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Articles Posted in PRACTICE OF LAW

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Boston Attorney Investigates Potential Actions on Behalf of Madoff Victims

Boston Accident Lawyer, the attorney, is investigating potential claims on behalf of individuals who were victims of the Bernard Madoff Ponzi scheme. Those who had direct investments in Bernard L. Madoff Securities, LLC are limited to the remedies offered in the bankruptcy proceeding now pending in New York. Claims for…

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No Recovery for Personal Injuries where Court Sees Defamation but No Malice

(This Boston Accident and Injury Lawyer Blogpost is the Last in a Three Part Analysis of a Recent U.S. Appeals Court Ruling involving defamation, public officials and the news media Click here to view Part One and Click Here to view Part Two) PART THREE : THE COURT RULES ON THE DEFAMATORY…

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“Negligent” vs. “Malicious” Reporting: When is the Line Crossed? Boston Injury Lawyer Discusses Issue

(This BlogPost written by Boston Personal Injury Attorney, the attorney, is the Second in a Three Part Analysis of a Recent U.S. Appeals Court Ruling involving defamation, public officials and the news media Click here to view Part One) PART TWO – FOX & FRIENDS READS AND REACTS On April 24, a line…

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Boston Accident Attorney Discusses Case involving Alleged Defamation by “Fox & Friends” Hosts

(This Blogpost is the First in a Three Part Series by Boston Injury Lawyer, the attorney, who analyzes an interesting recent U.S. First Circuit Court of Appeals Ruling involving defamation, public officials and the news media. Click Here to view Part Two) PART ONE – THE SCHOOL HATE CRIME INCIDENT MAKES LOCAL NEWS  …

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Personal Injury Insurer for Construction Accident Victim Cannot Recover Attorney’s Fees for Winning Declaratory Judgment Action

This Blogpost by Boston Personal Injury and Accident Laywer, the attorney, anaylzes a battle between insurers over costs of construction accident. Following a construction site accident where an insurer of a subcontractor refused to defend the general contractor, who then successfully filed a declaratory action to force the subcontractor’s insurer to…

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No Insurance for Accidental Personal Injury Under Massachusetts Statute Protecting Non-Profit Soccer Club

(This is the second post of a blog, from Boston Personal Injury Lawyer, the attorney, which considers protections afforded under a Massachusetts statute intended to protect non-profit entities from liability from accidental personal injury) PART TWO – GL C. 231, S. 85V CONSIDERED General Laws c. 231, § 85V limits the liability of…

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Personal Injury Caused to Boston Area Youth Soccer Player Not Covered by Insurance says Massachusetts Supreme Judicial Court

This is the first of a two part Blogpost,which looks at a Boston area personal injury case where the insurer avoided payment for an accident involving a youth soccer player injured by a goal post. PART ONE- THE UNDERLYING FACTS In this recent appellate decision, a participant in a Sudbury youth soccer…

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Employee’s Right to Benefits for Work Related Injury not Defeated by Pre-existing Condition if Employer Fails to Show that Earlier Injury was Predominant Cause of Disability says Massachusetts Appeals Court

A worker was entitled to medical and disability payments under the Massachusetts worker’s compensation statute for a work related injury even though there was evidence in his own medical record that he had a pre-existing back condition. The Massachusetts Appeals Court determined that the insurer for the employer had failed…

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Company’s Internal Analysis of Potential IRS challenges is Protected Work Product says First Circuit Court of Appeals

  Internal documents prepared by a corporation, which analyze the potential success of IRS challenges to its tax returns, is protected work product and not discoverable by the IRS as part of a subsequent investigative subpoena, according to the U.S. First Circuit Court of Appeals. In this case, Textron, Inc.…

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Service of Medical Malpractice Complaint Too Late after Unexplained Delay of Over One Year Says Massachusetts Appeals Court

The Massachusetts Appeals Court has reversed a Superior Court ruling reinstating a medical professional malpractice complaint, which had been dismissed for lack of service, but reinstated over one year later on a Motion to Vacate Judgment under Mass. Rules of Civil Procedure Rule 60(b). The original complaint had been filed…