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The Law Offices of Samuel S. Reidy Blog

Wednesday, September 27, 2017

Are Social Media Profiles Discoverable in Personal Injury Litigation?


As our technology expands, so do the legal liabilities and consequences that accompany it.  Fifteen years ago the only real prevalent "social media" was AOL Instant Messenger better known as AIM.  Today, there are dozens of social media platforms including Facebook, WhatsApp, QQ, WeChat, QZone, Tumblr, Instagram, LinkedIn, Twitter, Google+, Baidu Tieba, Skype, Viber, Sina Weibo, Line, Snapchat,Vkontakte, Pinterest, Telegram, Reddit, Taringa, Foursquare, Renren, Tagged, Badoo, MySpace, StumbleUpon, The Dots, Kiwibox, Skyrock, Delicious, Snapfish, Reverbnation, Flixster, Care2, Cafemom, ravelry, NextDoor, Wayn, CellUFun, Vine, Classmates, MyHeritage, Viadeo, Xing, Xanga, LiveJournal, Friendster, and YouTube - just to name a few.

While there are many great aspects to the ability to connect to so many people both known and unknown in the world, as with all technology, there are important legal ramifications to consider.  Specifically, one question that is becoming more and more prevalent is who has the right to access a person's social media profiles.


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Tuesday, September 12, 2017

How the 'Textalyzer' Can Impact a Personal Injury Claim


We all know what a breathalyzer is.  We all know what it means if a person fails a breathalyzer.  We all know the consequences if someone fails a breathalyzer following an autmobile accident.    What not everyone knows is that a similar device may be on its way that could have a strong impact on a person's personal injury claim.  That device is being referred to as the 'textalyzer.
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Tuesday, August 22, 2017

Fatal Automobile Accidents in Massachusetts and Rhode Island are on the Rise


There has been a troubling trend in Massachusetts and Rhode Island over the past couple of years- deaths from motor vehicle accidents have been steadily increasing.  In fact this trend can be seen nationwide. 

So what is causing this unfortunate rise in accidental (and usually preventable) deaths?  Experts believe an increase in distracted drivers is what is fueling the increase.  And if you think it is just young, inexperienced new drivers and their cell phones, you are wrong.  According to the National Highway Safety Traffic Administration, over fifty-eight percent of accidents related to distracted driving are caused by drivers ages 20 to 39.
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Tuesday, July 25, 2017

Massachusetts Supreme Judicial Court makes important ruling on medicaid benefits and irrevocable trusts


One of the biggest questions clients face when considering utilizing Trusts for their various assets is whether to use a Revocable or Irrevocable Trust.  It is a complicated question with no easy answer that will apply to every single client.  Some clients will prefer the added protection of the Irrevocable Trust while others like the flexibility that is allowed by a Revocable Trust.

In recent months, the Massachusetts Supreme Judicial Court made a ruling on two important cases involving MassHealth (the state agency which administers benefits in Massachusetts) and Irrevocable Trusts. 

For many years, MassHealth would fight against the long-held notion that a home that was held in an Irrevocable Trust could not be held as a countable asset.
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Wednesday, June 28, 2017

Recent Settlement in U.S. District Court Case Highlights Dangers of Age Discrimination


"Growing older is a precious commodity.  Only a few can endure to achieve that distinguished distinction and quality." - Debasish Mridha

There are several types of discrimination that are prohibited by the laws enforced by the U.S. Equal Employment Opportunity Commission, including discrimination due to disability, national original, pregnancy, race, religion, and sex.


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Friday, May 26, 2017

A Defective Will Can Cost You and Your Family Time, Energy, and Money

We've all seen the advertisements or received the e-mails saying that estate planning is easy and can be done hassle free online.  In fact, I recently received an e-mail from Groupon offering a significantly discounted will package including a last will and testament, healthcare proxy, and durable power of attorney at a significantly reduced cost.  While the cost reduction sounds great, the laws in Massachusetts and Rhode Island do not care if you did your estate planning yourself or if you hired the best lawyer in the country to do so.  At the end of the day, your estate planning has to conform to your state's unique and non-waivable rules of law. 


Read more . . .


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