Blog Posts
Vicarious Liability – Responsibility Flows Up
Vicarious liability is a legal theory holding one party responsible for the negligence of another. An employee drives a company vehicle, causing an accident. Vicarious liability holds the company responsible. Generally, vicarious liability attaches when a “master and servant” relationship exists. If so, the master faces responsibility for the servant’s […]
Unfair and Deceptive Insurance Practices
Unfair and deceptive insurance practices are prohibited by law. That doesn’t mean it doesn’t happen. Consider the case of Odin Anderson, crossing the street in Boston on a clear, sunny afternoon, when he was hit by a 13 ton shuttle bus making a left turn. The bus driver told his […]
Electronically Stored Information in Lawsuits
People involved in civil lawsuits must comply with rules of discovery requiring that they produce documents requested by the other side. In another article we describe basic court discovery rules. But what if there are no paper documents? What if the information at issue is stored electronically, some on one […]
Is My Privacy And Security Protected If I’m In A Lawsuit?
Privacy and security concerns raise increasing concern to those forced to release personal information during lawsuits in an era of increasing identity theft. People who bring law suits or who are drawn into lawsuits must identify themselves and relevant background. But how far do they have to go? Federal Rule […]
Fools In The Law 2014
April Fool’s Day means my local newspaper column, usually answering legal questions or focusing on various laws, turns instead to what I call “Fools in the Law”. Here are some choice legal moments over the last year. Bedford, NH. A 25 year old man hailed a cab to take him home from a Manchester nightclub. […]
Why Do Attorneys Say Don’t Talk About Your Case?
“Don’t talk about your case.” Nearly all attorneys advise clients not to discuss ongoing legal matters. But why? In a criminal case the reason is obvious. Any statement made by a person of interest can easily be turned around by prosecutors and used against him or her. But in […]
Trusts and Bankruptcy: Does A Trust Protect Property in Bankruptcy?
Sometimes people put money in a trust, thinking it’s like a lockbox. Out of reach of liabilities including creditors in a bankruptcy filing. Is that true? Trust as a Lockbox? The ‘lockbox’ idea is somewhat common. But there are many different types of trusts. The individual terms of each define […]
That Never Happened Before – Defense to an Accident Case?
Something happens. There’s an accident. Someone runs out and says “that never happened before.” Even after the injuries are treated and the accident is reported to higher-ups in management or an insurance company, this phrase is often repeated as if to say, we did nothing wrong, it’s your own fault. […]
Photo and Video Evidence: Always Allowed in Court?
Photographs and video present some of the most effective evidence possible in court. In the dark ages of photography it took a small investment to buy or rent video equipment. But now, almost everyone has a basic camera at their fingertips through a cell phone. So, it’s hard to imagine […]
Can Private Facebook And Other Social Media Posts Be Ordered Open If I’m In A Personal Injury Claim or Lawsuit?
You have a personal injury case. You’re claiming the injuries prevent you from enjoying many of your pre accident activities. The insurance company asks you about those pictures of you running on the beach on vacation. The picture of you dancing at a party. Insurance companies monitor Facebook, MySpace […]
