Article On Court Jurisdiction In Rhode Island

Rebecca M. Murphy (Associate, Pannone Lopes Devereaux & West LLC) recently published an article entitled, Murder, fraud, and tortious interference: the interplay between probate court jurisdiction and superior court jurisdiction in Rhode Island, 20 Roger Williams U. L. Rev. 404-428 (2015). Provided below is an excerpt from the article:

Part I of this Article discusses the material differences between litigating claims in probate versus superior court, as well as the advantages of filing suit in the first instance in superior court. Part II provides background regarding probate court jurisdiction. Part III addresses the interplay between Rhode Island Probate and Superior Court jurisdiction, including (a) statutory causes of action relating to or affecting will contests, which indisputably can be brought in the first instance in superior court; (b) the superior court’s exercise of equity jurisdiction; and (c) the superior court’s exercise of supplemental jurisdiction. Last, Part IV applies our jurisdictional analysis to Mom’s potential claims.