All Topics

• Failure to Communicate can be Deadly

  Ken Margolin | July 12, 2007 9:00 AM | 0 CommentsBoston, MA

  Imagine a plane crash in which the co-pilot knew of another plane on a collision course, but decided not to tell the pilot, figuring he'd get the information on his own. Imagine a firefighter knowing a roof is about to collapse, but failing to warn his colleagues because he thought his colleagues were highly skilled and the signs of impending collapse were obvious. Unthinkable? Of course. Yet,...

• This article has been moved.

  Jenny Albano | July 11, 2007 10:07 PM | 0 CommentsBoston, MA

• Victims of Medical Malpractice Face a Hard Fight

  Ken Margolin | July 11, 2007 11:45 AM | 0 CommentsBoston, MA

  This week's Massachusetts Lawyers Weekly newspaper reported a defendant's verdict in a sad case. The plaintiff had suffered a massive stroke leaving him paralyzed on half of his body and with other terrible deficits. The allegation was that the stroke was caused due to mismanagement of lung surgery following pneumonia. The case was tried by an attorney considered to be a very fine plaintiff's...

• More Insurance Company Fraud

  Ken Margolin | July 06, 2007 11:05 AM | 0 CommentsBoston, MA

  Several days ago, I posted a blog on bad faith denial of claims by insurance companies. I don't usually write blogs on the same topic within several days of each other, but I must comment on the superb reporting on insurance company bad faith, in this month's issue of Trial magazine. Trial is the journal of the American Association for Justice, the plaintiffs' trial lawyers association. The...

• The Serious Car Accident Case

  Ken Margolin | July 05, 2007 12:45 PM | 0 CommentsBoston, MA

  For many years, small car accident cases resulting in modest injury, were the bread and butter of a portion of the Massachusetts plaintiffs' personal injury bar. Some firms had hundreds of these cases, which were prepared in cookie cutter fashion, and settled with adjustors with little or no discovery done, or even before suit was filed. Reputable lawyers handling the small car accident case,...

• Bad Faith Denial of Insurance Claims

  Ken Margolin | June 26, 2007 6:15 PM | 0 CommentsBoston, MA

  There is only one reason to buy insurance - to have the peace of mind of knowing that the financial needs of you or your family will be covered in the event of death, catastrophic injury, or long-term disability or illness. When an insurance company denies payment of a valid claim in bad faith, it is practicing the corporate greed version of "what's mine is mine, and what's yours is mine." You...

• Back to Business

  Ken Margolin | June 25, 2007 2:45 PM | 0 CommentsBoston, MA

  District of Columbia Superior Court Judge Judith Bartnoff, ruled in favor of the defendant dry cleaning shop owners in the $67 million dollar pants case (media now describe it as the $54 million dollar pants lawsuit, but why quibble). Life gets back to normal for the American civil justice system, but some damage has been done. Opponents of access to justice by ordinary people, and trial lawyer...

• The Video Settlement Brochure

  Ken Margolin | June 22, 2007 12:20 PM | 0 CommentsBoston, MA

  In a previous blog, I wrote about day-in-the-life videos. These are videos that film a severely injured plaintiff and capture vignettes of a typical day, in a 20 - 30 minute movie. If done properly, they can be shown to a jury at trial. Another tool that any lawyer representing a client with catastrophic injuries may consider, is a video settlement brochure. In the video settlement brochure, the...

• Caution - Made in China

  Ken Margolin | June 21, 2007 5:55 PM | 0 CommentsBoston, MA

  China's much-reported industrial rise will have many impacts in this country, many positive, but some troublesome. By now, most of us are aware of the tainted pet food ingredients, originating in China, and responsible for the deaths of a number of pets in this country. Recently, a warning was given to avoid toothpastes made in China. Now, toys made in China are under the gun. The New York Times...

• Sexual Abuse of Disabled Persons a Continuing Shame

  Ken Margolin | June 14, 2007 2:00 PM | 0 CommentsBoston, MA

  Once again, a case of sexual abuse of disabled persons by a caretaker, is in the news. Wayne Albert Bleyle, pleaded guilty in San Diego, of molesting brain damaged children at Rady's Children's Hospital, where he had worked as a respiratory therapist. Bleyle had been charged in early 2006, and has been in jail since, on $5 million bail. The prosecutor, Laura Gunn, described the case as 'one of...