Cases
Representative Matters: Trial Court Matters: After four years of litigation, including an appeal to the First Circuit
a successful petition for writ of advisory m
amus from the First Circuit, Nicole
her colleagues recently completed a three-week bench trial in which they defended against a constitutional challenge brought by the American Trucking Associations to the State of Rhode Isl
's implementation of truck tolls on the interstate. The parties await the court's decision.
On the eve of trial, Nicole
other members of AP & S's litigation team recently resolved a federal court case where they defended the world's largest toy manufacturer against trade secrets claims brought under state
federal law.
In the wake of the United States Supreme Court's decision in Murphy v. NCAA, 138 S. Ct. 1461 (U.S. 2018), Nicole
her colleagues advised the Rhode Isl
Lottery as it became the first New Engl
state to implement sports wagering
one of first in the country to implement online sports wagering. Nicole
her colleagues successfully defended the Rhode Isl
Lottery in subsequent Superior Court litigation challenging the constitutionality of both forms of wagering
they are now defending that judgment on appeal.
For six years Nicole, along with the antitrust litigation team of a 'Global Elite'-ranked international law firm, represented a leading specialty pharmaceutical company in a multi-district litigation antitrust case from its commencement through jury empanelment
its eventual resolution on the eve of trial.
Nicole
her colleagues successfully defended a United States defense contractor in litigation brought by a Saudi Arabian company that claimed a right to commissions on the sale of military weapons to the Kingdom of Saudi Arabia
obtained affirmance of that judgment on appeal. Arabian Support & Servs. Co. v. Textron Sys. Corp., 368 F. Supp. 3d 211 (D. Mass. 2019), aff'd 943 F.3d 42 (1st Cir. 2019).
Nicole
her colleagues at AP&S have teamed up with a litigation group at one of the largest global law firms to defend a multinational oil
gas company in the first climate change lawsuit brought by a state alleging that fossil fuel manufacturers have created a public nuisance.
Nicole represents an American manufacturer of aircraft engines in multi-jurisdictional products liability
wrongful death actions.
Nicole successfully briefed
argued a motion for summary judgment, resulting in a declaration that, under Rhode Isl
law, zoning certificates are not legally binding
, therefore, are not appealable. The decision was identified by Rhode Isl
Lawyers Weekly as one of the most important decisions in 2016. Little Compton Resorts, Inc. v. Zoning Bd. for Little Compton, NC-2016-0262, 2016 R.I. Super. LEXIS 133 (R.I. Super. Ct. Nov. 22, 2016).
Since 2010, Nicole
her colleagues have represented the Governor, the General Treasurer
the Employees' Retirement System of the State of Rhode Isl
in multiple cases
a class action challenging the constitutionality of pension changes made by the Rhode Isl
legislature in 2009, 2010
2011. Nicole successfully briefed
argued a motion for summary judgment on a claim brought by a group of retirees. In re Pension Cases, KC-14-0345, 2015 R.I. Super. LEXIS 10 (R.I. Super. Ct. Mar. 26, 2015). Six of ten cases resulted in a settlement, which retained approximately 92 percent of the pension savings the state obtained through the challenged legislation. The settlement was approved after a three-day fairness hearing
in 2018, the Rhode Isl
Supreme Court affirmed the Superior Court's approval of the settlement. Clifford v. Raimondo, 184 A.3d 673 (R.I. 2018). Three other cases were dismissed
one remains pending before the Superior Court.
Appellate Matters: In a case concerning an attorney's ethical duty of loyalty, Nicole succeeded in obtaining reversal of a district judge's grant of summary judgment on the basis that the district court had improperly conflated the fact of damage with damages when ruling on a claim for breach of fiduciary duty.
Avco Corp. v. Turner, No. 21-2750, 2022 U.S. App. LEXIS 20256 (3rd Cir. 2022).
Nicole successfully represented Rhode Isl
's Governor
Speaker of the House of Representatives on a petition for writ of advisory m
amus to the United Court of Appeals for the First Circuit, obtaining reversal of the district court's ruling on the application of the legislative privilege to subpoened documents
testimony in a dormant Commerce Clause challenge to the state's implementation of tractor trailer truck tolling. Am. Trucking Ass'ns v. Alviti, 14 F.4th 76 (1st Cir. 2021).
On behalf of the Governor, the General Treasurer
the Employees' Retirement System of the State of Rhode Isl
, Nicole successfully briefed
argued in the United States Court of Appeals for the First Circuit, obtaining affirmance of the district court's dismissal of constitutional challenges brought by a municipality's public safety employees to significant pension reform legislation enacted by the Rhode Isl
General Assembly in 2011. Cranston Firefighters, IAFF Local 1363 v. Raimondo, 880 F.3d 44 (1st Cir. 2018).
Nicole successfully briefed
argued an issue of first impression in the Rhode Isl
Supreme Court, resulting in the recognition of a statutory right for trustees to recover their attorneys' fees when a trust beneficiary refuses, without any basis, to release the trustee of his or her fiduciary duties. In re Bagdis Living Trust Agreement, 136 A.3d 1122 (R.I. 2016).
On behalf of the Rhode Isl
Bar Association as amicus curiae, Nicole briefed
argued issues of first impression related to the unauthorized practice of law before the Rhode Isl
Supreme Court, resulting in a decision that drafting deeds
examination of title for marketability constitutes the practice of law.
In $60 million litigation, Nicole
her colleagues defended charitable corporations that had been sued, in three separate lawsuits, for alleged undue influence
fraud in connection with charitable donations that had been made to the charitable corporations via will, trusts
lifetime gifts. Obtained summary judgment on behalf of AP & S' clients in the trial court in all three cases
successfully defended those judgments on appeal before the Rhode Isl
Supreme Court.
Other Matters: Nicole regularly advises a regional sports association that serves as the governing body for youth
adult clubs on its legal obligations
players' rights.
Case Studies: AP&S Defends State of Rhode Isl
in High-Stakes Pension Litigation
AP&S Successfully Defends Charitable Organizations in $60 Million Litigation
