Cape Cod Injury Lawyer Blog

When a case is tried to a jury, it is the responsibility of the trial court judge to instruct the jury on the law. This includes both general instructions, such as the burden of proof being on the plaintiff in a civil case, as well as specific instructions that arise from the facts of the…

Many discussions between a person who has been criminally accused and his or her defense attorney begin with the assertion, “I was in the wrong place at the wrong time.” Perhaps never was this statement more true than in a recent case handed down by the United States Supreme Court. In the case of Caetano…

While it may be tempting to take a “wait and see” approach and hope for a settlement with a negligent party’s insurance company, it is unwise to wait until the last minute to contact an attorney if you believe you have grounds to seek legal redress for a civil wrong. When filing a lawsuit, time…

Product liability cases can arise in a wide array of situations, including on-the-job accidents. Recently, the Massachusetts Appeals Court was called upon to decide a case in which an allegedly defective product caused the death of a man who was inspecting a roof. Although the court’s opinion did not go into detail regarding whether the…

In a case that is attracting nationwide media attention, the Federal Bureau of Investigation has demanded that Apple, Inc., provide technical assistance in the form of “unlocking” a cellular telephone (an iPhone, to be exact) in order to assist the FBI’s investigation into an alleged terrorist attack in San Bernardino, California, on December 2, 2015.…

When a lawsuit is tried to a jury, not everyone is pleased with the outcome. In order to warrant the reversal of a trial court’s entry of judgment upon a jury’s verdict, however, an aggrieved party must be able to show a reversible error to the appellate court. Recently, the City of Boston sought to…

Trial judges can sometimes reach different outcomes in cases involving similar issues, such as those involving workers’ compensation disputes and subrogation liens filed by insurance companies. In a recent case, the state’s highest court was faced with two cases in which trial judges had rendered very different decisions in cases involving basically the same issue.…

A recent jury verdict returned in a medical negligence case tried in the Hampden Superior Court is making headlines across the state. According to media reports, the family of a girl, now 11, who was allegedly injured due to negligent medical treatment during her birth, sued six doctors who were involved in the mother’s obstetrical…

If it seems as if there have been considerably more recalls, fines, and product safety alerts than usual as of late, it is not your imagination. In all, some 973 vehicle, equipment, child safety seat, and tire recalls were issued in 2015, affecting 87,596,264 products. Now, the United States Department of Transportation has launched a…

The United States Supreme Court has two basic types of jurisdiction: original and appellate. “Original jurisdiction” refers to cases over which the Court may hold a trial and render a judgment based upon the facts and the law. By contrast, “appellate jurisdiction” is the power of a court to review and, if warranted, revise decisions…