As summer continues, more children are riding bikes and Breakstone, White & Gluck is pleased to be donating bicycle helmets through our Project KidSafe campaign. This morning, Attorney David W. White delivered 100 bike helmets to Everett Police Chief Steven A. Mazzie and Sgt. Joseph Gaff.
This is the 6th year Breakstone, White & Gluck has made the donation through the Everett Police Department. Each year, our attorneys donate the helmets and the Everett Police Department decides how to distribute them to best reach children who need one. We are excited to see what this year holds!
Breakstone, White & Gluck and our Project KidSafe Campaign
Founded in 1992, Breakstone, White & Gluck represents those who have been injured by negligence across Massachusetts. Our attorneys are committed to encouraging children to wear helmets to protect against head injuries. Through our Project KidSafe campaign, we have now donated more than 33,000 helmets to children across Boston and Massachusetts.
Have you ever signed up for a rideshare app and been frustrated to see the extensive terms and conditions – all on your small cell phone screen? Just what are you agreeing to?
You are not alone. Now, the Supreme Judicial Court of Massachusetts has found Uber failed to provide reasonable notice of its terms and conditions to users. A Massachusetts man and a family member filed a discrimination lawsuit against Uber in 2016, then were compelled into arbitration with the rideshare company based on the app’s terms and conditions.
But on Monday, the Supreme Judicial Court ruled there was no enforceable arbitration agreement between Uber and the plaintiffs in Christopher P. Kauders & another vs. Uber Technologies, Inc. The Supreme Judicial Court remanded the case back to Superior Court.
The Court wrote certain terms and conditions were extensive and far reaching and, “may literally require an individual user to sign his or her life away, as Uber may not be liable if something happened to the user during one of the rides.”
In 2016, the plaintiffs filed a civil lawsuit against Uber in Suffolk Superior Court, claiming that Uber had discriminated against them in violation of M.G. L. c. 272, § 98A. This statute prohibits discrimination against anyone who is blind, deaf or has another physical handicap and is accompanied by a guide dog in Massachusetts. One of the plaintiffs was blind and claimed three Uber drivers had refused him service in 2015 and 2016.
Citing a provision in its terms and conditions, Uber moved for arbitration against the plaintiffs’ opposition. On June 4, 2018, the arbitrator issued a ruling finding that Uber was not liable for the discriminatory acts of the drivers, who are independent contractors.
Then, on June 25, 2018, a decision came in the case of Cullinane vs. Uber Techs, Inc. The United States Court of Appeals for the First Circuit ruled that Uber’s registration process did not create a contract because app users did not have reasonable notice of the terms and conditions.
Users Not Given Reasonable Notice of Terms and Conditions
In Kauders, the Massachusetts Supreme Judicial Court wrote that Uber writes terms which are extremely favorable to the company and does not give users “reasonable notice” of the terms and conditions.
The Court concluded, “Uber’s terms and conditions did not constitute a contract with the plaintiffs. The app’s registration process did not provide users with reasonable notice of the terms and conditions and did not obtain a clear manifestation of assent to the terms, both of which could have been easily achieved.”
Another problem, the Court wrote, is Uber can amend the terms and conditions whenever it wants without consent from users. The burden is on the consumer to keep checking and there is no way for the consumer to object.
In response to the decision, an Uber spokeswoman told The Boston Globe the company had already modified its application forms in a way that should comply with the Court’s reasoning.
What if You Are Injured in a Rideshare Accident?
Rideshare companies have worked to limit their liability in many areas. However, those injured in rideshare car accidents in Massachusetts still have the right to pursue financial compensation for their injuries. In 2016, Massachusetts passed legislation to regulate Uber, Lyft, and other transportation network companies. Under the legislation, drivers must carry an adequate level of auto insurance while working for a rideshare company.
Rideshare accidents can happen and injure passengers, but also drivers of other vehicles and their passengers, as well as pedestrians and cyclists. If you have been injured, it is important to document whether a driver was operating a rideshare vehicle for work or personal use at the time of the crash.
This may be important because rideshare drivers are required to have additional coverage when logged onto the transportation company’s digital network or while the driver is engaged in a pre-arranged ride in Massachusetts.
In the News
Watch Attorney David W. White speak to NBC Boston about complicated rideshare app agreements in 2019:
Boston Car Accident Lawyers – Breakstone, White & Gluck
Breakstone, White & Gluck specializes in the handling of personal injury cases in Massachusetts and has been consistently recognized for our results, including as Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers.
If you have been injured in a car accident or a rideshare accident, learn your legal rights. It is in your best interest to consult a Boston car accident attorney before signing any documentation or speaking to the driver’s insurance company.
For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.
It is our pleasure to announce that Breakstone, White & Gluck of Boston has received two Tier 1 rankings from the U.S. News – Best Lawyers® 2021 edition of “Best Law Firms.” The firm received a Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston. The firm also received a Tier 1 ranking in medical malpractice law for plaintiffs in Boston.
U.S. News & World Report and Best Lawyers compiles the “Best Law Firms” rankings annually to recognize firms for professional excellence and consistently impressive ratings from clients and peers. A firm must have at least one attorney recognized on The Best Lawyers of America list to be eligible for a “Best Law Firms” ranking. All three of our partners – Marc L. Breakstone, David W. White and Ronald E. Gluck – have been individually recognized, including by the 26th edition of The Best Lawyers in America, which was announced in August 2020.
Firms are recognized based on a rigorous evaluation process, including a collection of client and lawyer evaluations, peer reviews from leading attorneys in a field and review of additional information law firms submit may submit for consideration. Awards are given in 75 national practice areas and 127 metropolitan practice areas.
Recognized firms received a tier 1, tier 2 or tier 3 rating. Breakstone, White & Gluck received Tier 1 rankings in personal injury and medical malpractice and these reflect the highest level of respect a firm can earn among other leading leaders and clients in local communities and practice areas.
Attorney Marc L. Breakstone was recognized by Best Lawyers in August in medical malpractice law – plaintiffs, personal injury litigation – plaintiffs and professional malpractice law – plaintiffs.
Attorney David W. White was recognized by Best Lawyers in personal injury – personal injury litigation – plaintiffs, insurance law and medical malpractice law – plaintiffs.
Attorney Ronald E. Gluck was recognized by Best Lawyers in personal injury litigation – plaintiffs.
Attorney Reza Breakstone was recognized by Best Lawyers in America: Ones to Watch (2021) in medical malpractice law – plaintiffs.
More Recognition for Breakstone, White & Gluck
Breakstone, White & Gluck of Boston offers our clients more than 100 years combined experience in the handling of personal injury and medical malpractice cases. We are proud of our consistently strong results and to have achieved a high level of satisfaction from our clients. We invite you to read some of our client reviews or our case results in the areas of personal injury, medical malpractice and car accidents.
Breakstone, White & Gluck been consistently recognized for our attorneys’ results for clients. Best Lawyers and Best Law Firms have mentioned our firm name in at least one practice area each year since 2011.
In addition, for the 17th year, our lawyers were recently selected to the annual Massachusetts Super Lawyers lists, as top rated Boston personal injury and medical malpractice lawyers. Breakstone, White & Gluck also earned a spot on the Top 100 Massachusetts Super Lawyers list and has received past rankings on Top 100 New England Super Lawyers. The Top 100 lists are notable because they draw from attorneys across all practice areas, not just our firm’s specialties.
Our attorneys also maintain an AV rating – the highest rating for legal abilities and professional standards from Martindale-Hubbell.
Free Legal Consultation – Boston Personal Injury Lawyers
If you have been injured by someone else’s negligence or wrongdoing, learn your legal rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676. You can also use our contact form.
For consistently strong results for clients, Breakstone, White & Gluck and our attorneys have been recognized in the 2020 Super Lawyers rankings, including on the Top 100 Massachusetts Super Lawyers list.
We are pleased to share this announcement with our clients, colleagues and friends. This is the 17th year our attorneys have been recognized as top-rated lawyers for plaintiffs in Massachusetts personal injury and medical malpractice cases.
Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck founded our law firm 28 years ago in Boston. Each of our partners has 35 years or more of individual experience. All of our partners are committed to prompt investigation and aggressive representation for our clients, and reaching the best possible result. Our attorneys have successfully defended verdicts through the appeals stage and at the Supreme Judicial Court, the highest court in Massachusetts.
As a firm, we have deep experience in representing those injured in car accidents, truck accidents, bus accidents, bicycle accidents and pedestrian accidents. Clients and their families turn to us after serious and fatal construction site accidents and gas explosions caused by negligence as well as in cases involving premises liability and property owner neglect, including dog bites, slip and fall accidents and catastrophic injuries resulting in brain injuries, paralysis and spinal cord injuries.
Marc L. Breakstone specializes in representing plaintiffs in personal injury and medical malpractice litigation. For 2020, he has received recognition on two lists: Top 100 Massachusetts Super Lawyers (all practice areas) and as a Top-Rated Boston Super Lawyer in medical malpractice.
This is the 13th year that Attorney Breakstone has been recognized on the Top 100 Massachusetts Super Lawyers list. He has been recognized pm the Top 100 New England Super Lawyers list 7 times, most recently in 2018 and 2019.
David W. White has been selected to the 2020 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. A past president of the Massachusetts Bar Association, Attorney White has previously been selected to the Top 100 Massachusetts Super Lawyers 7 times and to the Top 100 New England Super Lawyers on 3 occasions.
Ronald E. Gluck has been selected to the 2020 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. Attorney Gluck has received Super Lawyers recognition each year since 2005. He serves on the Board of Trustees at the Massachusetts Academy of Trial Attorneys. With his extensive experience representing cyclists and pedestrians injured in truck accidents, Attorney Gluck has collaborated with the Charles River Wheelers in 2020, writing The Gluck Legal Takeaway, a series of safety articles for cyclists.
Super Lawyers is a rating service which recognizes outstanding lawyers in Massachusetts and other states. Selections are made using a multiphase process, including a statewide survey of lawyers, independent research and evaluation and peer reviews from within a practice area.
Our Super Lawyers profiles:
Free Legal Consultation – Boston Personal Injury Lawyers
Breakstone, White & Gluck represents those injured by the negligence or wrongdoing of others in Massachusetts. If you have been injured, learn your legal rights. For a free consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.
Breakstone, White & Gluck is pleased to announce our four attorneys have been recognized in the 2021 Best Lawyers in America© and Best Lawyers: Ones to Watch rankings. The rankings were publicly released today.
Marc L. Breakstone, David W. White and Ronald E. Gluck have been recognized in the 27th Edition of The Best Lawyers in America©. Reza Breakstone was selected to the Inaugural Edition of Best Lawyers: Ones to Watch.
Best Lawyers is the oldest and most respected attorney ranking service in the world, releasing rankings in partnership with U.S. News & World Report and other media partners.
This is the 11th year Breakstone, White & Gluck has been selected to the rankings. This year, our attorneys were recognized for their expertise and abilities in the areas of personal injury law, medical malpractice law, professional malpractice and insurance law. Best Lawyers in America© compiles the rankings to help consumers find lawyers with strong professional abilities and expertise in different specialties. The selections are relevant because they are made annually through an exhaustive peer-review process. Attorneys in the Boston area are recognized based on feedback from other lawyers in the region who have knowledge of their work.
Marc L. Breakstone
Read about our four attorneys:
Marc L. Breakstone
David W. White
Ronald E. Gluck
Attorney Marc L. Breakstone
Attorney Marc L. Breakstone has practiced law in Boston for more than 30 years and has earned a reputation as one of the top medical malpractice and personal injury lawyers in Massachusetts and New England. He has been recognized in the Best Lawyers rankings in the practice area of medical malpractice – plaintiff representation, personal injury litigation – plaintiff representation and professional malpractice – plaintiff representation. David W. WhiteAttorney Breakstone also has the distinction of being selected to the Top 100 Massachusetts and New England Super Lawyers lists. Attorney Breakstone is a member of the Massachusetts Bar Association and the Board of Governors of the Massachusetts Academy of Trial Attorneys. Read more about Marc.
Attorney David W. White
Attorney David W. White represents victims of personal injury and insurance bad faith, and is one of Boston’s most respected legal advocates. He has practiced for more than 30 years in the Boston area. He was recognized by Best Lawyers in the practice areas of personal injury litigation – plaintiff representation, medical malpractice litigation – plaintiff and insurance law. Ronald E. GluckHe is a past president of the Massachusetts Bar Association and has been consistently recognized for his results for clients, including on the Top 100 Massachusetts and New England Super Lawyers lists. Read more about David.
Attorney Ronald E. Gluck
Attorney Ronald E. Gluck has practiced for more than 35 years and has obtained multi-million awards for individuals who have suffered catastrophic injuries and damages from acts of negligence. He has been consistently recognized by both Best Lawyers and Super Lawyers for his experience and results in personal injury cases. This year, he was recognized by Best Lawyers in the practice area of personal injury litigation – plaintiff representation. Attorney Gluck is a member of the Massachusetts Bar Association and the Massachusetts Academy of Trial Attorneys, where he serves on the Board of Governors. Ron is a Cum Laude graduate of Boston College (B.A. 1977) and of the Case Western Reserve University School of Law (J.D., 1980). Reza BreakstoneRead more about Ron.
Attorney Reza Breakstone was selected to the Inaugural Edition of Best Lawyers: Ones to Watch in the specialty of medical malpractice law – plaintiff representation. He has practiced with Breakstone, White & Gluck since 2015 and has earned a reputation as a tough and tenacious personal injury lawyer.
Best Lawyers has long published annual rankings to help consumers find lawyers with strong professional abilities. Ones to Watch was introduced to recognize professional excellence among lawyers who are earlier into their careers.
Reza, a graduate of Northeastern University School of Law, is a member of the Massachusetts Bar Association and the Massachusetts Academy of Trial Attorneys. He has also been recognized as a top-rated Boston personal injury lawyer by Super Lawyers Rising Stars. Read more about Reza.
Free Legal Consultation – Boston Personal Injury Attorneys
Breakstone, White & Gluck is committed to providing our clients with aggressive representation and superb results in recovering financial compensation from those responsible for their injuries or the loss of a loved one.
With 100+ years combined experience, our attorneys have won record-setting verdicts and settlements in negligence, product liability and medical malpractice cases in Massachusetts. We have been consistently recognized by U.S. News Best Law Firms, Best Lawyers in America and Best Lawyers: Ones to Watch.
Breakstone, White & Gluck specializes in all areas of personal injury law, representing those injured by negligence in car accidents, truck crashes, pedestrian accidents, bicycle accidents and bus accidents. We also have expertise in premises liability accidents, dog bites and animal attacks, construction accidents, product liability, medical malpractice and catastrophic injuries, such as spinal cord injuries and traumatic brain injuries.
If you have been injured by someone’s negligence, learn your legal rights. For a free legal consultation, contact Breakstone, White & Gluck at 1-800-379-1244 or 1-617-723-7676. You can also use our contact form.
Attorney David W. White was pleased to deliver 100 bicycle helmets to Wade Rubinstein of The Bike Connector in Lowell this morning. Breakstone, White & Gluck donated the helmets as part of our 2020 Project KidSafe campaign for bike safety.
This was our first donation to The Bike Connector and it was a real pleasure to meet Wade and learn about his work. The Bike Connector provides bikes to income-disadvantaged youth and immigrants throughout the city of Lowell. This summer, The Bike Connector is working with the city’s high school summer programs to distribute 100 free refurbished bikes. Now, each cyclist will also receive a free Project KidSafe bicycle helmet from Breakstone, White & Gluck.
The bicycles are important donations. In Lowell, there is no school bus service for high school students. Students can ride the Lowell Regional Transit Authority, walk or get a ride. Bicycles open up new opportunities for students to stay connected and on track with school activities.
“These helmets are really going to help keep kids in Lowell safe,” Wade said. “I want to thank Breakstone, White & Gluck for providing us these helmets. They are going to go a long way.”
In June, Breakstone, White & Gluck and our Project KidSafe campaign were pleased to donate children’s bicycle helmets to the Quincy Police Department, Brockton Police Department and the Braintree Police Department.
Read about our donation to Quincy Police in the Quincy Sun newspaper.
About Breakstone, White & Gluck & Project KidSafe
Breakstone, White & Gluck is a top-rated Boston personal injury law firm serving all of Massachusetts. Our attorneys founded our Project KidSafe campaign in 2013, with a goal of protecting children from head injuries. Toward that goal, we have now donated 30,000 bicycle helmets to children in the Boston area, with help from more than 50 community partners.
Under Massachusetts law, cyclists who are 16 and younger are required to wear helmets to protect themselves. To learn more, we have posted a video and other materials on our website: www.bwglaw.com/project-kidsafe/.
Our attorneys participated in the Equal Justice Coalition’s Walk to the Hill this morning at the Massachusetts State House. Marc L. Breakstone, David W. White, Ronald E. Gluck and Reza Breakstone joined hundreds of other attorneys in urging state lawmakers to raise state funding for civil legal aid.
Last week, Gov. Charlie Baker released his FY2021 budget and proposed a level budget of $24 million for civil legal aid. The Equal Justice Coalition, the Massachusetts Legal Assistance Corporation and supporters are seeking a $5 million increase and that’s why our attorneys participated today. Civil legal aid provides legal assistance to low-income Massachusetts residents who need help with housing, employment, medical care, immigration matters and domestic abuse. It is the last resort for many families, children and the elderly. Advocates say it’s life-changing for people, creating stability and opportunity to stay in their homes and keep working.
The Equal Justice Coalition says civil legal aid organizations are being forced to turn away many Massachusetts residents in need due to funding.
“Investing in civil legal aid is just and makes good economic sense,” the coalition says.
Attorney David W. White was interviewed by Boston 25 News about the potential for social host liability lawsuits following the Hi-Way Safety Systems holiday party and fatal crash in Pembroke, Massachusetts. The driver in that crash is now facing numerous criminal charges related to a teen’s death and injuries to others at the scene, including manslaughter while operating under the influence of alcohol (OUI).
“Now in Massachusetts, that’s a very hard thing to prove,” he said. “You have to be able to show that the host knew or should have known that the guest was getting intoxicated. And it has to be their alcohol. So if a guest brings his or her own alcohol to the party, then there would not be any social host liability.”
Parts of his interview was broadcast last night and this morning. Follow the news website for ongoing coverage: https://www.boston25news.com/
About Breakstone, White & Gluck – Boston Personal Injury Lawyers
Breakstone, White & Gluck is one of the most respected personal injury law firms in Boston. Learn more about our attorneys and our results for clients. If you have been injured, contact us for a free legal consultation at 800-379-1244 or 617-723-7676 or use our contact form.
Attorney David W. White was interviewed by Boston 25 News for a story which aired last night, “Mass. ‘Pothole’ Law Leaving Many With a Hole in Their Wallet.” The 25 Investigates team found cities and towns in Massachusetts are not compensating drivers for motor vehicle damage caused by winter potholes on municipal roads. Surprising many is that state law favors this position.
“You would think the law would be a little more supportive of people who suffer damages to their cars because we can’t maintain our roads,” Attorney White said in the interview. He later added, “The city can say you were 1% negligent yourself and that is an absolute defense to the case. And they’ll win, they will win.”
The investigative team found a handful of exceptions when cities actually paid drivers for pothole damage. But most drivers in Massachusetts had to foot their own bill, at an average cost of $306, according to AAA. The costs can be much higher for some drivers.
If a driver is successful in making a claim, there is a $5,000 maximum compensation.
About Breakstone, White & Gluck – Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured by negligent and reckless driving in Massachusetts. If you have been injured in a car accident or a truck collision, seek immediate medical treatment and consult our attorneys to learn your legal rights. For a free legal consultation, call 800-379-1244 or 617-723-7676 or use our contact form.