Negligent Acts and Omissions in Massachusetts Personal Injury Cases
Personal injury cases in Massachusetts typically involve claims of negligence. Essentially, plaintiff is accusing defendant of acting in a negligent manner or failing to act (claim of omission), when they are required by law to do so. An example of a negligent act would be drunk driving. Every driver owes a duty to others on the roads and sidewalks to operate their motor vehicle in a reasonably safe manner so as to prevent foreseeable (predictable) injury to other persons and property. When someone drinks to the point of intoxication and then gets behind the wheel of car, they are not acting in a responsible manner, since everyone knows or should know drunk driving is dangerous. If this negligent conduct results in an accident in which a victim …
The future of prosthetics?
I remember watching the Six Million Dollar Man for the first time and I thought to myself ‘that’s the future. That’s what we have to look forward to.’ Fast forward 30 years and it is not unreasonable to think we are almost there. Right now human bones and joints are being replaced with artificial mechanical components that can perform almost as well as our own limbs. We have got a long way to go before we are anywhere near the sophistication of Steve Austin, but it is safe to say that science is making leaps and bounds towards making the reality of robotic prostheses closer than you may think. When you think of a tooth implant what do you imagine? The same principles used in teeth …
World Steel Association Recognizes Second Steel Safety Day
The initiative encourages companies to participate in safety audits.
Duggan’s ‘D-Insurance’ plan is bad deal for Detroiters
The mayor’s plan fails to achieve stated goals and is terrible for Detroit residents. Here are the details. I really do like Mayor Mike Duggan. I think he’s doing a pretty good job so far. And the idea of trying to make auto insurance less expensive for Detroiters is an important one. As I’ve written before, the consequences of driving without auto insurance in Michigan are catastrophic – and with estimates of over 50{9c067c25ed205f086ce6001901eb13dfadc688a7aefab9f64e0c55b8c5a55872} of drivers in Detroit driving without insurance, this hits Detroiters especially hard. The problem is, Duggan is proposing to do this all wrong with his “D-Insurance” plan, a low-cost auto insurance proposal for Motor City drivers. How bad is D-Insurance for Detroit? Well, answer these questions: What …
The Tyranny of One Man’s Opinion
Thomas Cromwell was the principal behind-the-scenes fixer for much of the reign of King Henry VIII. He engineered the interrogations, convictions and executions of many whom Henry needed out of the way, including his two predecessors as fixer and even the king’s second wife, Queen Anne. When Cromwell’s son, Gregory, who became sickened as he watched his father devolving from counselor to monster, learned that an executioner for the queen had been sent for from France a week before her conviction, he asked his father what the purpose of her trial was if the king had preordained the queen’s guilt and prepaid the executioner. Cromwell replied that the king needed a jury to give legitimacy to her conviction and prevent the public …
Are We Becoming More Social?
It goes without saying that there’s been much attention given to the use of social media in litigation. As litigators, we regularly monitor Facebook, LinkedIn, Instagram and other social media networks to surveille those who have sued our clients…By: Cozen O’Connor
Bridgewater Daycare Manager on Leave for Not Reporting Alleged Abuse
According to a recent news article from the Boston Globe, a daycare center manager in Bridgewater, Massachusetts has been suspended after officials learned she allegedly failed to report suspected acts of abuse by a student-employer at the center. Authorities recently arrested the student employer for sexually assaulting two young children under his care. Authorities say teachers at the center were troubled by defendant’s behavior for weeks. One teacher said she saw defendant sitting with a young boy on his lap and was rubbing the boy’s back while reading a story. It is alleged when he told administrator of this and other similar troublesome acts. The administrator in turn told teachers to keep a close watch on defendant and keep him away from the children while they …
To QOCS or not to QOCS?
I imagine that all of us in the world of PI litigation have been patiently waiting for the raft of satellite litigation to hit the already clogged up courts following the Jackson changes, but has that really happened as yet? Currently not to the extent that some predicted, perhaps due to the courts being so busy, but no doubt we will see more in the coming months and years as more cases with QOCS protection come before Judges. One issue that has been considered recently however, is will QOCS apply where there are two CFA’s in place: one signed and dated after 1st April 2013; and one signed and dated before 1st April 2013. So what is the answer? Well, this came before Master Howarth (Senior Costs Judge) to…
Psychological Illness and Social Security Disability Insurance Benefits
While most people think of physical disabilities in the context of Social Security Disability benefits, a sizable number are incapacitated as a result of psychological illness. According to a recent news report from Medical News, the Institute of Medicine is calling for use of standardized psychological testing protocols for claimants applying for Social Security Disability Insurance benefits. It has been suggested these standardized methods will improve accuracy of claim determinations relating to mental health issues. However, those who favor this approach tend to believe it would save the United States Social Security Administration money, because it would reduce the number of people receiving Social Security disability benefits for reasons of mental illness. This, of course, assumes there are many people who claim to have severe mental health …
Consumer Products: The CPSC Files Suit Seeking Civil Penalties Against Michaels Stores for Failures of Reporting and Material Misrepresentation
Last week, the U.S. Department of Justice, on behalf of the United States Consumer Product Safety Commission (CPSC), filed suit against Michaels Stores, Inc. (“Michaels”) in the Northern District of Texas. United States of America v. Michaels Stores,…By: Morrison & Foerster LLP
‘America’s At-Risk Workers’ Event Set for May 6
Preceding the symposium will be an announcement of the findings of a NIOSH study, undertaken with ASSE, that provides a more comprehensive understanding of the factors that affect vulnerable Spanish-speaking workers.
Two Out of Three Ain’t Bad: Kansas District Court Certifies Settlement Class and Grants Preliminary Approval but Rejects Notice by Publication
A boy fell through the vinyl guardrail his father installed on the second story deck of their home. After settling his son’s personal injury claims, the father sued Home Depot and the guardrail manufacturer on behalf of himself and other Kansas…By: Carlton Fields Jorden Burt