Author Archives: Robert I. Feinberg
Prejudice, Confusion and Waste of Time
Rule 403 of the Federal Rules of Evidence and the Massachusetts Guide to Evidence empowers judges to exclude evidence, which may pass the relevancy test (a rule of evidence explored in one of our previous blogs), but nevertheless unfairly biases jurors towards one side or the other, confuses them, or simply wastes the court’s time […]
Who is an Expert?
The distinction between expert witnesses and lay witnesses, as defined by the Federal Rules of Evidence, is likely far more complicated than most people realize. Despite their typical presentation on television, experts are not always doctors, scientists, or professors. As Rule 702 states, an expert can testify based on the expert’s own scientific, technical or […]
Beneficiaries
Many people are unaware that in a wrongful death action in Massachusetts, which is brought under Massachusetts General Laws, c. 229 s. 2, the proceeds are meant to be distributed to the statutory beneficiaries and pass outside of the estate. It must be noted that M.G.L. c. 229, sec. 2 references the classes of statutory […]
Distinctions with a difference: present sense impressions vs. excited utterances
Though they seem similar, there are clear and definitive differences between Rule 803(1) Present Sense Impressions and Rule 803(2) Excited Utterances. If applied correctly, each rule provides an exception to the the rule against hearsay. The former is used in court in the trial of a personal injury case far more than the latter. The […]
Admissions by Party Opponents vs. Declarations Against Interests
In my last blog, I wrote of the rule pertaining to admissions of party opponents, 801(d)(2) of the Federal Rules of Evidence and the Massachusetts Guide to Evidence. Let’s contrast that to Rule 804(b)(3)’s declarations against interests exception. The most fundamental difference between these two exceptions is that in the first exception the declarant must […]
As a well-known politician said, ‘Trust but verify’
Loyalty to a client is an essential element of the attorney-client relationship. This relationship binds them through ‘thick and thin’ and against all other persons with conflicting interests. Supreme Judicial Court Rule 3:07 and the Model Rules of Professional Responsibility Rule 1.7 state that an attorney cannot continue to represent two or more clients at […]
Celebrities and Their Personal Injury Cases
No one is immune to personal injuries caused by negligence. Every year it seems a celebrity is involved in some sort of personal injury case, and when they are, the spotlight is on them from the start. Here are some celebrities who have been in the news for personal injury matters recently: The singer Brett […]
Celebrity Encounters with Medical Malpractice
Even celebrities have problems with medical malpractice from time to time. Below is a list of some of the most famous medical malpractice cases involving celebrities and their families. The singer Julie Andrews, star of Mary Poppins, entered the hospital to have surgery on her throat. After surgeons bungled the job she was unable to […]
Impanelment
I have been struck by how eager jurors are to serve. Jurors are engaged. They make eye contact with the attorneys during opening statements. When a witness is on the stand, they look at the witness and listen to his or her words. I have also noticed that jurors seem especially intrigued by visual aids. […]
Separating Fact from Fiction in Massachusetts Personal Injury Law
Whether you have been in a car crash, suffered an accident at work, had a slip and fall accident, or were the victim of medical malpractice, you are probably wondering whether you should file a personal injury claim in Massachusetts. There is a lot of information available on the web, but sometimes separating fact from […]