Free Initial
Consultation
Share

Civil Litigation

Thursday, February 18, 2021

Testamentary Capacity


Testamentary Capacity

by Samuel S. Reidy, Esq.

February 18, 2021

Unfortunately, it has become an all-too-common story.  A loved one is stricken with dementia and during the period he or she does not have possession of all of their facilities, an estate planning change is suddenly made.  Sometimes this new (and often unexpected) estate planning means the changing of beneficiaries in a Will, or a new Health Care Proxy or Durable Power of Attorney being named, or the transfer of real estate.
Read more . . .


Thursday, January 14, 2021

Deponents Can Force Virtual Depositions During COVID-19 Pandemic


One of the most important parts of the discovery process in any claim or civil litigation are the depositions.  In a personal injury claim, the injured party is almost always deposed and the defendant is often deposed as well (unless liability is not disputed).  In an employment law claim, depositions can take place not only of the people directly involved in the claim, but often all of the employees of the company.  Any litigator will tell you the importance of depositions to a legal claim.  They can make or break a lawsuit, sometimes only with one wrong answer.
Read more . . .


Wednesday, December 23, 2020

Can Employers Require Employees to Get the COVID-19 Vaccine?


Almost since the COVID-19 pandemic began, the question of whether or not a vaccination would be mandatory has been a regular part of public discourse.  On December 11, 2020, the Commonwealth of Massachusetts started distributing the Pfizer-BioNTech COVID-19 Vaccine and has pushed the conversation to the forefront.  Many people have expressed hesitation or outright disapproval of taking any vaccination for COVID-19.  However, it is likely that an employer will be able to require his or her employees to receive the vaccination as a condition of continued employment.

The precedent in the Commonwealth of Massachusetts was established in 1905.
Read more . . .


Thursday, November 26, 2020

Uninsured and Underinsurance Coverage in Automobile Accidents


In Massachusetts, it is essential that individuals obtain sufficient insurance coverage in the event that they are injured in an accident caused by an uninsured or underinsured driver.  Specifically, under a standard auto insurance policy, Uninsured (UM) and Underinsurance (UIM) coverage provide the named insured as well as household members, operators, and passengers of an insured motor vehicle benefits in the event they are involved in an automobile accident with a driver that causes the accident but has no bodily injury insurance coverage or not enough insurance to cover your damages.  

In Massachusetts, it is mandatory for an insured to have limits of at least twenty thousand dollars ($20,000.00) per person and forty thousand dollars ($40,000.00) per accident for uninsured coverage.
Read more . . .


Friday, October 23, 2020

COVID-19 Trends in Personal Injury and Employment Law


As hard it is to believe we are over seven months into the COVID-19 pandemic and the legal community is beginning to see some trends with regards to COVID-19 related litigation.  There are two trends in particular that should be noted: the increase in serious automobile accidents and the increase in lawsuits against individual owners and managers of corporations, as opposed to just the corporations themselves.

It has been pretty well established that traffic has decreased significantly since the first wave of shutdowns in March 2020, so it may surprise some that there has been an increase in serious automobile accidents since that time.  In fact, the number of motor vehicle fatalities per miles driven increased by fourteen percent in comparing March 2019 to March 2020 according to a National Safety Council report.  Since March 2020 there have been many serious accidents on the roadways despite a general decrease in the number of drivers.
Read more . . .


Thursday, July 23, 2020

HITECH Medical Records: Post Ciox


Article by Courtney Garrity

                Obtaining one’s medical records has always had a bit of a challenge attached. Whether it means a game of phone tag with a physician’s office, trouble navigating patient portals, or watching the mailbox like a hawk, getting a complete set when necessary can take some work. Under the Health Information Technology and Clinical Health (HITECH) Act, 42 U.S.C.
Read more . . .


Thursday, April 30, 2020

Employee Rights During COVID-19


March 1, 2020, the day that the Coronavirus was declared a global pandemic, seems so far away as we head into the month of May.  Like a bad dream or childhood cartoon, the days have begun to morph into a singular, collective day for many as the uncertainty, fear and rapid changes continue. As the state with the third highest number of cases in the United States, Massachusetts has closed public and private schools for the rest of the year, postponing jury trials until at least July 1st, 2020, issued stay at home orders, social distancing guidelines, and a plethora of other measure sin an effort to keep citizens safe.

For many, the stay at home orders are a question in and of themselves. With some industries being deemed essential and childcare centers closed, there has been repeated questions as to what that means for employees.


Read more . . .


Thursday, March 26, 2020

Force Majeure Provisions & COVID-19


On March 11, 2020, the World Health Organization declared the novel coronavirus (more commonly known as COVID-19) to be a pandemic.  For many Americans, this was their first experience with a disease that had a power to disrupt life on such a global scale.  Many of us had watched movies such as Contagion or Outbreak, and thought those we were scary, but unlikely, stories.  In the world of commercial and contract law, there is a term of art that is often thrown about but not very often utilized: force majeure.

A force majeure event involves an occurrence which is outside the reasonable control of a party and which prevents a party from performing his, her, or its obligations under an otherwise valid contract.
Read more . . .


Friday, February 28, 2020

Massachusetts General Law c. 90 §13b


In some ways, we are all guilty of sneaking a glance at the screen of our phones while behind the wheel, whether stuck in traffic or stopped at a red light. A quick scroll through the email, a lightning fast response to the repetitive chime of incoming text messages. Now, as of February 23, 2020, to do so in the Commonwealth of Massachusetts is illegal. Under new Massachusetts General Law chapter 90 section 13b, any use of a mobile device while stationary and or in an operational capacity while on a public roadway, unless the phone is being used as a navigational device and affixed firmly to the vehicle, is banned. This includes use at red lights and stop signs, or even pulled over to the shoulder, for even the briefest of moments, which means no more responding to emails or Snapchat streaks.
Read more . . .


Thursday, January 23, 2020

Massachusetts Home Improvement Contractor Law


Contractors hired to work on a residential home in the Commonwealth of Massachusetts must provide written contracts with required information provided if the amount of the work will exceed one thousand dollars.  In fact, so-called "handshake deals", verbal agreements, or simple invoice contracts more likely than not will violate Massachusetts General Laws Chapter 142A.

In 1992, the Massachusetts legislature passed the Home Improvement Contractor Law which became Massachusetts General Laws chapter 142A.  This law lays the foundation for agreements between contractors and homeowners when the value of the work being performed will exceed one thousand dollars.

A firm understanding of this law (as well as the requirements of a contract) will help protect both the homeowner and the contractor.
Read more . . .


Monday, December 30, 2019

The Court Denies Corporation's Request to Enforce Non-Competition Agreement


          Recent changes in Massachusetts' laws regarding non-competition agreements have started leading to interesting court rulings in Superior Court.  In the matter of Genzyme Corporation and Bioverativ, Inc. v. Keith Hanglin and BioMarin Pharmaceutical, Inc., the Court has recently ruled that Genzyme cannot block a former employee from joining BioMarin Pharmaceutical Inc, where he would help launch a gene therapy treatment for hemophilia that would compete with a drug his ex-employer markets.
Read more . . .


Archived Posts

2021
2020
2019
2018
2017

← Newer12 Older →



© 2021 Law Offices of Samuel S. Reidy | Disclaimer
1010 Grand Army Highway, Swansea Professional Park, Swansea, MA 02777
| Phone: 508-296-4417

Overview of Services | Personal Injury | Estate Planning & Probate | Health Law | Employment Law | Litigation Matters | | Attorney Profile

Facebook

Law Firm Website Design by
Amicus Creative