NOTEWORTHY CASES

 

Lawton v. Bank of America, _ F.Supp.2d __, 2011 U.S. Dist. LEXIS 95052, 2011 WL 374-478  (D.R.I. 2011).  Attorney Pelczarski served as lead counsel for the plaintiff beneficiary group in a case involving breaches of fiduciary duty by the co-executors of an estate.  The matter involved, among other transgressions, the Bank’s sale of closely held corporate stock in an estate for less than fair value.  After a lengthy trial in federal court, the plaintiffs were awarded a seven-figure judgment.

 

Lawton v. Nyman, 327 F.3d 30 (1st Cir. 2003).  Attorney Pelczarski successfully served as lead counsel for the plaintiffs in this case.  After a federal court trial and appeal, this case resulted in a seven figure judgment against directors and managers of a closely held corporation who offered to purchase the plaintiffs’ stock at a reduced purchase price and later sold the company for far more than the stock purchase price they paid to the plaintiffs.

 

Notarantonio v. Notarantonio, 941 A.2d 138 (R.I. 2008).  Attorney Pelczarski served as lead counsel for and successfully defended the defendants at trial in the Rhode Island Superior Court and on appeal to the Rhode Island Supreme Court in a case involving allegations of undue influence and breach of fiduciary duties in connection with transfers of stock and real estate.

 

Parella v. Montalbano, 899 A.2d 1226 (R.I. 2006).  Attorney Pelczarski served as lead counsel in a case where the municipalities of Bristol, Tiverton and Little Compton challenged the redistricting of Rhode Island state senate lines in Bristol, Barrington, Tiverton, Little Compton, Newport and Middletown.  Although the plaintiffs were ultimately unsuccessful in having the senate lines redrawn, the Rhode Island Supreme Court commented in its decision that: “… the high burden of proof prescribed by our Supreme Court makes the task of challenging said legislative redistricting difficult. The plaintiffs accepted that challenge and argued their posture with conviction, skill and eloquence, but in the end without success.”  Id., at 1258.

 

In re Prince Trust.  Attorney Pelczarski was appointed by the Rhode Island Superior Court to serve as guardian ad litem for the unborn and unascertained beneficiaries in litigation regarding alleged breaches of fiduciary duties in connection with a significant trust which was at one time noted to be the largest trust in the world.

 

 

Lavoie v. Northeast Knitting, Inc., 918 A.2d 225 (R.I. 2007).  Attorney Pelczarski successfully defended a corporation in a case involving allegations of breach of a shareholder agreement, undue influence, and breach of fiduciary duties, by winning two successive summary judgment motions in the Rhode Island Superior Court.  The second summary judgment was appealed to the Rhode Island Supreme Court where the decision was affirmed on appeal.

 

Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990).  This is the leading case in Rhode Island on child placement and support in child custody disputes.

 

Dupre v. Dupre, 847 A.2d 242 (R.I. 2002).  This case resulted in the Rhode Island Supreme Court’s establishment of new guidelines for divorced parents who seek to move out of state.

 

Gorman v. St. Raphael Academy, 853 A.2d 28 (R.I. 2004).  Ms. Pelczarski authored the winning brief on behalf of St. Raphael Academy in a case that was appealed to the Rhode Island Supreme Court.  In this case, a student unsuccessfully claimed that his civil rights were violated when the school’s administration required him to abide by the school’s short hair rule.

 

Collins Co. v. Tarro, 696 A.2d 298 (R.I. 1997).  Ms. Pelczarski authored the winning brief on behalf of a construction company which was awarded a contract to construct a high school building in Barrington, Rhode Island.

 

Various amicus curiae briefs to the Rhode Island Supreme Court on behalf of Common Cause for cases involving constitutional law and matters of state government, including: In re Request for Advisory Opinion from the House of Representatives (Coastal Resource Management Council), 961 A.2d 930 (R.I. 2008); Almond v. Rhode Island Lottery Commission, 756 A.2d 186 (R.I. 2000); In re Advisory Opinion of the Governor (Rhode Island Ethics Commission – Separation of Powers), 732 A.2d 55 (R.I. 1999); and In re:  Advisory Opinion from the House of Representatives (Public Officers – Code of Ethics – Practice of Law), No. 2001-53 M.P.

 

Law Office of Karen Pelczarski • 320 South Main Street, Providence, Rhode Island 02903 • 401 323 8920 • karen@kpellaw.com