Recent Blog Posts

A Duty of Reasonable Care on the Property

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

If you think of major cases in tort law, which includes personal injury law, the Supreme Judicial Court of Massachusetts in the 1970s provided a wealth of evolving law. Their decisions were as epic in this field as the decisions of the United States Supreme Court in the 1960s when that court issued a whole Read More

Triangulation: Plaintiff, Defendant, Insurance Company

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

Lawyers, including defense lawyers in civil cases, have a duty of loyalty to a client. That loyalty is described by the Supreme Judicial Court in its commentary to the Ethical Rules as “an essential element.” Given that the liability insurer pays the defense lawyer and indeed hires him/her, a reasonable question arises as to whether Read More

Yogi and the Law

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

The great philosopher Yogi Berra once said about his profession, “Baseball is 90% mental, and the other half is physical.” As you will note, this adds up to more than 100%. A well known teacher of evidence who has served as a judge for three decades once told me that between facts and law, facts Read More

Don't think you can make a federal case of it.

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

A number of lawyers have mentioned to me over the years that federal court is an option where the defendant cannot be sued in Massachusetts. Frankly, this is a misperception of civil procedure law. The federal court can exercise no greater in personam jurisdiction than the state court. There are constitutional considerations, specifically the due Read More

Mick Jagger: Paint it black; Personal Injury Lawyers: Paint it Yellow

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

In a personal injury claim brought as a result of a fall on property, such as in a parking lot, the courts will consider whether the defendant had failed to delineate the blocks [the plaintiff having fallen over an automobile bumper block] from the surface of the lot by use of contrasting color or other Read More

Implications of a settlement with one of two (or more) defendants.

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

In the chess match that can take place in the course of litigating personal injury cases, one topic has especially fascinated me. It involves the situation where you sue two defendants but settle prior to the trial with one of them. The Supreme Judicial Court has clarified an ambiguity which carried into the 1990s. That Read More

Advancing costs in a contingency case.

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

The ethical rules permit an attorney who is hired on a contingent fee basis to advance costs in the pursuit of the case. Such costs would not include bills for medical treatment, but do include the costs of litigation, such as expert witness fees (including medical evaluations), court filing fees, depositions, investigations, etc. Our firm Read More

Texting on the Roads, the Modern Form of Intoxication.

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

Both bodies of the Massachusetts legislature recently passed bills banning texting while driving a motor vehicle. Governor Patrick has not expressly supported either bill but has voiced support for a ban on driving while texting. The movement to ban texting while operating a motor vehicle has been gathering strength over the past couple of years Read More

A Cruise to Nowhere:

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

The Massachusetts Bar Association publishes a book, “Traps for the Unwary.” That is a great title. There are many traps which can ensnare those who are unwary and even those who feel they are wary. One of the absolute trickiest involves cruise ships. Some people may be going on cruises at this time. They should Read More

Continuing Education is Key:

By Robert I. Feinberg | Published April 13, 2012 | Posted in Uncategorized | Leave a comment

To the surprise of many, Massachusetts does not have a continuing legal education requirement. Most states do. Whether a requirement or not, a consumer has every right to expect his/her personal injury lawyer to be well-versed in the developing law and in the latest legal trends. Can you imagine having your tooth extracted by an Read More

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