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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 […]

The Blame Game in Pedestrian Deaths

Presently, pedestrians account for 12 percent of all traffic-related deaths. The National Highway Traffic Safety Administration issued a report that identified the following information about these fatalities: 72 percent occurred in urban areas 68 percent occurred at night One-third had a blood alcohol level greater than .08 America Walks, an organization working to promote safer […]

Cross-Examination

Having just read the accounts of the Whitey Bulger trial, I am reminded of one judge’s adage, “cross-examine and cross-examine vigorously.” Certainly the prosecution’s witness, James Martorano, deserves this as will the defendant himself, assuming, as expected, he takes the witness stand. What is the concept behind cross-examination? Basically, in the fresh air of the […]

After Your Child Has a Concussion

The human skull is designed to protect the brain from external injury. However, a fall or blow to the head can cause the soft tissue of the brain to move violently or strike against the hard shell of the skull, which can result in a concussion. This type of traumatic brain injury (TBI) can also […]

Marsha Alban obtains award of $245,000 on Slip & Fall case

At an arbitration hearing, Attorney Marsha Alban successfully received an award of $245,000 for her client, a mail carrier. The postal worker had cut across the lawn of one property and was intending to deliver the mail to the abutting premises when she fell over two wooden “railroad” ties that lay on top of each […]

Firm Helped by New Law in $295,000 Recovery for Snow and Ice Injury

The July 2010 decision of the Supreme Judicial Court in Papadopoulos v. Target Corporation 457 Mass. 368 was used by Robert Feinberg in obtaining a $295,000.00 settlement at a mediation in January of 2011. Two years prior, the 45 year old plaintiff had walked over hard-packed ice in going to his car which was parked […]

Be Mindful of Your Client's Personal Story

As published in the Winter 2007 edition of the American Association for Justice Newsletter Most of us are fortunate to have received an excellent legal education. However, it is the rare law school that prepares its students to assess the merits of a case in the context of civil litigation. Case evaluation is foreign to […]

A Report, Though Inadmissible, Just May Be Useful

Whether it be a government report or a business record, opinions contained in those documents are not admissible in the courts of the Commonwealth. Certain facts which are contained in public records are admissible but evaluative reports, opinions, and conclusions are not. This is a general statement of the law in Massachusetts where records of […]