Author Archives: Robert I. Feinberg
Are Head Injuries Receiving Proper Attention?
Boston Red Sox backup catcher, David Ross, has just been activated after being on the disabled list for two concussions, each suffered when he was struck by foul tips. It’s amazing to me that I have followed baseball for more than 50 years and this is the first time I recall any catcher being put […]
Of the Library and the Law
The cross-section between academics and the actual practice of law clashed somewhat humorously for me thirty years ago. I was telling two very experienced trial lawyers that one of my law school’s evidence professors was working on an article regarding Congress’ 1934 Rules Enabling Act. They laughed loudly. These trial lawyers must have felt that […]
Law Through a Lens
Cameras are not used in the federal system. See Federal Rule of Criminal Procedure 53, which states, “Except as otherwise provided by a statue or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.” There has, of course, […]
What is a Major Factor in a Personal Injury Settlement?
A recent Boston Globe article described a plaintiff in a significant lawsuit who was awarded $580,000 but netted virtually nothing after the deduction of fees, medical expenses and medical liens. Years ago, I blogged about a “lien” being not necessarily “lean”. There is no question but that liens can lead to very unfortunate results. Liens, […]
Who’s to Say He or She is Sorry?
I have encountered several clients who apologize for suing. They make a special attempt to distinguish themselves from others who they see as greedy or “gaming” the system. Why is this so? Why has a stigma been attached to the idea that we should be able to vindicate our rights? On some level, these clients […]
Research: A Long Way from the Old Days
The legal field is one of continual growth. It does not remain stagnant in its ways, but instead adapts and evolves with the world and what it has to offer. One of many respects through which this evolution is evident is technology, which has become an integral asset to proper legal practice. Before the digital […]
It may be after the fact but…
A common theme in representing victims of accidents, especially those injuries that occur on premises, is that the landowner or other entity in control of the property may change the conditions that gave rise to the accident after it occurred. Certainly, then, it is imperative for the lawyer to video or photograph the scene as […]
The No Nonsense Approach
The course of a trial is often very different from what is shown on television. The very best trials proceed in a smooth way with a minimum of theatrics. The tempo should really be one of consistent questioning and answering, and very little in the way of objecting. To be sure, objections may be necessary […]
Will Anti-Concussion Technology Prove a Hit?
ESPN has just pulled out of a Frontline PBS documentary on the NFL and head injuries. The documentary is to be titled “League of Denial”. By now, it comes as no surprise that the NFL has a serious problem. The game is as popular as ever but something will need to be done to address […]
Impaneling
During the jury empanelment stage of both civil and criminal trials, there are inevitably some prospective jurors who raise their hands when asked whether service would impose an extreme and unusual hardship. Generally, those jurors are excused. Other prospective juror may feel that there is a reason that they cannot be impartial and, in that […]