Robert I. Feinberg Law Blog

A Wolf in Sheep's Clothing

Friday, October 29, 2010 by Robert I. Feinberg

When I recently changed my auto insurance, I received a packet from the new insurer.  Front and center was their advice not to admit responsibility for an accident.  Well, their lawyers advised them correctly because any statement-  whether inculpatory, exculpatory, or indeed any remark-  is admissible at a trial if made by a party opponent. ... Read More
Posted at 18:04 PM  |  PERMALINK
Topic: Personal Injury

No Contingent Fee for Experts

Thursday, October 21, 2010 by Robert I. Feinberg

It is a well-established practice that a lawyer cannot employ an expert witness on a contingency fee. It is common for personal injury lawyers to use a contingency fee agreement, whereby they are only paid if the plaintiff receives a settlement or award, but this practice is strictly forbidden for experts.... Read More
Posted at 18:44 PM  |  PERMALINK
Topic: Personal Injury

If the Shoe Fits

Friday, October 15, 2010 by Robert I. Feinberg

Ask a law student what case stands for the proposition that a defendant needs minimum contacts with the forum state to be sued in that state, and the answer (hopefully) will be International Shoe Co. v. State of Washington, 326 U.S. 310 (1945).... Read More
Posted at 18:13 PM  |  PERMALINK
Topic: Personal Injury

When Tortious Leads to Tortuous

Monday, October 11, 2010 by Robert I. Feinberg

Robert I. Feinberg of Boston personal injury law firm, Feinberg & Alban, P.C., explains the relationship between the two terms, "tortious" and "tortuous".... Read More
Posted at 11:25 AM  |  PERMALINK
Topic: Civil Litigation

When Here Comes the Sun, Be Prepared

Friday, October 1, 2010 by Robert I. Feinberg

I have blogged about defendants in automobile accident cases who will attribute a collision to weather conditions that they claim made the accident unavoidable. Of course, my rejoinder is that a driver acting reasonably must take into account the prevailing weather or road conditions.... Read More
Posted at 18:50 PM  |  PERMALINK
Topic: Personal Injury

Ethics and Tactics

Friday, September 24, 2010 by Robert I. Feinberg

Advocating for clients requires honesty. Not surprisingly, the rules of professional conduct speak to this. If the lawyer has “put words in the client’s mouth”, one can only imagine the effect on a case when that is exposed in a deposition or at trial.... Read More
Posted at 17:56 PM  |  PERMALINK
Topic: Litigation

Registrar of Motor Vehicles is Agent

Friday, September 17, 2010 by Robert I. Feinberg

Attorney Robert Feinberg discusses the Massachusetts case of Hess v. Pawloski, 274 U.S. 352 (1927), involving the matter of personal jurisdiction and an out-of-state driver who caused an in-state injury.... Read More
Posted at 17:20 PM  |  PERMALINK
Topic: Personal Injury

When the Postman Rings Twice

Monday, September 13, 2010 by Robert I. Feinberg

Having considered the kind of behavior that creates personal jurisdiction in Massachusetts, how does one go about serving such a person/entity with the complaint? ... Read More
Posted at 10:58 AM  |  PERMALINK
Topic: Personal Injury

The Horse's Tort

Tuesday, September 7, 2010 by Robert I. Feinberg

Robert Feinberg discusses a past injury lawsuit: A local racetrack has been advertising quite a bit on the Boston stations. When I hear their ad I am reminded of a case I had against them more than 20 years ago when a horse kicked a client and fractured the client’s patella.... Read More
Posted at 17:50 PM  |  PERMALINK
Topic: Personal Injury

In Personal Injury The Fed Looks to the State

Friday, September 3, 2010 by Robert I. Feinberg

Attorney Robert Feinberg asks and answers the question: if you are able to bring an action in federal court for personal injury – because of diversity of citizenship between the parties – and you have jurisdiction over the defendant, would the federal court apply the same principles of tort law that the state in which it sits applies? ... Read More
Posted at 14:09 PM  |  PERMALINK
Topic: Personal Injury
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