Court found that the trial justice noted the shortcomings and inconsistencies of certain witnesses, passed upon the credibility of the state's witnesses, and found those witnesses to be quite credible, and found defendant and his witnesses to be lacking in credibility. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.
- 211 A.3d 946State v. Mark Bergquist (2019)
- 211 A.3d 1074Davis v. State (2019)
- 211 A.3d 1074Evans v. Ramunno (2019)
- 211 A.3d 1074Mungin v. State (2019)
- 211 A.3d 1074Thomas v. State (2019)
- 211 A.3d 1075Baynum v. State (2019)
- 211 A.3d 1087Greenfield v. DFS Director Miles (2019)
- 211 A.3d 1107In re Martin (2019)
- 211 A.3d 1107Tarbutton v. State (2019)
- 211 A.3d 1107Terrero-Ovalles v. State (2019)
- 211 A.3d 1108Margaret Williams v. James C, Kennedy (2019)
- 211 A.3d 1116IN RE: A.I. I.I. (2019)
- 211 A.3d 1133Roy McGlenn, Sr. v. United States (2019)
- 211 A.3d 1140John Larracuente v. United States (2019)
- 211 A.3d 1184In Re Appeal of Town of Lincoln (2019)
- 211 A.3d 1196State v. Owen Labrie (2019)
- 211 A.3d 1251Commonwealth v. Velez (2019)
- 211 A.3d 1251Commonwealth v. Vicinelly (2019)
- 211 A.3d 1251Serota v. London-Towne Homeowners Ass'n (2019)
- 211 A.3d 1252Kurach v. Truck Ins. Exch. (2019)
- 211 A.3d 1253Com. v. Gray, W., Jr. (2019)
- 211 A.3d 1264Commonwealth v. Holston (2019)