Category Archives: Uncategorized
Experts and Money
In a recent blog I discussed the wide latitude that is given to a cross-examiner on the issue of a witness’ bias. More specifically, the latitude is especially great on the bias of an expert witness and the witness’ compensation. Experts are paid for their time. By virtue of the Rules of Professional Conduct which […]
The Good Old Days?
The nostalgia pull is so strong that in almost every realm people look back and feel times were better. I can get nostalgic as much as anyone but a serious look at the way civil cases were practiced is not one which deserves great nostalgia. Many practitioners will say that attorneys were nicer to one […]
The Paper Trail – A Helpful Trail
When United States Supreme Court nominees testify before the Senate at their confirmation hearings the press is always talking about ‘the paper trail’. What did the nominee write either as an academic or jurist and what does that tell us about how he/she will rule? It has often been said that a candidate is better […]
It's Not the State of the Courts it's the State Courts
Where is the best forum to bring a personal injury action? Federal Court? State Court? In a diversity action- where the plaintiff and defendant are from different states- there is an opportunity to sue in the Federal Court. Bear in mind that there still must be jurisdiction over the defendant. I will discuss this jurisdictional […]
Don't Tinker with the Contingent Fee System
Unfortunately, no one in the blogosphere has addressed the Manhattan Institute’s December 2008 report promoting a loser pays rule. Loser pays, you will recall, forces the losing party of a lawsuit to pay the legal fees of the winner. The Manhattan Institute report advances the traditional argument that society needs to deter frivolous suits. The […]
Do Not Necessarily Fear a Damaging Statement. If in a Writing- it is still Hearsay
Sometimes in personal injury law things are not as they appear. This can cut in favor of the party suing or against the party suing. It depends upon the knowledge and aggressiveness of the lawyer. An example comes from statements contained in a police report. At first blush, it may seem very troubling that witness […]
The Signs of Head/Brain Injury…Father Knows Best (and Mother too)
Father Knows Best (and Mother too) In a previous blog, I addressed traumatic brain injury and objective tests which depict them. We have come to hear of CT scans, CTA’s and MRI’s and, most recently, PET and SPECT scans. A recent study undertaken by Boston University Medical School also offers objective evidence, that of a […]
With Head Injuries It’s Not About X-Rays
Robert I. Feinberg Those of us who deal with personal injury cases have become familiar with the diagnostic tools available to the medical profession. Two classics are the history the doctor obtains from the patient and the clinical exam. Obviously, however, every bit is important is the diagnostic testing in the formulation of a diagnosis. […]
Contributory Negligence, Comparative Negligence. What's in a name? A lot.
For decades, actually until the 1970s, when Massachusetts adopted the rule of Comparative Negligence, a slightly different doctrine was in effect: the rule of contributory negligence which was a complete bar to the plaintiff’s recovery. Thankfully that standard has changed. If a plaintiff is found negligent in an amount of 50% or less, he/she can […]
Joint and Several: Yes, the more the merrier
Many states have considered changing the rules of joint and several liability. Joint and several provides that either defendant is fully liable to the plaintiff for his/her total damages. In Massachusetts, we have a statute, which is Massachusetts General Laws c.231B, which provides that the at fault parties should pay in proportion to their per […]