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Rhode Island Lawyers Weekly

Rhode Island Lawyers Weekly Rhode Island Lawyers Weekly is a statewide legal newspaper covering all state and federal courts in the state.

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Operating as usual

Opinion of the Day ⚖️ Where a defendant was convicted of two counts of possessing a firearm as a prohibited person, thos...
01/27/2023

Opinion of the Day ⚖️ Where a defendant was convicted of two counts of possessing a firearm as a prohibited person, those two convictions should be upheld despite the defendant’s contention that ... CONTINUE: http://bit.ly/3XHkEGT

Do you know a lawyer or legal professional known for their leadership, mentoring and community involvement? Nominate the...
01/27/2023

Do you know a lawyer or legal professional known for their leadership, mentoring and community involvement? Nominate them today for a Rhode Island Lawyers Weekly Excellence in the Law award! 🏆https://rilawyersweekly.com/excellence-in-law/

The U.S. Justice Department and eight states — including Rhode Island — filed suit against Google on Jan. 24, alleging t...
01/27/2023
State joins in suing Google over digital advertising dominance

The U.S. Justice Department and eight states — including Rhode Island — filed suit against Google on Jan. 24, alleging that its dominance in digital advertising harms competition, consumers and advertisers. https://rilawyersweekly.com/blog/2023/01/25/state-joins-in-suing-google-over-digital-advertising-dominance/

The U.S. Justice Department and eight states — including Rhode Island — filed suit against Google on Jan. 24, alleging that its dominance in digital advertising harms competition, consumers and advertisers. The government alleges that Google’s plan to assert dominance has been to “neutralize...

Opinion of the Day ⚖️ Where the plaintiff, a medical device company that designs and manufactures customized hip and kne...
01/26/2023

Opinion of the Day ⚖️ Where the plaintiff, a medical device company that designs and manufactures customized hip and knee replacements, alleged product disparagement by a defendant insurance company that characterized customized ... CONTINUE: http://bit.ly/3j4DTLm

In a Hague Convention ruling, a federal judge has determined that a 13-year-old who demonstrated sufficient maturity in ...
01/26/2023
‘Mature child’ test informs international custody dispute

In a Hague Convention ruling, a federal judge has determined that a 13-year-old who demonstrated sufficient maturity in objecting to a return to his mother’s custody in Germany may remain with his father in Rhode Island pending a family court’s resolution of the parents’ custodial dispute. https://rilawyersweekly.com/blog/2023/01/23/mature-child-test-informs-international-custody-dispute/

In a Hague Convention ruling, a federal judge has determined that a 13-year-old who demonstrated sufficient maturity in objecting to a return to his mother’s custody in Germany may remain with his father in Rhode Island pending a family court’s resolution of the parents’ custodial dispute. Kur...

Opinion of the Day ⚖️ Where a defendant was sentenced to 60 months after pleading guilty to possessing or transferring a...
01/25/2023

Opinion of the Day ⚖️ Where a defendant was sentenced to 60 months after pleading guilty to possessing or transferring a machine gun, dealing in fi****ms without a license, and possessing a firearm without a serial number, that sentence ... CONTINUE: http://bit.ly/3XUQSOr

ICYMI: The Providence City Council appointed John J. Lombardi as the new chief judge of the city’s municipal court, who ...
01/25/2023
Providence names municipal court judges

ICYMI: The Providence City Council appointed John J. Lombardi as the new chief judge of the city’s municipal court, who will serve alongside newly sworn in associate judges Vanessa E. Crum and Daniel P. McKiernan. https://rilawyersweekly.com/blog/2023/01/20/providence-names-municipal-court-judges/

The Providence City Council on Jan. 19 appointed John J. Lombardi as the new chief judge of the city’s municipal court, who will serve alongside newly sworn in associate judges Vanessa E. Crum and Daniel P. McKiernan. Lombardi has been a municipal court associate judge for nearly eight years and h...

Opinion of the Day ⚖️ Where (1) a plaintiff brought suit to enforce a non-competition covenant in the defendant’s employ...
01/24/2023

Opinion of the Day ⚖️ Where (1) a plaintiff brought suit to enforce a non-competition covenant in the defendant’s employment contract and (2) the defendant has asserted a counterclaim alleging fraud in ... CONTINUE: http://bit.ly/3Wu7bk9

President Joe Biden has nominated a former New Hampshire attorney general for a seat on the 1st U.S. Circuit Court of Ap...
01/24/2023
Former New Hampshire AG nominated for 1st Circuit

President Joe Biden has nominated a former New Hampshire attorney general for a seat on the 1st U.S. Circuit Court of Appeals bench. https://rilawyersweekly.com/blog/2023/01/19/former-new-hampshire-ag-nominated-for-1st-circuit/

President Joe Biden has nominated a former New Hampshire attorney general for a seat on the 1st U.S. Circuit Court of Appeals bench. Michael A. Delaney currently is a director and shareholder at McLane Middleton in Manchester, New Hampshire, where he has practiced since 2013. Delaney was New Hampshi...

Opinion of the Day ⚖️ Where a Family Court judge found that a wife in a divorce case was entitled to counsel fees, the j...
01/23/2023

Opinion of the Day ⚖️ Where a Family Court judge found that a wife in a divorce case was entitled to counsel fees, the judge had both a ... CONTINUE: http://bit.ly/3XRyhTo

Gov. Daniel J. McKee submitted a $13.75 billion state budget proposal to the General Assembly that seeks to invest in sc...
01/23/2023
Governor unveils $13.75B state budget plan

Gov. Daniel J. McKee submitted a $13.75 billion state budget proposal to the General Assembly that seeks to invest in schools, provide tax relief, and repair roads and bridges. https://rilawyersweekly.com/blog/2023/01/20/governor-unveils-13-75b-state-budget-plan/

Gov. Daniel J. McKee submitted a $13.75 billion state budget proposal to the General Assembly on Jan. 19 that seeks to invest in schools, provide tax relief, and repair roads and bridges. McKee said in budget documents that he wants to demonstrate a commitment to education at all levels so that Rhod...

Opinion of the Day ⚖️ Where an application for withholding of removal was denied, the applicant’s petition for review sh...
01/20/2023

Opinion of the Day ⚖️ Where an application for withholding of removal was denied, the applicant’s petition for review should be denied despite his argument that the immigration judge erred by ... CONTINUE: http://bit.ly/3Wkulti

The Rhode Island Bar Foundation is seeking applications for its scholarship programs. ⏰ The application deadline is Marc...
01/20/2023
Bar Foundation seeks scholarship applicants

The Rhode Island Bar Foundation is seeking applications for its scholarship programs. ⏰ The application deadline is March 24. Details ⤵️ https://rilawyersweekly.com/blog/2023/01/11/bar-foundations-seeks-scholarship-applicants/

The Rhode Island Bar Foundation is seeking applications for its scholarship programs. For its Thomas F. Black Jr. Memorial Scholarship program, the foundation intends to award two scholarships of $25,000 each to Rhode Island residents who enroll as first-year students in an American Bar Association-...

Opinion of the Day ⚖️ Where the Providence zoning board denied a petitioner’s third request for a dimensional variance a...
01/19/2023

Opinion of the Day ⚖️ Where the Providence zoning board denied a petitioner’s third request for a dimensional variance and a use variance to construct an electronic billboard, the board’s decision should be ... CONTINUE: http://bit.ly/3kruoq7

The Federal Trade Commission’s recent proposal to ban noncompete agreements has rocked the commercial world, leaving som...
01/19/2023

The Federal Trade Commission’s recent proposal to ban noncompete agreements has rocked the commercial world, leaving some business litigators questioning the wisdom of such a rule as well as its ultimate prospects of surviving review by the U.S. Supreme Court. http://bit.ly/3iKhiUm

Opinion of the Day ⚖️ Where a petitioner has moved for post-conviction relief, that application should be denied because...
01/18/2023

Opinion of the Day ⚖️ Where a petitioner has moved for post-conviction relief, that application should be denied because the petitioner has failed to prove ... CONTINUE: https://bit.ly/3WlxI2Y

READ NOW: The Most Important Opinions of 2022, a special section that contains summaries of “important opinions” that we...
01/18/2023
The Most Important Opinions: January – December 2022

READ NOW: The Most Important Opinions of 2022, a special section that contains summaries of “important opinions” that were published in Rhode Island Lawyers Weekly in 2022. https://rilawyersweekly.com/blog/2023/01/13/the-most-important-opinions-2022/

This special section contains summaries of “important opinions” that were published in Rhode Island Lawyers Weekly in 2022. The “Important Opinions of the Week” that appear on the front page of the newspaper are selected from the decisions issued and received the previous week. The summaries...

Opinion of the Day ⚖️ Where (1) the Department of Labor filed suit seeking overtime compensation under the Fair Labor St...
01/17/2023

Opinion of the Day ⚖️ Where (1) the Department of Labor filed suit seeking overtime compensation under the Fair Labor Standards Act for hours worked in excess of 40 hours per week for dispatchers and controllers employed by ... CONTINUE: http://bit.ly/3XypBBk

Get the latest issue of Rhode Island  – which includes The Most Important Opinions of 2022 – in print and online now! ht...
01/17/2023
Digital Edition – Rhode Island Lawyers Weekly

Get the latest issue of Rhode Island – which includes The Most Important Opinions of 2022 – in print and online now! https://rilawyersweekly.com/digital-edition/

Latest Issue Jan. 16, 2023 -- this week's issue HTML version (click here) A list of this week's stories can be found by clicking here. For questions or feedback, please contact the web editor. Issue Archives *Note: Mobile users may need to double click on the screen

Opinion of the Day ⚖️ Where a plaintiff has brought three related actions alleging violations of multiple federal and st...
01/13/2023

Opinion of the Day ⚖️ Where a plaintiff has brought three related actions alleging violations of multiple federal and state consumer protection statutes, the second and third complaints are ... CONTINUE: https://bit.ly/3GphEHL

The state Supreme Court has upheld a lower judge’s determination that plaintiffs’ common law claims relating to the alle...
01/13/2023
Toy developers’ suit vs. Hasbro tossed

The state Supreme Court has upheld a lower judge’s determination that plaintiffs’ common law claims relating to the alleged misappropriation of trade secrets by toymaker Hasbro are precluded by the Rhode Island Uniform Trade Secrets Act. https://rilawyersweekly.com/blog/2023/01/11/toy-developers-suit-vs-hasbro-tossed/

The state Supreme Court has upheld a lower judge’s determination that plaintiffs’ common law claims relating to the alleged misappropriation of trade secrets by toymaker Hasbro are precluded by the Rhode Island Uniform Trade Secrets Act. The plaintiffs in the lawsuit work to develop new toy idea...

Opinion of the Day ⚖️ Where a defendant moved to suppress the fruits of a warrantless search of his laptop and cellphone...
01/12/2023

Opinion of the Day ⚖️ Where a defendant moved to suppress the fruits of a warrantless search of his laptop and cellphone upon his re-entry to the United States after traveling to China, a judge’s decision to ... CONTINUE: https://bit.ly/3GAIEUO

Boston Marathon bomber Dzhokhar Tsarnaev’s attorney urged the 1st U.S. Circuit Court of Appeals to throw out the 29-year...
01/12/2023
1st Circuit hears new challenge to Tsarnaev death sentence

Boston Marathon bomber Dzhokhar Tsarnaev’s attorney urged the 1st U.S. Circuit Court of Appeals to throw out the 29-year-old’s death sentence because of juror misconduct claims, just months after it was revived by the U.S. Supreme Court. https://rilawyersweekly.com/blog/2023/01/11/1st-circuit-hears-new-challenge-to-tsarnaev-death-sentence/

Boston Marathon bomber Dzhokhar Tsarnaev’s attorney urged the 1st U.S. Circuit Court of Appeals on Jan. 10 to throw out the 29-year-old’s death sentence because of juror misconduct claims, just months after it was revived by the U.S. Supreme Court. Tsarnaev is making a renewed push to avoid exec...

Opinion of the Day ⚖️ Where a defendant has filed a pro se motion to reduce his sentence pursuant to Rule 35(a) of the S...
01/11/2023

Opinion of the Day ⚖️ Where a defendant has filed a pro se motion to reduce his sentence pursuant to Rule 35(a) of the Superior Court Rules of Criminal Procedure, that motion should be denied because ... CONTINUE: https://bit.ly/3GUnlPs

U.S. District Court Chief Judge John J. McConnell Jr. has named a slate of federal litigators to serve on the court’s ne...
01/11/2023
Federal court appoints members of advisory council

U.S. District Court Chief Judge John J. McConnell Jr. has named a slate of federal litigators to serve on the court’s newly formed advisory council. https://rilawyersweekly.com/blog/2023/01/09/federal-court-appoints-members-of-advisory-council/

U.S. District Court Chief Judge John J. McConnell Jr. has named a slate of federal litigators to serve on the court’s newly formed advisory council. The Court Advisory Council will take over the responsibilities previously held by the Local Rules, District Conference, Bench/Bar, Admissions and Att...

Opinion of the Day ⚖️ Where a jury found a defendant liable for three untrue statements of a material fact in violation ...
01/10/2023

Opinion of the Day ⚖️ Where a jury found a defendant liable for three untrue statements of a material fact in violation of Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, the verdict should be ... CONTINUE: https://bit.ly/3QIZMMV

The “Equality in Abortion Coverage Act,” legislation designed to ensure that individuals on Medicaid and state health in...
01/10/2023
Measure eyes Medicaid abortion coverage

The “Equality in Abortion Coverage Act,” legislation designed to ensure that individuals on Medicaid and state health insurance plans have coverage for abortion procedures, has been introduced in the Rhode Island House. https://rilawyersweekly.com/blog/2023/01/06/measure-eyes-medicaid-abortion-coverage/

The “Equality in Abortion Coverage Act,” legislation designed to ensure that individuals on Medicaid and state health insurance plans have coverage for abortion procedures, has been introduced in the Rhode Island House. “While I am grateful that Rhode Island has codified Roe v. Wade into state...

Opinion of the Day ⚖️ Where a plaintiff has brought three related actions alleging violations of multiple federal and st...
01/09/2023

Opinion of the Day ⚖️ Where a plaintiff has brought three related actions alleging violations of multiple federal and state consumer protection statutes, the second and third complaints are barred by ... CONTINUE: https://bit.ly/3GphEHL

ICYMI: The FTC proposed a rule that would ban U.S. employers from imposing noncompete clauses on workers, a sweeping mea...
01/09/2023
Proposed FTC rule would ban employee noncompetes

ICYMI: The FTC proposed a rule that would ban U.S. employers from imposing noncompete clauses on workers, a sweeping measure that could make it easier for people to switch jobs and deepen competition for labor across a wide range of industries. https://rilawyersweekly.com/blog/2023/01/06/proposed-ftc-rule-would-ban-employee-noncompetes/

The Federal Trade Commission proposed a rule on Jan. 5 that would ban U.S. employers from imposing noncompete clauses on workers, a sweeping measure that could make it easier for people to switch jobs and deepen competition for labor across a wide range of industries. The proposed rule would prevent...

Opinion of the Day ⚖️ Where a putative class action has been filed over the use of restrictive housing by the Rhode Isla...
01/06/2023

Opinion of the Day ⚖️ Where a putative class action has been filed over the use of restrictive housing by the Rhode Island Department of Corrections to sanction and manage prisoners who have been identified as ... CONTINUE: https://bit.ly/3XdGKAi

Opinion of the Day ⚖️ Where a claimant has been deemed disqualified from receiving unemployment insurance benefits, that...
01/05/2023

Opinion of the Day ⚖️ Where a claimant has been deemed disqualified from receiving unemployment insurance benefits, that determination should be upheld based on evidence that ... CONTINUE: https://bit.ly/3CpZm7Q

A male student expelled from a college in Massachusetts for allegedly engaging in nonconsensual s*x with a female studen...
01/05/2023
Suit of student expelled for nonconsensual s*x revived

A male student expelled from a college in Massachusetts for allegedly engaging in nonconsensual s*x with a female student could sue for breach of contract, the 1st U.S. Circuit Court of Appeals has ruled in reversing a dismissal. https://rilawyersweekly.com/blog/2022/12/29/suit-of-student-expelled-for-nonconsensual-s*x-revived/

A male student expelled from a college in Massachusetts for allegedly engaging in nonconsensual s*x with a female student could sue for breach of contract based on assurances in the school’s s*xual misconduct policy that any disciplinary investigation would follow certain guidelines aimed at ensur...

Opinion of the Day ⚖️ Where two relators who filed a qui tam complaint under the False Claims Act sought an award of cou...
01/04/2023

Opinion of the Day ⚖️ Where two relators who filed a qui tam complaint under the False Claims Act sought an award of counsel fees after the United States executed a settlement agreement with the defendant ... CONTINUE: https://bit.ly/3X7m7Wn

U.S. News & World Report will change how its rankings of law schools are calculated in response to a boycott by a number...
01/04/2023
U.S. News to change ranking system after law schools’ boycott

U.S. News & World Report will change how its rankings of law schools are calculated in response to a boycott by a number of top programs. https://rilawyersweekly.com/blog/2023/01/04/u-s-news-to-change-ranking-system-after-law-schools-boycott/

U.S. News & World Report will change how its rankings of law schools are calculated in response to a boycott by a number of top programs. The magazine’s changes in methodology, announced on Jan. 2 in a letter to law school deans, include an increased weight on outcomes for students such as bar exa...

Opinion of the Day ⚖️ Where two plaintiff borrowers filed a complaint alleging that there was no strict compliance with ...
01/03/2023

Opinion of the Day ⚖️ Where two plaintiff borrowers filed a complaint alleging that there was no strict compliance with the notice requirements in their mortgage contract prior to a foreclosure, a judgment dismissing their complaint should be ... CONTINUE: https://bit.ly/3Zk9Z6n

One of RILW's 2022 "Lawyers of the Year," Rhode Island House Speaker K. Joseph Shekarchi has championed legislation desi...
01/03/2023
Housing initiatives anchor speaker’s legislative agenda

One of RILW's 2022 "Lawyers of the Year," Rhode Island House Speaker K. Joseph Shekarchi has championed legislation designed to alleviate the state's housing crisis. https://rilawyersweekly.com/blog/2022/12/29/housing-initiatives-anchor-speakers-legislative-agenda/

With a two-year track record of passing legislation designed to alleviate the state’s housing crisis, House Speaker K. Joseph Shekarchi is once again planning to make the issue a priority as he embarks on a third year of leading the chamber.

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Rhode Island Lawyers Weekly, founded in 1980, reports decisions issued by all the state and federal courts in Rhode Island, as well as changes to court rules, verdict and settlement reports, disciplinary notices and all other news vital to attorneys in the state.

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We are up for the 2023 Rhode Island Lawyers Weekly Reader Rankings!

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According to Attorney General Peter F. Neronha, the wage theft and related charges stem from work performed during the construction and renovation of the RISE Prep Mayoral Academy in Woonsocket. Rhode Island Lawyers Weekly

Patch Management
“Home of the pothole killers”
451 Tyburn Rd
Fair less, PA19030

30 former employees of Patch Management worked in Rhode Island and was being paid $21 an hour to work there but, the company NEVER informed us the job was a prevailing wage job. So, the company was stealing the our money as we were not paid correctly. The department of labor (RI) took Patch Management to court on our behalf, and we were awarded $187,000 plus interest that Patch Management stole from us! That was six years ago, and we are still waiting for our money, the lawyers that they have from Rhode Island are using stalling tactics on anything to keep from paying.

The company is still in business and making money. We want to reach out to social media and help us bring attention to this matter and retrieve what is owed to us, because it appears this company may file for bankruptcy, and it would not be right as they were receiving the prevailing wage for the job! I also want to bring attention to the local municipalities/companies that use Patch Management, you are being ripped off.

They overcharge for the use of the truck; you are also being charged for the emulsion and stone that is left over when the job is finished. Also, I would like to point out that if that truck has problems of any kind while at the work site, you will still be charged for that truck. finishing these pot whose doesn’t make the make the roads smoother, more then all of them usually fall apart. The stone that is left in the road will crack your windshield sometimes also dent or chip your car. Also let’s not forget emulsion if driven over it will get on your vehicle! Mill & pave your roads you will save a ton of money in the long run. You will not have the headache of people complaining of damage to their vehicles. I would hope that companies that work with Patch Management will say, “If we won’t get paid then we won’t do business with you”.









June 20, 2022

Chief Judge,

Source of Income Discrimination ugly practice by 11:24PM
June 18, 2022

Chief Judge,

The Osiris Luna failed to submit the Rent Relief information to Tenant Mr. Jose Rodriguez, single parent prior to June 1, 2022. The program provides financial assistance to cover rent arrears, forward facing rent, utility arrears and certain other expenses.9:07PM
Congratulations to Robinson+Cole’s William M. Daley on being named an Up & Coming Lawyer by Rhode Island Lawyers Weekly as part of the publication’s 2022 Excellence in the Law Awards. The recognition is described as an honor saluting “the rising stars of the Rhode Island Bar” who “have been practicing and admitted to the RI Bar for 10 years or less yet, have already distinguished themselves in the practice of law.” Max is a member of the firm's Insurance + Reinsurance Group, advising domestic and foreign liability insurers on complex coverage issues and sophisticated insurance programs.
We would like to thank Rhode Island Lawyers Weekly for their generous sponsorship of our 2022 Annual Meeting! Visit their website to learn more about the only weekly newspaper for the legal profession in Rhode Island: rilawyersweekly.com
May 24, 2022

Chief Judge,

On the Court's own Motion please expunge B.C.I. Record I need every non violent Cases Expunged/Record Cleared , Please forward a copy for record keeping Well deserved.
I learned how to navigate the criminal/civil justice system.😂 3:24PM

Thank you

Very truly yours,

Mr. Jose Rodriguez
Congratulations to partner Sean Coffey, a seasoned environmental attorney, who has been named to Rhode Island Lawyers Weekly’s “Hall of Fame.” He will be recognized with a Lifetime Achievement Award on June 7 for his long-time leadership in law and public service.

Sean has been in private practice for almost 40 years, including 20 years at Burns & Levinson LLP, where he manages the Providence office and previously served for 14 years on the Executive Committee. He is well-known for his creative work bringing innovative environmental infrastructure projects and public/private partnerships to fruition throughout Rhode Island and across the country.

https://www.burnslev.com/news/burns-levinson-partner-sean-coffey-named-to-rhode-island-lawyers-weeklys-hall-of-fame
Chief Judge,

If I want power in this world , if I am fighting for a cause , if I am fighting for justice, I have to be strategic , I have to think like that , I have to think in terms of power , I'm not just going to forfeit my human rights at Rhode Island Government. I have the MeToo movement now , I'm strong and I have to be forceful , it's a power game , I can't stand people who are naive who think that just being themselves, just being virtuous, going to get what they want in life , if I'm going to fight I need to be able to meet the enemy on their terms of power
😂😂😁😁
12th Day of May 2022

Chief Judge,

The truth on the ultimate issue-at-bar in Court is what a Judge or Jury believes it is
Discrimination against.Mr. Jose Rodriguez single father 12:46AM
Chief Judge,

My mission statement

Administering and Enforcing the Nationals federal State laws and I like to see immediately policies that ensure Mr. Jose Rodriguez has equal access to housing
Chief Judge,

3th Day of May 2022

Dear Mr. Mercedes,

Your investigation has not been completed the investigation into this matter, and I am amending the charge with the assistance of (HUD and your office assistance that
a Preliminary Investigating Commissioner find that there is probable cause
to believe that I was subjected to discriminatory refusal to rent. My rationale
is as follows:
• The respondents are throwing housing discrimination underneath the rug.
A non - violent criminal history-based restrictions on housing opportunities violate the Act if, without justification, their burden falls more often on renters or other housing market participants of one race or national origin over another.

I also have been refer to an attorney to assist me (FHA) Act violations

Thank you

Very truly yours,,

Mr. Jose Rodriguez 11:50 PM
2th Day of May 2022

Chief Judge,

Affirmative action failed in human beings as a reparation in education. It lowered the standard in colleges and end result more dropped out. It was also discrimination towards Hispanics, Whites, and Asians who's bar of entrance was raised or negated and they qualified. So are we to repeat history for another act to write the wrongs of history that is of no service to a society that has progressed and will ultimately marginalized other ethnicities. 10:26AM
26th Day of April 2022

Chief Judge,

I should not be subjected to unlawful Housing discrimination by Cornell Management Corp. /Leasing Officers/Agents
Chief Judge,

Winning a sole custody in a case I worked so hard , peace of cake, The child has gravitated to the , I have absolutely have no issues judge. , No jealousy in my part 😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂 4:07PM 4 16 22 4:09PM
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