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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.
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5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
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Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
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My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
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I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
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Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
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