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Is Participation worth Permission?
As the school year begins, field trips and after school activities, including sports, are prevalent. Cities and towns will require, in most instances, the signing of a permission slip, which releases a school department from liability for negligence. Gross negligence cannot be waived or released but it is a much harder doctrine to meet should […]
Donations to the One Fund Near $45 Million
In the days following the bomb blasts at the 2013 Boston Marathon, The One Fund was created to provide some financial assistance to those who were injured. Donors wanting to contribute were given a June 15 deadline. In the two months following the terrible events of April 15, nearly $46 million was raised. Along with […]
Don’t Fall Down On the Case
It is always useful to check out the perspective of the other side in any injury litigation dispute. Fortunately for me, I started my legal practice at an insurance defense firm. The insight gained there has proven invaluable. That was helped in understanding litigation and the defense’s perspective. But information can come from independent agencies […]
Voice-Activated Technology Poses Greater Driving Hazard
Although there is currently no federal law prohibiting drivers from using cell phones and other hand-held devices while driving, many states have distracted driving laws. For instance, in Massachusetts, it is illegal for any driver to send text messages, and drivers under the age of 18 are not allowed to use cell phones. As public […]
Chrysler Refuses to Recall Defective Jeeps
Car manufacturers must meet federal safety standards at every stage of production. Even after a motor vehicle model is on the road, there are agencies monitoring performance and responding to accident reports and complaints. When there is convincing evidence of a widespread problem, one of these agencies may request a recall. Needless to say, a […]
Confessions of a Long-time Legal Blogger
I am always a bit amused when I come across articles that ponder the question “Should law firms blog?” I began this legal blog in 2008 when the notion of incorporating social media into the enterprise of running a law firm was more theory than practice. Sure, clients were doing Internet research to locate the […]
Understaffing Leads to Nursing Home Abuse
Several provisions of the Affordable Care Act that have not received much public attention aim to reform nursing home staff reporting procedures and train staff in dementia and prevention of abuse, including the unwarranted use of antipsychotics to sedate residents. Lack of training and insufficient patient-staff ratios both contribute to the widespread elder abuse in […]
Brevity is the Soul of Wit
Daniel Patrick Moynihan is a name that may be familiar to most. He was a United States Cabinet official, the United States Ambassador to the United Nations, and a United States Senator from New York. He was also an author of many articles on urban neighborhoods. When I was in college in the 1970s, Moynihan […]
Dangers of Vacuum Extraction in Delivery
Even when all the signs are positive for the health of an expectant mother and her unborn child, it is not possible to control every aspect of the birth process. In some cases, unexpected developments may require an emergency Cesarean. More rarely, the obstetric team may decide on an operative vaginal delivery using forceps or […]
The Churchillian View
Winston Churchill once famously said, “Democracy is the worst form of government, except for all the others.” Perhaps the worst form of ascertaining the truth is the American civil court system, except for all the others. I guess, all in all, it is pretty darn good. It may have its faults as Churchill thought about […]