By Robert I. Feinberg | Published November 7, 2014 | Posted in Personal Injury | Tagged Tags: civil litigation | Leave a comment
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How Can a Criminal Case Affect the Outcome of a Civil Case in Massachusetts?
We first discuss an example involving a vehicular homicide resulting in an impending criminal case, which at the same time leads to a civil suit. Thus, there are parallel criminal and civil actions. Attorney Sinnott explains that the criminal case can work in favor of the plaintiff’s attorney in the civil case. First, he cites the doctrines of res judicata/collateral estoppel. This can be very beneficial for the civil case because if the criminal case has resolved with a finding of guilt, that should have conclusive effect on the civil matter.
What are the Numbers of Civil Cases Filed in Massachusetts?
At the end of Fiscal Year 2002, there was 37,700 total civil cases pending in the Superior Court of Massachusetts. In 2012, there were 26,631 pending. This difference of 11,069 cases represents roughly a 29.4% decline in the number of cases pending at the Superior Court in that 10-year period. There are possibly several explanations Read More
Read MoreCan I Change Lawyers in a Personal Injury Case?
The Rules of Professional Responsibility require that a contingent fee agreement “be in writing and signed in duplicate by both the lawyer and the client…” S.J.C. Rule 3:07, Rule 1.5(c). The rule sets out the cases in which a contingent fee is permissible—there must be a res, Latin for a thing or object, and in Read More
Read MoreWhat is Involved in Impaneling a Jury?
During the jury empanelment stage of both civil and criminal trials, there are inevitably some prospective jurors who raise their hands when asked whether service would impose an extreme and unusual hardship. Generally, those jurors are excused. Other prospective juror may feel that there is a reason that they cannot be impartial and, in that Read More
Read MoreThe Open Air of the Courtroom
It has often been said that two things you don’t want to see are “how a sausage is made” and “how laws are made”. In contrast, the philosophy behind civil cases is that there should be full disclosure of information by and to both sides. Rules have been in place for decades now that are Read More
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