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Blog Posts in 2017

What types of invasion of privacy claims are available in Massachusetts?

An invasion of privacy tort is a tort claim that a plaintiff can bring against a defendant in the Commonwealth. Specifically, the courts have defined an invasion of privacy as “the wrongful ...
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What is Defamation, and How Does It Work?

Defamation is the “act of communicating false statements about a person that injures the reputation of that person” and may be accomplished through either slander or libel. ...
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Massachusetts Statutes of Limitations in Personal Injury Cases

In Massachusetts, the Court has a specific timeframe by which a plaintiff can bring a case to recover damages. This timeframe is referred to as the statute of limitations. The statute of limitations ...
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What documents will my attorney need from me in preparing my personal injury suit?

When an individual suffers a personal injury, this if often an incredibly life changing, traumatic experience for a client. A personal injury attorney will need certain information from the client in ...
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Defamation and Its Defenses

Your good name and general reputation are worth a lot, right? Say, for example, that Simon is a local store owner. A former customer, David, is envious of Simon’s financial success and concocts ...
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I've Been Served with a Deposition Subpoeana. Now What?

A subpoena, from the Latin meaning “under penalty,” is a writ issued under court authority commanding an individual to appear at a designated time and place to offer testimony about a ...
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What must be proven in a misrepresentation action in Massachusetts?

Suppose that a businesswoman named Kim owned a makeup store. Because Kim’s order of cruelty-free makeup would not be delivered for another month, Kim’s customers began to gravitate toward ...
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What is the Massachusetts lead paint law and how does it work?

As one of the oldest states in the United States, Massachusetts contains many older homes. Some of these homes were or are wrought with various hazards, among them lead paint. Hundreds of young ...
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What Types of Damages are Available in Personal Injury Actions?

A plaintiff may bring a personal injury lawsuit after suffering an injury caused by another person or organization. If the plaintiff is successful, he or she is entitled to receive compensation from ...
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When Might Damages be Capped?

Massachusetts, like many jurisdictions, caps the amount of damages that a plaintiff in a personal injury matter may receive. There are various types of damages that a plaintiff may be awarded in a ...
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When is an employee acting within the scope of his or her duties for purposes of a negligence claim?

In Massachusetts, the law requires that for a plaintiff to prove a case in negligence, the plaintiff must prove that: (1) the defendant owed a duty to the plaintiff; (2) the defendant breached that ...
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Recent Case Law Regarding the Massachusetts Tort Claims Act

Does the Massachusetts Tort Claims Act offer immunity from a lawsuit against a state police K-9 officer in a case where a police dog bites an innocent bystander during a police chase? This was the ...
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Steps for Filing a Motor Vehicle Accident Claim

Suffering personal injury, whether from a fall or a motor vehicle accident, is physically and emotionally traumatic. A personal injury attorney pursuing damages for the client’s pain and ...
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What must be proven, generally, in a negligence case?

Negligence is a significant subject in personal injury law, and the negligent operation of a motor vehicle is common within the personal injury context. Generally, negligence occurs when a party or ...
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What is the effect of failure to wear a seat belt on a personal injury claim in Massachusetts?

In Massachusetts, all drivers and passengers who are 13 years old and older must wear seat belts. Notwithstanding this rule are a few exceptions which include drivers and passengers of vehicles made ...
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Liability for Teen Drivers in Motor Vehicle Accidents

Motor vehicle accidents are the principal cause of death among persons aged 15 to 20, according to National Center for Health statistics. Indeed, Insurance Institute for Highway Safety numbers show ...
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Damages for Emotional Distress

Massachusetts law allows recovery for emotional distress damages. Prerequisites for awarding these damages depend on whether the mental harm was negligently or intentionally inflicted, which this ...
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Parents' Liability for the Negligence of a Minor Child

Several states allow for a parent to be liable for the acts of his or her child or children. Massachusetts is one of these states. Massachusetts permits recovery via a “willful act” ...
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Duties Owed to Your Guests and Business Visitors in Your Home

When you invite someone to your home, what are the legal duties that you owe to him or her? Are all guests on your property, including trespassers, treated equally regarding the duties that are owed ...
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The Massachusetts Tort Claims Act

If you have been injured due to the negligence or otherwise wrongful act of a public employee of Massachusetts, the Massachusetts Tort Claims Act (“MTCA”) will likely govern how, when and ...
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Closing Statements in Massachusetts Personal Injury Cases

Let's set the stage: You have endured the insurance claims process which, in Massachusetts, typically lasts up to three years, mirroring the tort statute of limitations. That process alone likely ...
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Motions in Limine in Massachusetts Personal Injury Cases

At the outset of any personal injury matter, it is essential to consider the potential evidence and its likelihood of admissibility. This entails considering any known evidence which has been ...
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