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History buffs will remember a famous expression that grew out of a disastrous Liberty Digest magazine poll in 1936. That poll predicted a landslide for Republican Alf Landon over Democrat Franklin Roosevelt. I say disastrous not to express support for one or the other candidate but to describe how far off the mark the poll was. When Landon carried only two states, the expression became, “As Maine goes so goes Vermont.”
In a recent case I was hired to represent a passenger in a motor vehicle accident where the driver and passenger both came from Massachusetts but the injury occurred in a western state. This presents interesting choice of law questions. The auto insurance rules are governed by Massachusetts because it was a Massachusetts policy on the vehicle. The rules of the road, however, would be those of the state in which the accident occurred. Moreover, since the accident is brought in Massachusetts, where the parties reside, the Massachusetts court will have to use the laws of the state of the accident.
Practically speaking, the rules of the road do not vary much between the states. However, the fact that jurisdiction can be brought in Massachusetts is a big plus to the parties. That is not always the case as jurisdiction has to be where the defendant has sufficient minimum contacts. If the driver were from out-of-state and the accident occurred out-of-state, the action could not be brought in Massachusetts despite the plaintiff’s living here. In this instance, we do not have that problem and the action was filed in Massachusetts. But, as for the rules of the road, as Massachusetts goes, so goes Oregon.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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