The Roger Williams University School of Law has recently named several new members to its board of directors. James Ruggieri continues to serve the law school in that capacity as he has continuously for multiple years.

The impressive roster of new and existing board members, representing a broad cross-section of the bench and bar, also includes:

Judge William E. Smith, U.S. District Court for the District of Rhode Island, Chief Justice Paul A. Suttell of the R.I. Supreme Court, Judge O. Rogeriee Thompson of the U.S. Court of Appeals for the First Circuit, Judge Brian Stern of the R.I. Superior Court, Magistrate Judge Patricia Sullivan of the U.S. District Court for the District of Rhode Island, Nicole Verdi, Deputy Chief of Staff to Governor Gina M. Raimondo, and Kenneth E. Arnold, former Senior Vice President & General Counsel at Lifespan Corporation.

Dean Michael J. Yelnosky, whose term ends on June 30, said he is confident that the School of Law is in good hands. “I am thrilled for the law school that so many talented and committed individuals have agreed to join our Board of Directors,” Yelnosky said. “They are a remarkable group.”

The Roger Williams University School of Law, founded three decades ago, is the only law school in Rhode Island.

As Rhode Island state courts prepared to slowly return to in-person proceedings on June 1, the judiciary will continue to build on two months of hearings and conferences conducted remotely during the COVID-19 public health crisis.

While two county courthouses remain closed in Newport and Wakefield, the court system itself never shut down. The Rhode Island Supreme Court heard oral arguments in seven cases over May 13 and 14 using the WebEx video conferencing technology.

In the Superior Court, judges and magistrates have held hundreds of telephone and video conferences and remote hearings, largely in business calendar proceedings and other civil matters.

Each Family Court judge has a YouTube channel in which audio and/or video have been available to the public in domestic relations cases.

The Workers’ Compensation Court has heard more than 2,500 cases remotely since March 17 and disposed of 1,268 cases during that period.

More information about the developments can be found here.

If you have any questions about any legal matter or the status of a particular case, please do not hesitate to contact any of the partners at Higgins, Cavanagh & Cooney, LLP.

Source: Rhode Island Judiciary

The issues and legal concerns that employers face in this new COVID-19 world are numerous and ever-changing in this uncharted environment. Here are a few of the most common issues that we’ve encountered so far.

• Health insurance and COBRA
• OSHA obligations
• Wage and hour considerations
• Employment policies and practices
• Reductions in workforce
• Tailored employment contracts
• Employee handbooks
• Families First Coronavirus Response Act
• Coronavirus Aid, Relief & Economic Security Act
• R.I. Superior Court Business Recovery Plan

Higgins, Cavanagh & Cooney is well-positioned to assist employers with comprehensive workplace representation as the state embarks on a new pathway to reopening the economy.

The attorneys at the firm are also closely monitoring Governor Gina M. Raimondo’s executive orders as well as all other applicable orders issued by the state’s courts.

Higgins, Cavanagh & Cooney has remained opened, and responsive to clients’ needs during the pandemic, and will continue to do so.

Please do not hesitate to contact me or any of my colleagues in helping employers, insurance carriers, or third-party administrators navigate the various employment laws or workers’ compensation issues impacting businesses today.

James A. Ruggieri, a longstanding partner with the firm, has maintained a broad-based litigation practice for more than 30 years.

His employment law practice covers a range of issues relative to wage and hour disputes; employment contracts; OSHA compliance; FLMA; hiring, discipline, and terminations; harassment and retaliation; and discrimination claims.

James A. Ruggieri can be reached at jruggieri@hcc-law.com (401-490-3914).

As a result of the continuing coronavirus crisis, the R.I. Superior Court issued new protocols on April 21, 2020, for handling motions and hearings at the Business Calendars in Providence County and all outlying counties.

The Business Calendars will now consider all receivership proceedings, pretrial motions, dispositive motions, as well as pretrial and status conferences. These matters will be conducted remotely.

• For pending motions, which were previously scheduled for hearing on or after March 16, 2020, or which have been filed since March 16, 2020, and not assigned a hearing date, the following conditions apply. If such a motion remains unresolved, any party may request that it be decided on the pleadings or that a hearing be held. If neither party requests a hearing, then the motion will be decided on the pleadings unless the court seeks oral argument.
• Prior to filing any new motion, a party shall submit to the clerk, by electronic mail, a specific form. If the moving party does not request a hearing, the opposing party may do so by electronic mail. If neither party requests a hearing, then the motion will be decided on the pleadings unless the court seeks an oral argument.
• All hearings will be held remotely by WebEx® Video conferencing, will be recorded by a court stenographer, and the public will have audio access through YouTube streaming. Once a hearing date is set, attorneys will receive an email invitation to the remote hearing. While WebEx® permits audio-only participation, video participation will be required for any attorney addressing the court. This video call is offered at no cost to the participants. Justice Brian Stern has prepared a 15-minute video on how to use the WebEx® system.
• As for requesting a conference with one of the justices, a lawyer must first email a specialized form to the justice’s clerk and copy all other counsel. The attorneys will receive a WebEx® conference invitation by electronic mail. In these instances, there is no need for a stenographic record of conferences.

Additional requirements apply. To view the complete court order establishing these protocols and the requisite form for initiating contact with the court, click here.

If you have questions about this court order or any legal matter, please do not hesitate to contact any of the partners at the firm.

Effective as of April 13, 2020, Chief Justice Paul A. Suttell of the R.I. Supreme Court ordered the reopening of the Noel Judicial Complex (serving Kent County) and the Rhode Island Traffic Tribunal for emergency and essential matters.

However, the Murray and McGrath Judicial Complexes remain closed until further notice. In keeping with a previous order, all emergency or essential matters, which would have been heard in either of these judicial buildings, shall be heard in the Noel Judicial Complex.

The Chief Justice’s order also contains the following key points.

• Everyone entering a judicial building shall be subject to verbal screening for COVID-19 exposure or symptomology.
• Only judicial officers, essential personnel, litigants, witnesses, and other necessary parties who pass this verbal screening shall be allowed to enter the judicial buildings.
• All proceedings shall adhere to mandated social distancing and crowd restrictions
• All judicial buildings are closed to the public, except as provided for above.
• All filing deadlines, which would have expired between March 17, 2020, and May 17, 2020, shall be extended to May 29, 2020.
• Statutes of limitations shall continue to run, given the availability of the electronic filing system.
• Except for emergency matters, no in-person hearing shall take place in any judicial building unless otherwise assigned by the Presiding Justice, Chief Judge or Chief Magistrate.
• Courts are encouraged to utilize videoconferencing tools whenever possible.
• In such cases, oaths or affirmations shall be administered remotely.
• All jury trials shall be continued until after May 17, 2020.

A copy of this Court Order by the Chief Justice is available here.

Additionally, Presiding Justice Alice B. Gibney of the R.I. Superior Court has issued a separate order governing nonemergency and nonessential matters. These matters may be conducted remotely during the period April 20, 2020, through May 15, 2020 and include:

• Receivership Proceedings.
• COVID-19 Receivership Program Matters.
• Dispositive Motions.
• Post-Conviction Relief.
• Administrative and Magistrate Appeals.
• Pre-Trial Motions/ Pre-Trial Conferences/Control Conferences/Status Conferences.
• Other matters explicitly approved in advance by the Presiding Justice

A copy of her Court Order, which also includes the most up-to-date assignments of Duty Justices and Magistrates for emergency and essential matters, is available here.

In response to the COVID-19 pandemic and in accordance with the Governor’s continued directives and the orders of the R.I. Supreme Court, the R.I. Workers’ Compensation Court has taken the following actions through May 17, 2020.

• Effective April 20, 2020, the court will hear its pretrial calendar either telephonically or by video conference. If the parties cannot agree to have their matter heard remotely, they shall advise the court and the matter shall be continued to a date in June (provided that the court is operational). The court will also hear contested cases if agreed to by the parties.
• The court will continue to hear remotely other matters previously scheduled including but not limited to initial hearings, motions, and status conferences.
• The court will allow the filing of stipulations, consent decrees, and final decrees disposing of cases.
• The court will continue to hear commutations and denials and dismissals remotely, either telephonically or by video conference. In lieu of the employee’s in-person testimony, parties shall file an employee affidavit or interrogatories.
• Settlements will be heard on the record with a stenographer present. Employees or employers may also take part in the telephonic or video hearing.
• The chief judge will be available to hear urgent matters.
• All trials shall be continued to a date after May 17, 2020.
• All appellate arguments shall be continued to a date after May 17, 2020.
• By agreement of the parties, the court will hear mediations remotely.
• All court Impartial Medical Exams (IMEs) are suspended through May 7, 2020.
• Public access to all court proceedings shall be available by telephone or other means.

A copy of the court order is available here.

A law enforcement officer who had entered the Noel Judicial Complex on April 2 and an employee assigned to the Rhode Island Traffic Tribunal were recently tested positive for COVID-19.

As a result, Rhode Island Supreme Court Chief Justice Paul A. Suttell issued an executive order on April 5, closing the Noel Judicial Complex in Warwick (serving Kent County) and the Rhode Island Traffic Tribunal in Cranston. The closures took effect April 6 and will continue until further notice. A copy of that executive order is available here.

As of April 6, any emergency or essential matters for the Superior Court, which would have been heard in Kent, Newport or Washington Counties, shall be heard at the Licht Judicial Complex in Providence.

Any emergency or essential matters arising in the Rhode Island Family Court, Rhode Island District Court, and Rhode Island Traffic Tribunal, which would have been heard in either the Noel Judicial Complex in Warwick or the Rhode Island Traffic Tribunal in Cranston, shall now be heard in the Garrahy Judicial Complex in Providence.

Chief Justice Suttell had earlier issued an executive order closing both the McGrath Judicial Complex in South Kingstown (serving Washington County) and the Murray Judicial Complex in Newport (serving Newport County) effective April 1 and until further notice. A copy of that article is available here.