By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment
At an arbitration hearing, Attorney Marsha Alban successfully received an award of $245,000 for her client, a mail carrier. The postal worker had cut across the lawn of one property and was intending to deliver the mail to the abutting premises when she fell over two wooden “railroad” ties that lay on top of each Read More
Read MoreThe July 2010 decision of the Supreme Judicial Court in Papadopoulos v. Target Corporation 457 Mass. 368 was used by Robert Feinberg in obtaining a $295,000.00 settlement at a mediation in January of 2011. Two years prior, the 45 year old plaintiff had walked over hard-packed ice in going to his car which was parked Read More
Read MoreAs published in the Winter 2007 edition of the American Association for Justice Newsletter Most of us are fortunate to have received an excellent legal education. However, it is the rare law school that prepares its students to assess the merits of a case in the context of civil litigation. Case evaluation is foreign to Read More
Read MoreWhether it be a government report or a business record, opinions contained in those documents are not admissible in the courts of the Commonwealth. Certain facts which are contained in public records are admissible but evaluative reports, opinions, and conclusions are not. This is a general statement of the law in Massachusetts where records of Read More
Read MoreWhen people speak with scorn regarding personal injury law, they often complain that it is just a situation where the lawyer and client are seeking deep pockets. Well, insurance companies, have deep pockets but are obviously not in the business of readily dipping into them. Nevertheless, it is true that it is preferable to seek Read More
Read MoreOne of the biggest, wealthiest, and most powerful institutions in the United States is the National Football League. A billion dollar corporate entity does not move or adjust to realities quickly, especially if those realities present embarrassing dilemmas. The issue of concussions and their effects is such a dilemma for the NFL. In light of Read More
Read MoreSenate hearings on Supreme Court nominee Elena Kagan focused on the issue of whether a judge should be an activist or respect precedent. Those two are generally seen as mutually exclusive, but depending upon what comes before the court, the very same people who want precedent respected may feel otherwise. The converse may also be Read More
Read MoreWhen I recently changed my auto insurance, I received a packet from the new insurer. Front and center was their advice not to admit responsibility for an accident. Well, their lawyers advised them correctly because any statement – whether inculpatory, exculpatory, or indeed any remark – is admissible at a trial if made by a Read More
Read MoreIt is a well-established practice that a lawyer cannot employ an expert witness on a contingency fee. It is common for personal injury lawyers to use a contingency fee agreement, whereby they are only paid if the plaintiff receives a settlement or award, but this practice is strictly forbidden for experts. Rule 3.4 of the Read More
Read MoreAsk a law student what case stands for the proposition that a defendant needs minimum contacts with the forum state to be sued in that state, and the answer (hopefully) will be International Shoe Co. v. State of Washington, 326 U.S. 310 (1945). Thousands of lawyers, actually hundreds of thousands of lawyers, have been trained Read More
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