By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment
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April 2012
Don't think you can make a federal case of it.
A number of lawyers have mentioned to me over the years that federal court is an option where the defendant cannot be sued in Massachusetts. Frankly, this is a misperception of civil procedure law. The federal court can exercise no greater in personam jurisdiction than the state court. There are constitutional considerations, specifically the due Read More
Read MoreMick Jagger: Paint it black; Personal Injury Lawyers: Paint it Yellow
In a personal injury claim brought as a result of a fall on property, such as in a parking lot, the courts will consider whether the defendant had failed to delineate the blocks [the plaintiff having fallen over an automobile bumper block] from the surface of the lot by use of contrasting color or other Read More
Read MoreImplications of a settlement with one of two (or more) defendants.
In the chess match that can take place in the course of litigating personal injury cases, one topic has especially fascinated me. It involves the situation where you sue two defendants but settle prior to the trial with one of them. The Supreme Judicial Court has clarified an ambiguity which carried into the 1990s. That Read More
Read MoreAdvancing costs in a contingency case.
The ethical rules permit an attorney who is hired on a contingent fee basis to advance costs in the pursuit of the case. Such costs would not include bills for medical treatment, but do include the costs of litigation, such as expert witness fees (including medical evaluations), court filing fees, depositions, investigations, etc. Our firm Read More
Read MoreTexting on the Roads, the Modern Form of Intoxication.
Both bodies of the Massachusetts legislature recently passed bills banning texting while driving a motor vehicle. Governor Patrick has not expressly supported either bill but has voiced support for a ban on driving while texting. The movement to ban texting while operating a motor vehicle has been gathering strength over the past couple of years Read More
Read MoreA Cruise to Nowhere:
The Massachusetts Bar Association publishes a book, “Traps for the Unwary.” That is a great title. There are many traps which can ensnare those who are unwary and even those who feel they are wary. One of the absolute trickiest involves cruise ships. Some people may be going on cruises at this time. They should Read More
Read MoreContinuing Education is Key:
To the surprise of many, Massachusetts does not have a continuing legal education requirement. Most states do. Whether a requirement or not, a consumer has every right to expect his/her personal injury lawyer to be well-versed in the developing law and in the latest legal trends. Can you imagine having your tooth extracted by an Read More
Read MoreIn the Beginning…:
Psychologists and consultants examine all kinds of human behavior and the courtroom is no exception. In psychology, I recall learning the concept of primacy and recency. Essentially that means what people hear first and last are of greatest significance. As a result, I was not completely surprised when I learned more than 20 years ago Read More
Read MoreA Plea for a Second Opinion [If Desired]:
In medicine we are often told of the importance of getting a second opinion. Obviously, the same can be true in law. However, I like to take it a step further by saying that if you are dissatisfied with your existing attorney, there is nothing keeping you in that relationship. As someone who has been Read More
Read MoreInjury With No Contact:
A surprising number of times the issue arises as to whether there can be a claim for personal injuries where there has been no contact between automobiles or, theoretically, between an automobile and a pedestrian. This issue arises especially in the case of motorcycle accidents where my clients, the motorcycle operators, in an attempt to Read More
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Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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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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5.0/5.0
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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5.0/5.0
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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5.0/5.0
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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5.0/5.0
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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